The Law

Medical Malpractice: The 3rd Biggest Killer in the US

The Law

Medical Malpractice and GavelFor years, headlines in America teemed with stories of medical malpractices that left families bereaved, patients disabled for life, and health professionals stripped of their license.

In the US, medical malpractice is prevalent, and it is important for both doctors and patients to arm themselves with information to prevent these fatal errors from happening. Medical malpractice has already claimed the lives of 250,000 people.

Common Medical Errors

Most doctors get into hot water because they mistakenly diagnose a patient. If they misdiagnose a patient, they could give the wrong treatment, which is usually harmful, if not fatal. For instance, a patient may be allergic to the medicines given to him. On the other hand, if the doctor does not diagnose a disease in time, any treatment might be too late and useless.

Another common case of medical malpractice is injuries incurred during child delivery. The mother could suffer from heart attack, seizures, or internal hemorrhage that cause death.

Other times, it is the child who suffers when the designated nurse fails to administer the right care to him, and he is neglected. Negligent prenatal care is likewise a cause for concern because there is the likelihood that congenital disabilities and other problems won’t be identified and given attention.

Mistakes in surgery and anesthesia are other medical errors that doctors and health professionals can commit. Both may also end up in the death of the patient.

Should You Hire a Lawyer?

Just in case you are living in Springfield, IL and medical malpractice happens to you, it is your right to seek the help of an attorney. Don’t be afraid to narrate the circumstances surrounding the incident, however embarrassing, as every detail could be helpful in solving the case.

If you are a doctor, surely you don’t want to risk your license. If you are a patient or a relative of the victim, you would want to ensure you are given all the assistance possible. Contact an attorney and help stop the prevalence of medical malpractice.

In Love and Incarcerated: Are Prison Relationships Now Common?

The Law

Man behind barsIn 2015, a female North Carolina prison employee made it to the news after investigations found a connection between her alleged sexual relationship with a prison inmate and a jailbreak. According to corrections officer Robin Kay Miller, sexual relationships between inmates and officers have always been a problem, especially as allegations arise that felons may be using such affairs to break out.

For other prisoners who found love behind bars, however, a life outside is not the only factor that can fuel a relationship. A lot of them did fall in love, and with people from the outside who they met through websites and apps.

Snail Mails are Out, Apps are In

Some inmates were fortunate enough to be able to turn to bail bonds in Raleigh, NC, to attain freedom, start anew, and find love outside. Others, however, have no other choice but wait for their case to move on.  

In the past, these inmates relied on snail mail to meet friends and potential partners. With the arrival of websites and apps such as InmatesforYou.com, MeetaPrisoner.com, GayPrisoners.net, and PrisonTalk.com, it is easier for inmates to communicate with people and even find love interests from the outside.

Not Old News

Records show that inmates who serve time, even for the most heinous crimes, have the ability to woo people outside.

Take Lyle Menendez, for example. Lyle was incarcerated with brother Erik in 1989 for the murder of their parents. After they had been given a life sentence, he married Anna Eriksson, his pen pal, in 1997. They split up after one year, but in 2003, Lyle married another pen pal in a prison ceremony.

Scott Peterson, meanwhile, who was in the death row for the murder of his wife and his unborn son, reportedly received a significant amount of love letters from admirers.

Many people reach out to inmates to show compassion to those behind bars. Sometimes, however, it’s easy for the lines to get blurred. While some conditions can restrict inmates from forming new relationships, there are instances when such relationships work out.

You Just Need These 2 Quick Steps to File a for Divorce in Colorado

The Law

Divorce Text Written in a Torn Piece of PaperIn Colorado, if you can no longer get along with your spouse, you may find it easy to file for a divorce. The state would gladly grant it to you if your marriage is “irretrievably broken,” without citing other concerns.

Now, before you go straight to the courts to file for a divorce, you should meet the residency requirement. You should have lived in the state for a minimum of 3 months or 90 days. Next, here’s what you got to do. Consult with a divorce lawyer in Denver, Colorado who can better explain to you the entire process.

Step 1: Fill-Out and Submit Necessary Forms

Although there are many forms that you have to fill out, there are only three main ones. First is the Case Information form, then the summons (Summons for Dissolution of Marriage or Legal Separation form), and the petition (Petition for Dissolution of Marriage or Legal Separation form). There are two kinds of petitions, one for “with children” and one for “no children”.

You can get copies of the forms at the courts, or you can just download them online through the website of the Colorado Judicial Branch. Print your copies only on acid-free bond paper.

