The assessment of pain and suffering damages is different for each claim because the circumstances of each injury victim from before the accident will vary, and injuries impact everyone differently.
Physical injuries often take away from a person’s ability to do or enjoy what they did before the accident. People may not be able to continue to work in their career or they may have trouble engaging in activities with their children or have difficulty participating in hobbies and doing things they are passionate about, etc. Some injury victims lose their abilities completely, but most people end up pushing through pain to do the things they need to do and used to love to do, usually with much less frequency than before. These impacts fall under the umbrella of “pain and suffering.”
Administrators at nursing homes and assisted living facilities owe a duty of care to their residents. This duty of care includes acting quickly and taking reasonable steps to prevent the spread of COVID-19, such as:
It is common knowledge that expert witness fees can be one of the highest costs in litigation, if not the highest. Especially if a referral service invoices for the expert assisting on the case. Therefore, an attorney will try to mitigate these costs by:
Finding an expert on their own, and using that expert on multiple cases
Asking around, via email blast or word of mouth, to see if anyone has an expert in the required specialty
Using a local doctor to screen their case, and trying to find an expert that agrees with this opinion
In addition to the risks and costs of the above there are many expert horror stories, that involve:
Not disclosing a disciplinary action
Not actively performing the procedure or care in question
Yes, knowing that you need an appropriately qualified expert is the first step in properly investigating the merits of your case, and connecting with the right expert is an investment that pays off starting with record review, all the way through to trial. Let Saponaro, Inc. assist you from the beginning, so you avoid these common mistakes.
As we continue to wind through the coronavirus, the most obvious cases of infection have centered around our nursing homes. There is no doubt that nursing homes and similar group living facilities are in a difficult position. USA TODAY reports that a minimum of 2300 long-term care facilities in 37 states have reported positive cases of COVID-19 and that over 3000 residents had died. Because the infection spreads rapidly and is not always symptomatic, nursing homes that exercise reasonable care may still experience an outbreak. USA TODAY also reports that before the pandemic, 75% of nursing homes had been cited for failing to properly monitor and control infection in the past three years.
Elderly and immuno-compromised individuals are particularly vulnerable to COVID-19 and whether the facility that they reside in is responsible for their infection requires a thorough investigation. (more…)
Changing times mean new opportunities. Not only are attorneys being asked to work in new ways, but clients are going to ask new questions that you should be prepared to answer. The following is a guide to finding your way during the pandemic.
What clients need:
The search term “getting a will” has risen sharply since March 8th according to Google Trends. Many people in uncertain times look to put a plan in place in case of illness or death. This trending search indicates many Americans are getting their proverbial houses in order. It is also a good time to discuss with clients the need for power of attorney should they become incapacitated.
Interpretation of changing federal and state benefit laws(more…)
Expanding your practice can come with many hurdles. We can help you grow by taking the workload off your desk and allowing you to focus on the practice of law. Outsourcing leads to higher efficiency and productivity, with the ability to meet deadlines and to start new projects quickly and at lower operational costs. These advantages help level the playing field by giving smaller firms and solo practitioners the same economy of scale in regard to efficiency and expertise, without an increased payroll.
Saponaro, Inc. has developed a menu of services to assist in all aspects of litigation support including our:
Urgent care centers first opened in the 1970s. Now, more than 10,000 urgent care centers provide a variety of medical services to consumers in every part of the United States.
As the number of urgent care centers has increased in the U.S., so has the number of medical malpractice lawsuits brought against these facilities. A majority of these claims allege an urgent care center made an incorrect diagnosis or failed to diagnose a serious medical condition.
Unfortunately, errors made in outpatient settings are considered to be as common, if not more prevalent, than errors made in hospital settings. Yet it’s hard to find data on the numbers of these errors.
As a point of reference, it’s important to note that in 2016, medical errors in hospital settings were the 3rd leading cause of death in the US.
The typical long wait and high costs associated with visiting a hospital emergency room have enticed many people to visit urgent care centers for emergency treatment. Unfortunately, urgent care centers do not have access to the same diagnostic or critical care equipment found in hospital emergency rooms, which can lead to serious consequences for the patient. (more…)
Thirty days after release from the hospital can pose a risky time for many people. A study found that nearly 20% of patients experience adverse events within 3 weeks of discharge, nearly three-quarters of which could have been prevented.
Early discharge dangers include:
Adverse drug events are the most common post-discharge complication
hazards arising from the fact that nearly 40% of patients are discharged with test results pending
discharged with a plan to complete the diagnostic workup as an outpatient
In addition, there is increasing concern that the stressful hospital environment may lead to post-hospitalization syndrome— a patho-physiologic syndrome of weakness and increased stress that may leave patients vulnerable to clinical adverse events such as falls and infections. Nearly 20% of Medicare patients are re-hospitalized within 30 days of discharge. (more…)