Nursing malpractice can be defined as negligence on the part of nurses which brings physical or emotional damage to the patient under their care. This includes mistakes while assisting in the delivery of a child, failures with medications, or causing any loss and/or injury by not working well.

Below are key elements of a nursing malpractice case that should always be taken in mind:

1. Standard of care. Basically, standard of care is the nurturing and concerned behavior of a careful or prudent health care specialist that they provide in all circumstances. Nurse Practice Acts, State Boards of Nursing, and Nursing Departments generally have made policies and procedures regarding standards of care that guide nurses and ancillary staff in almost all patient care situations they may face.

Standard of care can help the nurses prevent making fatal mistakes such as:

1. Failure to assess patient’s condition such as blood pressure, vital signs, or blood glucose levels on time

2. Inability to take proper action or notify physicians when there are significant changes in the patient’s condition

3. Commitment of medication and/or documentation errors

4. Misusing a medical device or gadget

5. Failure to perform a procedure

Proper demonstration of standards of care means absence of malpractice in the work place.

2. Duties and responsibilities. Once a nurse accepts assignments, whether they are reports to accomplish, patient care, or doctor assistance, she has already agreed to take responsibilities for those activities. By accepting the assigned patients, for example, the nurse has assumed a duty to take care of and treat the patient with a high degree of skill, care, and diligence acquired or exercised by experienced, competent, and careful nurses.

3. Customer concern. All nurses should bear in mind that the patients are there because they have special needs and that they are the ones responsible in giving the patients those needs. Nurses show love and respect as if the patients are a close relative of theirs. Once the nurses start developing positive feelings towards their patients, the tendency is that they would treat them the way they deserve to be, and they will not be able to commit any misconduct.

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www.davidhorowitzpc.com – At the Manhattan law firm of David Horowitz, PC, serving New York and Northern and Central New Jersey, our personal injury attorney David Horowitz and his team are committed to protecting the rights of innocent victims. His firms practice areas include brain and spinal cord injury, workplace injury, medical malpractice, and auto and truck accidents. To learn more about Mr. Horowitz and his personal injury lawyer team, please visit www.davidhorowitzpc.com. YouTube Description: www.davidhorowitzpc.com – At the Manhattan law firm of David Horowitz, PC, serving New York and Northern and Central New Jersey, our personal injury attorney David Horowitz and his team are committed to protecting the rights of innocent victims. His firms practice areas include brain and spinal cord injury, workplace injury, medical malpractice, and auto and truck accidents. To learn more about Mr. Horowitz and his personal injury lawyer team, please visit http You may contact Mr. David Horowitz at: David Horowitz, PC 276 Fifth Avenue, Suite 405 New York, New York 10001 Phone: (866) 870-2904 Website: www.davidhorowitzpc.com

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In general, personal injury law can be separated in to two categories: negligent acts or intentional acts.  They may also be referred to as “torts” an old english term meaning “legal cause of action” for which an individual can seek compensation for through the legal system.

Negligent Acts

A negligent act occurs when one individual damages the person or property of another without any “intent” to injure.  This may occur due to the carelessness of the first individual.  For example, a driver who is careless, and causes an auto accident by failing to obey the traffic laws may be considered negligent and would be responsible for any damages caused to any person or property.

In order to prevail in a negligence action, the injured party needs to prove that the other party had a duty of reasonable care, did not maintain reasonable care, and that the failure to maintain such reasonable care resulted in injuries to the aggrieved party.  For example, referring to the auto accident mentioned above, all drivers have the duty to operate their vehicle safely.  If they fail to do so, and this failure injures any other person, or THEIR property, then they would meet all of the criteria to be held negligent and therefore accountable for and damages caused to the injured party.

The majority of negligent actions include slip and fall situations, motor vehicle accidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.

Intentional Actions or Torts

An intentional tort occurs when an individual intentionally acts to injure another or their property.  In most cases, is does not matter whether the party intended that an injury occur, only that he or she intended to commit the act which led to the injury.  In some states an intentional tort may also be defined as an act which a reasonable person knew or should have known would have led to an injury to a person or property.

Intentional torts include such acts as, kidnapping, assault, and spousal abuse.  In fact many intentional tort actions are brought as the result of the commission of a criminal act.

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Accounting malpractice happens when the accountant or any accounting professional becomes negligent of his duties. Professional institutes establish a list of standard of care that must be met to protect others from the risks of harm and deceit and when these legally established standards of care are not met, it can sometimes be considered negligence.

When filing a complaint concerning accounting malpractice, the plaintiff must be able to show that the negligent defendant was not able to meet the level of care that is common or customary in the accounting profession. An example is when an accountant is not able to file a client’s tax return on time.

In an accounting malpractice case, the plaintiff must understand and establish four key elements. The plaintiff must:

.Show that the accounting professional being sued had a clear responsibility to him

2. Prove that the accounting professional failed in that responsibility

3. Show that he was injured

4. Establish that the accounting professional’s failure was the primary cause of the injury (Answer the question “Was the failure of responsibility sufficiently enough for the injury to hold the accounting professional liable?”)

To guide them in the course of carrying out their duties properly and to avoid being held responsible for any malpractice, accounting professionals should follow professional standards. These include the following:

1. The Public Interest. More than the title, CPA (Certified Public Accountants) should accept the responsibility and act in a way that is best for the public interest, respect the public trust, and show commitment to professionalism.

