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Montgomery Legal Blog

Negligence must be proved in medical malpractice claims

Alabama assisted living facilities and nursing homes are not just residential holding quarters for incapacitated elderly citizens. They are also medical providers who are relied on by the residents  and their families to provide professional care that does not fall below the minimum required standards. When a nursing home employee or administrator provides negligent medical care that results in personal injury or death to the resident, a claim for medical malpractice damages accrues either to the injured person or to his or her estate in the event of that person's death.

A recent example occurred in another state where court documents indicate that several people filed lawsuits against an assisted living facility. In one case, suit was filed by the estate of a deceased resident who was killed when she was riding in a vehicle with three other residents. The driver is alleged to have been the owner of the assisted living facility. The complaint alleges that he was the cause of a car accident that killed the resident, and that he and the facility are liable for wrongful death damages.

How do you know if you are a victim of med malpractice?

It is natural and critical to have confidence in your healthcare professionals, after all, they are working diligently to make sure you are as healthy as you can be. Health care is not easy though, not every ailment has an easy fix and sometimes diagnosing a problem can take time and testing. This is when mistakes and problems can arise.

Unfortunately, errors in the medical field that lead to injury are very common. So common, that a recent study estimated there were about 250,000 deaths each year in the United States from medical malpractice. This number places medical malpractice as the third leading cause of death in the United States behind heart disease and cancer.

Alabama man facing drug charges and stolen property accusations

If Alabama police officers show a validly signed warrant that grants permission to search a particular residence, the person living there must allow them to do so. Such situations often lead to arrests, if the officers suspect that a crime has taken place. A man who was recently paid such a visit by police is now facing drug charges and has also been accused of stealing a truck.

Suppose a vehicle that has been reported stolen is parked on a person's property. This fact alone does not necessarily mean the property owner is the one who stole it. Someone else could have taken the truck or car and left it there.

Car accidents caused by drunk drivers kill the innocent

Alabama drivers are surely aware that it is against the law to drive while under the influence of drugs or alcohol. Unfortunately, some people choose to disregard the laws that are meant to keep innocent people safe. When this happens, car accidents caused by people under the influence can kill. 

Recently, a young Alabama man, who by all accounts was destined for great things, was driving home. His vehicle was hit by another, driven by a man who had consumed drugs and alcohol prior to getting behind the wheel. The impact was so severe that the young man's vehicle spun out of control. 

Car accidents: a parent's worst nightmare

Alabama parents may have children who are nearing adulthood. As teenagers gain a certain level of independence, parents can only hope no harm befalls their children as they venture out on their own. When a teen gets a driver's license, it is cause for celebration, but parents know there is always serious risk of car accidents

Recently, a teen driver was making his or her way down an Alabama road with several teenage friends in tow. The vehicle full of teens was involved in an accident with another vehicle. The crash was serious, and everyone in the teen's vehicle was killed. 

Man filed medical malpractice suit after botched procecure

When it comes to medical procedures, Alabama patients must place their trust in doctors and nurses to take care of them and do a good job. Sometimes, a procedure does not go as planned. In a recent case, a man's medical team realized there was trouble, but decided not to ask for help. The end result left a man to pick up the pieces of his shattered life, and he's filed a medical malpractice suit.

The ordeal began when an Alabama man went to a doctor he trusted to have a circumcision done. The doctor ran into some difficulty during the procedure and had the opportunity to ask another doctor on duty what should be done to remedy the situation. Rather than do so, the doctor continued despite the risk, and instead of a successful circumcision, the patient's genitalia were amputated. 

Do you suspect your child sustained a birth injury?

One of the most common birth injuries in children sometimes goes undetected until a child is in pre-school. Cerebral palsy, a condition that affects motor functions, is currently the most common disability affecting young children.

According to the Center for Disease Control and Prevention, one in every 325 children will be diagnosed with cerebral palsy. However, around 1,500 children each year do not receive a diagnosis until they are between ages three and five years old.

Car accidents claim pedestrian lives

Alabama drivers probably do their best to drive safely, obeying traffic laws and keeping a watchful eye out for pedestrians, especially small children, as they drive. Children are usually much smaller than adults and may not exercise caution near the road, so drivers must remain alert to avoid car accidents. One child recently lost her life and, sadly, was killed while running from potential danger. 

The tragedy came to light when Alabama police responded to reports of gunshots heard in a local neighborhood. Officers rushed to the scene. Upon arrival, they discovered the body of a 14-year-old girl in the street. At first, officers were unsure what had caused her fatal injuries. 

Visitors to jail may face drug charges

Alabama residents may have been in a position where they needed to visit a friend or loved one who is incarcerated. Visitors to most jails and prisons are subject to metal detectors and searches of their person and belongings. Though many visitors may prepare for these security measures ahead of time, they may not realize that they may face drug charges if the vehicle they rode in is searched. 

Recently, a woman got a ride to visit a person in an Alabama jail.When she arrived, the vehicle was searched by prison security. Though the vehicle did not belong to her, and she was not even driving, she was hit with drug charges after a controlled substance was allegedly found in the vehicle. Investigators did not reveal why they suspected the drugs belonged to the woman accused. 

Local business owners may prepare criminal defense

Alabama residents may live in the sort of neighborhood where small businesses still thrive. Many of these businesses are owned by members of the community, and people choose to patronize them over larger chain stores to support their hard-working neighbors. Recently, several small local shops found themselves in some legal trouble, and may now be preparing to present a criminal defense. 

The shops in question are mostly convenience stores. The trouble began when a band of alleged thieves began breaking into larger retailers and stealing tobacco products. Police investigators determined that the thieves were then selling the tobacco products to the smaller shops at a discount price, which is against the law. 

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