Navigation Menu+


Medical Magical Thinking

Posted by on 2:04 am in Product Liability | 0 comments

After seeing a doctor and getting a prescription, there’s often a sense of relief that comes over the patient. There’s an expectation that now the doctor has looked over the symptoms and settled upon a course of action, a return to health is not just inevitable, it’s quickly approaching. Simply take the drug at the times listed on the bottle, and a complete recovery will swoop down and take hold almost in the moment.

Written out, it’s clear that there’s a lot of magical thinking involved in such expectations. Although we often feel we are well beyond that primitive witchdoctor mentality in our medicine, there is still much to be seen in our psychological response to treatment. For instance, at times, placebos can be as effective as an actual course of drugs. Simply believing a doctor and his or her drugs have these powers make it so.

In truth, medicine doesn’t really work that like at all, which seems obvious, once again, when stated so bluntly. Medications can work or not work depending on the individual body chemistry of the patient. Side effects are possible, some minor, some extreme. On commercials, when these are highlighted, they are often dismissed almost as if they are fairytales, with the potential users certain if those symptoms exist they will not happen to them, yet, statistically, even the most extreme side effects must happen to someone.

Again, the magical thinking takes hold. Extreme side effects are fairy tales and medicine is magic that will certainly make a person healthy. Absurd on the surface, but all too often believed uncritically all the same.

The truth is, of course, that medicine is sloppy, that quick recovery exists alongside extreme and unexpected side effects, which at the same time exists alongside the drug making little or no impact at all.

While it’s a truism that everyone is different, people rarely extend this to medicine. Personalities are expected to be unique, but the reaction to drugs is expected to be uniform. The quality of care is also expected to be uniformly good. Should a doctor manifest confidence in his or her bedside manner, there is a general assumption that whatever he or she says has the sage wisdom of all of human learning.

Once again, this is false. Doctors, like all specialists and experts, have areas they understand better than others. With so many new drugs and new studies on diseases taking place, a doctor simply cannot be up to date on everything. Doctors, pharmacists, and other medical professionals make mistakes just like people in any other profession.

It’s important to recognize these points of magical thinking and attack them. In order to have a healthier and more successful relationship with medicine, recognize its limitations and learn to watch out for potential pitfalls. This will lead in time to better outcomes for individuals and whole societies.

Detroit Construction Accident

Posted by on 1:53 am in Personal Injury | 0 comments

Construction projects of any kind come with a certain level of danger. You may encounter large machinery, dangerous tools, and any number of unexpected circumstances. On construction sites, workers have the expectation that their company is taking appropriate efforts to keep them; however, this is unfortunately not always the case. While unavoidable accidents do happen, oftentimes another person’s negligent or careless behavior creates these risk-filled situations that can end in disaster. While workers are often aware of the risks involved with construction, civilians who undertake construction projects on their own can be harmed by unsafe working environments as well. CBS Detroit reported on a recent construction accident, which injured two Macomb county citizens.

Late in the afternoon on August 21, 2017, two men became trapped in mud surrounding a new home that was under construction in Chesterfield Township. The men were digging a trench that would be used as the foundation of the house when they became surrounded by mud and clay up to their waist. They were unable to escape on their own and the Chesterfield Township fire department had to come to their aid. Rescuing the men from the trench took approximately three hours, as the rescue team had to be careful to avoid additional cave-ins that would bury the men further. After they were removed from the trench, the two men were immediately taken to the hospital by the EMS. The fire department noted that this area was particularly dangerous due to its proximity to the nearby canal, which caused the ground to be unstable. All residents in the area have been prevented from re-entering, for the time being, so that all construction equipment can be moved and the area is stabilized.

This is a frightening situation, which could have ended with much more serious consequences. Fortunately, both men only sustained injuries from this accident, but the fire department chief warned that these men could have died if the mud had trapped them any further. Although these exact cause of this accident is unknown, this situation demonstrates the number of different dangerous situations that workers may encounter on a construction site. It is difficult to say if this accident could have been prevented. Perhaps these men did not have the experience and expertise necessary to undertake this project, or perhaps injuries could have been prevented with additional planning and safety precautions. Nevertheless, it is important for all workers to try to prevent dangerous situations such as this.

While these men must face the full financial responsibility of this accident, as they were working independently on the home, in many cases construction workers that are injured while on the job can receive compensation for their injuries. Detroit personal injury lawyers, such as Ravid & Associates P.C., can help those injured at work sites manage the financial losses caused by their injuries. This can assist the workers and their families with the physical, emotional, and financial pain caused by construction site accidents.

