Saturday, November 6, 2010

Medical Attorney - A Professional in Medical Malpractice Cases

In the U.S. hundred of thousand injuries occur each year because of medical malpractice.  Medical malpractice is the leading cause of serious injuries and is also responsible for 100,000 fatalities.  This is alarming enough however, what is more alarming is that only 10-15 percent of victims of malpractice take legal action. 

Victims of malpractice can contact a medical attorney for help when dealing with a malpractice case.  Medical attorneys are trained for these kinds of cases.  They will evaluate your case and they can determine if you are able to recover any losses you or a loved one suffered.

The Right to Be Compensated

There are laws that give medical malpractice victims the right to seek compensation for their losses because of neglect by a medical professional.  These laws do have a statute of limitations for someone to file a lawsuit, meaning there is a legal deadline to file.  A medical attorney would know these deadlines.  If you are within the deadline, the attorney may be able to get compensations for things like:


  • Monetary losses - costs for medical treatment and rehabilitation in addition to lost wages and other expenses caused by the injury

  • Non-monetary losses - this can be pain and suffering, mental distress, loss of a loved one, etc.

There are also instances where the jury will rule in favor for punitive damages.  The victim will be awarded further compensation.  This is done in hopes that the punishment will prevent defendants from further neglect.  On the other hand many medical malpractice cases do not even go to trial.  An attorney experienced in medical malpractice cases usually negotiates a settlement before a trial is set.

When to Contact a Medical Attorney

It is important to contact a medical attorney as soon as you suspect you have been a victim of malpractice.  Here are some examples of the most seen types of malpractice:


  • Errors during surgery

  • Distributing wrong medication dosages

  • Errors during labor and delivery

  • Misdiagnosis

  • Delay in treatments

  • Infections from unsanitary items

Please be aware these are not the only types of malpractice so if you have questions you need to call a medical malpractice attorney right away.  

Get Your Case Evaluated Today

A medical malpractice attorney will evaluate your case at no charge and they will then advise you of your rights and legal options.  Medical malpractice is not done only by doctors but however is done by nurses or other medical staff also.  You may have the right to some compensation and a medical attorney will know what is in your best interest.  Contact an attorney immediately.




David Austin is an Attorney focused on complex injury cases. You can learn more about Medical Attorney at his website. Burke-Eisner.com

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Tuesday, October 5, 2010

Parental advice for ex-Christians - The Atheist Experience #631

Robin and her husband from Cartersville, Georgia used to be Sunday school teachers until about two years ago, when they left their church and never went back. She came to the conclusion thet religion was harmful and that everyone would be better off without it, but doesn't know exactly what to tell her young children that were brought op in the church. Robin watched the documentary "Jesus Camp" both before and after her deconversion... Segment of The Atheist Experience TV Show #631 of November 15, 2009. WithMatt Dillahunty and Jeff Dee. Topic: Viewer calls. This entire episode can be watched on Blip.tv:: ► blip.tv Theme song: "Listen to Reason" by Bryan Steeksma ► www.myspace.com What is The Atheist Experience? The Atheist Experience is a weekly cable access television show in Austin, Texas, geared at an atheist and non-atheist audience. The Atheist Experience is produced by the Atheist Community of Austin (ACA), a nonprofit educational corporation to develop and support the atheist community, to provide opportunities for socializing and friendship, to promote secular viewpoints, to encourage positive atheist culture, to defend the first amendment principle of state-church separation, to oppose discrimination against atheists and to work with other organizations in pursuit of common goals. ► www.Atheist-Experience.com ► http ► www.NonProphetsRadio.com Watch The Atheist Experience live (Sundays) ► tinyurl.com Support the ACA (donations/membership): ► www.Atheist ...



http://www.youtube.com/watch?v=kxX_M-fFJVg&hl=en

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Saturday, September 25, 2010

Hyde Park - An Austin Original

This article discusses many of the positive attributes of the Hyde Park neighborhood in Austin, Texas.

Imagine a neighborhood of adorable medium houses seated comfortably on shady streets lined with trees. But then splash a rainbow across the entire area. That could get you close to what the Hyde Park neighborhood in central Austin is like. This old part of town has a lot of history, and was one of Austin's first developments north of the Capitol. Many of the houses are over fifty years old, but are lovingly cared for by tenants and successive owners, often with a heavy dose of their personality thrown in for good measure.