2. Due Care. CPAs should undoubtedly comply with the state law, including their profession’s technical and ethical standards. They must demonstrate competence at all times, and aim to continuously improve the quality of their services, and discharge professional responsibility to the best of their abilities.

3. Objectivity. To maintain objectivity, CPAs should: (a) avoid performing professional services when there are actual or perceived conflicts of interest, and (b) be independent when making auditing or other accounting services.

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The Personal Injury Team is dedicated to fighting insurance companies both in and out of Court on behalf of injury victims and their families with one goal in mind, to maximize the cash value of each client’s case. The Personal Injury Team is nationally renowned for the legal services that we provide to our clients, in particular our representation of victims and families of catastrophic injuries. Our primary objective on each case is to obtain a maximum cash settlement or award. We have unique approach to handling cases in our office. We employ a team approach, each of our cases is assigned to a team of professionals for all pre-suit and court activities, rather than one lawyer as in most law firms. Because of our unique approach, we are able to maximize cash settlements and awards received by each of our clients.Visit www.ThePersonalInjuryTeam.com for more information regarding the exclusive services of the Law Offices of Attorney Robert K. Rainer. Contact us today, toll-free (866) 490-8464. Home and hospital visits available.

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Accident Fault is decided by the insurance company, not by the police officer that answered to the scene. Police officers police reports and statements are considered evidence, and they can “persuade” the insurance companies regarding fault.

If the police department does not determine fault, then who and how is this determined? Usually there are at least two parties or drivers involved in a car accident, and usually they have insurance. In this case, both insurance companies will handle the claim for their insureds. They would negotiation between each other and will settle for what they believe is it is fair.

Insurance companies must follow certain format to determine fault. They must look at the negligence of each driver and then attribute percentages of fault. The first step is a negligence analysis. Insurance adjusters must look at every driver’s duties, breaches, causation, and damages. All four elements must be met, and if one of them is missing, then that driver was not at fault. If all four exist, then the driver was at fault, but how much still needs to be decided.

To determine accident fault, insurance companies will look at the “driver duty”. Every person behind the wheel of a car assumes driver duties. It does not matter if you have a license or no, it does not matter if

you are an adult or a toddler. The law will place affirmative duties in every driver for purposes of accident fault. But exactly what duties are attributed to every driver? Usually they are “lookout, avoidance, and following the rules of the road”.

Look out is simply paying attention. Every driver must be attentive to what is going around him/her. So when the adjuster asks you “did you see them coming” your answer better be “yes”. If you do not see another vehicle and you had the visibility to do see them, then you will have probably

breach this duty.

Avoidance is exactly that. You must attempt to avoid the accident. The fact that another car is at fault, or has done something illegal does not give the driver license to hit them. For example, if a vehicle pulls

out of a stop sign, the driver approaching must try to avoid the accident. No evasive accident could be strong evidence of negligence against the vehicle that had the right of way.

Following the rules of the road is the obvious one for accident fault. You must be in full compliance with all the traffic laws that apply to the accident. The traffic laws are codified in all states in the state annotated code or the administrative code (the name changes per state). If you are speeding, you can be found some percentage at fault for the damages.

The next step in determining accident fault is breach. This means that the duties outlined about must have been “broken”. If you did not breach any duty, you cannot possibly be found at fault.

But the accident fault analysis does not stop there. The insurance adjuster must then show causation. Most insurance companies go over this step very fast. It is a very important element because it could causation

will amount as a defense to negligence. Causation is the relationship between the duty breached and the ultimate damages.

For example, let us assume that Driver is legally parked in a parking lot. Let us further assume that Driver is legally drunk in the driver’s seat and that the engine is running while someone pulls out of a parking stall and hits Driver’s car. Is Driver negligent? The answer for purposes accident fault is NO. The fact that Driver was drunk did not cause the accident. There was not casual connection between the fact that Driver

was dunk and that a vehicle came and hit his/her car while waiting. For more information about causation visit http://www.auto-insurance-claim-advice.com/Causation.html

The last step is damages. Damages must exist either as property damage or as a bodily injury. The important thing to remember is that all damages must be related to the duty breach. In other words, if you have back pain and a headache, the analysis explained above will be applied twice (one

time for the back pain and one time for the headache).

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Workers compensation laws are considered to be quite complex and in addition they are different in each state. If you are eligible for compensation, income or death benefits and you have not received what is due to you, you can easily approach a lawyer who specializes in workers compensation to help you with your workers compensation claim.

Most workers compensation claims are on account of disputed issues. Some of the most common workers compensation disputes with regard to healthcare are as follows:

Medical Fee Dispute

This workers compensation dispute arises when there is a disagreement over the amount of payment for the health care that was given to an injured patient. Many companies do not deem it necessary to pay for an injured worker’s health care as they feel that the treatment for the injury is too expensive and could have been done much cheaper.

Employee Reimbursement Dispute

Many times an employee ends up paying for healthcare services and when he puts up a claim for reimbursement, it is denied by the company. In this case, the employee can only ask for money that he actually paid the healthcare provider. If the company has a guideline that allows maximum allowable reimbursement then the company has to pay according to that. However, if there are no reimbursement guidelines then the company has to reimburse an amount that is fair and reasonable for the treatment taken.

However, if you are looking for further details on workers compensation, you should check with a lawyer who specializes in this field to give you more information and to tell what should be done in your specific case.

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