Don’t Be a Victim of Dental Negligence: A Patient’s Checklist

Dental care is an essential part of overall health, yet many people approach dental visits with a degree of blind trust. While most dentists are highly trained professionals committed to providing excellent care, dental negligence can and does occur—often with lasting consequences for patients. From botched procedures to misdiagnosed infections, the impact can be painful, costly, and emotionally distressing. That’s why it’s critical to be an informed patient.

This article offers a comprehensive checklist to help you avoid becoming a victim of dental negligence and ensure you’re working with a competent, trustworthy dental professional. Whether you’re booking a routine cleaning or considering advanced procedures like All-on-4 implants, taking a few precautionary steps can make all the difference.

What Is Dental Negligence?

Dental negligence occurs when a dental professional fails to meet the accepted standard of care, resulting in harm to the patient. This may involve:

  • Misdiagnosing or failing to diagnose a condition
  • Performing an incorrect or unnecessary procedure
  • Poor hygiene or sterilization practices
  • Inadequate post-operative care
  • Causing nerve damage, infections, or unnecessary tooth loss

In such cases, patients may be eligible for dental negligence compensation, depending on the severity of the injury and the circumstances surrounding the treatment.

Why It Matters: The Rise in Complex Dental Procedures

Today, more patients are undergoing complex and high-cost treatments such as cosmetic enhancements, orthodontics, and full-arch restorations like All-on-4 implants. These procedures require a higher level of expertise and carry a greater risk if performed incorrectly.

If you’re considering this kind of treatment, it’s smart to consult All-on-4 patient reviews to check a dentist’s reputation and track record. These reviews often reveal real-world insights about surgical outcomes, patient satisfaction, recovery time, and overall professionalism.

A Patient’s Checklist to Avoid Dental Negligence

1. Research Credentials and Experience

Before trusting anyone with your oral health, take the time to verify their qualifications. Are they registered with a recognized dental association? How many years have they been practicing? If you’re looking into advanced procedures like All-on-4 implants, ask how many of these surgeries they’ve performed and request before-and-after photos.

2. Read Independent Reviews and Testimonials

While testimonials on a dental clinic’s website are helpful, third-party review platforms offer a less filtered view. Look specifically for All-on-4 patient reviews to understand how the dentist handles complex procedures. Red flags include recurring complaints about pain, poor results, or lack of follow-up care.

3. Ask for a Comprehensive Treatment Plan

A reputable dentist will always provide a detailed treatment plan, including the diagnosis, treatment options, costs, risks, and expected outcomes. Avoid practitioners who rush you into procedures without adequate explanation.

4. Evaluate Communication and Professionalism

Your dentist should listen attentively, answer questions clearly, and make you feel comfortable. Poor communication is not just a customer service issue—it can lead to misunderstandings, mistakes, and eventually, negligence.

5. Get a Second Opinion

When facing a major procedure or an expensive recommendation, it’s completely acceptable—and often wise—to seek a second opinion. This can confirm whether the proposed treatment is appropriate and necessary.

6. Confirm Safety and Hygiene Standards

Observe the clinic’s cleanliness. Tools should be sealed or freshly sterilized, and staff should wear gloves and masks. Poor hygiene can lead to infections or other serious complications.

7. Check Insurance and Legal Protections

Make sure your dentist is fully insured. If things go wrong, knowing your rights around dental negligence compensation is essential. Keep all records of communication, treatment plans, and receipts—they may be crucial if you need to pursue a claim.

8. Know the Warning Signs of Negligence

After your treatment, be alert for:

  • Unexplained or prolonged pain
  • Swelling or signs of infection
  • Difficulty chewing or speaking
  • Aesthetic issues that weren’t addressed

If you experience any of these symptoms, consult another dental professional promptly. Early intervention can sometimes reverse damage and provide critical documentation if you decide to pursue compensation.

What to Do If You Suspect Dental Negligence

If you believe you’ve been a victim of dental negligence, take the following steps:

1. Document everything – including symptoms, correspondence, and financial records.
2. Seek medical attention – get a professional assessment from another dentist or specialist.
3. Consult a legal expert – especially one who specializes in dental negligence compensation claims. Many offer free initial consultations.

Legal time limits often apply to filing a claim, so don’t delay if you suspect malpractice.

Your oral health deserves the same level of care and attention you’d expect from any medical provider. By following this checklist, you can reduce your risk of falling victim to dental negligence and make informed decisions—particularly for high-stakes procedures like All-on-4 implants. Remember to rely on All-on-4 patient reviews, be proactive in your research, and never hesitate to speak up if something feels off.

Dental treatment should leave you smiling—physically and emotionally. With the right knowledge and caution, you can protect yourself and receive the care you truly deserve.

The Legal Process of a Dental Lawsuit: What to Expect

Dental lawsuits are more common than many people realize. Whether due to miscommunication, negligence, or outright malpractice, patients sometimes find themselves considering legal action against their dental care providers. Understanding the legal process of a dental lawsuit can help patients navigate this challenging situation more effectively. This article outlines the key steps in a dental lawsuit and what to expect at each stage.

Understanding Dental Malpractice

Dental malpractice occurs when a dentist fails to provide the standard of care that a reasonable dentist would offer under similar circumstances, resulting in harm to the patient. Examples of dental malpractice include misdiagnosis, delayed diagnosis, unnecessary procedures, and errors during surgery or other treatments.

Before filing a lawsuit, it’s important to determine whether the harm experienced is due to malpractice or an unfortunate outcome of a procedure. Consulting with trusted dentists for a second opinion can provide clarity and support your case.

Initial Consultation with an Attorney

The first step in pursuing a dental lawsuit is consulting with a qualified attorney who specializes in medical or dental malpractice. During the initial consultation, the attorney will review the details of your case, including medical records, treatment history, and any evidence of negligence. It’s crucial to provide as much information as possible to help the attorney assess the viability of your case.

The attorney will explain the legal process, potential outcomes, and the likelihood of success. They will also discuss their fee structure, which is often based on a contingency fee agreement—meaning they only get paid if you win the case.

Filing the Complaint

If the attorney determines that you have a strong case, the next step is to file a formal complaint against the dentist. This legal document outlines the allegations of malpractice, the facts of the case, and the damages you are seeking. The complaint must be filed within the statute of limitations, which varies by state but typically ranges from one to three years from the date of the incident or when the injury was discovered.

Pre-Trial Procedures

Once the complaint is filed, the pre-trial phase begins. This stage involves several steps:

1. Discovery

Discovery is the process where both parties exchange information and gather evidence. This can include written questions (interrogatories), requests for documents, and depositions (sworn statements taken out of court). The goal of discovery is to build a comprehensive understanding of the case and prepare for trial.

2. Expert Witnesses

Expert witnesses play a crucial role in dental malpractice cases. These are typically experienced and trusted dentists who can provide an unbiased opinion on the standard of care and whether it was breached. Your attorney will work with these experts to strengthen your case and counter the defense’s arguments.

3. Settlement Negotiations

Many dental malpractice cases are settled out of court to avoid the time and expense of a trial. Settlement negotiations can occur at any stage of the legal process. Your attorney will negotiate with the defense to reach a fair settlement that compensates you for your injuries, medical expenses, lost wages, and other damages.

Preparing for Trial

If a settlement cannot be reached, the case will proceed to trial. Preparing for trial involves several key steps:

1. Finalizing Evidence

Your attorney will review all the evidence gathered during discovery and organize it for presentation in court. This includes medical records, expert witness testimonies, and any other relevant documentation.

2. Developing a Trial Strategy

A solid trial strategy is essential for presenting your case effectively. Your attorney will develop a compelling narrative, prepare witnesses for testimony, and anticipate the defense’s arguments.

3. Jury Selection

In cases that go to trial, a jury is often selected to hear the case and determine the outcome. Both the plaintiff’s and defendant’s attorneys participate in jury selection to ensure a fair and impartial panel.

The Trial

During the trial, both sides present their evidence and arguments to the jury. The process typically involves:

1. Opening Statements

Each attorney gives an opening statement, outlining their case and what they intend to prove.

2. Presentation of Evidence

The plaintiff presents their evidence first, followed by the defense. This includes witness testimonies, expert opinions, and physical evidence.

3. Cross-Examination

Both sides have the opportunity to cross-examine witnesses to challenge their credibility and the validity of their statements.

4. Closing Arguments

After all evidence is presented, each attorney gives a closing argument, summarizing their case and urging the jury to decide in their favor.

5. Jury Deliberation and Verdict

The jury deliberates and reaches a verdict based on the evidence presented. If the jury finds in favor of the plaintiff, they will determine the amount of compensation to be awarded.

Post-Trial Procedures

If the verdict is in your favor, the court will issue a judgment, and the defendant will be required to pay the awarded damages. However, the defendant may appeal the decision, which can prolong the legal process.

Dentist Education Module and Prevention

While dental lawsuits are sometimes necessary to seek justice, prevention is always preferable. Dentist education modules focusing on best practices, patient communication, and risk management can help prevent malpractice incidents. Trusted dentists who stay informed and adhere to these guidelines are less likely to face legal challenges and more likely to provide high-quality care to their patients.

The legal process of a dental lawsuit can be complex and challenging. Understanding the steps involved and working with experienced professionals can help you navigate this process and achieve a fair outcome.

What Is Dental Malpractice?

Welcome to our blog! Today, we are diving into the world of dental malpractice. It’s essential for both patients and practitioners to understand what dental malpractice is and how it can impact your oral health. In this article, we will explore examples of dental malpractice, common causes, how to prove it in a legal context if necessary, steps you should take if you suspect malpractice has occurred, and valuable tips for avoiding such situations altogether. So let’s protect and promote your dental practice by delving into the realm of dental malpractice together!

Examples of Dental Malpractice

1. Failure to diagnose oral conditions: Imagine visiting your dentist with persistent tooth pain, only to be told it’s nothing serious. Later, you discover that you have a severe infection that could have been prevented if diagnosed earlier. This failure to recognize and treat oral conditions promptly can lead to unnecessary pain and complications.

2. Surgical errors: Oral surgeries require skill and precision. However, mistakes can happen during procedures such as dental implants or root canal treatments. These errors may result in nerve damage, infections, or even the loss of adjacent teeth.

3. Improper administration of anesthesia: Anesthesia is commonly used in dentistry for various procedures like extractions or root canals. However, if administered improperly or without proper monitoring, patients may suffer adverse effects such as allergic reactions, respiratory problems, or even life-threatening complications.

4. Negligence leading to permanent damage: Dentists are responsible for providing adequate care and treatment plans tailored to each patient’s needs. If a dentist fails to do so and this negligence results in permanent damage like tooth loss or misalignment due to improper orthodontic treatment, it could be considered dental malpractice.

5. Infection control breaches: Proper infection control protocols are crucial for maintaining a safe environment within dental practices. Failure to follow these guidelines can lead to the spread of infections such as hepatitis B/C or HIV among patients due to contaminated instruments or poor sterilization practices.

6. Consent violations: Patients have the right to make informed decisions about their dental treatments after understanding all potential risks involved. If a dentist proceeds with treatment without obtaining proper consent from the patient – failing to explain alternative options or potential complications – it can be deemed as dental malpractice.