Submit your documents to the county court where you and your spouse live. It will be filed, stamped, dated, and photocopied. You will be given copies as well.

Step 2: Serve the Summons and Wait

Now you can provide copies of the documents to your spouse. You will be sending the summons form that should be signed by your spouse, too. However, if you jointly file for divorce, you can opt not to provide a copy of the summons.

After the summons is signed, it should be returned to the courts for proof that the divorce case is in progress. However, you have to wait three months before anything is done about it. All you have to do now is wait.

If you can’t do everything by yourself, you can hire a divorce lawyer in Denver, Colorado to help you accomplish all these tasks.

The Return of the Child: A Seamless Handover

The Law

Child Custody in AlbuquerqueIf you are a divorced parent, one of the best feelings in the world is seeing your child come back after a vacation or stay with the ex – because if you were honest enough, you’d rather avoid handing over your child, in the first place.

Despite the fact that your ex will take care of your child, it’s still difficult to endure the long wait before they come back. As a parent, it’s natural to worry about their welfare, as well as wonder if your ex will do a good job (especially if you came from a high-conflict divorce). You want the kids by your side, but even the best child custody attorney in Albuquerque would discourage you from being selfish with the non-custodial parent.

Handovers are bittersweet moments and in some cases, difficult to manage.

Fortunately, there are things you can do to ease the angst:

Realism Matters

The upcoming reunion results in a basket of mixed emotions: eagerness, excitement, and nervousness. You need to come to terms with the reality that there’s bound to be some emotional baggage – if not from you, then perhaps from your child, your ex, or maybe someone else in your immediate family.

Acknowledging the reality that not everyone will accept the “handover moment” in the same way should be where you start. Approach the future reunion (or, the future goodbye) realistically. Know that the possibility of an awkward shift is very real, and give people – including you – time to adjust and settle back into normalcy.

Sympathize with the Other Side

Your reunion with your child encourages anticipation and excitement. The ecstatic feeling makes it easier to ignore the feelings of the other side. While you dream of the day your child hugs you back, your ex probably dreads the day they hug them goodbye.

There’s nothing to lose when you sympathize with your ex-spouse. Don’t take it personally when they become frustrated or angry; they will just miss your child. Rather than lash out or be smug about the ordeal, keep your feelings in check. Be polite and keep it as civil as possible.

Having your child back can be an amazing experience, especially if you get through the handover. With a little sensitivity, you’ll get through this awkward phase. 

Contesting a Will? 3 Legal Grounds You Should Know

The Law

Probate Lawyer in DenverDid your deceased relative promise to include you in their last will but they didn’t? Or are you an estranged son who felt left out of your deceased parent’s will? If you feel that you should be part of a person's will, you can contest it in court. But read the following legal grounds for challenging a will before proceeding with the legal process:

1. Ignoring State Law

According to probate lawyers in Denver, each state in the US has specific laws governing last will and testament matters. In some states, for instance, a Testator and at least two witnesses must be in the same room at the time of signing the will. If you can prove that the will wasn’t signed in accordance with particular state laws, it is a strong reason to invalidate the will.  

2. Lack of Capacity to Sign

Commonly used when the Testator had grave health conditions before passing, this ground to invalidate a will is somewhat difficult to prove. As long as your deceased loved one understood the will and had the capacity to sign it at the time of signing, their last will and testament will be deemed valid. Even if they have signs of dementia before passing, it’s hard to prove that they lacked the capacity to sign at the time of signing. However, you can still use this legal ground if you have the witnesses’ testimonials to support your argument.

3. Undue Influence

Do you have proofs that your loved one was pressured by another relative to sign the will? If yes, then you can challenge the validity of the will using the undue influence as a ground. However, you must prove that the pressure was extreme, causing the Testator to lose free will during the time of signing. Threats, nagging, and verbal abuse are often not enough to prove extreme pressure, says a number of estate lawyers.

Apart from knowing the possible legal grounds you may use, you must also consult with an attorney who handles last will and testament matters. With a professional help, you will have a better chance of claiming the sufficient benefits from your deceased loved one’s estate.

A Responsibility to Millennials: Letting Them Know About the Rules

The Law

Young Employees in New ZealandYoung people today know what they want and what they need to do to achieve it. This ends up at the subject of working, something they are famous for, but not for something good. They know what they have to do, but as employees, they must know where their obligations start and end. This means explaining to them the rules that they have to follow and the law that requires it.

