Nursing home abuse

Many families rely on nursing homes to care for their elderly parents and relatives.  Most of the nursing homes provide appropriate care that enables elderly people to live their daily lives with dignity.  However, some nursing homes are either poorly staffed or fail to properly care for elderly people who really cannot care for themselves.  If you have a friend or family member that you feel has been improperly treated or abused at a nursing home, please contact our office for a free consultation.

Medical Malpractice

Medical malpractice has become a greater concern for doctors over the years. The age of lawsuits means that people are quick to sue for any wrongs they feel have been committed against them. While most doctors do everything they can to avoid being sued for malpractice, sometimes there is just nothing they can do. Even when they do everything right, something can still go wrong - and the doctor often takes the blame for these problems, whether they were responsible or not. Unfortunately, it is very simple for someone to bring a lawsuit against another person today, but on the bright side there is a complex process which rules out most frivolous suits.

The definition of medical malpractice is the deviation by a medical professional from the standards of the medical industry, thus causing injury or death to a patient. True medical malpractice is rare, but lawsuits for medical malpractice are not very rare. Successful malpractice suits must follow the definition of medical malpractice in that they prove that the doctor, through action or inaction, caused wrongful injury to a patient. Typically, this means that a practitioner grossly violated the standards set by the medical industry.

Because of the presence of medical malpractice lawsuits, medical professionals are required to maintain personal liability insurance to protect them and offset the costs of malpractice suits. However, in keeping with the definition of medical malpractice, the lawsuit must prove that the medical professional violated medical standards. This requires an expert to prove that there was a violation of standards. With medicine becoming more and more advanced, there are more things that can go wrong. This means that malpractice suits can take advantage of the legal aspects of medicine not being caught up with the practice.

As new medical practices continue to push the envelope, people will seek reasons to sue when things go wrong, but the definition of medical malpractice protects doctors from many lawsuits filed by people who are just looking to put the blame somewhere. Fortunately for doctors who are concerned about wrongful lawsuits, there has been a recent push to reform many of the torts which govern the medical industry. They are intended to eliminate lawsuits filed by people who, for whatever reason, feel they were wronged by their doctors.

There have been numerous high profile lawsuits against doctors who were said to have violated the definition of medical malpractice, but the fact is that these expensive lawsuits negatively impact the ability of the medical industry to offer quality care when they are brought about by people who are simply seeking money. With the new reforms that are being put into place, it is likely that frivolous lawsuits will begin to decline. As it is, they are on the rise and have been for quite some time. If something is not done to stop wrongful medical malpractice suits, the medical industry will continue to be inhibited in its ability to provide quality care at reasonable cost.

 If you or a friend or family member have been the victim of medical malpractice, please contact our office 407-644-3921 for a free consultation. or visit us at http://starkerlaw.com

Medical Malpractice and the Law

Medical malpractice cases can be big news, but these cases run the gamut from minor injuries to permanent injuries to death. What is medical malpractice? It's a mistake, often called medical negligence, made by a doctor, nurse, or other medical professional that results in a patient's injury. Doctors and medical facilities maintain malpractice insurance policies to pay for these mistakes, and patients can file lawsuits against the doctor and medical facility or hospital to receive money for the injuries.

The most obvious type of medical malpractice is a mistake made during surgery. This famously happened to comedian and former Saturday Night Live star, Dana Carvey. He had a blocked artery to his heart, but the surgeon ended up operating on the wrong artery. This meant that Carvey had to undergo a second surgery. In this high profile medical malpractice case, Carvey was awarded $7.5 million.

Other surgical mistakes could lead to infection, paralysis, accidentally cutting a vital organ, or leaving a foreign object inside the patient's body. Surgical mistakes are only one type of medical malpractice, however. These cases can involve any number of mistakes, such as:

Misdiagnosis - A doctor may inaccurately determine that a patient has one condition or disease when it is later discovered that the patient had a different condition or disease. If the real disease goes untreated, it can lead to injury or death. A misdiagnosis may also lead the doctor to prescribe the wrong medications or unnecessary surgery, which can cause injury to the patient.

Delayed diagnosis - In this case, the physician fails to determine that the patient has a serious illness such as cancer or heart disease. Obviously, if the person isn't treated because the doctor failed to recognize the illness, it could lead to injury or death. A delay can also occur if someone is forced to wait in an emergency room for too long, for example.