Remember that these examples serve only as illustrations of potential scenarios; each case is unique when considering whether an incident constitutes dental malpractice.

Common Causes of Dental Malpractice

When you visit a dental professional, you trust that they will provide the highest standard of care. While no one wants to think about a visit to the dentist going wrong, unfortunately, dental emergencies can happen anytime. However, dental malpractice can occur due to various reasons. Let’s take a closer look at some common causes of dental malpractice.

1. Misdiagnosis: One common cause is when a dentist fails to accurately diagnose or detect oral health issues such as cavities, gum disease, or even oral cancer. A misdiagnosis can lead to delayed treatment and further complications.

2. Surgical Errors: During procedures like tooth extractions or root canals, mistakes can happen. These errors may include damaging nearby nerves or tissues, improper administration of anesthesia leading to pain and discomfort for the patient.

3. Medication Errors: Dentists may prescribe medications like antibiotics or painkillers to manage oral health conditions. However, errors in prescribing the wrong dosage or medication altogether can have serious consequences on the patient’s overall health.

4. Inadequate Communication: Poor communication between dentists and patients regarding treatment options, risks involved, and proper post-operative care instructions could also be considered a form of negligence.

5. Lack of Informed Consent: Before any procedure is performed, dentists should obtain informed consent from their patients by explaining all potential risks and alternatives available. Failure to do so may result in legal action if an unexpected outcome occurs.

It is important for both dentists and patients alike to be aware of these common causes of dental malpractice in order to prevent them from happening.

How to Prove Dental Malpractice

Proving dental malpractice can be a complex process, but it is crucial in seeking justice and compensation for any harm caused. To successfully prove dental malpractice, several key elements must be established.

It’s essential to demonstrate that there was a dentist-patient relationship. This means showing that you entered into an agreement with the dentist for their professional services.

It’s important to establish that the dentist breached the standard of care. This involves demonstrating that the dentist failed to provide treatment at the level expected of a competent professional within their field.

To support your claim, gathering evidence is crucial. This may include medical records, x-rays, photographs, testimonies from expert witnesses or other relevant documentation.

Furthermore, proving causation is essential. You must show how the negligence or misconduct of the dentist directly resulted in your injuries or harm suffered.

It’s necessary to demonstrate damages – both economic and non-economic. Economic damages refer to measurable financial losses such as medical expenses and lost wages. Non-economic damages encompass pain and suffering endured as a result of the dental malpractice.

Proving dental malpractice requires meticulous attention to detail and strong supporting evidence. Consulting with an experienced attorney specializing in dental malpractice cases can greatly assist you throughout this challenging process.

Steps to Take if You Suspect Dental Malpractice

If you have a suspicion that you’ve experienced dental malpractice, it’s important to take action promptly. Here are some steps you can take:

1. Collect Evidence: Start by gathering all relevant documents and records related to your dental treatment. This includes dental bills, X-rays, medical notes, and any other evidence that supports your claim.

2. Consult with Another Dentist: Schedule an appointment with another dentist for a second opinion. They can assess your situation and provide their professional perspective on whether there was negligence or malpractice involved in your treatment.

3. Seek Legal Advice: If the second opinion confirms your suspicions of dental malpractice, it may be necessary to consult with a lawyer specializing in medical/dental malpractice cases. They can guide you through the legal process and help protect your rights.

4. Document Everything: Keep detailed records of all conversations, appointments, and interactions related to your potential case of dental malpractice. This will be crucial as evidence if you decide to pursue legal action.

5. File a Complaint: Contact the state board or licensing agency responsible for overseeing dentists in your area to file a formal complaint against the dentist involved in the alleged malpractice incident.

Remember, time is of the essence when dealing with potential cases of dental malpractice! Taking prompt action can help protect both your oral health and legal rights.

Tips for Avoiding Dental Malpractice

While dental malpractice can have serious consequences, there are steps you can take to protect yourself and your dental practice. Here are some important tips to keep in mind:

1. Maintain Clear Communication: Effective communication with your patients is key. Take the time to listen to their concerns, answer their questions, and explain any procedures or treatments thoroughly.

2. Stay Informed and Up-to-Date: The field of dentistry is constantly evolving, so it’s crucial to stay current on the latest research, techniques, and technology. Continuing education courses and professional development opportunities can help ensure that you provide the best quality care.

3. Document Everything: Proper documentation is essential in case of any disputes or allegations of malpractice. Keep detailed records of patient visits, treatment plans, informed consent forms, discussions with patients about potential risks or complications, etc.

4. Follow Standard Protocols: Adhere to established guidelines and protocols in all aspects of your practice – from infection control measures to proper billing practices – ensuring that you provide consistent and safe care for your patients.

5. Obtain Informed Consent: Before performing any procedure or treatment plan, obtain informed consent from your patients after explaining the potential risks involved as well as alternative options available.

6. Seek Second Opinions if Necessary: If you encounter a complex case or find yourself unsure about a diagnosis or treatment plan, don’t hesitate to consult with another reputable dentist for a second opinion.

7. Invest in Professional Liability Insurance: Protect yourself by obtaining professional liability insurance specifically tailored for dental professionals. This coverage can help mitigate financial losses resulting from malpractice claims.

8. Regularly Review Your Practice Policies: Regularly review your practice policies regarding patient safety protocols, documentation practices, and staff training. This helps identify areas that need improvement and ensures compliance with industry standards.

By following these tips diligently, you will not only minimize the risk of dental malpractice but also protect and promote the reputation of your dental practice.

Cosmetic Dentistry Claims – How Much Compensation Could I Get?

Welcome to our blog post on cosmetic dentistry claims! If you’ve ever undergone a cosmetic dentistry procedure and experienced unsatisfactory results or suffered from dental negligence, this article is for you. We understand the importance of having a beautiful smile and how it can impact your confidence and overall well-being. However, when things go wrong with cosmetic dentistry treatments, it can be not only disheartening but also potentially harmful to your oral health. In this blog post, we will explore what cosmetic dentistry entails, the different types of procedures available, and most importantly, how much compensation you could potentially receive for a cosmetic dentistry claim. So let’s dive in and uncover everything you need to know about seeking justice for substandard dental work or negligent treatment!

What is Cosmetic Dentistry?

Cosmetic dentistry is a specialized branch of dentistry focusing on improving the aesthetics and appearance of your smile. Unlike traditional dental procedures that primarily focus on oral health, cosmetic dentistry aims to enhance the overall look of your teeth, gums, and bite alignment. It involves various treatments, ranging from simple whitening procedures to more complex restorative options.

One common procedure in cosmetic dentistry is teeth whitening. This treatment helps remove stains and discoloration caused by factors such as aging, smoking, or consuming certain foods and beverages. By brightening your smile several shades lighter, teeth whitening can significantly boost your confidence and self-esteem.

Another popular cosmetic dental procedure is veneers. These thin shells made from porcelain or composite material are custom-made to fit over the front surface of your teeth. Veneers can effectively correct issues like chipped or cracked teeth, gaps between teeth, or even misaligned teeth.

For individuals with missing teeth or severe tooth decay, dental implants offer a long-term solution that not only restores functionality but also enhances the appearance of their smile. Implants are artificial tooth roots surgically placed into the jawbone to support replacement crowns or bridges.

Cosmetic dentistry encompasses a wide range of treatments aimed at enhancing the visual appeal of your smile. From simple whitening procedures to more extensive solutions like veneers and implants, highly trained cosmetic dentists use their expertise to provide personalized care tailored specifically to each patient’s needs for achieving outstanding results!

Different Types of Cosmetic Dentistry Procedures

When it comes to cosmetic dentistry, there are a variety of procedures available that can help improve the aesthetics and appearance of your smile. These procedures are performed by highly trained cosmetic dentists who have expertise in enhancing the overall look of teeth.

One popular type of cosmetic dentistry procedure is teeth whitening. This process involves bleaching the teeth to remove stains and discoloration, resulting in a brighter and whiter smile. Another common procedure is dental veneers, which are thin shells made from porcelain or composite resin that are bonded to the front surface of teeth to hide imperfections such as chips, cracks, or gaps.

For individuals with missing teeth, dental implants may be recommended. Implants replace the root portion of a missing tooth and provide a strong foundation for an artificial tooth that looks and functions like a natural one. Other options for replacing missing teeth include bridges and dentures.

In addition to these procedures, cosmetic dentistry also offers solutions for correcting crooked or misaligned teeth through orthodontic treatments such as braces or clear aligners like Invisalign. These treatments gradually reposition the teeth into their proper alignment, resulting in a straighter smile.

There is no shortage of options when it comes to cosmetic dentistry procedures aimed at improving your smile. Whether you’re looking for whiter teeth, hiding imperfections, replacing missing teeth, or straightening crooked ones – consulting with a highly trained cosmetic dentist will help determine which procedure is best suited for you!

How Much Compensation Could I Get for a Cosmetic Dentistry Claim?

When it comes to cosmetic dentistry claims, the amount of compensation you could receive will depend on various factors. These factors include the nature and severity of your dental issues, any resulting physical or emotional distress, and the impact on your overall quality of life.

Highly trained cosmetic dentists specialize in procedures aimed at improving the aesthetics and appearance of your smile. However, if something goes wrong during a procedure or if there is negligence on the part of the dentist, you may be entitled to compensation.

It’s important to consult with a qualified dental malpractice attorney who understands this specialized area of law. They will assess your case based on its unique circumstances and help determine how much compensation you could potentially receive.

In general, potential damages that can be claimed in a cosmetic dentistry case include medical expenses related to correcting any errors or complications from the procedure, as well as pain and suffering caused by these issues. Additionally, if there are long-term consequences such as ongoing dental problems or psychological distress due to an unsatisfactory outcome, these may also factor into the potential compensation amount.

To maximize your chances of receiving fair compensation for your cosmetic dentistry claim, it’s crucial to gather all relevant evidence such as medical records, photographs before and after the procedure, and testimonies from expert witnesses if necessary. Your attorney will guide you through each stage of the legal process – from filing a claim to negotiating with insurance companies or pursuing litigation if needed.

Remember that every case is different, so it’s difficult to provide an exact figure for how much compensation you could get for a cosmetic dentistry claim without assessing its specific details. Consulting with an experienced professional will give you a clearer understanding of what might be possible in terms of financial recovery.

If you believe that you have suffered harm due to negligence during a cosmetic dentistry procedure or treatment plan gone wrong , don’t hesitate – seek legal advice promptly so that you can protect your rights and pursue fair compensation.

The Different Stages of a Cosmetic Dentistry Claim

When it comes to filing a cosmetic dentistry claim, there are several stages involved in the process. Understanding these stages can help you navigate through the legal procedures and ensure that you receive the compensation you deserve.

1. Initial Consultation: The first stage involves scheduling an initial consultation with a highly trained cosmetic dentist. During this appointment, your dentist will evaluate your case and provide recommendations for improving the aesthetics and appearance of your smile.

2. Gathering Evidence: Once you decide to proceed with a claim, it’s important to gather all relevant evidence related to your case. This may include dental records, photographs, X-rays, and any other documentation that supports your claim.