It is not the easiest thing to talk to ‘millennials’. Most of them are only starting to work and while they are technically adults, they still need guidance. They may never break these rules, and knowing about them will definitely play a part.

The Unseen Rules Matter the Most

As the employer, you have no obligation to ensure your employees are taking the right path. You pay them in exchange for their effort, but it is a part of your responsibility to know what they can do and what you can do. This is why a course on employment law is important. It is far from a prelude to a late career in law, but it is what you need. You will then use this knowledge to create your own rules in the company, one that you find fitting in your industry, and pass it on to them.

A lawyer is necessary at times and in most cases, it is about setting boundaries. You do not want to suffocate this crowd, but if they know their limitations, it would be easier for them to do their work. Either this or utter chaos when someone breaks the rules; it is your duty, plain and simple.

For the More Serious Part

As young people get older, they will have more freedom to do what they want. A good foundation for this inevitable occurrence is for them to know what happens when severe actions receive an equal reaction, i.e. about redundancy. NZ’s I.R. Thompson Associates notes that this is one of the more serious things they should be made aware of. Fair is fair, which is the most important thing about redundancy, among other austere issues about employment.

It may seem a lot now, but this will become a mere footnote of your business. Rules are there for a reason and in a work environment, it will lead to more learned employees and a more fit workplace.

Qualms about Divorce? Science Says Better Days Are on the Horizon

The Law

Divorce Cases in UtahTo most Utahns, divorce is generally the answer to ending an unhappy marriage. While it may be the ultimate process to legally move on and find your happiness elsewhere, you know it’s more complicated than that. Divorce is full of uncertainties, a long, dark tunnel perhaps paved with years of emotional, mental, and financial difficulties.

Good news is there’s always light, a glimmer of hope that await divorced couples—particularly in the Beehive State. If you have misgivings about getting a divorce, make peace with yourself since research shows that things are going to be alright:

Love is Likely to Last the Second Time Around

Mt. Nebo Law says that even if you ask any experienced divorce attorney in Spanish Fork, Provo, and Orem would say that divorced Utahs tend to find their perfect match if they remarry. This is the reason men and women in Utah have the lowest chances to be divorced (again) in the country.

While the state registers an above-average divorce rate, numbers show that second, or sometimes third, marriages seem to last.

Things are Expected to Work Out if You Remarry Old Enough

To reduce the odds of divorce in succeeding remarriages, you must also say “I do” at the right age. According to a study, couples that get married after the age of 32 tend to stick together forever.

This is why divorce is only popular to the young in this state. The study’s author reveals that the case could be due to the economic recession, millennials tending to put off starting a family until they’re more financially capable.

Whatever the reason, the key is to never rush and ensure you’re 100% ready to commit to another person again. If you are to make your next marriage last, time is your ally.

Your Children are Possibly Happy That it Ended

Surprisingly, a study shows seven of 10 children with divorced parents actually understand the motivation behind the separation. They feel it’s the ultimate solution to solve marital issues.

This doesn’t mean they’re not affected by the divorce to some extent, but, at least, more kids view a broken family better than a complete family without love. If your children are the only reason holding you back to file for divorce, realize that even they know it’s for the better.

Nobody dreams of getting a divorce, but it’s usually a blessing in disguise. It may spell the end of your failed marriage, but it likewise marks your life’s new chapter that’s full of opportunities to be happy.

What Happens After You’re Charged with a DUI

The Law

DUI Attorney in Springfield, IllinoisGetting arrested for a DUI (driving under the influence) charge may seem like the end of your happy life. But, that does not have to be the case. With thorough research and legal assistance, you can win the fight against any legal battle. 

Don't let a DUI case ruin your life. Let this article help you what to do. 

  • Being charged with a DUI is a serious offense, says Noll Law Office. It may have serious repercussions, including a hefty fine, a suspended license, and maybe even jail time. You will need to appear before a judge for an arraignment, which is a court appearance where you will be formally charged with the offense. At this point, you will have to respond by entering a plea of guilty or not guilty.
  • The fact is that you need a lawyer to represent you at this point. You can either plead guilty or not guilty. The not guilty plea can change later on, depending on many factors. The amount of your bill will also be set at this point. Most states will allow you to have a jury trial, which can be dropped later. You need to remember that you should deny any charges of prior DUI charges, as you will be able to challenge them later on.
  • Once you have been released from jail, you can seek the help of an experienced DUI attorney in Springfield, Illinois, to evaluate your case. Your alternatives at this point are to plead guilty to the charge or try to plea bargain the charge down to wet reckless driving, i.e., reckless driving when drunk. You can also ask for a trial before a judge or a jury trial, which is available in most states.
  • If you’re blood alcohol level (BAC) was over 0.08%, but below 0.12%, you may have a slim chance of winning the trial but this reading is enough in most states to convict. If your BAC was over 0.12% you stand almost no chance of winning the trail and your best chance is to plea bargain.