Anesthesia Mistakes - Anesthesiologists are responsible for the medication that causes a patient to sleep during a medical procedure. Since people can be sensitive to these medications, it's the responsibility of the anesthesiologist to review a patient's medical history to try to ensure that the anesthesia medication won't cause problems. If it does, the anesthesiologist and medical facility may be sued for the patient's injuries.

Prescriptions - Before prescribing medications, a doctor needs to know all other medications that a patient may be taking because it can be dangerous to mix them. It can also be dangerous to take some medications if the patient has a specific disease. For example, a particular heart medication may be dangerous for someone with Parkinson's Disease.

Childbirth - If medical personnel make mistakes during childbirth, the result can be death or permanent disabilities, such as brain damage in the baby.

Of course, these are just a few of the more common forms of medical malpractice. Dental malpractice and all sorts of other possibilities exist in the medical field.

What to Do If You Have Been Injured by Medical Malpractice

If you believe that you or a loved one has been injured by medical malpractice, the first thing you need to do is consult a lawyer. These kinds of cases can be very complicated, so it's absolutely necessary to have an experienced attorney working on your behalf.

Why are these cases so complicated? It can often be difficult to prove that the medical professionals acted negligently. All medical records have to be carefully examined to determine if malpractice really did take place. Did the doctor not perform his or her duties up to the standards expected of the profession? This can be likened to a driver who runs a red light or doesn't stop for a stop light.

It is also important to note that each state has what is called a "statute of limitations" on medical malpractice claims. So, you need to act quickly if you believe malpractice has taken place because after a period of time, you will no longer be allowed to file a lawsuit.

Most lawyers who work on medical malpractice cases don't require you to pay them a fee up front. They work on what is called a "contingency" basis, which means that they take a percentage of the total settlement you receive when the case is finished. The lawyer takes a certain risk here, so it's to the lawyer's advantage to only take cases that are likely to lead to a settlement that will be higher than the costs of the lawsuit. This means, first and foremost, that there must be what is called "causation."

Causation means that it must be provable that the injury occurred as a direct result of the medical professional's negligence. Most of the lawyers who handle medical malpractice cases have medical investigators to help them develop the evidence to prove that you or your loved one was indeed a victim of malpractice.

It's also to the lawyer's advantage to try to get you as much money as possible and to try to keep your case from going to court. This means that the lawyer will negotiate on your behalf with the lawyer for the malpractice insurance company, working to obtain a settlement for you. Experienced medical malpractice attorneys know what settlement amounts are reasonable to expect for different kinds of cases.

How long do medical malpractice lawsuits take to settle? This varies greatly and depends on a number of factors. The more complex the issues involved, of course, the longer it will probably take before a settlement will be reached.

The most important reason for filing a medical malpractice lawsuit is to receive the money you need for medical care related to the injury. If the injury is permanent, such as in the case of cerebral palsy or paralysis, the costs can be enormous and will last a lifetime. The injured person or the caretaker of the injured person may not be able to work for a period of time, so there may also be a loss of income - before the settlement and perhaps also in the future.

In addition, there may be money awarded for what is called "pain and suffering" and for "loss of consortium," which refers to a loss of benefits by the injured person's husband or wife. Punitive damages are also sometimes awarded, which is punishment when the negligence is extreme. Monies in the settlement that are for non-economic damages, such as pain and suffering, punitive damages, and loss of consortium, are restricted in some U.S. states.

Another reason for filing a medical malpractice suit, however, is to make sure that the medical professional isn't negligent with other patients. This doesn't mean that the doctor will be forced to stop practicing medicine, however. In most cases, the malpractice is considered to be an honest mistake. The negligence must be extreme for a doctor to lose his or her medical license, and the health department is the agency that must make that decision.

Law Office of Jeffrey D. Starker, P.A. Contact Us for a FREE case Review-407-644-3921. Visit Us at http://starkerlaw.com

Food Poisoning - Do You Have a Legal Claim?

Anyone who prepares food for others, especially those who do so on a commercial basis, has a duty of care to make and serve food that is both nutritionally acceptable, as well as considered to be fit for human consumption. Any food that is contaminated in anyway such as with glass or metal particles, or with vermin feces or parts, or food that has been poisoned or improperly stored or prepared is dangerous to the health of anyone who would consume it, and is classified as not fit for human consumption. Sometimes it is not as obvious as to why or how the food has become tainted so a review by a trained professional may be required in order to assign liability.

