Lawyers and Law

A living will, also known as an advance decision, provides an opportunity for you to lay out your wishes regarding medical treatment and any medical interventions in the final stages of your life. Living wills can include general statements about your wishes, which aren’t legally binding, and specific refusals of treatment known as advance decisions which are legally enforceable.

At the moment, the law in the UK respects the right of people with capacity to be able to define, in advance, which medical procedures they will and will not consent to at a time when they have become incapable of making or communicating that decision.

Every adult who has mental capacity has the right to agree to or refuse medical treatment. The sorts of treatments usually covered by living wills are artificial feeding, mechanical ventilation, antibiotic therapy and resuscitation. In England, valid advance decisions are legally enforceable under the Mental Capacity Act 2005 and must be followed by healthcare professionals. The Act states that the wishes of the adult should be taken into consideration when acting or making a decision on their behalf.

Like a normal will, you may want to include some personal details and demands. Preparing a living will also provides a good opportunity to state how you might want to spend your final weeks, whether you wish to die at home or in hospital, whether you would like specially chosen music and what sort of funeral you would like. General written statements about your wishes such as these (sometimes called advance statements) aren’t legally binding, in contrast to specific refusals of treatment. However, health professionals do have to take them into account when deciding on a course of action. Family and friends can also use them as evidence of your wishes.

You could also make your views known verbally, for example, when discussing treatment with a health care professional, but having it written down may make things clearer for everyone.

What might an advance /general written statement include?

Your statement could include:

* treatment you would be happy to have, and in what circumstances
* treatment you would want, no matter how ill you were
* treatment you would prefer not to have, and in what circumstances
* someone you would like to be consulted about your treatment at the time a decision needs to be made

It can also include a specific refusal of treatment, which as mentioned above is legally enforceable. A valid advance decision such as this has the same effect as a refusal of treatment by a person with capacity: the treatment cannot lawfully be given – if it were the doctor might face civil liability or criminal prosecution.

To be valid an advance decision needs to:

* be made by a person who is 18 or over and has the capacity to make it
* specify the treatment to be refused (you don’t have to use medical or technical jargon, just describe it!)
* specify the circumstances in which this refusal would apply
* not have been made under the influence or harassment of anyone else
* not have been modified verbally or in writing since it was made

What if I want to specifically include a refusal of life-sustaining treatment?

Advance decisions refusing life-sustaining treatment must:

* be in writing (it can be written by a family member, recorded in medical notes by a doctor or on an electronic record)
* be signed and witnessed (it can be signed by someone else at the persons direction – the witness is to confirm the signature not the content of the advance directive)
* include an express statement that the decision stands ‘even if life is at risk’

If you are writing an advance statement, you should bear in mind that new drugs or treatments may be introduced in the future. So you could, for example, state that you would prefer not to receive certain current treatments but would allow for new treatments.

You should include your name, address, date and signature in the advance statement. It’s also advisable to say you understand what you’re doing and are capable of making such decisions. You may want to get the statement signed by a witness who can say that you had full mental capacity at the time.

What can’t an advance decision include?

You can’t use an advance decision to:

* ask for your life to be ended
* force doctors to act against their professional judgement
* nominate someone else to decide about treatment on your behalf

Living wills and mental capacity

You can still make a living will if you’re diagnosed with a mental illness, as long as you can show that you understand the implications of what you’re doing. You need to be competent to make the decision in question, not necessarily to make other decisions.

It’s best to put your wishes in writing and explain:

* why you’ve made your decision about how you do or don’t want to be treated
* what you understand about the treatment you’re agreeing to or refusing
* why you’re making these decisions now

Who needs to know about a living will?

It’s important that your living will is entered into your medical notes so that in an emergency it is found and acted upon. You should consider sending a copy to your doctor and to any hospital which is treating you, and also send a copy to your nearest relatives. If your living will is verbal, you need to make sure close relatives or friends are aware. In addition, the BMA also suggests that patients who have drafted an advance statement carry a card indicating that fact.
When might my advance decision not be followed?

A doctor might not act on an advance decision if:

* the person has done anything clearly inconsistent with the advance decision which affects its validity (for example, a change in religious faith)
* the current circumstances would not have been anticipated by the person and would have affected their decision (for example, a recent development in treatment that radically changes the outlook for their particular condition)
* it is not clear about what should happen
* the person has been treated under the Mental Health Act

A doctor can also treat if there is doubt or a dispute about the validity of an advance decision and the case has been referred to the court.

