What Every Lawyer Should Know about Traumatic Brain Injury Cases

Traumatic brain injuries are becoming a serious issue in modern society. As we now understand much more about this issue, litigation is occurring at a break neck pace in order to hold guilty parties responsible for the pain and suffering that results from an injury to the head region. Lawyers must understand this area of the law in order to adequately fight for the legal rights of their clients. Consider the following four things that every lawyer should know about traumatic brain injury cases to get started.

Recovery is Often a Slow Process
Brain injuries are unlike any other type of trauma that the human body can endure. Recovery is often a slow and frustrating process. The brain takes time to heal, and not everyone heals at the same rate. During the recovery process, socializing with others can be difficult and awkward. Work can be nearly impossible, as can everyday functions that one used to take for granted.

Social Security Disability is a Possibility
While brain injuries are not always visible from the outside, they are nonetheless debilitating. Many individuals with a traumatic brain injury are simply unable to perform any work related duties, causing quite a dramatic impact on the family income. Professionals, like those at Bennett & Sharp PLLC, should understand this and know that social security disability is a real possibility in many cases. A professional lawyer can help their clients navigate the application process.

Dealing with Insurance Companies
Insurance companies are in the business of making money. They will work hard to minimize compensation, event to clients with as devastating an injury as that of one to the brain. Lawyers must understand the tactics that insurance companies employ in these cases and work to combat them at every step to ensure maximum compensation for their clients.

Competent Medical Help Must be Sought Out
Just as not every lawyer is qualified to handle traumatic brain injury cases, neither are doctors. In particularly serious situations, a lawyer should know the medical specialists that can most benefit their clients and then work to get them seen. This will help the recovery process tremendously.

Not just any lawyer should handle a traumatic brain injury case. Education and knowledge should be first obtained in this area so that clients rights are duly protected every step of the way. These are four of the main things that lawyers should know about traumatic brain injury cases, so it serves as a great beginning point.

Author’s Information: Bio: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook.

 

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How to Get Your Money Back with the Help of an Attorney if You’re a Victim of Investment Fraud

Everyone wants to find ways to make money quickly, which can cause some people to put their money into investment schemes which are really scams. Investment fraud costs investors and businesses approximately $10 to $40 billion dollars every year. Although some may think their money is gone forever, a lawyer can help people recover some of the money they thought they were investing.

Types of Investment Fraud

If you keep up with the news, then you’ve no doubt heard of people like Bernie Madoff or Robert Allen Stanford who were convicted of scamming people out of billions of dollars with false claims about investment opportunities. People from all walks of life have been cheated out of their money by a variety of investment scams, such as:

  • Dummy Corporations
  • Pump and Dump scams
  • Boiler Rooms
  • Microcap Fraud
  • Ponzi Schemes

Many corporations have also lost billions of dollars, including people’s pension money, due to misconduct and embezzlement by stockbrokers and investment companies.

How to Get Money Back

It’s important to know an investment fraud of any type is a federal crime and should be reported. If you think you’re the victim of an investment scam, you’re probably not alone. Fortunately, there are ways to recover money if you have been scammed.

Hire an Attorney

After reporting the possible crime, you need to hire an attorney experienced in handling investment fraud cases. Since it is a federal crime, you will need someone who knows the federal court system and who has helped others to recover the money they’ve lost. If you were defrauded by a stockbroker, they are bonded, so your attorney can sue them to get your money back.

Depending on the type of scam you were the victim of, there may be a class-action lawsuit already in the works to recover money from those accused of the crime. Many fraudulent investment activities take place on the Internet, so victims can be from almost anywhere in the United States or around the world. If there isn’t a class-action lawsuit already started, then your attorney may take the necessary steps to start one, depending on the scope of the fraud.

Claim Loss on Taxes

Another way to recover money is by claiming the loss on your taxes. Your attorney may advise you of this as well, but check with a tax professional to get help claiming the loss. It can be claimed through a theft-loss deduction on amended tax returns for up to three years, no matter how long you were being scammed. If you’re able to claim the loss, you may get up to 50% of your money back.

File Bankruptcy

Depending on how much money you’ve lost, a bankruptcy may be another option to help you recover from your losses and to keep from losing your home. However, speak with your attorney to find out if this is a good option for you.