3. Seeking Legal Advice: It is advisable to consult with an experienced personal injury lawyer who specializes in dental malpractice cases. They can guide you through the legal process and help determine if you have a valid claim.

4. Filing Your Claim: After gathering all necessary evidence and seeking legal advice, it’s time to formally file your cosmetic dentistry claim with the appropriate authorities or court system.

5. Negotiations or Litigation: Depending on the circumstances surrounding your case, negotiations between both parties may take place in order to reach a settlement agreement without going to court. However, if no agreement can be reached, litigation may be necessary.

Remember that each cosmetic dentistry claim is unique and can vary in terms of complexity and duration. It is essential to work closely with professionals who understand this specialized field of law in order to maximize your chances of receiving fair compensation for any damages incurred as a result of negligence or incompetence during cosmetic dental procedures.

FAQs

1. Can I make a cosmetic dentistry claim?
Yes, you may be able to make a cosmetic dentistry claim if you have experienced negligence or malpractice during your treatment. It is important to consult with a legal professional who specializes in dental negligence cases to determine the strength of your claim.

2. How much compensation could I receive for a cosmetic dentistry claim?
The amount of compensation you could receive for a cosmetic dentistry claim will vary depending on various factors such as the severity of your injuries, the impact on your quality of life, and any additional expenses incurred as a result of the negligence. A highly trained cosmetic dentist can help assess these damages and work towards obtaining fair compensation on your behalf.

3. What are some common types of cosmetic dentistry procedures that may lead to claims?
Some common types of cosmetic dentistry procedures that may lead to claims include teeth whitening gone wrong, poorly placed veneers or crowns causing damage to surrounding teeth, incorrect alignment resulting from orthodontic treatments, and botched smile makeover procedures.

4. How long does it take to resolve a cosmetic dentistry claim?
The duration of resolving a cosmetic dentistry claim can vary depending on the complexity and nature of each individual case. Some cases may settle relatively quickly through negotiation or mediation, while others may require litigation and go through several stages before reaching resolution.

Remember that every case is unique, so it’s important to consult with an experienced dental negligence lawyer who can guide you through the process based on your specific circumstances.

Seek Legal Guidance for Your Cosmetic Dentistry Claim

If you believe you have suffered harm due to negligent or substandard care during a cosmetic dentistry procedure performed by highly trained professionals focusing on improving the aesthetics and appearance of your smile, it is crucial to seek legal guidance promptly.
Consulting with an attorney specializing in dental negligence cases can help evaluate the viability of your claim and assist in navigating through each stage of the claims process.

When Team Building Causes Injury: Are You Legally Protected?

Are you ready to take your team building activities to the extreme? Picture this: scaling towering rock walls, navigating treacherous obstacle courses, or even racing against the clock in an exhilarating adventure race. These adrenaline-pumping experiences can certainly bring your team closer together and create unforgettable memories. But what happens when these thrilling escapades go wrong? Can you ensure that you are legally protected if someone gets injured during a team bonding activity? Join us as we explore the potential dangers of these activities and uncover your legal rights in case of injury. Strap in – it’s going to be a wild ride!

What are the More Extreme Team Building Activities?

When it comes to team building, the possibilities are endless. While traditional activities like trust falls and icebreaker games can be effective, some teams prefer to take things up a notch with more extreme adventures. These activities push participants out of their comfort zones and test their physical and mental limits.

One example of an extreme team building activity is rock climbing. Scaling towering cliffs requires not only strength but also problem-solving skills and trust in your teammates. It’s a thrilling experience that promotes communication, teamwork, and conquering fears.

Another popular choice is obstacle course racing. These intense challenges combine running with various obstacles such as mud pits, rope climbs, and wall jumps. The physical demands of these races create a sense of camaraderie among participants as they cheer each other on towards the finish line.

For those seeking an even more adrenaline-fueled adventure, there’s the option of participating in an amazing race-style event. Teams must navigate through different checkpoints using clues while facing time constraints and unexpected challenges along the way. This high-stakes competition pushes individuals to rely on each other’s strengths to succeed.

The Amazing Race is one of the most grueling shows on television. The popularity of the series has allowed it to reach the 30-season milestone and it shows no sign of stopping, with numerous spin-offs and localized versions being produced all around the world. While the producers take great care to ensure the safety of all the participants behind the scenes, the arduous tasks and challenges all but guarantee that at least a few challengers will sustain some type of injury as the Amazing Race is a team building activity with inherent risks.

The very worst injuries from The Amazing Race left the victims in incredible pain, and in some cases stopped them from being able to progress to the next stage.

While these extreme team building activities offer excitement and opportunities for personal growth, they also come with inherent risks. It’s essential for both employers and employees to understand that injuries can happen during these endeavors despite safety precautions being taken.

In the next section, we’ll delve deeper into whether team bonding activities can actually be dangerous or if they are generally safe when properly executed by experienced professionals.

Can Team Bonding Activities Be Dangerous?

Team bonding activities are a popular way for coworkers to strengthen their relationships and improve collaboration. These activities can range from trust falls to escape rooms, and everything in between. While they are intended to be fun and engaging, it’s important to remember that team bonding activities can also carry some risks.

One common concern is the physical aspect of these activities. Many team building exercises involve physical challenges or obstacles that can potentially lead to injuries if not properly executed. For example, a ropes course or rock climbing activity could result in falls or strains if participants aren’t careful and a happy corporate culture can be ruined in an instant.

Another factor to consider is the level of intensity involved in certain team bonding activities. Some companies may choose more extreme options such as white-water rafting or skydiving. While these activities can certainly provide an adrenaline rush and create lasting memories, they also come with inherent dangers that cannot be ignored.

It’s crucial for employers and organizers of team building events to prioritize safety above all else. This includes conducting thorough risk assessments before choosing an activity, providing proper training and equipment, and ensuring that all participants understand any potential risks involved.

In the unfortunate event that someone does get injured during a team bonding activity, questions may arise regarding liability. Determining who is responsible for covering medical expenses or providing compensation will depend on various factors such as the nature of the activity, any waivers signed beforehand, and applicable laws in your jurisdiction.

To protect yourself legally when participating in team bonding activities, it’s always a good idea to familiarize yourself with your rights as an employee or participant. Consulting with personal injury lawyers who specialize in workplace accidents can help you navigate through any legal complexities should an injury occur.

Remember: while team bonding activities are meant to foster camaraderie among colleagues, it’s essential not to overlook safety considerations. By taking precautions and being aware of potential risks associated with these activities, you can ensure everyone has a positive experience without compromising their well-being

If you’re Injured in a Team Building Activity, Who is Liable?

If you’re injured in a team building activity, it’s natural to wonder who is responsible for your injuries. While team bonding activities are meant to foster camaraderie and promote teamwork, they can sometimes result in accidents or injuries. In such cases, determining liability can be complex.

The responsibility may lie with the employer if the team building activity was organized by them as part of work-related events. Employers have a duty to ensure the safety and well-being of their employees, even during off-site activities. If negligence or lack of proper precautions led to your injury, you may be able to hold your employer liable.

However, if the team building activity was optional and not directly related to work responsibilities, individual participants may assume some level of personal responsibility for their own safety. This means that if you willingly engaged in an activity knowing the risks involved, you might bear some liability for any injuries sustained.

It’s important to consult with a personal injury lawyer who specializes in workplace accidents and premises liability cases. They can evaluate the circumstances surrounding your injury and help determine who should be held accountable.

Remember that every case is unique and requires careful analysis before determining liability. Your lawyer will assess factors such as negligence, assumption of risk, and potential third-party involvement when building your case.

In conclusion,
if you’ve been injured during a team building activity,
consulting with a personal injury lawyer
is crucial in understanding
who may be liable.
They’ll navigate through legal complexities
to protect your rights
and help seek compensation
for medical expenses,
lost wages,
and other damages incurred.

Medical Negligence Compensation Lawyers: Covid Vaccine Injuries Class Action 2023

Introduction

In the race to end the Covid-19 pandemic, many countries are rolling out vaccination programs to protect their citizens. While vaccines have proven to be effective in reducing infection rates and deaths, there have been reported cases of adverse reactions or injuries. If you or someone close has suffered an injury caused by a Covid vaccine injection, this post is for you.

In this article, we’ll discuss how medical negligence compensation lawyers can help victims seek justice through class action lawsuits against vaccine manufacturers and healthcare providers. Read on to learn more about your legal options and get the support you need during these challenging times.

Medical Negligence?

Medical negligence can have a serious impact on patients and their families. If you or a loved one has been injured by medical negligence, you may be entitled to compensation. Covid vaccine injuries are a new type of medical negligence claim that has arisen in recent months. If you have been injured by a Covid vaccine, you may be able to bring a claim for compensation.

  • Medical negligence refers to a circumstance where the standard of care that can be reasonably expected of a medical practitioner has not been met.
  • In order to be defined as medical negligence, the patient must have suffered physical, psychological or financial harm as a direct consequence of the medical practitioner’s failure to meet the expected standard of care.
  • There is a duty of all healthcare providers to take care of their patient, known as “duty of care.” If duty of care has been breached, the patient may be entitled to compensation by making a medical negligence claim.

There are many different types of medical negligence compensation lawyers claims, and each case is unique. If you think you may have a claim, it is important to speak to a solicitor who specialises in this area of law. They will be able to assess your case and advise you on the best course of action.

Medical Negligence Examples

There are many examples of medical negligence that can lead to a person filing a lawsuit. One example is when a doctor or other medical professional fails to properly diagnose a patient’s illness or injury. This can often result in the patient not receiving the proper treatment in a timely manner, which can lead to further complications and sometimes death.

Other examples of medical negligence include when a doctor prescribes the wrong medication or dosage, performs surgery on the wrong body part, or leaves foreign objects inside a patient’s body after surgery. These errors can often have devastating consequences for patients and their families. If you or someone you love has been injured due to medical negligence, you may be entitled to compensation.

An experienced medical negligence lawyer can review your case and help you understand your legal options. They can also help you build a strong case against the responsible party and fight for the compensation you deserve.

Medical Negligence: Who can I lodge to Claim Against?

If you have been injured by a Covid-19 vaccine, you may be able to lodge a medical negligence compensation lawyers claim. The party who can be held liable for your injuries will depend on the circumstances of your case.

For example, if you were injured as a result of a vaccine manufactured by Pfizer, you would lodge your claim against Pfizer. If you were injured as a result of receiving a vaccine administered by your GP, you would lodge your claim against your GP.

In some cases, it may be possible to lodge a claim against multiple parties. For example, if you were injured as a result of receiving a faulty vaccine, you could potentially lodge a claim against the manufacturer of the vaccine and the party who administered the vaccine.

If you are unsure who to lodge your claim against, you should seek legal advice from a medical negligence lawyer.

What can I be for Compensation Lawyers?

Medical negligence compensation lawyers can help you if you’ve been injured by the Covid vaccine. You may be able to get compensation for your medical bills, lost wages, and pain and suffering.

How long do I have to Claim Compensation Lawyers?