Changing a living will and further advice

You should review your living will on a regular basis to make sure you’re happy with it. This is particularly important if your situation changes. You can change or cancel as long as you are able to think rationally and clearly explain what you want to happen. Ideally, put things in writing and destroy old versions.

Although it is possible to write a living will without seeing a solicitor, it is advisable to seek out a specialist in such matters, to make sure that all the requirements and formalities are dealt with properly and efficiently. Seeing a specialist solicitor means that it is more likely that your wishes will be followed in the event that your living will is needed.

Making a decision about whether to keep your home or not when it is in foreclosure is hardly easy. To make matters worse, you only have a limited amount of time to make your decision. However, before you make a decision, you should get all the facts.

If you want to get protection from foreclosure, you can file a Chapter 13 bankruptcy with a St. Louis or Wentzville, Missouri bankruptcy attorney. Besides halting your foreclosure, chapter 13 is capable of stopping wage garnishments, giving credit card debt help, and preventing your creditors from continuing to harass you.

Plus, filing a Chapter 13 isn’t the big risk that requesting a loan modification is. Even one of the larget lenders has left 96% of their loan modification requests unapproved and, consequently, left the homeowners stranded. Chapter 13 is backed by the federal government and gives you protection from being sued, creditors going after your other property, and any other judgments against you.

If you want to give up your home, there are a few different ways you can handle the aftermath. It’s critical for you to know that choosing to keep your home or not is indeed a choice. Saying that you want to “walk away” from your home is not exactly accurate. There could be negative effects from walking away from your home.

If your home is sold at auction for less than the amount of your debt, you will have to pay the balance. For example, if you $100,000 on your home but it only sells at auction for $75,000, there will be a $25,000 deficiency balance. You can, however, get rid of this balance.

Missouri or Illinois Chapter 7 can get rid of your deficiency balance and help you get a handle on the rest of your debt. If you file a Chapter 7, you can surrender your home without the worry of never truly escaping your mortgage debt.

Naturally, you should make the decision that is right for you and your family. Make sure that you know what could happen as a result of any decision that you make.

You can get the best facts by looking for free information from reputable attorneys in your area. A lot of attorneys will give you a free consultations but the great ones in your area will give you free information before you even step foot in the door.

Read more: http://www.articlesbase.com/law-articles/what-you-may-not-know-about-walking-away-from-a-home-in-foreclosure-2312022.html#ixzz0nBXCOJdA
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Magnetic resonance imaging (MRI) machines are highly powerful and useful tools in the medical field. They allow medical professionals to create images showing internal injuries and abnormalities that are not visible from outside a patient’s body. In the past, doctors had no choice but to perform surgery to find an internal problem. Today the process is safer and much less invasive.

Even MRI scans, however, are not without risk. To produce a sharp and clear enough image, patients must be injected with a contrast agent prior to the scan. The contrast agent contains gadolinium, a metal element that helps abnormalities to show up better in the images. Gadolinium can be toxic to humans, but typically it is filtered out through the kidneys before it can cause any harm. If a patient’s kidneys are not working properly, however, the gadolinium may remain in the body and poison the patient.

Gadolinium Poisoning

When a patient’s kidneys are not functional, they may fail to remove the gadolinium safely from the body. Gadolinium has a harmful effect on humans if it remains in the body for an extended period of time. It can cause a patient to develop Nephrogenic Systemic Fibrosis (NSF), which leads to thick scar tissue to develop on the skin, joints, eyes, and internal organs. It can severely injure a patient or even lead to death by restricting movement or leading to organ failure.

Suing for Medical Malpractice

Doctors have a responsibility to review a patient’s medical history and prescribe treatments and scans that will do little to no harm to the patient. If a doctor overlooks a patient’s kidney condition and allows him or her to be injected with a MRI contrast agent containing gadolinium, the physician may be liable for any injuries that result. The patient may have grounds to initiate a medical malpractice lawsuit against the doctor responsible, and may be able to recover compensation for medical bills, lost wages from time off of work, treatment costs, medication expenses, and pain and suffering.