Get suggestions from Los Angeles, CA investment fraud attorney, who can help you with the best options for recovering any money you’ve lost in a scam.

Author Bio:

Jerry holds a Bachelor of Arts in political science, who blogs about politics, environment, law and business management during his free time.

Image Credit: Pixabay

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Legal Issues All DIY Preppers Should Look Out For

As political situations become tense, many people feel calmer by engaging in survivalist activities. Becoming a “prepper” involves a great deal of planning and forethought. Before you invest a lot of time or money into survivalist gear and systems, you should be aware of these four legal issues around DIY prepping.

Licenses for Weapons


Many preppers desire to have a stockpile of weapons and ammunition. Some weapons and ammunition may require licenses. If you do not have the proper type of license for the weapon in your survival stockpile, you could face legal troubles if a search warrant were executed on your property. Even if martial law were declared, you may not legally be able to use the weapons in your supply closet.

Environmental Violations
If you are creating a sort of bunker or tunnel on your property, you may be subject to environmental regulations. Even on private property, digging may not be allowed in certain areas. For example, it may be against the law to dig within a certain distance of underground or overhead power lines, gas supply lines, or underground water reservoirs. You may also not be permitted to dig in the area of a septic tank or sewer line.

Safety Requirements


Safety of your property is often overlooked when it comes to survivalist strategies. There are many ways someone visiting your property could experience an unintended personal injury, such as if there are poorly maintained stairs or pathways leading to a shelter. According to one personal injury lawyer in Colorado, A personal injury could also happen to a visitor while practicing survivalist strategies such as hunting or climbing. A personal injury lawsuit could be filed against you by anyone who becomes injured on your property.

Building Permits
Before you erect a shed or make an underground bunker or safe room in your home, you will need to secure a building permit. Building without a permit could get you into serious legal trouble in some places. The purpose of a permit is to ensure that the work done meets code. This includes meeting requirements for fire code, electrical code, and property line clearance.

All of these legal situations should be considered by everyone, including those who are preparing for a potentially severe and long-lasting emergency. Take the time to understand the law so that you can avoid issues such as getting fined for not having a permit. Remember that a lawyer can protect your rights if you experience an injury while engaging in survivalist strategies.

References:

Author Information: Rachael Murphey is an entrepreneur and writer on the topics of business, economics, and politics. She has written for Host Review and HR.com. She currently lives in Denver with her dog Charlie. You can find her on Twitter.

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Medical Malpractice: 5 Signs You Need to Sue Your Doctor

Anyone diagnosed with a serious illness, put on medication or put through treatments that made them sicker should look heavily into these common reasons for malpractice suits. These signs of medical malpractice usually occur when a patient is diagnosed with something serious or gets sicker from unnecessary medication and treatment. Below are the five most common signs you may be a patient of a doctor needing to be sued for malpractice.

Your Symptoms Don’t Match Your Diagnosis

According to the law firm of Otorowski Johnston Morrow & Golden P.L.L.C., one of the most common reasons to sue for malpractice is misdiagnosis. If you tell your doctor your symptoms, your diagnosis should match your symptoms. This is easy to find out by using the Internet. Once you have some more information, you can visit your doctor again and present the problem, or you can seek a different diagnosis from a different doctor. The Internet is not there for you to diagnose yourself though. It is simply there to provide you with some information to present to you your doctor or your lawyer, especially if the misdiagnosis and treatment led to more problems.

You Don’t Get Better With Treatment

A lot of doctors have ego problems, and they do not like to admit when they are wrong, especially if you are getting worse. If your doctor’s treatment is not working, it is time to see another doctor and a lawyer, especially if your doctor is not willing to change their prescribed treatment.

Your Diagnosis Is Based Purely on a Lab Test

Be cautious concerning lab tests, especially if your doctor bases their diagnosis off of one, especially if you are not exhibiting symptoms matching what the lab test indicates. Labs mess up often, and a lot of doctors never question the results despite your symptoms and worsening condition. Let your lawyer know if your doctor was unwilling to have additional tests done or use a different lab.

