There are occasional instances in which certain laws seem to prevent justice instead of promoting it. In a complex, modern, urban society, there are simply too many different situations that could potentially arise for the law to be able to account for all of them. This is particularly true when laws are broad and sweeping. A law capping possible damages for a certain kind of tort, for example, might seem rational in one situation and entirely unjust in another. There is a delicate balancing act that lawmakers and judges try to adhere to, but it is not a foolproof system. If you feel you have been wrongly injured, it would be wise to contact an expert personal injury attorney at 617-787-3700.
In a controversial ruling on June 28, 2018, the Supreme Court of Wisconsin drastically reduced the $25.3 million awarded to a woman who had lost several limbs as a result of medical malpractice, citing a controversial state law. Thirteen years ago, the Supreme Court of Wisconsin actually struck down a law capping damages in medical malpractice cases, finding it unconstitutional. The Court then decided that the suffering of the wrongly injured outweighs the potential burdens of awarding major compensation.
However, the very next year, Wisconsin passed another cap law. Some have suggested that the reason this law was not challenged as unconstitutional is that proponents of the law, mainly those in big business, took efforts to get pro-business judges elected, and thereby push their agenda through politics. Perhaps the provision will be again challenged as unconstitutional, but for now we should hope that no more cases like these take place.
If you or a loved one has been injured due to the negligence of a medical professional, act now and contact one of our expert medical malpractice attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our Massachusetts injury attorney specialists today at 617-787-3700 or email us at email@example.com for your free and private consultation. Your needs are our top priority!
Every so often, stories surface detailing a botched medical procedure or a misdiagnosis that leads to a worsened condition and serious injury for a patient. These stories can be even more frightening than normal accidents because the very reason we go to hospitals is to improve our health, not to harm it. Our trust in medical professionals sometimes verges on blind belief, and when we hear stories of medical negligence we often think that it could never happen to us. In reality, however, medical employees are human, and are susceptible to making grave errors. In such a situation, it would be wise to contact an expert medical malpractice attorney at 617-787-3700.
After Idaho Falls resident Shane Ackeschott injured his back while moving freight at his job, he proceeded to Mountain View Hospital in the hopes that the medical staff would be able to ease his pain and put him on a recovery plan. Unfortunately for Mr. Ackeschott, he left his Mountain View Hospital Visit paralyzed from the waist down, and subsequently filed a lawsuit alleging medical negligence on the part of the hospital staff.
According to the suit, the medical professionals at Mountain View failed to properly recognize his symptoms, and had him undergo a series of tests that required him to move around quite a bit. The lawsuit alleged that being subject to these tests led to his paralysis, which could have been avoided had his condition been properly diagnosed in the first place. Spokepeople for Mountain View claim that while they regret Mr. Ackeshott’s condition, the fact that he did not go to the emergency room largely contributed to his current condition. In the end, a jury agreed with Mr. Ackeschott, who was awarded $7.69 million in damages. Mr. Ackeshcott was represented by attorney Jarom Whitehead, who operates out of Boise, Idaho.
If you or a loved one has been injured as a result of medical negligence, you may be entitled to significant monetary relief. Act now and contact one of our expert medical malpractice attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists at 617-787-3700 or email us at firstname.lastname@example.org for your free and private consultation. Your needs are our top priority!
One aspect of an attorney’s profession that is often overlooked is the challenge in deciding when to bring case, and what kind of case to bring. The facts of the situation might not always allow for a case to be neatly placed in one category of lawsuit, such as a products liability suit or an assault and battery lawsuit. Lawyers need to research the law and decide how the facts might fit in with a particular definition, or how cases with similar circumstances have been treated. If you are considering commencing any type of personal injury-related case, it would be wise to contact an expert personal injury attorney at 617-787-3700.
Stemming from a case in which a deaf and mentally ill child had suffered injuries at the hands of the staff at her school, the Supreme Court of Florida attempted to draw the line between medical malpractice cases, and cases involving ordinary negligence. Cinette Parry, the injured child, was reportedly being restrained by medical staff when she was severely injured. Attorneys representing Cinette elected to bring a negligence lawsuit, while those representing the medical staff argued that it was actually a medical malpractice lawsuit.
The Supreme Court of Florida sided with Cinette. Part of the importance of making this decision, according to the opinion written by the Court, is that medical malpractice suits involve expensive expert witnesses and complex pre-trial proceedings. The Court thus reasoned that such cases should be limited to those directly involving medical care or services, not merely the presence of medical personnel.
If you or a loved one has been injured as the result of the negligence of a medical professional, you may be entitled to significant monetary relief. Act now and contact one of our expert medical malpractice attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at email@example.com for your free and private consultation. Your needs are our top priority!