The need for a personal injury lawyer in Nevada arises for many people every day. Injuries that are caused by negligence, recklessness or intentional conduct occur in countless different circumstances, and many people who have been injured are unsure of where to turn for help. Below are some ideas to consider as you begin your search for a Nevada personal injury attorney if you or someone you love has been wrongfully harmed.
Learn about a Personal Injury Lawyer Online

Aside from reviewing the Nevada Bar Association information, you should also search for the attorney online. While Web sites are generally marketing pieces, those that are properly done will provide you with information regarding the personal injury lawyer’s scope of practice, his or her firm in general and other information that will be helpful for you.
Be Thorough with Your Research

Fortunately, attorneys and their practices are generally available to the public. You should be able to find information from the Nevada State Bar Association online that will provide you with the attorney’s history that includes his or her date of admittance to practice law in Nevada and any records of discipline. This is a sound place to start your search as it will provide you with an idea of the quality of the practice that the Nevada personal injury attorney has been providing for his or her clients.
Contact the Nevada Personal Injury Attorney for a Consultation

When you’ve decided on a personal injury lawyer to contact, get in touch with the firm and pay attention to how quickly you obtain a response and how promptly the firm is willing to schedule an initial consultation. Your first consultation should be free of charge, as that is generally the norm with personal injury lawyers in most jurisdictions.
Ask Questions

While it would be wise for you to bring as much information as possible to your initial consultation, as this will only help you obtain more accurate advice, you should also come prepared to ask questions of your own. Examples of these questions include the number of personal injury cases the attorney has handled, the number of cases that settled, the number that have gone to trial and generally what the results have been. You should also ask about the fee arrangement.

In general, you need to trust your instincts when searching for a personal injury lawyer. This person will be working closely with you throughout the process and you’ll need to feel comfortable with the representation you’ll be getting. If you’d like to get stared immediately, contact the Nevada personal injury attorneys at Jack Bernstein & Associates today. The firm has years of experience in holding those responsible for harm accountable, so get the process of protecting and enforcing your legal rights started immediately.

If you have lost a loved one in a car accident, you may wonder whether you can file a wrongful death lawsuit. The answer is, yes, you can. Wrongful death describes any death which is due in whole or in part to the negligence or deliberate misconduct of another person. Although we often talk about car “accidents” the truth is that many wrecks are caused by one person or another, often driving in inappropriate ways that cause or worsen a crash.

Common Causes for Wrongful Death in Car Accidents

If the car accident that claimed your loved one’s life involved any of the following, it might be a cause for a wrongful death lawsuit:

• A drunk driver
• Other driver speeding
• Other driver following too close
• Other driver performed illegal maneuver
• Defective road conditions
• Defective car safety equipment

Some of these may seem minor, but when another driver is speeding, not only is that driver violating the law, they are increasing the danger their vehicle poses to others on the road. A large SUV may weigh 6000 pounds. An SUV traveling at 55mph is carrying 607,000 foot-pound-force of kinetic energy, but at 65 mph that energy jumps to 848,000 foot-pounds-force, almost half again as much.

Who Can File Wrongful Death Lawsuits in Car Accidents?

Wrongful death lawsuits can be filed by anyone who was hurt by the accident. Although the person killed cannot file a lawsuit on his or her behalf, a lawsuit can be filed on behalf of the estate, not only for medical bills and expenses, but if the death included significant suffering, pain and suffering damages may also be sought.

In addition, the surviving spouse and children may file for economic and noneconomic damages in terms of lost wages due to the person’s death and the loss of companionship.

Who Can Be Sued in Wrongful Death Lawsuits after Car Accidents?

A wrongful death action can be pursued against anyone who caused or contributed to your loved one’s death in the car accident. This may include other drivers involved in the accident, people, companies, or municipalities responsible for maintaining the road, and car manufacturers who were responsible for ensuring the safety of the vehicle.

State law determines when a person is considered responsible for your loved one’s death, depending on whether the state follows comparative or contributory negligence models. In a contributory negligence state like Maryland, you cannot recover damages if the court decides your loved one contributed at all to the accident. On the other hand, in states that follow comparative negligence rules, like Tennessee, you can recover damages as long as your loved one’s fault does not reach a certain level. In Tennessee, this is 50% (i.e., your loved one is found to be 49% or less responsible for the argument), but other states have different rules.

In addition, state law determines how each defendant pays for his or her share of the damages, using either joint or several liability laws.

If you are driving a passenger vehicle and become involved in an accident with a large truck, the outcome can be catastrophic.

There are ways you can help avoid a truck accident. Here are a few:

Avoid driving in the truck’s blind spots: When you are sharing the road with a large truck, either pass the truck quickly or trail behind. Lingering alongside a truck can cause you to remain in the driver’s blind spot, where the truck may not see you. Also try to pass the truck on the left, where the blind spot is smaller. Many trucks also have blind spots directly in front of them, which makes it especially difficult if your vehicle sits lower to the ground.

Exercise additional caution in inclement weather and at night: When visibility is poor, all drivers should exercise extreme caution to avoid an accident. Make sure your lights are working and are turned on, and make sure you can see clearly out of your windows.

