Medical Malpractice: Negligence or Accident?
Malpractice suit is a special type of tort. A tort is a civil law that permits
an injured party to sue for compensation for damages caused by the harmful conduct of another person. One specific example of this is when a driver fails to exercise due care while operating an automobile that will cause an injury to others.
In the film, Malpractice (2001) by Micky Dolenz, Bette Garett is a lawyer turned to be a private investigator when her husband, Ken Garret a doctor holds to be the prime suspect responsible for a death of a patient. Will you think that it is an accident or a complete negligence? In the long run of the story it has been found out that her husband is guilty of a medical malpractice suit because of panic attacks during operations.
Medical malpractice is the most common malpractice suit not to mention intriguing. The involvement of a physician’s negligence while diagnosing or treating a patient is not a minor issue. The fact that a person finished a degree enough to be called a physician, he/she must in all times be aware and attentive to what is happening to his/her patients.
MEDICAL MALPRACTICE SUIT CLAIMS
- The plaintiff is the patient or a legally designated party acting on behalf of the patient
- The defendant is the health care provider or the physician
- The Physician’s failure to perform appropriate medical tests to patients ( surgery, operations) can lead to a malpractice suit claims;
- Surgical errors because of negligence;
- Declining to treat a fatally injured patient ( for worst case scenarios); and
- Prescribing a patient with a wrong medication
Like all other tort cases, the plaintiff or their “attorney”(personal injury lawyer who specializes in malpractice) files a lawsuit in a court with appropriate jurisdiction. Between the filing of suit and the trial, the parties (defendant and plaintiff) are required to share information.
THE TRIAL
At medical malpractice suit trial, both parties will usually present experts to testify as to the standard of care required, and other technical issues. The fact-finder (judge or jury) must then weigh all the evidence and determine which side is the most credible.
Thinking about Name Changing
It was a lazy Saturday morning when I decided to clean my room. I decided that it is more comforting than watching the television and caught sight more of the dreadful news happened in Japan. Furthermore, cleaning my room is more comforting than internet browsing because every site that I surfed gives updates about the enormous tsunami not to mention the earthquake. It was really heartbreaking that I couldn’t bear it. All I could do is hope for the better and be positive that everything’s going to be alright SOON.
I find myself packing the things that weren’t useful. As I was segregating the things that I could and couldn’t make use of, I found this college yearbook. Skimming every page makes me reminisce the moments of college. It was a good vibes.
Suddenly I found a bookmark being clipped in one of the yearbook’s pages. I take a look at it and then I saw this girl whom had a remark on her profile “name change”. It was the girl whom I met in the registrar’s office while I was requesting for my clearance to be signed up. From what I’ve overheard she wanted to change her name. So the registrar personnel gave her a form. I don’t know what is it all about at that time but I’m pretty sure that it would not be that easy.
Name changing is under a court order which is associated in the administrative law in the United States. It undergoes a legal procedure whatever the reason a person may have, the law will still require them to follow legal jurisdictions.
The Administrative Law
In its most common definition, administrative law belongs to the public law. It is the body of law that governs the activities of administrative agencies of the government. These include rulemaking, adjudication or the enforcement of a specific regulatory agenda.
Name changing
Depending on which state do you live in to it will slightly vary. In the United States, anyone can and has the right to change their name through the common law or perhaps court procedure. As long as there is no fraudulent intention involved it can be legally recognized.
Furthermore, those countries that follow the civil law have specialized courts (administrative courts) that review these decisions. It is the function of administrative law to set forth the extent of this power, the limitations on it, and its applications to private individuals and groups. The law is basically concerned with whether proper standards are applied by administrative agencies (administrative law procedure) in exercising their powers and in making and enforcing regulations.
Legal Procedure in Name Changing
1. Filing of an application in the civil court with its nominal fee is required.
2. Applicant should have a valid explanation for desiring name change.
3. To obtain a legal name change prepare your legal birth certificate.
4. Prepared to start contacting the proper government office or official for where your country reside
5. In the United States, marriage, adoption and citizenship are examples of situations for an opportunity of a legal name change for its legality purposes.
However, if an agency does not apply the proper standards, its failure may be redressed by application to the courts. Hmmnnn.. I wonder what happened to that schoolmate of mine and if I would have my name change what should it be? Interesting.