Spanning the area from Dean Keaton street in the south to around 45th street or so to the north, and from I-35 to the east and Guadalupe street to the west, Hyde Park is a fairly large neighborhood. As it is located comfortably between many of the major thoroughfares in Austin, Hyde Park has long been a staple area for college students at the University of Texas, which has contributed heavily to the area's looks and atmosphere. Many of the houses are painted exuberant colors with eye-catching designs and artistic sensibility, a legacy of many resident's desire to "keep Austin weird." This also contributes refreshing diversity when compared to the cookie-cutter houses that so many other neighborhoods primarily consist of.

The biggest advantage of owning a house over an apartment or condo is the lot on which it lies, and Hyde Park has this attribute in spades. While many of the houses are modest in size, with most in the 1-to-2 bedroom range, the expansive yards more than make up for it. With more privacy and more space, Hyde Park houses are cozy and comfortable. The larger back yards also lend themselves to Austin ingenuity, with expansions, garage apartments, and other conversions being common. This also contributes to the value of each house without changing its character.

And what character! Most of these houses were built in a time when different trends were popular, and these designs have often proven to endure to maintain their popularity in a way that more modern houses cannot. While most houses built in recent years have good design behind them, one often gets the impression that a house is devoid of personality and designed to be as inoffensive as possible. While this approach is safer for an architect, it makes houses like those in Hyde Park that much more desirable. Some features that were often viewed as necessary in years past have either become unfashionable or become viewed as excessive, such as high ceilings and large porches.

However, these aspects of houses are very important to many prospective homeowners. This is evident by the continued value of the neighborhood over many years. Many houses in Hyde Park have higher ceilings than newer houses, especially because many are one story. This contributes to a feeling of space that many newer homes lack. Hyde Park houses also often have a disproportionately large number of windows, which provide increased sunlight and adds to the increased sense of spaciousness. The characteristic large porches also make the homes seem cozier, more inviting, and help to connect neighbors. I personally think one of the best benefits to having a house over an apartment is having a large porch on which to relax, and this seems to be an attractive attribute to many potential homeowners as well. So, with these positives in mind, I encourage you to check out Hyde Park if you're looking for a home in Austin. I don't think you'll be disappointed.




If you are looking in the Austin real estate market Escapeso Realty can help. Their website provides a free search of the Austin MLS along with a guide to the hyde park neighborhood.

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Tuesday, August 17, 2010

Why Economists Are Usually Wrong

Everyone loves to poke fun at economists. It's almost as enjoyable a pastime as poking fun at attorneys. You've heard the jokes: If you laid all the economists end to end they still couldn't reach a conclusion. And this oldie but goodie: Economics is the only field in which two people can get a Nobel Prize for saying exactly the opposite thing. Or the classic: Why did God create economists? In order to make weather forecasters look good. (1)

Of course, as a group, they do have a dismal record as forecasters so some of the jokes are, to a point, deserved. But why do economists have such a poor record with their prognostications? Are they simply less intelligent than the general public? Is the field of economics just a guessing game rather than a science? Or are other factors involved which tend to make most economists wrong most of the time?

For arguments sake, let's rule out the possibility that economists are less intelligent than everyone else. After all, have you seen the math you're forced to confront when you study economics at an advanced level? It strains credibility to think you're lacking at least more than the average brain power if you can come close to comprehending the math required to earn a graduate degree in economics.

Although economics may be more of a guessing game than a hard science since the vagaries of human nature play such a strong role in the economic arena, it also seems reasonable to assume there are other factors involved in the inability of economists to beat the average weatherman in accuracy. Let's consider two of those factors.

The first factor is a basic error on the part of economists. Economists tend to extrapolate current trends into the future so their forecasts tend to look a lot like the recent past and the present. They might look at GDP growth over the last 10 quarters, run a regression study on those numbers and come up with a formula that can forecast the GDP at points in the future. Only problem with that method is what happened in the past and what is happening now may or may not be indicative of what's going to happen in the future. As a matter of fact, by the time a trend is obvious, it is usually over. The economy may have been growing at an average annual rate of 3.26% per quarter, but now that that fact is accepted as the fate of the future it's unlikely the rate of growth will be maintained. You can pretty well count on this: Current trends won't be future trends.