Some people assume a medical negligence compensation lawyers claim can only be lodged against a doctor but, in reality, you are able to lodge a negligence claim against any provider of your healthcare. This may include, but is not limited to,

  • Nurses
  • Paramedics
  • Operating theatre technicians
  • Dentists
  • Pharmacists
  • Allied health professionals (see APA’s specific document on allied health)
  • Hospitals
  • General practice clinics
  • Specialist health service clinics
  • The most common cases of medical negligence in Australia involve:
    • Cosmetic surgery
      • See APA’s cosmetic surgery document to learn about the difference between cosmetic surgeons and plastic surgeon
    • Obstetrics and gynaecology
      • See APA’s gynaecologist complaints document to learn more about negligence in this medical field in Australia
    • Paediatrics
    • Emergency medicine
    • Orthopaedics
    • Misdiagnosis or delayed diagnosis
    • Medications and their adverse effects

Compensation Lawyers What can I be?

If medical negligence is proven in the court of law, a patient can seek compensation for both special damages and general damages in regards to their loss of injury.

  • Special damages refer to quantifiable economic losses from the date of injury such as:
    • Medical treatment costs such as medications
    • Hospital charges
    • Rehabilitation costs
    • Special equipment
    • Travel costs
    • Loss of income
    • Legal costs
  • General damages refer non-economic losses which can only be estimated and include:
    • Physical pain and suffering
    • Psychological pain and suffering
    • Disfigurement or chronic disability such as loss of limbs, organs or senses
    • Reduced quality of life
    • Loss of future earning capacity
  • Most jurisdictions require a legally competent adult to start proceedings within three years from the date they first experienced the loss or harm for which they are seeking compensation.
  • There are some exceptions in which case an extension may be allowed, such as if the patient has a disability or is a child, but the time limits are generally very strict.

Medical Negligence Claim Process

Medical negligence is a very complex field of law and it is therefore recommended that all patients who are considering making a claim firstly get advice from a lawyer who specialises in medical negligence.

  • The lawyer will consult with one or more medical experts who will carry out assessments on various aspects of your health, review your medical records, and compile a report detailing how your medical care has been negligent.
  • Jurisdictions will differ somewhat in the extent of harm or injury that can qualify seeking a medical negligence claim. For example, in Victoria, the patient must prove they have a “significant injury” as determined by an approved medical examiner which is defined as a whole-person impairment of:
    • More than 5% for physical injuries, excluding spinal injuries
    • More than 10% for psychiatric injuries
    • At least 5% for spinal injuries
  • The process of obtaining all the necessary information to make a report for a medical negligence compensation lawyers claim can take a long time because it requires expert medical opinions, various assessments, and stabilisation of injuries.
  • Once the report is finalised, the next step is mediation whereby all parties meet and attempt to resolve the medical negligence claim by reaching a settlement. A settlement refers to all parties agreeing on an amount of money that the patient can claim due to medical negligence. The majority of cases reach a settlement.
  • If a settlement cannot be reached, the case might proceed to a hearing in the law court. This can be a lengthy, costly, and psychologically taxing process for the patient so it is important to seek legal advice about the likelihood of your claim being successful from an expert in the field of medical negligence. It will ultimately be the decision of the judge/ jury about whether your claim is successful.

But if you think you might have a claim, you probably want to know whether your claim is likely to succeed. And what sort of medical negligence process you might be entitled, on how much your claim might be worth, and how to get help making a successful claim process

How long does a Claim take to be Processed?

In Australia, medical negligence claims can take many years to be processed and for a decision to finally be made because of how complex medical law can be.

You must lodge your ‘initiating claim’ within three years from the date of injury or diagnosis. However, this period can be extended for children and people with disabilities. If you’ve exceeded a time limitation, time extensions might be available to you, so you should speak with a specialist medical negligence compensation lawyers who can provide you with advice on your situation. 

This is because claims can be complex, and it may be necessary to wait for injuries to stabilise before a claim can be made. Agreeing on an early settlement before your injuries have stabilised could mean you miss out on a significant amount you’re entitled to, so it’s important not to rush into accepting a settlement offer. You should seek legal advice on any offer you receive.

It’s possible for claims to settle in a shorter timeframe if your injuries have stabilised and there’s clear evidence of medical negligence, or if your circumstances require a more urgent settlement.

Medical Negligence Payout Average Claim

In Australia, the average payout for a medical negligence claim is $650, 000 AUS. However, this is only an estimation and the value of payouts for medical negligence claims can range from tens of thousands to millions of dollars depending on the severity of the harm and suffering caused.

A medical negligence pain and suffering payout is to compensate you for personal losses on top of any other claim you might already be making, based on how much your injuries have affected your lifestyle and work, as well as potential future expenses you may face.  It’s calculated based on how much you’ve been impacted compared to the ‘most extreme case’ (MEC).

MEC is considered the worst possible scenario and can be difficult to define. It considers how an Covid Vaccine Injuries would have the biggest impact on someone’s life overall, and factors in considerations on how your life will be affected by your injuries. The calculation of pain and suffering payouts is subjective, and this reinforces why it’s critical to have a specialist medical negligence lawyer on your side who will get to know you personally and make the strongest possible case on your behalf.

Can I claim Medical Negligence on the behalf of someone else?

  • Yes, anyone is technically able to lodge a medical negligence claim on behalf of someone else but in most cases this is relevant for a parent, guardian or carer.*
  • A carer is defined as somebody who provides ongoing assistance to a person carrying out normal daily activities who cannot do so independently due to a disability or chronic illness.
  • For a non-relative to lodge a claim on behalf of someone else, they must declare that they have no vested interests in making the claim, such as a financial incentive.
  • Parents or guardians can make medical negligence claims on behalf of their children. We’ve worked on many claims for children, so can talk you through how the claim will run and other information such as time limits.

This guide will help you understand when it comes to bringing a class action suit against organisations responsible for medical negligence that caused people to be injured by the Covid Vaccine, there is no better option than to hire experienced Medical Negligence Compensation Lawyers to ensure that you achieve the maximum compensation to access the help and treatment you need. 

These lawyers are highly specialised in this field and understand what steps need to be taken in order to win a case. Medical negligence can lead to life-changing consequences. If you or someone you love has had vaccine injuries, speak to one of or contacting an expert lawyer who specialises in medical negligence compensation can help ensure that your rights are protected, and justice is served.

What Can I Expect From My Dental Negligence Lawsuit?

You’ve been through a lot. Your dental negligence experience has left you in physical and emotional pain and suffering, and you may be feeling overwhelmed. You want justice, but how do you even begin to get it? Luckily, the legal system can provide a way forward. A dental negligence lawsuit is one way of seeking compensation for the damages caused by your dentist’s negligence. However, navigating such a process can be intimidating. In this blog post, we’ll discuss what to expect from a dental negligence lawsuit so that you are better equipped if you decide to pursue legal action.

What is dental negligence?

Dental negligence can occur when a dentist fails to provide proper care and treatment to a patient. This can happen if the dentist is careless in their work, or if they fail to follow proper dental procedures. If you have been injured as a result of dental negligence, you may be able to file a lawsuit against the dentist or dental practice responsible.

In order to win a dental negligence lawsuit, you will need to prove that the dentist breached their duty of care to you. This means showing that they did not provide the level of care and treatment that a reasonable dentist would have provided in the same situation. You will also need to show that as a result of this breach, you suffered an injury.

If you are considering filing a dental negligence lawsuit, it is important to speak with an experienced lawyer who can assess your case and help you understand your legal options.

How do I know if I have a case?

If you have suffered dental complications that you believe were caused by the negligence of your dentist, you may have a case. To determine whether or not you have a case, you will need to consult with an experienced dental negligence lawyer.

Your lawyer will review your medical records and speak with your dentist to determine if there is evidence of negligence. If there is evidence of negligence, your lawyer will then assess the damages you have suffered and determine if pursuing a lawsuit is in your best interests.

What are the potential outcomes of a dental negligence lawsuit?

If you have been injured as a result of dental negligence, you may be entitled to compensation for your injuries. The amount of compensation you may receive will depend on the severity of your injuries, the extent of your damages, and the strength of your legal case. Potential outcomes of a dental negligence lawsuit include:

-Compensation for your medical expenses
-Pain and suffering damages
-Lost wages and earning capacity
-Loss of enjoyment of life
-Punitive damages (in some cases)

How long will it take to resolve my case?

The length of time it takes to resolve a dental negligence case will depend on the severity of the injury and the amount of damages sought. If the case is settled out of court, it may take a few months to reach a settlement. If the case goes to trial, it may take several years to reach a verdict.

Do I need a lawyer?

No, you do not need a lawyer to file a dental negligence lawsuit. However, having an attorney by your side can give you the best chance of success. An attorney can help you gather evidence, build a strong case, and negotiate with the insurance company. If you decide to hire an attorney, make sure to choose one with experience in dental negligence cases.

How much will it cost to pursue a dental negligence lawsuit?

The cost of pursuing a dental negligence lawsuit will vary depending on the specific details of your case. However, there are some general costs that you can expect to incur. These include the cost of hiring an experienced lawyer, the cost of any expert witnesses that may be required, and the cost of filing fees and other legal expenses. Most dental negligence lawsuit are treatments that uses surgeries as surgery is done about two-thirds of the way through the orthodontic treatment.

In addition to these general costs, you may also be responsible for paying any damages that are awarded to you by the court. Damages can include medical bills, lost wages, pain and suffering, and more. If your case is successful, your lawyer may be able to recover these costs from the responsible party.

Why Oral health is important

Your oral health is important for many reasons. It can affect your overall health, your self-esteem, and your quality of life. For example there’s a huge impact of dental dentures on our nutrition. Oral health problems can lead to pain, infection, and even death.

Poor oral health has been linked to a number of serious health problems, including heart disease, stroke, and diabetes. Oral health problems can also make it difficult to eat or speak.

Oral health is important for your self-esteem and quality of life. Having healthy teeth and gums can improve your appearance and help you feel good about yourself.

If you have an oral health problem, it’s important to see a dentist or other dental professional as soon as possible. They can diagnose and treat the problem before it gets worse.

Conclusion

When it comes to filing a dental negligence lawsuit, there are many factors that come into play. It is important to be aware of the steps in the process and what you can expect from your case. We hope this article has been helpful in giving you an understanding of what goes on during a dental negligence claim and how best to prepare for it. With the right legal advice, you can feel confident that your case will be handled with care so that justice is served properly.

Sedative Overdose By Dentist On a Five Year Old Boy: What Happened Next?

THE INCIDENT

In December 2019, a five-year-old male patient experiencing pain in his mouth was brought by his mother to the Pilbara Dental Centre clinic in South Hedland. He was attended to by Dr. Ananda Krishnan, who could not thoroughly examine him as he was not willing to open his mouth. He was then ordered by Dr. Krishnan to come back to the clinic the following day for his dental treatment.

The next day, the accompanying parent, his mother, was asked for details about the patient, including his weight. The mother then verbally told Dr. Krishnan her son’s estimated weight. Using this information, Dr. Krishnan administered 10 milligrams of midazolam to help the five-year-old patient with his anxiety. Midazolam is a cardiac and respiratory suppressant, whose effectiveness and safety has not yet been studied in children below eight years of age.