Failing to take certain precautions and uphold this duty could result in legal liability for those who suffer harm. This includes paying for medical expenses, a loss of income, pain and suffering, as well as any future medical bills associated with the illness, or permanent disabilities.

Victims of food poisoning do not have to prove that the person who served the food knew it was harmful, however if any employee knew of a potential problem and did not stop the food from being served, this information could prove quite helpful in a food poisoning lawsuit.

When to File a Legal Claim, and When Not To

Just because you got sick from eating food that came from a commercial establishment does not mean that you have grounds for a lawsuit, or that you should file a lawsuit. If for example, you have experienced a day or two of intestinal or stomach problems that left you a bit dehydrated, but no worse for wear, you do not really have a viable claim. Even if you still wanted to file such a claim, the benefit would not outweigh the costs, and most attorneys would not feel as though the potential damages recouped would be worthwhile.

For the most part, the majority of food poisoning cases resolve on their own, without medical intervention in a matter of a couple of days. These types of cases, if you must pursue them, could be filed in a small claims court, to seek minimal damages. That being said, if you have been severely poisoned, resulting in hospital bills, a loss of income for a month or more, permanent health problems such as muscle or nerve damage, or even a death has resulted, you have grounds for a much more serious legal claim.

Actions to Take if Food Poisoning is Suspected

If you suspect that you have been poisoned by eating food at a commercial outlet, the first thing you should do is seek medical attention. For the most part, symptoms that appear within a short period of time after eating the food are indicative of food poisoning. While it may be difficult because the restaurant will not save it for you, you should try to preserve some of the food if possible for use as evidence later. If it is found that the food poisoning is more serious in nature, the victim or his or her family or friends should contact a personal injury attorney who specializes in food poisoning as soon as possible. These professionals know how to secure evidence that will be needed at a later date, as well as obtain statements from witnesses and employees right away, before memories fade over time.

If you suspect food poisoning almost immediately after consuming the food, or even while still at the commercial outlet, you may want to talk to the employees yourself to find out if they knew about the issue, or have had other similar problems. You may be surprised by how much information you can obtain in this fashion. This type of information can help a great deal should you end up pursuing a legal claim. Not only that, anyone who was served the same food should write down exactly what they ate, as it will be important down the road and they may not remember later on. This helps to establish a strong case for the source of the contaminated food.

What to Do If You Experience Food Poisoning on Vacation

Should you fall ill while eating food on vacation, look for a personal injury attorney locally; do not wait until you are home. If you fall ill while on a cruise ship or at a resort, it is not likely that the staff or management will admit fault, and they will claim you are ill for another reason. That being said, if a large number of people on the same ship or at the same resort fall ill, then it is quite obvious the food is to blame. If the extent of the illness is not severe, a free trip, or free meals may be issued for compensation. There are no laws governing how much compensation should be given, however.

When to Hire an Attorney

If your case of food poisoning exceeds a small amount that would be handled in a small claims court, it is wise to contact a personal injury attorney who specializes in this area of the law. Since a restaurant's livelihood is based upon their reputation, do not expect an admission of guilt easily. This is where an attorney can come in quite handy. He or she is skilled in documentation and investigation into these types of claims and can easily obtain required information.

If you or someone you know has suffered because of food poisoning and you suspect negligence has occurred, it is best not to wait to contact a personal injury attorney. More than likely you may be entitled to receive damages for medical bills, pain and suffering, and even loss of income. Most personal injury attorneys work on a contingency basis, which means you have nothing to pay upfront, until the time your case is settled. You should not hesitate to take the proper steps to seek the justice you deserve. You are not only protecting yourself, but also the health of others.

If you or a friend or family member feel that you have been the victim of food poisoning, please contact Law Office of Jeffrey D. Starker, P.A. for a free consultation.

