My Civil Advocate

Typically, cosmetic surgeries such as face-lifts, tummy tucks, breast augmentation, liposuction, and rhinoplasty, among other, are elective procedures aimed at enhancing one's appearance. In the eyes of the law, an error committed during cosmetic surgery is on a level equal to those that occur with other types of surgeries- in some cases rising to the level of medical negligence when a patient is harmed. To pursue a medical malpractice claim in a cosmetic surgery case, the following elements must come into play: The existence of a doctor-patient relationship. In some case of cosmetic surgery, the doctor-patient relationship is generally not in dispute. To have surgery performed, there is an implied relationship. A breach of the "medical standard of care," which is defined as the kind of care that similarly skilled cosmetic surgeon would have provided under comparable circumstances. Establishing the medical standard of care- and how it wasn't followed- will re...

The value of a personal injury case that goes to trial is determined by the jury. They are given evidence to evaluate and a list of items they may take into consideration before making their decision. When settling a case prior to trial, various factors play a role in establishing the worth of a case. A good personal injury attorney makes their evaluation based upon all the doctors reports, present and future medical bills, and a comprehensive discussion with your doctor. Information covered should include how invasive it is, the pain associated with, and the duration of treatment; future pain and discomfort; and loss of enjoyment of life. Employment considerations include lost wages and future lost wages. Insurance companies influence the landscape, too. They keep track of cases nationwide and can crunch the numbers. They know which doctors who over treat, whose bills can more easily be challenged at trial, and which doctors make poor or excellent witnesses. Insurance companies k...

Traumatic brain injuries (TBI) are responsible for the deaths of approximately 50,000 Americans each year and the hospitalizations of roughly 230,000 more. Many more victims go undiagnosed. Auto accidents are one of the leading causes of TBI. Most TBI's are closed head injuries, which means that trauma sets the brain in motion inside the skull. The brain gets slammed against the interior surface of the skull, resulting in contusions and swelling.  Trauma can also initiate rotational forces that twist and stretch the brain, which can damage axons. Brain neurons send messages via electrical impulses; axons are the carriers of these impulses. When axons are damaged, brain function is diminished.  A condition called diffuse axonal injury (DAI) occurs on a cellular level and leaves blood vessels and major brain structures intact. This type of damage cannot be detected by MRIs or CT scans, making DAI vastly under diagnosed and under treated.  Brain injuries are u...

Aspirin has been shown to reduce the risk of heart attack in people who have already had one. But what if healthy people took a daily aspirin to prevent heart issues to begin with? Aspirin is a powerful anti-inflammatory agent that helps reduce inflammation that can trigger a heart attack. Prior to 2014, many doctors recommended that those at higher risk for heart trouble - family history, high blood pressure, elevated cholesterol, diabetic, etc. - over age 50, and not at increased risk of bleeding begin taking a low dose of aspirin every day. However, in 2014 the Food and Drug Administration (FDA) deemed that preventative dosages of aspirin in otherwise healthy people produced more risk than reward. Aspirin can irritate stomach and intestinal tissues, which may lead to ulcers and intestinal bleeding. There was a push back from the American Heart Association (AHA) and U.S. Preventative Services Task Force (USPSTF), a government- appointed panel of health experts. Although agreein...

With warmer spring and summer temperatures not too far away, you're undoubtedly excited about he prospect of getting your motorcycle (if you own one!) on the road again. But before you do, please take a few minutes to review your current insurance policy to make sure that you have sufficient amounts of Uninsured Motorist (UIM) coverage. UIM coverage is insurance that protects you if you suffer injuries cause by a negligent driver who doesn't carry enough insurance to cover your claim. It goes without saying that riding a motorcycle can be dangerous - even for the most skilled and cautious riders. And, unfortunately, you cant control what other driver on the road are doing (or how much insurance coverage they have). If you happen to be involved in a motorcycle accident, there's a good chance that the other driver may not have sufficient insurance to over claims of people that they injure. Not only that, injuries form motorcycle accidents tend to be more severe than tho...