Do not follow too close behind a large truck: Leave sufficient distance in front of you if you are following a tractor trailer. This will ensure that you remain visible in the trucker’s side view mirrors.

Use caution on entrance ramps: A tractor trailer is unable to stop and slow down quickly. Because of this, be sure to exercise caution and allow plenty of space when entering a highway in front of a large truck.

Routine maintenance: Make sure that you keep up-to-date with all routine maintenance. This will enable you to swerve effectively and stop quickly if you need to. A vehicle that is in good working condition will also give you confidence while driving, if you know that your brakes and tires will not fail.

Report dangerous truck driver behavior: If you see a commercial truck driver who is driving unsafely, aggressively or erratically, record the truck’s registration number if you can safely do so. You can later make a phone call, revealing the time, date, place and behavior, which may prevent a future collision.

Reasons for Truck vs. Passenger Vehicle Crashes

There are many different ways that an automobile accident can occur between a passenger vehicle and a large tractor trailer.

Driver fatigue by either party can lead to decreased alertness and a delayed reaction time, which can cause an accident. A large truck that is overloaded can make the 18-wheeler too heavy and difficult to stop and maneuver. This increases the likelihood of a read-end collision. Defective roadways are a leading cause of accidents involving any type of vehicle. Some of these include:

* Dangerous potholes and drop-offs
* Inadequate guardrails or lack of guardrails
* Trees or vegetation blocking views or signs
* Inadequate road lighting
* Improper signage or lack of appropriate signs
* Road construction hazards
* Bridge defects and bridge collapse
* Dangerous intersections
* Failure to maintain roads or highways

Brake failure is more likely to occur among 18-wheelers, because they can overheat during a downgrade or from stopping suddenly at high speeds. However, brakes can fail in any vehicle, so be sure to keep up with your routine maintenance.

Complex Accidents

When a large truck and a passenger vehicle collide, it can result in serious injuries, even wrongful death. These types of crashes are also more complex than other vehicle accidents as they involve trucking rules and regulations and often call for a more thorough investigation. Be sure to talk to an attorney who is experienced in handling these types of accidents.

Find marriage and divorce records from Maryland in seconds using a free online search. If you are looking to find Maryland Marriage Records or Maryland Divorce Records, you must read this article! Don’t wait any longer – click on the link below to get immediate access to Maryland Marriage Records & Divorce Records

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Using the link above, you can get access to the marriage records of any man or woman from Maryland. These records are controlled by state and local governments and can be nearly impossible to find unless you know where to look. Right now, you can get unlimited access to Maryland Marriage Records for about $20, which is a great deal considering the poor economy. Don’t waste your time asking the government for help – click on the link above and find the marriage records you are looking for in seconds! If you want to find Maryland Divorce Records, please use the link below instead:

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The easiest way to locate divorce records from any American county or state is using a free online search. Once you have found the Maryland Record that you are looking for, you need to pay a small one-time fee to get access to the full divorce records report. If you want to learn about the divorce history of any individual in Maryland, you need to click on the link above and perform a free preliminary search today!

Physical custody and legal guardianship are completely different issues. There are more powers with physical custody than there are with legal guardianship. In order to know what you wish to ask for when it comes to your children, you should know the difference between the two so that you get the results you are seeking.

Here is the difference between physical custody and legal guardianship:

Physical Custody

Physical custody means that you have full rights where the child is concerned. You make all decisions about that child without interference. It allows you to raise the child in the way that you see fit and no one can take that child away from you. If you have physical custody of the child, you will not have to fight any further to make sure that you are the child’s main source of provision. You will take care of the child’s needs completely. That doesn’t mean you can’t get child support, it just means that you are the main provider for the child and are expected to act accordingly. Physical custody is more permanent than legal guardianship. Unless someone can prove you unfit as a parenting figure in the child’s life, you will remain the person with physical custody. Physical custody is often divided between parents. It is dependent on the time that the children are supposed to spend with each child. If the other parent tries to keep the child away from you during your time, you have legal recourse to get the child back into your custody. Physical custody is usually reserved for the parents of the child and is a legally binding order of the court.

Legal Guardianship

Legal guardianship is given to people who have care of a child during a certain time in their lives. It can be granted during the process of adoption or for other reasons the child might be in that persons care. It is normally another family member that has taken over the care of the child or possibly in the case of foster care. Legal guardianship is given so that the person who is currently providing for the child can provide the necessities of the child until a final solution has been reached. The guardian will be able to get medical insurance for the child, for instance. It makes it much easier for the person who is caring for the child to do what needs to be done. There may be restrictions on legal guardianship though. The guardian usually makes the decisions for the child until a final resolution is made. Legal guardianship is rarely continuing. It is a temporary order that can be taken away at anytime.

