Personal injury law: brain injuries

Brain injuries and their consequences are one of the most difficult unsettled problems of modern medicine. They are of paramount importance due to their prevalence and serious medical and social consequences. Typically, the number of people who suffered a head injury significantly increases in periods of wars and years around them. However, in peacetime, due to increasing the level of technical development, injury rates are quite high.

Types of head injuries

Brain injuries are mechanical damages of the brain and skull bones, varied in type and severity. Head injuries are divided into open and closed. When an injury is closed, the integrity of skull bones is not violated, but if it is, the injury is open. Open head injuries can be penetrating and non-penetrating. Penetrating injuries imply damaged brain substance and meninx; with non-penetrating injuries the brain and brain membranes remain intact.

Forensic medical investigation of brain injuries

Forensic psychiatric evaluation of persons in personal injury cases is ambiguous and depends on the stage and clinical implications of the disease. The most complex is expert assessment of the acuity of traumatic disease, because experts do not observe it personally. To assess the mental condition in retrospect, they use medical documentation of surgical hospitals, where the patient usually is sent immediately after getting a head injury, criminal case files and the patient’s description regarding their state in that period. In view of the retro- and anterograde amnesia the information reported by patients is extremely scarce. However, practice shows that in the acute period of traumatic disease serious illegal actions against the person, transport crimes are often committed. The expert evaluation of the victims becomes massively important.

Brain injuries may lead to serious consequences.

Brain injuries may lead to serious consequences.

Forensic psychiatric examination of the victims who sustained a head injury in a criminal situation has its peculiarities. In such case a set of issues is observed, such as
the ability of a person to perceive the facts of the case and to give testimony,
the ability to understand the character illegal acts committed against them,
the ability to participate in the judicial and investigative activities and exercise their right to protection (capacity to sue) regarding their mental state.
In respect of such persons comprehensive evaluation is carried out by the representative of forensics, who state the severity of injuries sustained in the result of the criminal situation in head injuries. If a person got minor injury, he or she can correctly perceive the circumstances of the incident and give testimony, as well as understand the nature and significance of action and to exercise their right to defense with the help of brain injury lawyer.

Injury law: assault and battery

Offences against health appear in their two forms – assault and battery. Originally, these crimes come from English common law and retain its features in the basis. However, in America they have acquired some peculiarities. This is especially true when we are speaking about aggravations by assaults and batteries.

Difference

The distinction between these crimes is drawn by one of fundamental aspect – physical contact of the offender and the aggrieved person. If the accused, for example, waving his fist in front of the latter and threatening to hit him, it is an assault. If the threat turns to action, it is a battery.

According to the common law a slightest touch is enough to reclassify an assault into battery. An assault may be an attempt of a battery and (or) intimidation with causing a battery.

Assault

The criminal codes of different states set different approaches to defining the assault. In some, it is a crime defined as an attempt of battery, in others – as placing someone in the state of reasonable fear of suffering a battery, but more often the two definitions are used. Some of the criminal codes do not define an assault at all, while in many other such provisions either do not exist or an assault in them is delineated as a battery. In the last case, the responsibility for the assault as an attempted battery is considered according to the general provisions of attempted acts. As for the assaults in the form of intimidation, they are usually covered by liability rules for threats or intimidations.

Often the assault results in a battery. However, there are cases when a battery (personal injury) is inflicted without an assault, that is without foregoing threats.

Assault charges should be reasonable.

Assault charges should be reasonable.

Battery

It must be emphasized, that the two terms are rather conventional, especially the term “battery”, as it can mean a variety of actions and inaction as well.

There are some more or less common features of legislation concerning the liability for the battery.

Firstly, the battery are now generally understood in a different way than before according to the common law. For example, the modern statutes prescribe that one touch is not enough for a conviction of a battery. Usually it requires a bodily injury caused by the accused.

Secondly, only a few states have articles about battery in their criminal codes. These include, for example, Wisconsin and California. There are the states, which contain articles entitled “assault” which is a “battery” in fact, or rather, infliction of bodily injury (criminal code of New York). The refusal of many state legislators from using the term “battery” is positive phenomenon, as the term “assault” more accurately reflects the nature of the act.

Thirdly, the legislation of many states divide a battery into degrees, usually three, like in the criminal code of New York, but sometimes a larger number of degrees are described, such as in the criminal code of Kentucky (four).

Nursing home abuse in the USA

More than 1 million elderly Americans live in approximately 16,000 nursing homes now. Due ageing of population these numbers will increase significantly in 20 years. Each state has a Department of Health. This organization is responsible for the safety of all patients who are kept in healthcare institutions, as well as for their protection of any injures and abuse.

Patient protection at nursing homes

When an elderly person is being placed into a nursing home, he/she and his/her family expect that he/she will receive proper care and appropriate attitude.
Negligence in nursing homes, or, to be more precisely, the inability of institutions to meet the needs of their patients, is a problem that exists in all types of nursing homes in every country.

The reasons for negligence in nursing homes

The main cause of negligence in nursing homes may be the influx of corporations in the nursing home industry. In most cases, companies just want to gain profit, and the quality of patient care is neglected. One can observe quite frequently that the owners of nursing homes cut staff to a minimum level and hire less experienced workers who can be paid less. These changes in the industry has a direct impact on patient care. The cases of ill-treatment, abuse and traumatizing patients are more common than ever, as corporate owners try to maximize the profitability of the institution by reducing the quality of care provided to patients.

Signs of negligence in a nursing home

Signs of negligence or poor care in nursing homes are very different. The patient’s family is in the best conditions in order to judge whether the necessary care is given to their relative. Some signs of inadequate care may gradually increase and may not always be apparent during regular visits. Despite this, experts have identified common signs of systematic negligence in nursing homes, which include:
– Separation from family and friends;
– Weight loss;
– Loss of appetite;
– Changes in behaviour, anger;
– Bed sores;
– Dirty conditions.

A mood change is the first reason for concern.

A mood change is the first reason for concern.

Poor care occurs even in the institutions having the best reputation.
Ill-treatment, whether physical or emotional, should have no place in any institution, especially in those where the care for the elderly is provided. Unfortunately, we constantly face mistreatment of the staff, visitors and other patients in regard to our loved ones. And though it is insulting to find out about these episodes, the family should take appropriate measures: this is the right granted by the law. The well-being of other patients of the institutions who become victims of humiliation also depends on measures taken to exposing such behaviour. How can we shed light on these crimes?

You need a lawyer

Family lawyers, specializing in negligence in nursing homes, should help you to find juridicial protection. They cooperate with many healthcare experts, doctors and other lawyers to ensure that the corporate owners will bear responsibility for the ill-treatment, such as:
– Bed sores;
– Recurrent falls;
– Cases when patients leave the nursing home and disappear;
– Medical errors;
– Physical violence and abuse;
– Premature death.

Local Personal Injury solicitor Against Drunk Driving

Personal Injury Against drunk driving are found in large numbers. They are amongst the most experienced attorneys to enable them deal with the hardest cases. Since most drivers are fraudulent while on these cases professional lawyers are required to obtain justice. Drivers are becoming careless as they deal with people’s lives while trying to obtain as much money as possible. In most cases most drivers drink carelessly then without taking off time they get on with driving. In such a case an accident is bound to happen at such a time. Most drivers when caught up in such a situation they deny their allegations and even show false proof.

It is therefore lawyers’ responsibility to detect such fraud and pursue justice. Your success in any case is their priority so no doubts about the results of their case. Their previous results are very outstanding and excellent. personal injury attorney are reliable and very accurate as they have been trained thoroughly.