Your Doctor Takes Typical Complaints and Gives You a Misdiagnosis for Something Serious

This is another way a misdiagnosis can be formed. You can be over-medicated or undergo treatments that are unnecessary because your common complaints can be interpreted as something larger without proper testing.

Your Doctor Bases Their Diagnosis on a Test You Were Never Given

Your doctor sees a lot of different patients and charts can be mixed up. It frequently happens, and many doctors will misdiagnose based on a test a patient never received. If you believe this happened to you, you should let your lawyer know, especially if you protest the diagnosis. You should read over the list carefully if you feel you have been misdiagnosed or have gotten worse from treatment and medication. They are quite common in malpractice cases. If any of these fit your situation, you should find legal representation and another doctor as soon as possible.

About the Author: Lizzie Weakley is a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. In her free time, she enjoys the outdoors and long walks in the park with her husky Snowball. You can find her on Twitter at @LizzieWeakley and on Facebook at facebook.com/lizzie.weakley.

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CFPB Fines Reverse Mortgage Firms for Deceptive Advertising

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The Los Angeles Times reports that the CFPB announced that “it has fined two Southern California reverse-mortgage firms for deceptive advertising practices, saying the companies wrongly told borrowers they could not lose their homes.” American Advisors Group will pay a civil penalty of $400,000, and Aegean Financial, which also does business as Jubilados Financial and Reverse Mortgage Professionals, will pay $65,000. While neither admitted wrongdoing, both firms “agreed to change their loan disclosures.”

From the news release of the American Association for Justice.

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Is A Personal Injury Lawyer Required and How Do I Hire One?

The answer to this question depends on whether there is a well-founded personal injury claim. If the case is viable, then a lawyer can offer his or her opinion on the matter and determine whether the case is worth it or not.

A litigation process can be very challenging. The requirement of a personal injury lawyer is crucial if the person is either being sued or filling a claim for personal injury. Finding an achieved lawyer who has expertise related to the type of injury is essential to the outcome of the case. These are certain things to look out for when seeking a personal injury lawyer

What Do They Actually Do?

Their main duty is legally representing their clients, whether it is a defendant or plaintiff for their claims of different varieties such as truck collisions, medical mistakes, or wrongful deaths. Here are reasons to have a litigator in a case:

  • Fight against insurance companies if they refuse to pay
  • Long-term permanent disabilities case help
  • Negligence by medical staff and facilities case help
  • Holds best interest of the client to heart
  • Reach for the recovery of the maximum amount
  • Provide details in how to accept a claim
  • Files a motion
  • Just having them makes others take the case more seriously
  • And more.

Handling a Case Alone

That is dependent upon the circumstances, whether or not a case can be handled alone. These following two situations might be grounds for handling his or her case without a personal injury lawyer:

  • Being offered full amount in damages by insurers
  • Residing in a no-fault state

Contacting a personal injury lawyer can help establish whether he or she falls under those two situations and is able to handle their case on their own. Nonetheless, consulting an attorney should be done even if minor injuries were received. The claimants will never know if their injuries will worsen over time.

Locating The ‘One’

Many people may think that they may never find the right lawyer for their case, or do not know where to seek the right one, but although they may not have the answers to these questions, there are fairly more important ones when considering to hire a lawyer. These things need to be considered:

  • Their focus is on the same area as the injury
  • Going over and obtaining references from their past clients to see their credibility
  • Asking them how many cases do they currently have

Free consultation is offered by many law firms. During this time all those questions can be addressed and help the person decide who to hire.

How Much Do They Charge?

Contingency fees are what is most used by lawyers. It is normally a 30%-45% amount from what the client won through the successful case, rather than simply charging direct fees. 30%-45% is just the basic amount, but it varies from lawyer to lawyer. Now, if the case proves to be difficult a proceeds further into the court systems, then the rate can go as high as 60%. The lawyer usually receives the money first, deducts their share, and then sends the rest to their client.

One will never know the exact price to pay for a lawyer because anything can change in a case unpredictably, unless the client and lawyer already had an arrangement of how much to pay. Time is of the essence with cases. The longer a case takes, the more a lawyer will cost. Described below are the moments where a settlement can be made:

  • Prior to trial
  • During the trial process, or
  • By the decision of the jury or judge

What to Ask Them

The person seeking a personal injury lawyer must meet with them during their consultation before making any final decisions.