So if current trends won't be future trends, why do economists tend to base their forecasts on what has been happening? The answer to that question brings us to the second reason economists tend to miss their predictions more frequently than they get it right.

A basic human tendency is to try to avoid looking foolish. If you forecast a recession with enough lead time so a business owner can take action and protect the business from the negative effects of the downturn, you're talking downturn when the only thing everyone else, including the business owner, sees is a boom. You look like a nut. You might be vindicated in the end if the recession becomes a reality but by then, with the short attention span of the general public, most people will have already forgotten your forecast. So if you stick your neck out and make a forecast which bucks popular opinion, you're laughed at for making such a nutty prediction and then forgotten even if you're eventually proven right. That provides little incentive for going against the popular opinion.

John Maynard Keynes, as brilliant an economist as any to ever walk this earth, had this to say about bankers back in the 1930's: "A "sound" banker, alas! is not one who foresees danger and avoids it, but one who, when he is ruined, is ruined in a conventional and orthodox way along with his fellows, so that no one can really blame him." It's the same situation with economists. To paraphrase Keynes: "A "sound" economist, alas! is not one who accurately foresees the future, but one who, when he is wrong, is wrong in a conventional and orthodox way along with his fellows, so that no one can really blame him."

(1) Jokes borrowed from the website, "Jokes about economists and economics",.




The author has been a student of economic theory and economic statistics for over thirty years. He is the editor and publisher of Van Schaik's Economic Outlook, a website forecasting business cycles in the U.S. economy. You can see the website at http://jpetervanschaik.googlepages.com

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Sunday, August 15, 2010

Partners and Shareholder Litigation - Breach of Fiduciary Duties

Litigation between business owners is an area of law that has seen a rise in recent years. Many disputes can be found in state and federal courts which concern the rights and responsibilities of shareholders in their relations with each other. A fiduciary duty is a duty of the utmost importance--one of the highest standards of care imposed in our legal system--whereby one person is called upon to care for the property of another.

Co-owners of businesses, partnerships, corporations, limited liability companies, and the like, all owe a fiduciary duty to each other. These duties include:


  1. Investment of money, and guarding those investments.

  2. Acting for the benefit of the party.

  3. Disclosing material facts.

  4. Taking due care so as to avoid misleading clients.

Some of the examples of where fiduciary responsibility comes into play are are Mortgage Brokers, Corporate Board Members, Business Partners or Financial planners serving and acting as fiduciary. Fiduciaries are the people who have an authority or power to exercise a legal right on behalf of another.

In a typical partnership litigation case you will often observe that the cause of action is for breach of contract, fiduciary duty breach (where the partner has betrayed the plaintiff), misrepresentation or fraud (where the partner concealed or misrepresented a fact that was material) and account issues (where the co-owner stole and the amount of damage caused to the company).

If a party has made any misrepresentation or has concealed some material facts for which he had the knowledge and misrepresents and does not reveal this to other party, the fraud will be the perfect cause of action but the cause of action cannot be for the breach of fiduciary duties. Therefore, if you suspect or believe that you are a victim and there is breach of fiduciary duties then you need to immediately contact a professional lawyer.

In some of the cases, parties to the contract also define the standard of duty.

The following elements are required to build a proper case:


  • A legal relationship, or contract that imposes a fiduciary duty

  • Breach of the duty imposed by law

  • And the damage caused due to breach of the duty

The Burden of proof in a case like this lies on the plaintiff that the defendant had fiduciary duty towards the plaintiff and that the defendant has breached the duty. Additionally, the plaintiff also has to prove that the damage has been caused due to breach. Generally it's a question of fact and not of law whether any kind of duty contract is in existence or not. This means that it can be quite difficult to resolve such cases. The jury will have to hear the testimony and weigh credibility of both the parties to determine the case.




This article was written by Michael Spadaccini, the technical director for TastyPlacement, a Website SEO Austin TX firm; he recommends you check out The Butler Firm, an Austin commercial litigation attorney.

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