When You Need a Product Liability Attorney

Each year, thousands are injured or die from faulty products manufactured both here and abroad, or from the long-term effects of products known to cause health problems. When death or injury occur, it is necessary to hire a Product Liability Attorney. Drug companies, who now advertise to the masses with mega-million dollar advertising campaigns, attach long lists of potential side effects and potential health risks to their products. Sometimes, the lists are longer than the ad copy itself. Why? They are warning you. Warning because that despite the good their product can do, they know bad things could happen to you. They are covering their legal bases and trying to protect themselves from lawsuits.

Product Liability claims are generally based on one of these three issues: negligence, breach of warranty or strict liability. The term "Product Liability" refers to the liability of manufacturers, and any or all parties associated with that chain of manufacture for damages caused by the product they produce. This definition is broad in scope, but the actual liability of manufacturers can scroll down to the minutest detail of a product that causes it to be dangerous. Product liability cases are generally based on three concepts:

- a defect in design,

- a defect in the manufacturing process,

- the failure to warn of potential for danger.

These concepts assume that the manufacturer has carefully considered the potential and foreseeable dangers inherent in his product's design. So most claims of Product Liability are not based on negligence, but on a concept called 'strict liability'. Strict liability theory asserts that a manufacturer can be held responsible whether or not he/she acted negligently, because it presupposes that the well-off manufacturer is in a better position to assume the costs of liability than the victim and the manufacturer builds the cost of such liability into the price of his product. California was the first state to assert this theory in 1963 when it stopped requiring victims to prove negligence and allowed for compensation for Product Liability through strict liability. Strict liability theory is rarely applied to anything but manufacturing defect. It rarely includes bad designs or failure to warn. An expert Product Liability Attorney can untangle these issues for you if you feel you've been the victim of Product Liability.

For example, in Virginia a man was using an industrial nozzle and hose to wash down some machinery. The defective nozzle exploded in his face, inflicting catastrophic facial, eye and traumatic Brain Injuries. The manufacturer in China was found to be negligent and strictly liable in its manufacturing of the nozzle. One wall of the nozzle was doubly thick and the other side only a few hair-widths wide. Examination of other similar nozzles found many more examples of such a defect. The Product Liability Attorney recovered $4 million for his injured client.

"Breech of Warranty" claims in Product Liability can cover a broad range of problems. If, for instance, in advertising or marketing a product, the manufacturer makes claims that are not only untrue, they pose a danger to the user, they can be held in breech of warranty. Let's say the manufacturer of a chain saw claims that it's great for cutting turkeys. That also implies it might be useful for cutting other, non-tree limb objects. The company has given instruction on what is a reasonable expectation of the product. But when Sam Dolt uses the chain saw to carve his Thanksgiving turkey and impress his friends, the turkey not only flies off the table injuring his guests, the chain saw jumps off the metal carving plate and hits Sam in the shoulder injuring him, too, who is at fault? Sam, because he was an idiot for carving a turkey with a chain saw? Or the chain saw manufacturer for suggesting it was a good idea. Sam's Product Liability Attorney argued that under breech of warranty theory, the manufacturer is liable because he expressly stated in his marketing campaign that this was one of the product's possible uses. Sam, who does not need to prove negligence, would likely win this case.

Claims of "Failure to Warn" are often considered to be based on negligence. First, manufacturers owe a duty to the consumer to warn of potential problems. If they shirk that duty, then they are negligent. Secondly, if there is an injury and the breech of duty caused that injury, they are negligent. This is why you see little warning labels stuck to electric hair dryers that warn against using near water. The manufacturer can rightly assume that you will be using this dryer in the bathroom (where water is plentiful) and it is their duty to warn you of that potential and foreseeable danger. If they breeched that duty, that would constitute negligence on their part.

If you live in in the state of Florida and feel you have been injured because of product liability, contact an expert Product Liability Attorney in Orlando, Florida. It is important to take this crucial step as soon as possible. There is a time limit on filing Product Liability claims.

Jeffrey D. Starker, P.A. is an expert Product Liability Attorney in Orlando, Florida. If you have any questions about an accident or insurance case, please do not hesitate to contact our office for a free consultation.