Knowing the consequences is one of the ways to curb the mishaps due to DUI. It's best to know the limits and abide by the law, but in case you are in a DUI mess, don’t hesitate to get some professional help.

Two of the Most Famous Trials Ever Viewed on TV

The Law

Criminal TrialsHigh-profile criminal trials are nothing new to the American public. Everyone knows there are thousands of criminal trials that never make it to prime time TV, to the front page, or to social newsfeeds, but they’re there. It’s just that there’s something about high-profile cases that have audiences around and even outside the country glued to their TVs. In some cases, those who are on trial themselves reach a certain level of celebrity status, if only for a while.

Bernripka.com sites two of the most popular trials ever to grace the covers of national broadsheets and leave even the most experienced lawyers in New York and other major cities shaking their heads.

  1. The O.J. Simpson Trial

When it comes to famous trials, no list is worth its amount in ink if the name O.J. Simpson is not included. Truly, this case set the bar for 24-hour media coverage — and that was way before Twitter. It was called the Trial of the Century. Former football star and part-time actor O.J. Simpson was accused of murder. The victims: his ex-wife Nicole Brown, and her friend Ron Goldman. The bodies of the two were found in Los Angeles on June 12, 1994. The infamous Bronco low-speed chase, the trial, and the only acquittal in history to make a nation gasp — all etched in the mind of the public courtesy of Court TV (now truTV), which became famous thanks to this coverage.

  1. The Menendez Brothers Trial

If the O.J. Simpson trial solidified the position of Court TV in the national consciousness, it was first the Menendez Brothers trial that brought it its first taste of real success in 1993, a mere two years after its launch. Lyle and Erik Menendez killed their rich parents with a 12-gauge shotgun in their Elm Drive mansion in Beverly Hills on August 20, 1989. The murder was so violent that even The Wall Street Journal expressed the suspicion that it may have been committed by Mafia hit men. The sociopathic brothers, after slaying their parents in cold blood, went on a shopping spree worth a million dollars by the end of the year. Erik’s breakdown and confession in front of a psychotherapist ultimately led to their arrest.

It’s hard not to be riveted by such criminal trials that quickly escalated to celebrity status. One can’t help but imagine how much more famous these trials would have been if social media were already present when they happened.

Your Divorce is Your Own Business

The Law

Going Through A DivorceIf you and your spouse have decided to call it quits, the world doesn’t have to know. They shouldn’t be meddling in whatever is going on in your life, and more importantly, this is a deeply personal issue between two people. If you don’t feel it now, just wait until you go at it with your soon-to-be estranged partner. You will strain your mental capabilities just to keep a day from blowing up.

More than that, people are growing less accepting of divorce. A study by the CDC shows that Americans welcome a range of other controversial issues related to marriage, but not divorce. But, how could this affect your own case? People in high emotional states are very prone to what other people say. There’s nothing wrong with considering the opinions of others, but if you accommodate what other people prefer, it becomes their divorce and not yours.

The Best for You

Whether or not you have plans of being cordial after the divorce, try to negotiate a deal where you won’t begrudge each other. To be more specific, what’s best for you doesn’t have to make your spouse suffer. You probably have a strong urge to do such a thing, but trust any lawyer who tells you that no good will come out of it.

When there are children involved, what’s best for you also means what’s the best for your kids. More than that, you and your spouse will have to accept that you have to be civil with each other. KufferLaw.com says that divorce is damaging enough for kids that they don’t have to see their parents fighting over the smallest things.

Separating the Big Things

In another matter, the divorce also means you may get into a conflict with your spouse regarding ownership of some things. The big one that could be a root of many disagreements is who gets to manage the business. There are handy guides that can help you with the basic stuff, but in some cases, it will be what you want against what your spouse wants.

But, despite all these things, you shouldn’t be soft. Claim what is rightfully yours, and don’t let the fact that this is a divorce escape you. Be clear in what you want to happen, and your lawyer will know exactly how to get it for you.