The dental procedure was completed, but the effects of the midazolam lingered. For instance, his parents observed that though the procedure required conscious sedation, their child was only semi- conscious after the dental procedure was done. They also noted that the patient still appeared to be affected by the sedative one day after visiting the dentist.

The incident was eventually reported to the authorities.

THE INVESTIGATION AND FINDINGS

After looking into the case, the State Administrative Tribunal or SAT confirmed that Dr. Krishnan compromised the health and safety of the five-year-old patient in several ways.

First, he failed to provide adequate pre-operative clinical care when he did not weigh the patient and instead relied solely on the mother’s approximation. Second, he administered 10mg of midazolam, despite not having any knowledge, skill or judgment in doing so. Third, he conducted an off-label use of a drug whose efficacy for children eight years and below has not been established yet. Fourth, he left the sedated patient with dental staff who were not adequately qualified to address any serious medical emergencies that could have arisen from the use of midazolam. Then, during the treatment, he also failed to properly monitor the child’s heart rate, respiration rate, blood pressure and oxygen levels. Last, Dr. Krishnan discharged the patient, even when he still had not met all the discharge criteria.

The tribunal’s judgment also stated that the dose given to the young patient could have caused the child to stop breathing altogether, potentially leading to his death.

THE VERDICT

Despite Dr. Krishnan admitting his wrongdoing and expressing remorse for his erroneous conduct, the State Administrative Tribunal still ordered that he be disqualified from practicing dentistry for four years. This forced him to surrender his registration as a dental practitioner back in 2020. He was also required to pay a hefty fine of 6,000 AUD to the Dental Board of Australia.

KEY TAKEAWAYS FROM THIS CASE

If you forget all the details of this case and remember only one thing, it should be this: that Sleep Dentistry a.k.a Sedation Dentistry should be treated with precision and expertise, just as this Brisbane clinic does. All medications and practices that put patients to sleep during dental procedures should only be administered by dentists with recognized certifications. Sleep or Sedation Dentistry is not to be taken lightly and not to be done recklessly.

It is also equally important to understand that you don’t choose dentistry as a career – it chooses you. Dentistry requires certain traits like detail orientation, trustworthiness, reliability, expertise, compassion, patience, and manual dexterity. Someone interested in this field must keep in mind that with the personal perks of prestige, schedule flexibility, varied cases and patients, and good earnings come the task of caring for the oral health of the community and, consequently, their general health and wellbeing.

Class Action Against Invisalign: What’s It All About?

Given a choice between having metal brackets and wires in your mouth versus using a removable, custom-molded plastic tray to straighten your teeth, would you wear traditional braces or clear aligners? For the over 13 million people who have used Invisalign, wearing clear aligners is easily the better option of the two.

Invisalign is deemed superior to other orthodontic treatments because it is transparent and virtually invisible. It is also removable and easy to clean. Plus, it does not come with food restrictions, which are typical with metal wires that may break while chewing or metal brackets that can detach from the teeth. Being both inconspicuous and convenient must be why, 25 years since its development, Invisalign remains the preferred choice for most adults and teenagers. It also helps that Invisalign is popular among celebrities and has a strong and well-marketed digital and social media presence.

            However, Align Technology, the medical device company that manufactures and distributes the Invisalign clear aligners system, its compatible iTero intraoral scanners, and the exocad CAD/CAM software widely used in digital orthodontics, has been slapped with class action lawsuits by investors and consumers alike. 

            Investors sued Align Technology in 2018, alleging that the company issued positive statements concerning its operations, prospects, and business challenges, which were false or misleading. The released information encouraged investors to buy Align Technology stocks whose prices eventually plummeted. This lawsuit was only resolved in 2021 after Align Technology agreed to a settlement amounting to $16 million in order to recompense those who bought company shares and suffered monetary losses during the period indicated in the lawsuit. Another class action lawsuit against the makers of Invisalign was filed in 2021 and alleged that Align Technology has created a monopoly in the clear aligner market ever since 2017 when it was first launched. It also detailed that the illegal practices of the company caused consumers to overpay by about $8,000 for each Invisalign system. The lawsuit specifically accused Align Technology of violating U.S. antitrust laws and consumer rights with price-fixing and implementing anti-competitive tactics. One such example is the alleged agreement between Align Technology and its competitor SmileDirectClub to not penetrate each other’s markets, with Align Technology not competing in the direct-to-dentist market and SmileDirectClub not competing in the direct-to-consumer market. Another allegation is how Align Technology refused to accept Invisalign orders by rival scanner manufacturers, effectively controlling both the aligner and dental scanner markets.

Stop Thieves from Breaking Into Your Home Legally

It’s a sad fact, but nearly 2 million homes are broken into every year in the United States. But there are some things you can do to help make your home a harder target for burglars. In this article, we’ll explore some of the legal ways you can stop thieves from breaking into your home.

Check your local jurisdiction

Most people are unaware that there are legal ways for thieves to break into your home. To protect yourself, you need to know what your local jurisdiction allows and doesn’t allow. For example, in some areas, it is legal for a thief to enter your home if they believe you are not home and they are in immediate danger. In other areas, however, it is illegal for a thief to enter your home under any circumstances.

If you’re not sure about the laws in your area, the best thing to do is check with your local police department or city hall. They will be able to tell you what the laws are and how they are enforced.

Knowing the law is only half the battle, though. You also need to make sure your home is as secure as possible. Even if a thief has a legal way to break into your home, they will likely choose an easier target if given the opportunity. By taking some simple security measures, you can make it much harder for thieves to break into your home legally or otherwise.

Don’t use excessive force

When it comes to protecting your home from thieves, it’s important to remember that you can’t use excessive force. If you do, you could be held liable if the thief is injured. Smashing a thief’s teeth in could result in a massive dental bill you may need to pay. So, what can you do to protect your home without resorting to violence?

There are a number of things you can do to make your home more secure and less appealing to thieves. Start by making sure all doors and windows are locked when you’re not home. If you have a security system, make sure it’s turned on and set to the proper sensitivity. You may also want to install motion-sensor lights and security cameras around your property.

Thieves are looking for an easy target, so the more difficult you make it for them, the less likely they are to target your home. By taking some simple precautions, you can help deter thieves and keep your home safe.

Don’t become a statistic

According to the FBI, a burglary happens every 23.8 seconds in the United States. That’s over 2,000 burglaries per day.  And while some of these burglaries are committed by professional thieves, many are committed by opportunistic amateurs who see an easy target and take advantage. Fortunately, there are some simple things you can do to make your home less attractive to burglars and reduce the chances that you’ll be the victim of a break-in.

One of the simplest things you can do is install deadbolt locks on all your exterior doors. A deadbolt lock is much more difficult to pick than a traditional doorknob lock, so it’s a good deterrent for would-be thieves. You should also make sure that all your windows are locked when you’re not home, and consider installing security bars or grilles on vulnerable ground-floor windows.

Another good way to deter thieves is to make it look like someone is always home. Install timer switches on lights so that they automatically turn on and off at different times of the day, even when you’re not there. If you have an alarm system, make sure it’s visible from the street and set it when you leave the house

Preventative measures

There are a few preventative measures you can take to help deter thieves from breaking into your home. One is to make sure all of your doors and windows are locked. You should also consider installing an alarm system. If you have valuables, you may want to invest in a safe. And finally, it’s always a good idea to be aware of your surroundings and be on the lookout for suspicious activity.

Stay safe

No one wants their home to be broken into, but unfortunately, it happens all the time. There are some things you can do to help prevent it from happening to you. Here are a few tips:

-Make sure your doors and windows are locked at all times, even when you’re home.
-If you have a garage, keep the door closed and locked when not in use.
–Consider installing a security system. This can be a great deterrent for burglars.
-Keep your valuables out of sight and in a safe place.
-Be aware of your surroundings. If you see anything suspicious, call the police immediately.

By following these simple tips, you can help make your home a less attractive target for burglars. Keep yourself and your belongings safe!

Can Security Camera Footage Be Used In a Court of Law?

Can security camera footage be used in a court of law? The use of technology-facilitated violence is a developing area of the law. The legal information, examples, and scenarios contained in the guide are intended to explain the law as it stands at publication in general terms only and is not legal advice. They cannot be relied upon or applied by readers in their cases. Each set of circumstances needs to be looked at individually. You should seek legal advice about your own particular circumstances.

Security Cameras Immediately After A Crime

As soon as the police show up at your property after a crime they are going to need some form of direction to know who to arrest. The CCTV cameras that you have installed on your property will capture the images of the criminals both approaching and committing their crimes. Ensure you choose a camera installer who will do it professionally giving these images to the responding officers will show them exactly who they are looking for.

Depending on the conditions, the subject, and more, you will be able to get a physical description of the person. The hair color, skin color, height, weight, and more can all be captured by a camera. Getting a visual of the person’s clothing can also help.

All of this will help you to catch the criminal much quicker. Without CCTV cameras, the chance that the criminal will be caught at all goes down significantly.

Can Security Camera Footage Be Used In a Court of Law?

A criminal apprehension is only the start of the prosecution process. The person will then have to be booked and all of the formalities need to be taken care of. After that, the government needs to be able to prove in a court of law that the person is guilty of the crime they committed. To prove guilt, the court will use evidence. Use social media marketing avenues to find the best operator the most successful case involves the use of a variety of evidence. Fingerprints, witness identifications, weapons, and tools are all evidence that has been used in court cases. Some of the best evidence is CCTV footage. It is really hard for someone to deny that they committed a crime when it is on camera. They can be seen committing the acts.

Just like the footage is used to catch a criminal, it can be used to convict them. For the most part, security camera footage is the property of the owner of a property. That being said, you cannot share footage of someone who is expecting their privacy. The exception to this is for use as evidence. A court can allow the use of any security footage as evidence. It is important to note that public bodies are held to a different standard than that of private businesses and private property owners who use security camera footage. Make sure to read the specific legalities of installing and using security camera footage if you are part of a public agency.

During the process of security camera installation, an installation tech will help you to determine the best places to position cameras. Dental clinics use a lot of surveillance as they store a lot of pharmaceuticals one of the things that they take into mind when giving these recommendations is the legality of filming in specific areas. A technician is not a lawyer, they just work from learned knowledge and experience of working with these systems.

Conclusion

If you need security cameras installed in the Sydney, Australia area, there is no better option than going to km electric. For years, km electric has been providing comprehensive security installation services to customers of all kinds. From homeowners to business owners, and even public agencies.

A single call will get you connected with an expert who will come out and perform a free on-site inspection. That also includes a no-obligation quote. You will be up and running and able to use your CCTV cameras to catch any potential criminals quickly.

Dental Negligence: Can You Sue Your Dentist?

We live in a litigious world.

Remember? A monkey sued a photographer for the rights to his own image.

Think that’s funny. He might have won. And now they’re not even sure he’s a he.

Maybe not a monkey’s uncle, eh?

A macaque took a selfie in the jungle and when you see the photo, it’s obviously headed for his online dating profile and then straight to the poolroom.

Narutu pressed the shutter on photographer David Slater’s camera in 2011when David was in Sulawesi, an Indonesian island east of Borneo.