Chapter 11 Business Bankruptcy

Posted by on 7:14 am in Bankruptcy | 0 comments

According to the U.S. Internal Revenue Service, a case filed under Chapter 11 of the bankruptcy code is frequently referred to as a “reorganization.” It is used primarily by incorporated businesses. Individuals whose debt exceeds the maximum limit for Chapter 13 also file Chapter 11. The debtor uses the time from their bankruptcy filing to the confirmation of their debt repayment plan to reorganize their finances. Failure to successfully reorganize and get a debt repayment plan approved may result in a Chapter 11 case being converted to a liquidating Chapter 7.

Chapter 11 of the US Bankruptcy Code is especially designed for business firms that become insolvent, but would not want to cease operations.

Insolvency puts any business firm’s existence at risk, but business owners should know that while they are legally bound to pay their creditors, the Chapter 11 bankruptcy law can save and protect them from being harassed by creditors and loan collectors, as well as allow them to design a scheme that will make settlement of debts more affordable.

Unfortunately, many business firms shy away from chapter 11 because it is complex, time-consuming, risky and very expensive; however, it is also the only bankruptcy chapter that will allow firms, with loan amounts exceeding the limit set in Chapter 13, to restructure their debt payment and continue business operation at the same time.

Chapter 11 bankruptcy, also known as business bankruptcy, may be filed by limited liability companies, corporations, partnerships and sole proprietorships. Both small businesses and giant corporations can be eligible to seek protection from it.

This reorganization type of bankruptcy requires firms to design a payment plan, which the court will then approve. There are even instances when the court would reduce the firm’s liabilities, such as through the discharge of unsecured debts, to make payment easier and profitability, achieved faster.

Chapter 11 can also be considered a liquidation bankruptcy since the debtor or company can choose to sell some of its assets and properties to be able to pay its creditors. A debtor, however, who has already filed chapter 11 in the last 6  months or 180 days, wherein this application resulted in a dismissal or the debtor either failed to comply with the court’s mandates or failed to appear in court, is prohibited from filing another case.

The Bradford Law Offices, PLLC, know that businesses may carry significant debt for a number of different reasons. For newly started businesses, it is not uncommon for debt levels to be considerable for several years, due to high start-up costs and sometimes unreliable revenue streams. Even existing businesses may be required to carry large amounts of debt during difficult economic stretches or as an operating cost. However, if the debts a business owes become unmanageable, it may be necessary to pursue Chapter 11 bankruptcy protection to resolve the problem.

Workplace Accidents and Injuries: Your Options

Posted by on 6:56 am in Personal Injury, Workers' Compensation | 0 comments

Believe it or not, you can get injured at work, whatever kind of place you work in. You may work in a construction site, which is obviously hazardous in itself, or you may work in an office building, which can be considered relatively safer, and you can still get hurt either way.

You might be asking, what are the hazards in office buildings anyway? There are a lot, such as defective escalators and elevators, malfunctioning appliances and office equipment, slip and fall hazards such as piles of documents, opened cabinets, loose wires, and carpets, and fire hazards, like overheating electronics, overused wiring systems, and combustible materials that can be near these things.

But if you do get hurt in a workplace accident and has sustained an injury, what do you do? You have two options.


Getting injured while working is devastating, both for your personal and working life. The injury can limit you temporarily or permanently. This injury can also affect the way you work, and possibly even your future employment opportunities, especially if the injury is permanent. There is also the financial burden of medical costs.

Because of these damages, you may have legal options. This is especially true if your employer, supervisor, or any other responsible party, has been negligent or reckless, resulting into the accident and injury.

Workers’ Compensations

Those who have been hurt on the job may be entitled to workers’ compensation. But what is workers’ compensation exactly? It is some form of financial security, like an insurance, wherein an employee who has been hurt can get money, usually calculated in relation to his salary.

Most of the time, those who choose to go for workers’ compensation are required to give up their right to sue their employers. This can be a good thing for either party. The employee can get financial assurance, while the employer can prevent unnecessary expenses in the form of legal matters. It also boosts employer-employee relationships.

Driver Fatigue and Car Accidents

Posted by on 3:34 pm in Uncategorized | 0 comments

Car accidents may happen because of honest mistakes and reckless behaviors, but there are times where they happen because of something between the two, such as driver fatigue. It can be considered an honest mistake because the driver has failed to estimate his capabilities, and it can be a reckless behavior because the driver has been unwilling to stop to get adequate rest.

According to the website of the Houston car accident lawyers of Williams Kherkher, negligent parties who have caused accidents may be held liable, and one of the eligible parties include fatigued drivers. This just proves that the law is not tolerant towards driver fatigue, because it fully knows how it can pose as a hazard not just for the fatigued driver, but for the other people around him.

