When do You Have a Good Personal Injury Case?

Daily a lot of people get in different types of accidents where personal injury takes place. If you are involved in an accident, there are a couple of things that make any personal injury case a good one. How do you know it? Let’s find out!

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If your injury is a result of someone else’s negligence, this is already a big benefit to your case. This means that the other party is more at fault than you. The concept of negligence means any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

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Medical Malpractice: Negligence that Can Cause Death

What is medical malpractice?

Medical News Today defines Medical Malpractice as a negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient.

It reports that one in every three hospitalized patients in the USA encounters a hospital error. The most common hospital errors are:

  • Giving the patient the wrong dosage
  • Giving the patient the wrong medication
  • Leaving things inside the patient’s body after surgery
  • Misdiagnosis
  • Operating on the wrong part of the body
  • Persistent back pain after surgery
  • Potentially fatal staph infections
  • Pressure ulcers (bedsores)

What are the medical malpractice statistics?

According to the recent article entitled “Medical Malpractice Basic Information” published by WorldLawDirect, hundreds of people die from medical malpractice.

  • 12,000 deaths/year from unnecessary surgery
  • 7,000 deaths/year from medication errors in hospitals
  • 20,000 deaths/year from other errors in hospitals
  • 80,000 deaths/year from infections in hospitals
  • 106,000 deaths/year from non-error, adverse effects of medication

The research has shown that there are between 15,000 and 19,000 malpractice suits against US doctors annually.

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$ 3.5 Million Award for Wrongful Termination

In a recent article posted on The Employment Law Group Blog entitled: Federal Jury Awards Whistleblower $3.5 Million in Alaska Retaliation Case, is reported that a federal jury awarded Paul Blakeslee $3.5 million because of the illicit activity of his former employer. As it was proved, Shaw Environment & Infrastructure Inc fired Paul Blakeslee for reporting suspicious dealings by a manager of the company’s maintenance work on Alaskan military bases.

According to Mr. Blakeslee’s lawyers, the verdict included $2.5 million in punitive damages becoming so one of the largest judicial decisions in an employment case in Alaska history. It also may happen that after supplemental awards by the court, the final value of the verdict will pass $4 million.

Shaw Environment & Infrastructure Inc is a Louisiana-based contractor for the U.S. Army. The jury came to the conclusion that Shaw Environment & Infrastructure Inc fired Paul Blakeslee for reporting that the other manager was billing the Army at inflated rates for equipment leased from his own company. Shaw Environment & Infrastructure Inc stated the firing was independent, but the jury called it retaliation and said it violated the False Claims Act.

The question of discrimination was also raised in the court. As Mr. Blakeslee was 71 at the time he was fired, the jury accused Shaw Environment & Infrastructure Inc of age discrimination against Paul Blakeslee.

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Muslim-American sues Disney for harassment and religious discrimination

According to a recent Yahoo News article written by Lisa Richwine, entitled: Ex-worker sues Disney; Says forbids Muslim head scarf, a 28-year old Muslim restaurant employee sued Walt Disney Co on Monday for harassment and religious discrimination. She said she was fired because she wanted to wear hijab — a Muslim head scarf at work.

Imane Boudlal worked as a hostess at the Storytellers Cafe, a restaurant inside Disney’s Grand California Hotel & Spa at Disneyland in Anaheim, California, according to a complaint filed in federal court.

After two years of work for Walt Disney and Co, Boudlal asked permission to wear hijab while at work. She offered to wear a scarf that matched the colors of her uniform or featured a Disney logo.

However, Disney managers denied her request. They said it would violate the company’s policy for how employees “look” while on the job. The policy also prohibits visible tattoos and fingernails that exceed a quarter of an inch.

So, Boudlal was given the choice of working in a back area which is away from customers or wearing a fedora-style hat on top of her hijab. Boudlal refused that and then she was fired.

Boudlal, a US citizen who was born in Morocco, complained that she was a subject to anti-Arab and anti-Muslim slurs. Her co-workers and supervisors used to call her “terrorist” and “camel”. According to Boudlal, she reported the incidents to the managers but they did not take any actions.

“Disneyland calls itself the happiest place on earth, but I faced harassment as soon as I started working there,” Boudlal said in a statement released by the American Civil Liberties Union of Southern California. “It only got worse when I decided to wear hijab.”

Disney said Boudlal had different options for a costume that would accommodate her religious beliefs. She was also offered four different jobs where she could wear hijab.

“Walt Disney Parks and Resorts has a history of accommodating religious requests from cast members of all faiths. Unfortunately, (Boudlal) has rejected all of our efforts and has since refused to come to work,” Disneyland Resort spokeswoman Suzi Brown said in a statement.

The lawsuit seeks punitive damages and an order that states Disney may not prohibit employees from wearing hijabs. It also asks that Disney be ordered to provide anti-harassment training for employees about Muslim issues.