Personal Injury Law Practice Areas
When another driver collides with your vehicle or causes an accident, that driver is responsible for the damages you sustain, whether it is property damage, personal injury, or consequential damages such as loss of work, medical expenses,etc.However, when the insurance company with their adjusters and lawyers get involved, it can be difficult to get what you are entitled. You will need to prove your case and be prepared to put on a jury trial, if the insurance company is being unreasonable. That is the only way to get fair treatment for you and your claim. But, the adjuster knows that you are not going to put on a jury trial, so it is tough to get a reasonable offer without the assistance of an aggressive and experienced personal injury attorney.So, if you have been injured in an car accident, call the Starkerlaw Office for a free consultation and case evaluation or visit us http://starkerlaw.com/

Motocycle Accidents

We have come to believe that there is no such thing as a minor motorcycle accident. If you are involved in a motorcycle accident, you will probably be seriously hurt and will need to be taken to the hospital.If you or a friend or family member has been injured in a motorcycle accident, please contact our office for a free consultation. starkerlaw.com

Trucking Accident

Mr. Starker has handled many trucking accident cases over the years. If you or a friend or family member has been injured in a trucking accident, please contact our office for a free consultation. visit starkerlaw.com for more information...

WELCOME TO OUR LAW FIRM
Jeffrey D. Starker, Esq., has been an insurance and injury lawyer in Orlando, Florida, for over 15 years. Mr. Starker formerly represented insurance companies, and he currently represents people that have been injured in car accidents, motorcycle accidents, trucking accidents, and many other accidents.

Medical Malpractice Tips for Victims From Attorney In Orlando

What is medical malpractice and what should a victim do when it happens?
Medical malpractice occurs when a medical provider commits an error that is below the acceptable and appropriate standard of care, and the error causes injury or death to the patient.
Medical malpractice can be ordinary negligence, which is the failure to use reasonable care, or it can be reckless or intentional misconduct.
If you or a family member or friend are the victim of medical malpractice, read on to learn more about it here.

Common circumstances where medical malpractice occurs:

Medical malpractice may happen in different ways such as through a wrongful diagnosis or treatment, substandard care, neglectful prescription of medication, and failure to obtain informed consent before performing a medical procedure. Common circumstances also include –

• Injury or death from overdoses/prescription drugs.
• Birth injuries.
• Prognosis misdiagnosis.
• Anesthesia malpractices.
• Surgical negligence.
• Blood contamination.

Medical Malpractice In Orlando And United States

Medical mistakes are fairly common in the state of Florida, especially Orlando and all over United States.
Knowing what steps to take if you suddenly do not feel well after a surgery or medical procedure is extremely beneficial. Knowing a bit about the medical malpractice law in your state will also be helpful.

Orlando Medical malpractice law:

Medical malpractice law and a malpractice compensation claim aim to provide financial compensation      to victims of medical malpractice.
In addition, medical malpractice law also aims to deter and penalize the acts of medical malpractice or negligence by hospitals, medical practitioners, and medical authorities.
If you feel like you or a loved one has been a victim of medical malpractice, look into your options to be able to fight for your rights and right the wrong.

Steps To Take When You Are A Victim Of 
Medical Malpractice In Orlando:

When looking to file a medical malpractice claim, look for an experienced lawyer to help you out.
In Florida, medical malpractice claims are complex.
For instance, you are required to notify the alleged wrongdoer in writing and are required to perform a series of steps before you are allowed to file a lawsuit.
There are also statute of limitations issues.
An experienced lawyer will be able to protect your rights, fight for your rights, as well as get you the compensation you deserve.
Although filing for a malpractice case against the wrongdoers might not undo the damage caused by the negligent act, it may help to ease the financial burdens caused by the malpractice and give you a sense of justice.

Other Steps You Should Look Into If You Are 
A Victim Of Medical Malpractice IN Orlando:

• Consult with an expert doctor. When not feeling well after a procedure, consult a doctor from a different facility to find out if what you are feeling was caused by the procedure that was performed at the original facility.
• Look into the background and history of the medical practitioner or hospital. Check to see if there are similar cases filed against them.
• Know more about your health status while studying the outcome of lawsuits like yours.
• Looking for an expert lawyer to help you with legalities will be essential.

Medical malpractice suits will always be a hard battle to fight. But with the help of expert lawyers, your fight will be a lot easier and less stressful. Look into experts and professionals to help you win your case.
Jeffrey D. Starker, Esq., has been an insurance and injury lawyer in Orlando, Florida, for over 15 years.  Mr. Starker formerly represented insurance companies, and he currently represents people that have been injured in car accidents, motorcycle accidents, trucking accidents, and many other accidents.