Posted On: December 29, 2007

PARALEGAL

PARALEGAL:
This is a non-lawyer, employed in a law office or working as an independent contractor for various law offices. Usually a paralegal has taken a series of courses on the law and legal procedure and is trained to perform various legal tasks. Paralegals are increasingly popular. They often handle investigations, analyze depositions, prepare and answer interrogatories and procedural motions and do other specialized jobs.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 27, 2007

PARTY

PARTY:
This refers to a person or some entity directly involved in a legal proceeding usually referred to a plaintiff or defendant or as a petitioner or respondent. On an appeal, the parties may be referred to as appellant and respondent or appellee.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 25, 2007

PERJURY

PERJURY:
This is false or misleading testimony given by a witness under oath. Perjury is a crime.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 23, 2007

PLAINTIFF

PLAINTIFF:
This is the party who initiates a civil lawsuit by filing a complaint and who requests damages from a defendant.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 21, 2007

PLEADINGS

PLEADINGS:
These are the formal written papers filed by the parties with the court, which set forth their respective claims and defenses. Motions are usually not considered pleadings.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 19, 2007

POWER OF ATTORNEY

POWER OF ATTORNEY:
A written document signed by a person granting to another person the authority to act as one’s agent or attorney. There are two types of power of attorney, a general power of attorney, which covers all activities, and a special power of attorney, which grants powers limited to specific matters.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 17, 2007

PREPONDERANCE OF THE EVIDENCE

PREPONDERANCE OF THE EVIDENCE:
This is the degree of evidence necessary in a civil case for a plaintiff to prove his, her or its claim. This is evidence which is of greater weight or more convincing than is the evidence offered against it. This is opposed to proof beyond a reasonable doubt, which is the standard of proof required in a criminal case.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: December 15, 2007

PRIVILEGE

PRIVILEGE:
This protects people, having a legally protected relationship, from disclosing information based upon communications made in confidence. Privilege is based on the belief that it is better to have free and forthright communications between parties in certain relationships by protecting those communications from disclosure. Common privileged communications include those between attorney and client, doctor and patient, priest and penitent, and husband and wife.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 13, 2007

PRODUCT LIABILITY

PRODUCT LIABILITY:
The responsibility of manufacturers, distributors and sellers of products to consumers, to deliver products free of defects which cause death, injury or other harm and to make good on their responsibility if their products are defective.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 13, 2007

Addicted Doctors Allowed to Continue Practicing Medicine

According to the American Medical Association (AMA), 10-15% of all doctors have suffered with some sort of alcohol or drug addiction at any one time during their medical career potentially putting their patients at risk. The AMA says that some 7-8,000 doctors are currently undergoing treatment for substance abuse problems. And, in most states, doctors can be treated confidentially, without their patients being informed. While doctors suffer no more addiction problems than the rest of the population, the question is, “Should doctors be able to seek treatment anonymously?” “Do patients have the right to know if their physician is being treated for substance abuse problems.”

Impaired doctors have botched surgeries or failed to follow up on lab and tests results. In Montana, a jury awarded a patient an undisclosed settlement when the doctor failed to follow up on a test result showing that the patient had cancer. The patient went untreated for a full year after the cancer appeared on a test result the physician failed to read. Dr. Robert Schure, the doctor named in the suit, had failed rehab six times according to news reports. In North Carolina, a doctor undergoing alcoholism treatment billed a patient’s medical insurance for gastric bypass surgery and then performed a shortcut surgery which resulted in the patient having many serious complications.

Most addiction centers and the AMA believe that doctors should be able to be treated confidentially. Anonymous treatment encourages physicians to seek treatment, they say. Without anonymity many physicians would no longer seek treatment.


medical malpractice jury awards

California is the only state that is going back to the rules that were in effect in the 1980’s: a doctor with an addiction loses their license. Period. Would you want TV’s Dr. House with his addiction to painkillers treating your family member?

If you have been hurt as a result of a doctor’s negligence, with the help of The Farber Law Group, a Washington law firm experienced and knowledgeable in handling medical malpractices, you may be able to recover your damages. Call us today for a free case consultation.

Posted On: December 11, 2007

PROTECTIVE ORDER

PROTECTIVE ORDER:
The court may enter a protective order, pursuant to a motion of a party or by a person from whom discovery is sought, which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. The order may require: that the discovery not be had; that the discovery may be had only on specified terms and conditions, including a designation of the time or place; that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery; that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters; that discovery be conducted with no one present except persons designated by the court; that the contents of a deposition not be disclosed or be disclosed only in a designated way; that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 9, 2007

PROXIMATE CAUSE

PROXIMATE CAUSE:
Proximate cause is a cause, normally found as an element of negligence, which in direct sequence unbroken by any new independent cause, produces the injury complained of and without which such injury would not have happened. There may be one or more proximate causes of an injury.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 7, 2007

REASONABLE MEDICAL PROBABILITY

REASONABLE MEDICAL PROBABILITY:
This simply means, in the context of medical opinion testimony, the opinion is “more probably than not”. It is the standard which must be met before the opinion of an expert witness will be admitted into evidence. In personal injury cases, this may be the opinion testimony of a health care provider concerning the patient’s condition, diagnosis, or prognosis.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 7, 2007

PUNITIVE DAMAGES

PUNITIVE DAMAGES:
Punitive or exemplary damages are monetary damages, which combine punishment and the setting of public example. These damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. In the State of Washington punitive exemplary damages are allowed in very limited circumstances by statute only.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 5, 2007

RELEASE

RELEASE:
This is a waiver or relinquishment of a right, claim, or demand.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 3, 2007

RELEVANT EVIDENCE

RELEVANT EVIDENCE:
This refers to evidence, which has any tendency to make the existence of any fact that is of consequence to the determination of an action more probable or less probable than it would be without the evidence.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: December 1, 2007

REPLY

REPLY:
In pleading, this a response to an answer. In motion practice, this is a written argument in reply to a response to a motion.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.