General standard for most professionals is to perform as a reasonable practitioner in that same or similar position. However, if the professionals has additional skills, education, or experience then the professional can be held to a standard of the professional with those additionally prowesses. Furthermore, if a condition or ailment is outside of their…
Every adult should be aware of the consequences and risks inherent with certain medical procedures in order to properly make the decision to forego medical treatment. Deriving from this reasoning is the doctrine of informed consent. As such, a physician owes a patient the duty to disclose all significant medical information that the physician…
In the determination of whether a doctor has been negligent, it is important to know the standard that is used to evaluate their performance. This standard is what an average qualified physician in the same situation would have done in the same or similar circumstances. Expert testimony is used to establish this standard of…
Awrongful death suit that was filed by the family of a killed highway worker is going to trial, and jury selections have begun. In May 2012, four highway workers were struck on Highway 64 in Illinois as they were working in the median. Kory Links, Adam Evans, Dennis Beard, and Brian Moore were repairing…
Res Ipsa Loquitur is latin for”the thing speaks for itself.” This legal theory is used when it is uncertain how an accident occurred, but the circumstance would not have occurred without negligence. To succeed on the basis of Res Ipsa Loquitur, the Plaintiff must prove: this type of accident generally does not occur without negligence, prove the defendant had control over the mechanism that caused the injury, and exc
To invoke the second injury fund the injured worker must have had a pre-existing Permanent Partial Disability. The second injury fund is governed by §287.220.1 RSMo. that provides the worker must have a serious injury that hinders or is an obstacle for employment and it must be one injury that causes these obstacles. Accordingly…
On Friday, two men were seriously injured in a building collapse at the 3900 block of West Pine in St. Louis, Missouri. The workplace accident happened when the men were in the process of going through bricks on the third floor of a building when a section of the building fell off, and sent the…
Two people are lucky to be alive after a head-oncrash with a semi in North Dakota. In addition, 25-year-old, Mitchell Radziej and 36-year-old, James Bagley were on their way to Valley City on Highway 52 when they collided with a semi. The crash happened when the two men were heading west in their vehicle,…
In the state of Missouri certain employers must carry Workers’ Compensation Insurance. Whether an employer is required to have insurance is a fact based determination. First every employer that has five or more employees must have workers’ compensation insurance. Secondly every employer that is in the construction industry is required to carry workers’ compensation…
If you have been injured at work and your corresponding treating doctor states that you are unable to work, then you may be entitled to TTD Payments. TTD payments, or known as temporary total disability benefits are benefits an injured worker will receive for their time off of work due to an injury. However,…