These are some questions for the claimant/defendant to bring up during the visit:

  1. What were the outcomes of handled cases like the claimants/defendants, if any? Crucial in discovering if the attorney can handle the case and has experience in it.
  2. When will the settlement or judgment be made? An attorney can provide an estimate.
  3. How does the attorney get paid? By contingency or direct fee?
  4. What amount of personal injury cases has been tried by the attorney? Helps in determining the experience of litigation cases and viewing the results of them
  5. Are there prior clients that would speak with the claimant/defendant? Reviews on previous cases is the best way to address questions and concerns.

About the author: Percy Martinez is a personal injury lawyer with over 20 years’ experience practicing in the state of Florida. For more information about personal injury visit his personal injury blog.

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Helmet Laws and Recovery for Motorcycle Accidents

Helmet laws are enforced in many states, which mandates bikers to wear helmets. Recovering any compensation for injuries to the neck or head, are dependent upon if the state requires helmets, whether the biker was wearing one or not, and the features of the injuries.

Motorcycle Safety with Helmet Laws

Helmets that are worn by motorcycle riders are a form of protection against head injuries. A biker has more chance of being severely injured in the head if no helmet is worn, than if a helmet would have been worn. The same concept applies to people who do or do not wear their seatbelts. There is an estimated 37 out of 100 motorcyclists who died that could have survived the crash had they worn a helmet. Just imagine how much less injuries there would with helmets.

Due to these statistics, helmet requirements have been enforced upon some motorcyclists by some states. Some states require only those under a specific age to wear a helmet, while in other states, age is not a factor, all motorcyclist must wear a helmet. Illinois and Iowa, out of all the states, are the only two that do not have any helmet laws in action.

Scenarios of Recovery Correlated to the Helmet Laws

No neck or head injury, but wearing a helmet:

Wearing the helmet would be of no relevance in this scenario because no injuries were sustained. Although, this could show the motorcyclist is a responsible biker.

No neck or head injury, not wearing a helmet:

Even if the state required the motorcyclist to wear a helmet, but they sustained no injuries, the fact that they didn’t wear a helmet is of no relevance as well.

Neck and head injury, and wearing a helmet:

Wearing a helmet shows that the injuries sustained did not become worse due to not wearing a helmet. Therefore, having worn one has the potential of showing what the injuries could have been had the motorcyclist not worn a helmet. Proves how careless or reckless the other driver was.

Neck and head injury, not wearing a helmet, and the state has no helmet laws:

If injuries occurred, but the state had no helmet laws, it can still prove hard to recover. The motorcyclist can be found to be comparatively negligent in their injuries for not having worn a helmet.

The defending party will bring facts about how wearing a helmet reduces the severity of the injuries. This is what makes it difficult because the rider would now have to show how even if they had worn the helmet, they would have endured those same injuries. The compensation amount would be reduced if they find that wearing a helmet would have contributed to the motorcyclist suffering less gravity in his or her injuries.

Neck and head injury, not wearing a helmet, and the state has helmet laws:

Comparative negligence is immediately determined if a state required a helmet, and the motorcyclist was found to not be wearing one. Head damage compensation would be hardly in the picture of recovering. It might be possible to recover for other damages that had nothing to do with wearing a helmet or not.

An achieved motorcycle accident attorney might be able to prove how had they worn the helmet or not, the injury that they suffered would have still occurred.

About the author: Percy Martinez is a personal injury lawyer with over 20 years’ experience practicing in the state of Florida. For more information about personal injury visit his personal injury blog.

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4 Things You Need to Do Immediately After Being Arrested

We live in a day and age where crime is everywhere and being suspected of a crime is much more common. Just remember that everyone is innocent until proven guilty. You may have been arrested over a DUI, some form of disorderly conduct, or something much more criminal. Whatever the case, you need to know what you are up against and what you should do next. Doing everything to protect yourself right now is of your best interest. Here are four things that you need to do immediately after being arrested.