I guess that if you have a name, you can have PETA make the world ask: Who owns the image? The monkey or the man? in a legal action it said was in recognition that this snap-happy crested black macaque, “.. is someone, not something”.

Makes you wonder why David Slater didn’t counter with property crimes and compensation for a vandalised camera.

The lawyer for Slater’s publisher, also a defendant, raised the question of whether PETA has even identified the right monkey  –  something Slater disputes.

“I know for a fact that (macaque) is a female and it’s the wrong age,” he said. “I’m bewildered at the American court system. Surely it matters that the right monkey is suing me.”

Slater spent several days following and photographing a troop of macaques and has long maintained the shots are the result of his patience and ingenuity in coaxing the monkeys into pressing the shutter. It occurred to him to do this after he struggled to with getting a wide-angled close-up in which their eyes were open.

David claims it was his perservance rather than Narutu/Not Narutu’s natural behaviour that produced the close-ups and I think that’s hard to determine when you’re dealing with a monkey.

Especially one with legal representation.

Anyway the case went on for years, lives were ruined; the usual stuff. Somewhere in the jungles of Sulawesi a dubiously identified macaque anxiously waited to find out if they were indeed the US copyright holder of an image of their own face, that they held in front of a camera that wasn’t theirs and pushed down on something for a bit of a lark.

A monkey lark.

It was either that, or outright animal intent to cause an international legal ruckus to have PETA manage the lucrid copyright of the selfies and license them for commercial use. All royalties were to be specifically used for Naruto’s benefit and that of his extended family, who are impacted by encroaching human development.

A pack of macaques in slapped up shack couldn’t make that up.

The photograph became popular, and Slater earned a few thousand pounds that basically covered the cost of the trip. But the image became the subject of a complicated legal dispute in 2014 when Slater requested Techdirt and Wikipedia to stop using it without permission.

Both websites refused, with Wikipedia claiming that the photograph was uncopyrightable because the monkey was the actual creator of the image.

So marked the beginning of this monkey business. The US Copyright Office subsequently ruled that animals cannot own copyrights and PETA appealed to the ninth circuit court of appeal.

Among the points of contention were: whether PETA had a close enough relationship with Naruto to represent them in court; the value of providing written notice of a copyright claim to a community of macaques; and whether Naruto was actually harmed by not being recognised as a copyright-holder.

Let’s hope he knows nothing of Tik Tok.

At one point, the considered question was how copyright would be passed down to the macaque’s heirs.

“In the world of Naruto, is there legitimacy and illegitimacy?” asked the Judge. “Are Naruto’s offspring ‘children’, as defined by the statute?”

Monkey do, monkey sue it seems when a monkey makes made a monkey out of the shot of which every photographer dreams.

That being the case, you can most certainly sue your dentist. You can sue anyone for anything, really. It just has to be a reasonable case and a reasonable case against a dentist can only be for negligence. Not that the cd you brought didn’t play properly through the earphones, or that the mouthwash was far too minty and ruined the taste of $6 coffees for days.

A quality dentist doesn’t have to worry about such things is a reasonable assumption. Still, the unexpected can happen in the dental chair. Why not. It’s life.

Getting compensation from negligent dentists is easy whe significant harm of at least 5% of whole person impairment has been suffered, under the assessment of national body guidelines.

Below standard treatments can, and have happened; inadequate training always has the potential to cause permanent or longterm injury. As the direct result of a dental malpractise you are most certainly legally entitled to compensation, and you are constitutionally entitled to exercise that right.

One would trust to never be in that postion. Permanent nerve damage, altered speech and/or taste, damaged bone structure, jaw deformites, ongoing disease or severe psychological trauma are the injury cases that win.

Surely no amount of money can be worth that, especially when it happens in a dentist’s chair. It’s already a place nightmares which is why dentists sometimes have a case against vexatious litigants.

You cannot sue because the dental nurse didn’t extract fluid quickly enough or that the fees were too high, that it was painful, or that the staff spoke rudely to you when you had a mouth full of medical packing.

Dentists are governed by a code of conduct with regulated practice registration.

Choose a dental clinic with high ethics and avoid problems with macaques and Minoltas.

We’re all for animals having fundamental rights, absolutely  –  but the fundamental right to act like a monkey’s arse is something only a human can think of doing.

10 Most Litigious Countries in The World

When you think about the 10 most litigious countries in the world, many people would immediately think of the United States of America (US). However, the Land of the Free only comes in at number 5. Germany is the top nation in the world for litigious behaviour. Sweden comes in at number 2, Israel is at number 3, and Austria number 4. The field is rounded out in this order: The United Kingdom (UK) at number 6; Denmark at number 7; Hungary number 8; Portugal at number 9; and France at number 10.

Top Global Litigious Business Environments

According to the Norton Rose Fulbright’s 2015 Litigation Trends Annual Survey, which was conducted by Acritas, respondents in the USA did report a more litigious business environment than their peers located in other nations. The President of the US, Donald Trump sets the trend in this regard. Figures indicate that 55% of US businesses had more than 5 lawsuits filed against their companies in the previous 12 months. This compares with 23% of companies in the UK and 22% of companies in Australia. In the UK, cross-border disputes are on the increase, with regulatory legal disputes featuring prominently. 48% of respondents in the UK had been involved in litigation involving these issues.

Litigious Behaviour in Australia

We cannot deny that we live in an increasing litigious world, where more and more people are choosing this pathway to sort out their disputes. This can be clearly seen with compensation litigation having expanded even to the most remote city on the planet in Perth, Western Australia. According to US management liability specialist, Kevin LaCroix, he claims that Australia is probably the second most litigious country in the world. LaCroix was a keynote speaker at an Australian Professional Indemnity Group’s conference in Sydney in 2016.

Lawyer Numbers Per Capita

It is interesting to look at the data concerning lawyer numbers in a selection of nations globally. In the USA there is 1 lawyer for every 300 people. In Brazil it is 1 lawyer per 326 people, in New Zealand 1 lawyer per 391 people, in Spain 1 per 395 people, the UK 1 lawyer per 401 people, Italy 1 per 488, Germany 1 per 593, and in France 1 per 1, 403 people. Although, the correlation between more lawyers and higher rates of litigious behaviour are not absolutely clear cut, there is definitely a relationship. What is crystal clear, is that compensation lawyers will not be wasting away due to lack of work any time soon, globally.

Juries Susceptible to Bribery and Blackmail

If you think that jury tampering and bribing jurors only happen in telenovelas, movies and fictional books, you should probably think again. In fact, there are a lot of news stories about guilty parties, crime syndicates and popular figures in politics and the society who have been found guilty of bribing judges or blackmailing jury members. Usually judges and jurors are bribed with money, political favours, and one night stands with women you see on sites that feature live girls online, among other things.

In Canada, a woman was convicted for trying to bribe a juror member. According to reports, Erica Levin, the wife of a psychiatrist who was being indicted for three counts of sexual assaults, offered money to one of the jurors. In return, the juror should vote for the acquittal of Erica Levin’s husband.

Bribing and Blackmailing in the Justice System

Based on the California Penal Code section 92, bribing a judge or a juror is only considered as a pay off if a person offered something valuable to the judges or jurors. In return, these people will make a judgment that is favourable to the person who bribed them. On the one hand, blackmail is somewhat similar to bribery. The only distinction is the methods or means of doing it. When blackmailing judges or jurors, there are threats involved.

According to the WND.com, the last federal judge accused of accepting a pay-off was Judge Alcee Hastings. He was the judge for the U.S. District Court for the Southern District of Florida. Even if Hastings was impeached from his post, he was never sent down for it. In fact, he even got elected as a congressman.

Given that the judges and jurors hold the life of people who are being charged with something, they become the primary targets of briberies and blackmails. Since the primary goal of trials and court cases is to give a fair, honest and impartial ruling, cases of briberies and blackmails must be dealt with force. More so, preventive measures must be instituted in ensuring that jury members will not be blackmailed by anyone. For instance, instigation of bribery in the judiciary can be shunned if strong penalties will be implemented for those who will break their duties.

Health Tests for Jurors

Jurors play a very important role during trials and without them the court will not be able to make accomplish their objective. These individuals work hand in hand together in becoming part of the court itself. This is the reason why before one becomes part of the jury, they must pass a number of tests in order to become eligible for the service. One of these tests includes the examination of each and every one of the applicants health. Let us explore the health tests jurors must pass before they are accepted for jury duty.

It should be noted that jurors are usually selected among the list of the electoral register of a constituency within the court’s jurisdiction. As mentioned earlier, before they can be included in the pool of potential jurors, they need to be mentally or physically fit to be able to carry out the duties of a juror. In addition, the person needs to have an adequate command and understanding of the English language which will allow him or her to properly carry out their respective duties. These individuals will be doing quite a lot of reading and listening in and out of the court making it necessary to have such comprehension.

Minor disabilities such as hearing problems can be relieved with the help of a few court adjustments. For instance, hearing induction loops is what most courts have today and these are known as a special type of sound system for use by people with hearing aids. As a result hearing problems oftentimes is not strong reason to avoid jury duties.

There is however health concerns that makes applying for jury duties almost impossible. One example of this is with regards to the dyslexia.  Characterized by trouble with reading despite normal intelligence, dyslexia, also known as reading disorder that affects young and old people alike. Among the list of common issues include the difficulty in spelling words, reading quickly, writing words, pronouncing words when reading aloud and understanding what one reads

As mentioned earlier, in order to be eligible to serve on jury, one needs to have a solid reading comprehension. This becomes quite problematic in the case of a dyslexic individual as this cases him or her to have severe reading problems is considered unfit to serve on a jury. The court conducts dyslexia testing that is include in their health examination. If the results are positive, a person has a huge likelihood of being excluded in jury service.

The disabled community was able to take a huge load off their backs with the emergence of the Mental Health (Discrimination) Act of 2013. This aims to help these individual relieve themselves from jury duties. Furthermore, the Mental Capacity Act of 2005 deems a person who lacks capacity to serve as a juror disqualified from service.

Being one of the jurors can be both an exciting and rewarding experience to participants. With that being said, this is not all fun and games especially since their job needs to be taken seriously at all times. As a result, people are advised to apply to jury duties only when they feel they are able to perform these activities at any given time when the need calls for them to do so and furthermore without any reservations.

The Changing Face of Justice: Marketing the Law

Governments & legal guilds are loosening the restriction on how lawyers market themselves in Australia & other Western nations. This in turn led to a number of opportunities for practitioners to have their services to have the much needed visibility it deserves. The developments that happened over the past few years resulted to the changing face of justice. Let us look at how law is being marketed today.

Before we dive in how law is marketing today, it should be noted that the Legal Profession Uniform Law 2014 did not include the prohibition on advertising personal injury legal services that had existed in the now repealed Legal Profession Regulation 2005. This is the reason why unlike other professionals, lawyers are restricted from advertising freely by their governing bodies. On the other hand, Barristers are restricted by the rules of the Bar Council while at the same time the Law Society’s regulations on solicitor advertising are more liberal. For that matter, the Competition Authority published even published a report about competition in the legal field, concluding the legal profession urging the need for a reform to happen. Change was needed due to the fact that competition was severely hindered by many unnecessary restrictions and the removal of these restrictions was vital for the consumers to benefit from greater competition in legal services.