Signs of driver fatigue
Since drivers have the tendency to overestimate their capabilities, they may rely on the following signs to determine that they are not fully suited for driving because they have reached their limit:

  • Difficulty in keeping the eyes open
  • Head nodding
  • Inability to concentrate
  • Poor comprehension
  • Poor judgment
  • Slow reaction time
  • Yawning

Reasons for fatigue
Drivers can experience fatigue because of many reasons, and those reasons may directly or indirectly involve driving. The following are just some of the most common reasons for driver fatigue:

  • Being under the influence of medication and other products
  • that may cause drowsiness
  • Driving during sleeping hours
  • Driving too much to reach a deadline or quota
  • Emotional and psychological stress
  • Inexperience to endurance driving
  • Lack of adequate sleep
  • Too much work

How fatigue can affect driving
Driving is a skill that requires physical and mental capabilities. In the physical department, the driver needs body coordination, particularly between the eyes, hands, and feet. If this body coordination is compromised, like when the drowsiness puts your eyes off the road and your hands off the wheel, you may be in danger of crashing or colliding with others around you.

In the mental department, the driver needs adequate comprehension and judgment to read road signs, understand traffic lights, determine the distance between him and the others around him, and react to unexpected events, such as vehicles suddenly making a turn and pedestrians suddenly crossing the street.

Overtime Pay Violations against Nurses and Hospital Personnel

Posted by on 3:25 pm in Labor Law | 0 comments

In all U.S. states, employees benefit from many different laws aimed at promoting their legal rights and protection, such as the Anti-discrimination law and the Fair Labor Standards Act, which stipulates the required number of hours of work per day/week, the national minimum wage and computation of overtime pay.

Though there may be workers who are not covered by these laws, all employees are generally assured of minimum wage plus additional or overtime pay for any extra number of hours of work that they render beyond the 40-hour work per week that is mandated by the law.

The federal law, which specifically gives directives and sets the standard for recordkeeping, child labor regulations, minimum wage and overtime pay, is the Fair Labor Standards Act (FLSA), also known as the Wages and Hours Bill, which the US Congress created in 1938 and which is presently controlled by WHD or Wage and Hour Division.

The FLSA is intended to benefit all employees, whether part-time or full-time, in both private and public businesses. This Fair Labor Standards Act has components leading to civil or criminal offenses in the event of violation of any of its stipulations. Besides the criminal penalty and the huge fine for violation of any of the Act’s stipulations, compensation for damages suffered by an employee, which includes lawyer’s fees, will also have to be paid by erring employers.

Despite the law and the harsh penalties, many employers find ways to continue carrying out unfair labor practices, denying their employees the minimum and/or overtime pay that they deserve. Every minute worked deserves to be compensated, thus, any employer violation can lead to an offense which will merit for the employee all unpaid compensation.

One sector where workers continue to suffer wage and hour violations is the medical (sector); this sector is made up of nurses and other hospital personnel.

Due to the type of work that nurses and hospital personnel perform, they often get required to render additional hours of service right after their regular shift. Though hospital work naturally requires extended duty and OT work, pay agreements are legally and clearly reached by both employees and their employers. Legal agreements, however, often remain on paper, leaving many medical workers unable to receive the compensation and overtime pay that they rightfully deserve.

In its website, the Leichter Law Firm clearly states that employees who work more than 40 hours in a week should receive overtime pay at a rate of one and one-half times their regular rate. Some employers, however, classify nurses as “Independent Contractors” and so label them as contractors or 1099 employees if they are working through medical staffing companies. Due to this, they are given the same hourly rate for all hours worked, even those over 40 in a workweek. Nurses who are subjected to this kind of treatment should work together to bring this employment violation into the open.

What Claims Are Available In A Wrongful Death Case?

Posted by on 5:36 pm in Personal Injury | 0 comments

No amount of money can pay for a life that is lost. But filing a lawsuit can provide the survivors of the deceased an opportunity to get back on their feet and recover losses from the person liable for the unexpected death of their loved one. According to the website of Karlin, Fleisher & Falkenberg, LLC, it will be to the best interest of the family of the deceased if they file a wrongful death claim.

A wrongful death case is a civil action filed by the surviving family members or the estate of the deceased whose death was due to a negligent act of another person. Depending on the state where the death happened, the awarding of the damages will be dependent on existing rules as well as the time limit.

Categories of Damages

Damages in a wrongful death case are usually classified into two broad categories. The first one covers damages from the time the negligent act happened until the time of death. This might include medical expenses, mental and physical pain and suffering, lost wages, funeral and burial expenses.

The second category of damages shoulders losses experienced by the relatives or surviving family members of the deceased. This category is designed to compensate for financial losses. Damages in this category aim to replace the value of money the deceased could have earned if they were still alive. This includes lost wages and money earned by the deceased until their retirement.