These are the basic differences between physical custody and legal guardianship. It is important to note that if you have legal guardianship, you should take steps to make the situation more permanent for the child. That could be getting the child back to the parents home or through adoption. Children need a stable home and legal guardianship does not provide that, only the permanent solution does.

Two varieties of Heluva Good Cold Pack Cheese Food have been recalled as a precautionary measure after the state of Wisconsin found Listeria monocytogenes in some of the finished product. The recall was issued January 11, 2010. So far, no illnesses have been reported in connection with the recalled cheese food. Listeriosis rarely affects healthy adults, but in those who are at high risk infection can be fatal.

Identifying the Recalled Heluva Good Cheese

The recalled cheese was sold in:
New York Pennsylvania New Jersey Maryland Delaware Ohio Virginia West Virginia Maine New Hampshire Connecticut Massachusetts Vermont Rhode Island

Two varieties have been recalled:

If you have either of these products in your home, do not consume them. You can return them to the place of purchase for a full refund.

Listeriosis

Listeriosis is a form of food poisoning caused by eating food that is contaminated with Listeria monocytogenes bacteria. Foods most often associated with the disease include cold cuts, hot dogs, and soft cheeses.

Healthy adults rarely become seriously ill when they ingest Listeria contaminated foods. However, in those at high risk the disease can be fatal.

Pregnant women are at extremely high risk for becoming infected. In addition to illness in the mother, listeriosis during pregnancy can cause:
Miscarriage Still birth Infection in newborn baby Death of newborn baby

People with compromised immune systems are also at high risk for contracting listeriosis, as are the elderly and those taking glucocorticosteroid medications. Diseases which increase the rick of becoming ill if you are exposed to Listeria include:
AIDS Cancer Kidney disease Diabetes

Symptoms of listeriosis include:
Fever Headache Chills Muscle aches Stiffness Abdominal pain Nausea Vomiting Diarrhea Convulsions

Physicians and other medical personnel are often regarded as the “be-all and end-all” when it comes to diagnosing a patient’s physical and mental problems and keeping people healthy.

Unfortunately, some patients are victims of medical misdiagnosis that can lead to further health complications or even death. When a medical professional fails to provide an established standard level of care resulting in a mistake which is severe enough to injure a patient who would otherwise not have experienced the physical or emotional impediments, medical malpractice lawsuits can often be filed.

Types of Misdiagnosis

Medical misdiagnosis can occur during routine examinations, follow-up appointments, in a hospital or emergency room setting or during testing procedures. Misdiagnosis can lead to delayed treatment for common conditions such as:

* Cancer, especially breast, lung, colon and cervical cancer
* Heart attacks
* Appendicitis
* Stroke
* Meningitis
* Pulmonary artery blockage
* Blood clots
* Diabetes

In many cases, prompt diagnosis and subsequent treatment can slow down or even eliminate these conditions from the body. However, when misdiagnosed, patients can suffer traumatic consequences when these conditions are allowed to fester or grow.

It is also possible for medical personnel to misdiagnose a health problem as being more severe than it actually is. For example, a patient can be informed that he has a malignant tumor that is actually benign, causing the patient to undergo unnecessary and potentially debilitating cancer treatments.

Reasons for Misdiagnosis

Medical personnel and medical technicians are human, and all humans make mistakes. There is a seemingly endless list of reasons why a medical misdiagnosis can occur. Some of the common reasons include:

* Untrained or inexperienced medical staff
* Overworked, tired medical staff, especially in emergency room settings
* Failure to recognize and diagnose symptoms
* Failure to recognize high-risk patients
* Failure to perform the proper medical tests
* Failure to refer a patient to a specialist
* Errors in testing
* Testing result delays
* Equipment malfunction

It is difficult to accurately report how many misdiagnosis cases actually occur every year because many go unreported and many are unrecognized. Some statistics have estimated that as many as 20% of deadly illnesses are misdiagnosed. As a result, the patient and the patient’s family can be left with:

* Extreme medical expenses
* Lost wages
* Pain and suffering

If you feel that you or a loved one has been a victim of medical misdiagnosis, do not wait to speak to a medical malpractice attorney. Each state has its own statue of limitations on when a medical malpractice lawsuit can be filed, and a knowledgeable attorney will be able to determine if you have a case and expedite your claim.