Fortunately in May 2008, the Bar Council took some heed of this report and changed the rules regarding advertising for barristers. As a result, through the Bar Council’s website barristers are now able to advertise themselves by placing certain information within them. On the other hand solicitors face many restrictions in place limiting the manner and content of the advertisements even though they are not barred from advertising. The Competition Authority has also deemed these restrictions unnecessary in its report which is good to hear.

As of today, advertising for legal services has become more open and accessible to a huge number of individuals. As a result, clients will be able to find legal aid at any given time when the need calls for them to do so. It is all about marketing within the law and that is currently changing just about every year. With that being said those who looking on advertising as a means to promote their business will need to take a few considerations to help them avoid having problems with the authorities in the future.

Ads that are in bad taste or are likely to bring the profession into disrepute are prohibited by the solicitor advertising regulations. The same can also be said with regards to advertising for personal injury damages which is strictly restricted. The location of where the advert will be posted is also something that needs to be taken into considerations as well. Advertising on the back of buses or next to death notices is very much illegal to solicitors. This is due to the fact with the number of complaints people have been receiving about an ad on the roof of an ambulance and the one in a funeral home. Furthermore, the use of cartoons, dramatic or emotive words or picture is prohibited and the same can also be said when referring to calamitous events, such as train, bus crashes or other similar incidents.

Jury Tampering: What’s on Offer?

Probably one of the most famous cases of jury tampering involves actor Tom Hanks. According to The Daily Mail, the Forrest Gump star was serving his jury duty for a domestic violence case when the ‘alleged’ jury tampering incident happened. The lawsuit made headlines not because of the defendant or the accuser, but because of Tom Hanks. TMZ reported that the Hollywood star was engaged in a ‘conversation’ by a woman who works for the Los Angeles City Attorney’s Office. The said lady approached Hanks and thanked him ‘for doing his civic duty.’

There are also much publicized jury tampering incidents mainly because of the accused and the nature of the crime. That being said, how does jury tampering transpires?

Jury tampering is described as attempts to sway jury members through bribes in the form of money, escorts or celebrity sex; threats; and disallowed conversations. One of the not-so-unusual circumstances is when a lawyer involved in an ongoing case discussed the lawsuit unknowingly in the presence of a member of the jury. Here are more examples of jury tamperings in the United States:

1. The Steven Avery Case

Just recently, Netflix streamed a ‘docu-series’ of the case of Steven Avery. If you’re following the show, then you’d know that it’s not the first time that Avery was tried and convicted ‘for something he did not do’ or so to speak. In the light of the recent docu-series, ‘evidences’ have come up that the case was goaded with vendetta alongside police corruption and whatnot. Jury tampering speculations have sparked when Sheriff Pagel, one of the star personalities of the case, was present at the dinner of the juries in a restaurant. It was said that this instance ‘have undoubtedly’ influenced the jury’s decision.

2. Charles Ng’s Court Proceedings

Charles Ng, then-US Marine, was accused of 11 counts of murder for his sex-and-torture murder rampage in the late 1990s. Although there was no involvement of threats or briberies directed to a juror, Ng was said to have called a jury member which is a violation of the jury’s conduct.

3. Henley’s Drug Case

Darryl Henley was a former NFL player. He was indicted for drug charges and was later on found guilty of the accusation. During the trial, Henley was alleged to have played a role on bribing $50,000 to jurors for their not guilty votes.

The Dangers of Sitting on the Jury: Physical Tension

Usually, when we consider the dangers of doing jury duty, we think about the threat from organised crime and malevolent psychopaths. Many of us baulk at the task of sitting in judgement upon our fellow human beings and fear some form of reprisal. However, a more immediate danger is the unhealthy nature of all that sitting for hours at a time in stressful circumstances. There is tension in the air when you are carefully concentrating on important evidence and you are being reminded by lawyers and judge to really listen.

The Dangers of Sitting on the Jury: Physical Tension

Someone’s life could be at stake; their liberty may well be on the line. What if you make a mistake? What if you get it wrong? The pressure is building hour after hour, day after day. You cannot share anything with family or loved ones, you are alone with your burden. The burden of justice. How will you cope? Your muscles will tighten and joints stiffen under the sustained duress of the onslaught of important, no vital, information. “The devil is in the detail!” Have you heard that expression before? It means that evil can hide in the fine print, in those complicated legal arguments that the defence or prosecution is making.

Courtrooms need an osteopath, or two, or a team of physical therapists to relieve the stress on the members of the jury. Will justice be served by the suffering of twelve good men and women? As they cramp on their bench, twitch with the tension, and every joint cries out to be massaged for the good of Athena and her scales of justice. Weighing the souls of those on trial can be strenuous work. Heavy lifting on the metaphysical realm and their duty can be onerous on more than one astral plane.

The dangers of sitting on the jury: Physical tension is only the beginning really. What about all that guilt, if you think that you might have got it wrong and convicted an innocent person. Sent a victim to the gas chamber or to prison for the rest of their lives. To death by lethal injection for something they never done. A miscarriage of justice can derail a juror’s life, send them spinning into an oblivion of unforeseen consequences. So, pity the juror and lend them a hand with some healing attention. Massage away the horrible tension, relieve the stress, for Athena’s sake.

Can You Sue Your Health Practitioner?

Of course you can sue your health practitioner, in the States it is almost di rigour to do so. In other nations, like England and Australia, it is fast catching on as well. Doctors are not inviolable, neither are they perfect, nor omnipotent or omniscient. I have laboured that point somewhat because we have been brought up to think so. The majority of us whenever we someone in a white coast we go down on one knee, metaphorically speaking. A hundred years of MD and GP PR has seen us all OTT with unreserved gratitude for good doctors and the role they play in our societies.

Can You Sue Your Health Practitioner?

That is not to say that there are not a good proportion of conscientious and well-meaning medical doctors out there. There are, as in everything, some not so fine examples of the profession in existence as well. This goes for all your healthcare practitioners, be they surgeons, chiropractors, psychiatrists, and the myriad of different types in-between. People make mistakes, and despite protestations by some grateful parents of sick children who have been cured, and some clients themselves, they are just people. Albeit highly trained healthcare professionals as well.

I say it again, ‘people make mistakes’, and in this highly litigious time we live in, we demand that people pay for those mistakes.  It is an age which trumpets a high standard of accountability, or put another way, we like to blame someone whatever the situation. If chiropractic treatment for back pain ends up crippling you or making it much, much, worse, then you can sue that practitioner, and as a member of his or her official association that chiropractor will be insured to cover your legal suit and damages if it is successful.

Injury compensation cases against doctors are similarly covered by their membership to their association in the instance of alleged medical malpractice. Which is why these memberships are compulsory and cost their members a substantial annual fee. The system protects the healthcare practitioners, and you, through this indemnity insurance. Which is another reason why it is more dangerous to seek healthcare from unlicensed and un-indemnified practitioners. Lawyers are more than happy to take on injury compensation cases when they see valid grounds to prosecute them on your behalf. Often, they offer a no win no fee basis, but remember in this situation if they do win they take something like a third of your fee, or whatever has been originally negotiated prior to taking your case.

The Jury Selection Process: A Job or a Duty?

Jury duty may seem to some a bit of a doddle, but just because you are sitting down most of the time does not mean it is not onerous. It may not be immediately physically demanding, it is, however, mentally and emotionally demanding. It is almost impossible not to engage with what is happening for the accused. The whole structure and set up of jury duty forces you to confront the guilt or innocence of the man or woman in the dock. Their life is on the line and it is, in part, in your hands; only a psychopath would not feel that.

The Jury Selection Process: A Job or a Duty?

You need to be paying attention at all times to the arguments and evidence being put forward by both the prosecution and the defence. You cannot miss a minute! You need good hearing and a clear head. Most often the juror will put himself or herself in the position of the victim and of the accused to imagine what it is like and to try and understand the motivation and rationality of the various arguments. It’s more gruelling than working as a cleaner, let me tell you, I know from experience.

It is definitely a duty and it is rarely easy, especially if it is a long drawn out trial. The sustained pressure and stress you can feel as a juror is not readily imagined by most people. Usually in life we are only really looking out for members of our immediate family. Suddenly, you are thrust into the midst of a collection of very intense people and they are looking to you to concentrate 24/7. They are expecting that you will deliver justice and the weight of those scales can bear down upon you.

If you are caught up in a long trial, these people, these fellow jurors can become like a surrogate family, with all the dysfunctionality that accompanies most families at various times. On a twelve-person jury there will be several people you identify with, that you most probably agree with, and may even empathise with. In much the same way, there will be several jurors who you just can’t stand, who really rub you up the wrong way, and who you vehemently disagree with. This is reliably true in any group of twelve people whatever the circumstances, but it is intensified in this pressure cooker atmosphere. Do your duty and then get the hell out of there. It isn’t usually pleasant, but it is an integral part of our justice system.

Debt Collection Legalities: What Can Or Can’t Be Done?

Debt-Collection-Legalities-What-Can-Or-Cant-Be-Done

Debt issues can be hard to manage, as you find yourself falling behind on monthly bills. Getting a call from persistent debt collector makes it more stressful. A debt collector could be the service provider collecting the debt or a debt collection company acting on the creditor’s behalf. If you don’t contact your provider or you refuse to respond to them, a debt collector may contact you. If the debt remains unpaid, the creditor can proceed with legal action against you. Take action quickly to avoid the situation getting worse. You could end up with a bigger debt, you can lose your home or possessions or you could end up paying money you don’t really have to pay.

A debt collection company make a business of getting debts paid. They may pursue you persistently to demand payment. If you are dealing with a debt collection company, it is important for you to know your rights.  Learn what can or can’t be done by debt collectors to help you deal with them and get protected for their approaches to debt collection.

The Fair Debt Collection Practices Act (FDCPA) protects consumers from illegal debt collection activities of debt collectors except creditor’s in-house debt collectors. This federal law governs debt collection for personal, family and household debts like personal loans, credit card loan, car loan, past-due utility bills, student loans, medical and insurance debts, bounced checks, and unpaid legal judgments against you. You can use your knowledge of these laws to protect yourself from harassment. If the debt collector violates the law, you can use the violation to negotiate better settlement or file a complaint with the Consumer Financial Protection Bureau or sue the collector.

What can debt collectors do?

Debt collectors  can contact you in different ways, by phone, email, social media, letter or personal visit. There is no need for personal visit if there is a repayment arrangement made over the phone, letter or email. Debt collectors can use email, social media or digital technology to contact you, but it must not be shared with another person or viewed by anyone except you. Debt collectors can only communicate  with you to:

  • Provide information about your account
  • Make demand for payment
  • Offer account settlement or alternative payment arrangements
  • Review existing arrangements
  • Explain legal consequences of not paying
  • Explain restrictions or disconnection of your utilities
  • Find out why you are not responding to contact attempts
  • Find out your reason for not keeping the agreed repayment plan

Debt collectors are only allowed to contact your lawyer, your credit reporting agency and the original creditor. Collectors can also contact your spouse, parents if you’re a minor and your co-debtors to find information about your whereabouts.