Keep Your Mouth Shut and Ask to Speak to a Lawyer

People always say “If you’re innocent, then you won’t have anything to hide.” To make it seem like they don’t have anything to hide, they’ll talk. However, you should never participate in a police interview without a lawyer present under any circumstances. Do not fall for their psychological manipulation. Many people confess to things that they did not do in the hopes of leaving jail or getting a light sentence. The manipulation comes from the fact that you may not always be given truthful information when you’re in the interview, and so you should get a lawyer to make sure that you’re presented with accurate information. If they want to talk, just ask for a lawyer and they can’t press you to talk without one. Then, you simply should just refuse to speak until your lawyer comes.

Try and Get Out of Jail with Bail or Bond

Getting bail set is different in every state. In some states, you can be given your bond amount before you see a judge the first time, or you may have to see a judge to get bond set. You or your attorney should ask for your release on your own recognizance first. It is allowed in a lot of states and haggling comes next, followed by bond reduction hearings. If you do not have the cash or property to bond out then consider calling a reputable bondsman, such as Absolute Bail Bonds, to help bail you out.

Obey All of the Rules of Your Bond Agreement

If you can successfully bond out on your own or with the help of a bond agent, you will be given a bond agreement. The bond agreement will stipulate that you must obey all laws. Additionally, there will be other provisions added to the agreement, which are not laws. You may be given a curfew, or if there is an alleged victim in your case, you will be ordered to have no contact. Also, most bond agreements stipulate no drinking or drug use, including entering establishments where alcohol is sold. You might also see more elaborate, unorthodox stipulations. Follow them all, or your bond will be revoked, and you will be incarcerated and fighting your case from behind bars. Even if the stipulations are not laws, following a bond agreement is a law.

Make Your First Court Appearance and All Others

This seems like common sense, but there are cases every business hour where defendants do not show up. Some of them abscond, oversleep or simply forget. This is unacceptable in the eyes of the court. If you cannot make it, then ask your attorney to attempt a continuance. Failure to appear will compound your legal problems with a new charge, and your bond will be revoked, a warrant issued for your arrest and you will be labeled a flight risk. Being labeled a flight risk means your next bond will be much higher, and it might possibly be a full “cash only bond,” so no bondsman can help. Finally, if you fail to appear, any future problems will result in higher bonds or no bond at all.

Getting arrested can be terrifying, but it is important to know what to do and stay calm. Even if you never break the law, innocent people get arrested all the time, and sometimes, they are convicted or coerced to confess. Finally, you should consider knowing due process and its finer points as a matter of civic education, especially if you refuse to believe completely innocent people with seemingly angelic friends never get arrested so be a good citizen and study.

Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.

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Google’s Sticky Tape – Will It Really Prevent Pedestrian Accidents?

Have you ever wondered what it would be like to be struck by an automobile? Of course you have. Apparently Google’s best and brightest have been thinking about the same thing, because they’ve conceptualized a crazy-sounding idea that involves trapping a pedestrian struck by an automated car to the hood of that car. Even though that alternative scenario of being carried around while stuck to the hood of a driverless vehicle might sound even scarier than being flung away, Google was awarded the patent.

This is a real thing.

The idea is this: although your body will still feel the full brunt of physical trauma from the initial impact with the automobile, the “sticky hood” would prevent your body from striking other surfaces in a secondary or tertiary (and so on) impact that would leave you hitting the street, sidewalk, or the next car in line. It just so happens that these next impacts cause the most extreme injuries. Avoiding them could potentially save lives.

What does this mean for personal injury litigation?

In addition to preventing injuries, Google probably hopes this odd new safety measure will mitigate some of the inevitable litigation arising from their implementation of autonomous vehicles.

That leaves us with an important question for the future of personal injury in automobile accidents: will pedestrians who are caught on these sticky hoods still have grounds for a well-structured lawsuit if the new safety measure prevents them from incurring physical injury?

The answer? Of course!

Even if an automobile has one of these sticky hoods and you weren’t directly injured by the impact, a manufacturer’s autonomous technology still caused an accident that left you with a fair amount of psychological and emotional trauma. That’s not something the legal system takes lightly, especially if the trauma caused a physical reaction, i.e. shock. An experienced personal injury attorney can help you wade through the legal system to win compensation due to emotional trauma.

Could these adhesive hoods cause more damage?