When To Claim

The time period for filing a wrongful death claim is covered by the statute of limitations. The case must be filed by the kins of the dead person within a couple of years after the death. Depending on the nature of claim, the statute of limitation can be extended. Wrongful death claims usually arise from negligence cases. It can be the result of intentional behavior such as homicide or strict liability situations such as defective products or unsafe pharmaceuticals.

Wrongful death is both a civil and criminal case. As the former, it is filed by the family of the victims to recover damages. The burden of proof is on the family through a preponderance of evidence. As a criminal case, it is a public prosecutor who files the case on behalf of the state. The defendant could be charged with first degree or second degree murder, manslaughter, and others. If the defendant is acquitted from criminal charges, they could still be charged with a civil case.

Employee Rights to Paid Sick Leave

Posted by on 11:51 am in Labor Law | 0 comments

The way that sickness is perceived has drastically changed as medicine has developed and societal norms have prioritized a successful career over basic necessities. However, one’s health is extremely important and should be attended to if at risk, with the complete encouragement of an employer.

As seen on the website of Cary Kane LLP, New York labor laws state that an employee that works more than 80 hours is required to be granted 40 hours (5 days) of sick leave at their disposal for that year. Withholding that privilege, which is essential to the improvement of their sickly condition, can not only worsen the health of the employee, but also violate labor laws. Even if a worker is not ill, s/he is still entitled to using sick leave to attend to other issues, such as the care of a family member. These laws protect the rights of employees, and if broken, an employer will face the consequences of overstepping their boundaries. A few ways in which an employer can go against labor laws are by refusing to provide payment to an employee on leave, as well as firing an employee for utilizing this guaranteed privilege. In the event of a wrong dismissal, an ex-employee should go to either the city or court, depending on the practices of the state involved.

A sickness or emergency is never foreseen, and it should be understandable for a workplace’s employees to take care of personal matters when a crises spontaneously occurs. Violating these rights only causes complications for both parties and prevents an ill employee from focusing on their health, which should be ranked higher than the number of hours spent in the office.

Criminal Defense in DWI Cases

Posted by on 8:20 am in Criminal Defense | 0 comments

A driver operating a vehicle under the influence of alcohol is an obvious threat to others on the road. Not only is it reckless and irresponsible, but the choice to drink and drive can also result in the loss of lives, including the negligent driver’s. Because of the severity and prevalence of DWI, law enforcement has increased in an effort to manage the problem. This newly adopted heightened sense of caution has caused police to actually falsely arrest some who are not legally intoxicated. Therefore, the repercussions are high when considering the event of a DWI.

The legal limit for a blood alcohol concentration (BAC) is .08%, and breaching this limit will result in an arrest that can potentially ruin aspects of an individual’s life. Financial opportunities and future jobs can be difficult to attain after being charged with a DWI. To learn more about how a DWI affects your life, click here. Personal or professional relationships can be permanently damaged with a criminal record. However, seeking a legal team can help to build a strong defense, as well as ultimately lessen or eliminate charges. According to the website of Brent Horst, Attorney at Law, penalties include probation, jail time for 3-180 days, a $2,000 fine, or a loss of license for up to 2 years.

While these penalties cost the accused a clean slate and a difficulty securing future possibilities, it also costs a substantial amount of money that can sometimes not be afforded.

Dealing with a Looming Bankruptcy

Posted by on 12:20 pm in Bankruptcy | 0 comments

The future is unpredictable and always susceptible to change. Thus the future can be daunting for any companies that are beginning to question their ability to pay off an overwhelming debt within a few years while running a successful business. Deciding what is best for a company that owes a substantial amount to creditors is a tough decision, and it is often unclear whether any decision made will still be benefiting the company a year later. While some business owners continue to carry the burden of debt, there are other options that can provide debt relief, such as bankruptcy.

Because the circumstances in which bankruptcy is considered can vary, there are several types that can prove beneficial to a business’s unique situation and aspirations for the unpredictable future. The first and most commonly preferred option is chapter 7 bankruptcy, which applies to either an individual or a whole business. Essentially, chapter 7, or “liquidation”, allows a company to sell some of its assets and then pay creditors. However, eligibility may make it difficult to proceed with that strategy. An alternative to chapter 7 is chapter 11 bankruptcy, which involves the reorganization of a company, sometimes with the help of a corporation or partnership, and the preparation of a debt repayment schedule. This way the business can continue to successfully move forward while paying off what they owe. Chapter 11 is similar to chapter 13, with the exception being that this tactic applies to individuals. Someone with regular income and crippling debt can develop a 3-5 year payment plan that enables them to continue living their lives without the suffocation of financial obligations that are out of their control.

For those companies and individuals that are unable to manage their debt, legal assistance can provide relief to those who suffer. There are many other options to consider, but among the few listed, it is clear that there is a good variety of choices that can appeal to most financial situations. By accurately assessing the situation and acting based on that observation, individuals may be able to recover some control over their futures.