Illegal Debt Collection Practices
Debt collection companies cannot do any of the following to collect a debt from you:

  • Call you at inconvenient time, before 8:00am or after 9:00pm unless you tell them to do so.
  • Call you on a Sunday
  • Contact you at work if your employer does not allow you to be contacted during working hours.
  • Get in touch with your employer about your debt, unless it’s a past-due child support
  • Contact your relatives, friends or neighbours about your debt in order to embarrass you into paying
  • Use postcard or envelope that clearly indicates the debt collector’s purpose
  • Use letter or envelope like the government agency or the court.
  • Order you to accept calls from them

Harassment
Debt collection companies cannot engage in conduct that can harass, oppress or abuse you. They cannot:

  • Call you repeatedly during relatively short period of time, this can be considered harassment
  • Call you without identifying the bill collector
  • Use obscene or abusive language
  • Use or threaten to use violence
  • Threaten to harm you, your reputation or your property
  • Publish your name as a person who doesn’t pay debt

False or Misleading Representations

  • Claim to be a law enforcement agency that is connected with federal, state or local government
  • Claim to be a lawyer or the communication is from a lawyer
  • Claim that you’ll be put in prison or your property will be taken
  • Communicate false credit information
  • Threaten to take action that is not intended to be taken
  • Falsely claim you’ve committed a crime
  • Threaten to sell your debt to a third party
  • Send you a document that looks like a court order
  • Use a false business name or claim to be employed by a credit bureau

Unfair Practices

  • A debt collection company cannot engage in any unfair method to collect a debt from you. They can’t:
  • Add interest, fees or charges that is not included in the original agreement
  • Collect more what you owe
  • Deposit postdated check prior to the date on the check
  • Accept postdated check by more than five days unless they notify you in advance
  • Solicit postdated check to threaten you with prosecution
  • Threaten to repossess your property

It is important to know your rights so you won’t be intimidated by debt collectors. Stand up for your debt collection rights and don’t allow them to harass you with unfair and illegal tactics. If you receive notice that you are being taken to court, get legal advice as soon as possible. Don’t ignore the notice but take action immediately. Get advice from financial counselor to know the best option available for you is. If the debt collection company break any of these rules, feel free to report them to your state attorney general’s office, the Consumer Financial Protection Bureau or the Federal Trade Commission.

Betting On Legal Outcomes: On A Mobile Near You

One might think that betting on the outcome of a murder trial may, perhaps, be illegal, but you would be wrong. The Oscar Pistorius retrial in South Africa has an Irish corporate bookmaker Paddy Power taking bets on the outcome. It seems that many of these corporate bookmakers are beyond the reach of the law, as they operate in international waters, so to speak. There have been calls from women’s groups to have the ads promoting this bet banned, but at this stage nothing has happened.

Betting On Legal Outcomes: On A Mobile Near You

Murder trials, in particular, have always captured the public’s taste for revenge and spite. I imagine that communities have been betting on legal outcome for literally thousands of years. The Greeks and Romans would have, for sure, in ancient times bet on the results of trials happening within their cities. Bookmakers will take bets on just about anything. The law is only really concerned with there being any undue influence being brought to bear on a legal outcome. So, get ready to see more markets being framed on juicy murder trials and the like.

The only thing holding certain corporate bookmakers back from more activities like this in the legal sphere is the bad publicity from interest groups connected to things like crimes against women, as in the Pistorius murder trial. Oscar Pistorius shot his girlfriend dead and claimed that he thought that she was an intruder. Negative campaigns against high profile corporate bookmakers could damage their public profiles, which could then lead them to losing marketshare and/or their licenses, based on bringing the industry into disrepute. Also, angering the legal profession and judicial industry may not prove to be a sound long-term strategy for any corporation.

The Paddy Power promotion offering odds on the outcome of the Pistorius retrial may be the forerunner of more of this kind of thing or it may be a one off. It can be viewed as a normalisation of a callous and disrespectful stance towards the legal system in the West. It sends the message that the legal system is no longer sacrosanct, but, rather, is open game for recreational gambling. It belittles both victim and perpetrator in something as serious as murder or manslaughter. As Paddy Power operate in the United Kingdom, turning over revenue in excess of eight hundred million Euros annually, they may feel that South Africa is a long way away and their actions are cavalier because they predict no backlash in their own backyard.

The Digital Jury: Online and Global

There are discussions, happening within governments and the judiciary, as to the relevance of juries in the twenty first century. Are twelve good men and women, which used to be ‘twelve good men and true’ prior to women getting things like the vote and places in the judicial system, still necessary to the workings of justice today. The roots of our judicial system go back to the times of ancient Greece and Rome, some two and a half millennia ago. In Athens and Rome citizens would vote on the guilt or innocence of those being tried.

The Digital Jury: Online and Global

We in the West have been voting on juries in much the same way ever since. The argument in legal circles has centred on situations where jurors, having no specialist knowledge, being asked to sit in judgement upon highly complex cases which really demand extensive background information and training. The jury is the only democratic part of our judicial systems, the rest being run by an exclusive elite in lawyers and judges. When considering the impact of technology upon the legal system we have seen in-camera trials using video screens. Could the digital jury be the next step?

The trouble with digital technology and the online realm through social media has already become a thorn in the justice system’s side. Leaving jurors at home to decide on the merits or failings, guilt or innocence, of differing sides in a legal dispute only really compounds the problems of restricted information findings its way into the public sphere. The technology, like procedure and compliance software already exists to make a digitalised jury a working reality. I can see it having a ready-made purpose in international trials where individuals can give evidence from their own countries, without the expense and hassle of travelling to another country.

An online digital presence in these circumstances could be very useful to the economical workings of justice. Similarly, this could work within countries, affording witnesses the chance to give evidence without leaving their homes or states. You could still lock-up jurors and witnesses within their own homes or at specially run institutions to prevent them from releasing restricted information until the trial was over. The debate continues as to whether this lock-down on courtroom evidence is really necessary in the twenty first century. The diffusion of influence through the continuing demise of traditional media platforms makes an argument for the dropping of the jury black-out.

Staying Off Social Media: Challenges and Temptations

Many of us have witnessed the trouble that sporting and entertainment celebrities get into via social media. It seems that some people have a problem with staying off social media. Similarly, jurors are at risk of derailing justice if they defy instructions and share restricted information with friends and family via social media. Trials must be free from undue influence; they must exist within a bubble where only those taking part in the courtroom action are privy to what is going on. The instantaneous and open nature of digital communication makes it unsuitable for the arcane world of the legal system.

Staying Off Social Media: Challenges and Temptations

It is hard not to imagine that in reality wives and husbands do discuss the merits of a case when one of them is on jury duty. For some people, the temptation is just too much and they value their relationships more than the judicial system. If this restricted and sensitive information remains within that marriage bubble it probably does no real damage. However, if that information moves outside of that tryst through the loose lips of a spouse or partner to work friends, then things are looking rather shaky.

Social media serves the exchange of free information very well; it is an excellent news channel. The goings on inside of a courthouse is not free information, it is restricted information; and the participants within the trial must be protected from undue outside influence. Loose lips sink ships, as the old wartime cliché used to warn its community members. In much the same way, the good ship justice will be torpedoed by the free exchange of information pertaining to the guilt or innocence of those being tried.

Just imagine the Twitters and Facebook rants if the wider community had access to this highly sensitive information. Wikileaks would like to see the entire legal system an open book online I would imagine. Pinterest and Instagram could show pictures of child sexual abuse to their global audiences. Everything would then be trial by public opinion. Democracy at its finest mudslinging mob inspired vitriolic best.

The judicial systems in the West are not perfect, and they may seem old and outdated to those who have not really thought things through. The mob are not by nature deep thinkers, they lurch from one presumption to another. Lawyers and judges are members of an exclusive elite who argue and sit in judgement upon the transgressions committed by community members; they are specifically trained to do so. Jurors are not even amateurs, because they do not do it for the love it. They are conscripted into the service of the judicial system on a case by case basis. Democracy has no place within our legal system, excepting when the jury votes.  Social media black-outs must continue for jurors, if we are to protect the sacrosanct nature of the law.

Can Being a Juror Destroy Your Life?

We have all seen the movies where jurors are asked to sit in judgement upon their fellow human beings and the dramatic struggles they have endured through this process. That old saying about not throwing stones if you live in glass houses comes to mind. When asking the question, can being a juror destroy your life? I would answer in the affirmative. Being asked by the state to judge one of your peers is a situation fraught with inherent dangers. I would not go lightly into such a position. Justice is the bearer of a very sharp sword, along with those scales she carries to weigh the merits and failings of those who are judged.

Can Being a Juror Destroy Your Life?

Starting with the basic necessity of having to take time off work and, perhaps, away from family can be a huge burden for some individuals. This, however, is the price we all must pay for a judicial system which is there to protect us through the prosecution of transgressors. In some instances, the instruction not to discuss the case sub judice with friends or family can be a wedge within existing important relationships like marriages. Some people share absolutely everything with their partners and not to do so can feel like a betrayal for them.

Then there are the jurors who can become traumatised by exposure to shocking images and narratives, and who can become burdened by responsibility, and also burdened by guilt about their verdicts. Think of child pornography cases and sexual abuse trials. Exposure to these vile images can leave life-long scars on certain individuals. Mothers with small children and sensitive people of all ages and gender may regret their participation. Extreme violence and the resultant physical damage upon the victims can also negatively affect certain people for years afterwards. Stress-related issues such as impotence have been linked to intense exposure to stuff like this.

Can being a juror destroy your life? What about the juror who is caught amid conflicting verdicts within a jury group and the pressure involved in that? Group dynamics can be very cruel in these situations. Then there is the fear of jury tampering by organised crime figures and the perceived danger to families and friends. Threats made to jurors when the system breaks down and fails to protect the juror. Yes, a juror can have his or her life destroyed in these life threatening circumstances. What price integrity?

 

 

Jury The Biggest and Most Powerful Law Enforcement Agency in USA

The fully informed jury is the biggest and most powerful law enforcement agency in the United States. It has “absolute, non-neogtiable power to ignore laws, keep people out of prison, ignore judges and prosecutors, make any jury trial come out the way they want, and make our government honest”.* My goal is to inform 1,000,000 citizens about their rights and obligations as jurors. You can help me achieve this goal.

My name is Alexander Navarro; I am a Boy Scout with Troop 13, in Queensbury, New York. I am currently working on my Eagle Project for the Eagle Scout rank, the highest rank in Boy Scouts.

A fundamental requirement of an Eagle Project is community service. JurorsRule will do this by educating people about their rights, duties, and powers as potential jurors. Such powers are not explained in the States’ Jurors’ Handbook, and are rarely explained by a judge during court. (See What Judges Don’t Tell Juries)

Another requirement of an Eagle Project is to get others to participate by delegating various activities to them. This is where you come in, and you can help with my project in two ways:
1) Answer the Juror Questionnaire and read the ABCs to Juror Rights.
It will take about 5 minutes to complete both. This part will help improve the justice system of America by making potential jurors more informed of their duties before they sit on a jury.

2) Send this site to as many friends, family, and American citizens as you know.