Other practical legal questions will need answers provided. For instance, what happens if an unsuspecting pedestrian palms the hood of the car while crossing a street? What if the automated vehicle drags that pedestrian down the road? What if a pedestrian initially saved by the technology is then injured from a vehicle’s attempt to subsequently maneuver away from harm?

The vehicle’s sensors are supposed to prevent collisions with other automobiles and pedestrians in the first place, so the fact that a need for this adhesive exists at all seems to be an acknowledgement on Google’s part that malfunctioning software or defective automobile technology could lead to a vehicle’s failure to sense the presence of a pedestrian.

Perhaps the hood’s design would prevent this.

As it is now, the patent describes a sort of “eggshell” that would stop the vehicle from collecting any insects and other debris that might come into contact with the material.

If the adhesive hood turns out to be a good idea and reduces physical injury during pedestrian accidents, would the technology then be applied to other vehicles? Would it be applied to non-autonomous vehicles? In those cases, would it still be successful?

Does it matter?

Google’s new patent is an interesting idea, but that doesn’t necessarily mean the patent will ever lead to a new or widely-used technology. It’s just an example of how great minds are trying to reduce the number and extent of pedestrian injuries (and subsequent personal injury lawsuits). Other companies are doing the same. For example, Nissan has a pop-up engine hood designed to reduce the force of the first impact. Who knows what kind of technology another company might devise in the near-future?

Even though Google’s plan is to reduce injuries in accidents involving automated vehicles, injuries would still occur. And those injuries would still require financial reimbursement. Emotional distress as a result of injuries or accidents would require additional financial reimbursement. While it’s great that society is moving in a more safety-oriented direction, the need for personal injury protection isn’t going anywhere anytime soon.

About The Author: Abraham Jaros, co-partner and founder of Jaroslawicz & Jaros PLLC, a New York City personal injury law firm. He began his career over 40 years ago and remembers the struggle of finding which area of law to practice as if it were yesterday. During his career as a personal injury lawyer he has tried hundreds of cases and won numerous multi-million dollar verdicts on behalf of his clients. When not in the court room he can be found writing to help inspire future lawyers everywhere.

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Health Law: 4 Hospital Patient Rights You Need To Be Aware Of

Close up shot of Medical records in a pile

When you are ill or injured and must go into the hospital, it’s easy to feel like you have lost control over what happens to you. The normal hospital setting and procedures can be intimidating. Your usual reliance on family and loved ones can be disrupted. A number of laws are in place to ensure that patients are well cared for and their private medical information is protected. Here are a few of the most important patient rights you should know when you are admitted to the hospital.

HIPAA

The Health Insurance Portability and Accountability Act of 1996, commonly known as HIPAA, provided security for patients’ medical data in hospitals, clinics and doctor’s offices. The act allows patients’ access to their own information, and limits the access to the information by other people and agencies. HIPAA ensures that wherever you have medical treatment, your medical records will be handled in a manner that preserves your privacy and holds the institution accountable for any violations of the law.

The Right To Know

Patients in the hospital have the right to informed consent about the nature of their condition, the options for treatment and the risks involved in receiving care for the condition. This right enables patients to make the informed decisions about care that’s right for their needs.

The Right To Have Advocates and Visitors

Patients also have the right to have an advocate helping them to understand medical terminology and procedures so that they can make good decisions regarding their care. In addition, patients have the right to have family and friends visiting them to provide the support that can be so important to their recovery.

The Right To Quality Care

Patients also have the right to expect respect and quality care in their treatment. They should be able to expect:

  • Proper evaluation of their condition and appropriate treatment
  • Respect and care in a safe environment
  • Appropriate pain assessment and management
  • Freedom from restraint, except what is necessary to protect you or others
  • Spiritual service upon request
  • Access to protective services
  • Freedom from abuse
  • The right to have your concerns heard and resolved

These laws have been instituted to ensure that patients are fully informed and protected against violations of their medical privacy. If you are interested in healthcare law and healthcare legislative consulting, consider expanding your knowledge with an online dnp program. If you feel your rights have been denied or violated, a number of protocols are in place to provide a legal remedy for the problem.

Author Bio: Emma Sturgis is a freelance writer living in Boston, MA. When not writing, she enjoys reading and indoor rock climbing. Find her on Google+

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