Posted On: January 30, 2008

IMPEACHMENT

IMPEACHMENT:
This refers to the cross examination of a witness in order to discredit the witness by showing that he or she is not telling the truth or does not have the knowledge to testify as he or she did. Impeaching a witness can be accomplished by demonstrating the difference between the witness’ testimony at trial and in a prior statement, showing bias or prejudice, or showing erroneous assumptions made by the witness in drawing conclusions


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: January 30, 2008

INJURY

INJURY:
Harm or damage to a person.


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: January 29, 2008

INSURER

INSURER:
The insurance company with whom a contract of insurance is made or who insures a particular claim or loss.


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: January 29, 2008

Seattle Times Reports ‘Hospitals to tear up bills for Medical Mistakes’

The Seattle Times reported today that, under a voluntary agreement between the State of Washington, Governor Christine Gregoire and leading hospitals, medical centers and medical providers, medical providers will not bill patients when their medical errors results in injury to the patient. The agreement is not binding but pledges that patients will not be billed for surgeries to correct mistakes and hospital stays as a result of mistakes.

The Seattle Times article detailed the case of Dennis Rockenbach of Bellingham who was severely injured after an operating room error resulted in severe burns to his throat during routine surgery. Rockenbach was in intensive care for a month after surgery and was then billed $66,000 by the hospital and his physicians. Rockenbach sued the hospital and physicians and ultimately settled his case for $7 million dollars.

Patients routinely are billed for mistakes such as surgical instruments left in the body and operating on the wrong limb. The most common injury to a patient is bedsores – pressure ulcers – which may result when a patient is confined to bed for a long period of time.

The Leapfrog Group for patient safety, a national organization which works towards eliminating medical mistakes, was instrumental in facilitating several states and groups in working out this agreement.

This agreement between the State of Washington and medial practitioners goes a long way in helping medical practitioners accept responsibility when they make a mistake. However, if a patient is injured as a result of medical negligence, they may also be eligible for a damage award. If you want more information on this case or assistance with a medical malpractice case, contact us at the Farber Law Group. With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling medical malpractice cases, you may be able to recover damages in a medical malpractice lawsuit.

Posted On: January 28, 2008

INTERROGATORIES

INTERROGATORIES:
This is a discovery mechanism consisting of written questions submitted by one party to another party with written answers provided to the interrogatories under oath.


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: January 27, 2008

JOINT AND SEVERAL LIABILITY

JOINT AND SEVERAL LIABILITY:
Referring to a debt or a judgment, in which each debtor or each judgment defendant is responsible or liable for the entire amount of the debt or judgment.


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: January 26, 2008

JUDGMENT

JUDGMENT:
The final decision or order by a court, which puts an end to a lawsuit. The judgment sets forth the dollar amount of any monetary award, which is made to a party by a judge, jury or arbitrator, as well as sets forth which party is required to pay it. In an equitable proceeding, this is referred to as a decree.



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: January 25, 2008

JURISDICTION

JURISDICTION:
The authority given by law to a court to try cases and rule on legal matters within a particular geographic area, and over certain types of legal cases.




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: January 24, 2008

JUROR

JUROR:
This refers to a member of a jury panel.


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: January 23, 2008

JURY

JURY:
This was an innovations of English common law. Historically, it came from the Angles and Saxons, but it was also employed in Normandy prior to the Norman Conquest in 1066. It is a group of citizens called to hear a trial of a civil lawsuit or a criminal prosecution. In a civil case, the jury determines the prevailing party and the amount of damages. In a criminal case, the jury decides the factual questions of guilt or innocence. Once selected, a jury is sworn to give an honest and fair decision. All factual questions are decided by the jury. All legal questions are decided by the judge presiding at the trial. The judge explains those issues to the members of the jury in “jury instructions”. In a personal injury case, any party may ask to have the case heard by a jury. Depending upon what court the case is tried in, a jury may consist of between 6 to 12 people.


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: January 22, 2008

LAW

LAW:
A system of regulations to govern the conduct of the people of a community, state, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. Most American law is based upon the Justinian Code and British common law. Law can be natural law, common law, constitutional law, case law or statutory law. The term law can also refer to lawsuits or actions at law as opposed to suits in equity.


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: January 21, 2008

LAY WITNESS

LAY WITNESS:
This is a fact witness, as opposed to an expert witness. A lay witness is a person, with knowledge based on his or her first hand observations, whose testimony is helpful to determine one or more facts at issue.


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: January 21, 2008

LAWSUIT

LAWSUIT:
The common term for a formal legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a “suit”. To begin a lawsuit, a complaint is filed with the court and the defendant is served with a copy of the summons and complaint. The legal claims within the lawsuit are called “causes of action” or “claims for relief”.


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: January 20, 2008

LEADING QUESTION

LEADING QUESTION:
This is a question, asked of a witness at trial, which suggests the answer to which the witness is asked to agree. Leading questions may be used during cross examination, but are generally not allowed during direct examination.


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: January 19, 2008

LIEN

LIEN:
A formal claim or encumbrance on property or funds to secure payment of a debt. When a person is injured, a health care provider has a right to place a lien on the injured person’s claim to guarantee that his or her bills will be paid when the case concludes.


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: January 19, 2008

LIABILITY

LIABILITY:
The legal responsibility or fault resulting from one’s acts or omissions resulting in injury to a person or damages to property.


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: January 18, 2008

LIQUIDATED DAMAGES

LIQUIDATED DAMAGES:
This is the amount of damages or money agreed upon in advance by the parties to a contract, which one party will pay to the other in the event he or she breaches the contract.


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: January 17, 2008

LITIGATION

LITIGATION:
This is the process of filing and prosecuting a lawsuit and defending against it.


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: January 16, 2008

LOCAL RULES

LOCAL RULES:
Also referred to as local court rules. Rules of court procedure adopted by courts in many individual counties.



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: January 16, 2008

Washington State Supreme Court Reverses Wrongful Death Ruling

The wrongful death of a DuPont, Washington worker recently resulted in the Washington State Supreme Court reversing on appeal the King County Superior Court’s dismissal of claims for wrongful death and negligence.

The King County worker was crushed to death when concrete blocks fell on him while he was investigating the source of a leak in subterranean pipes that burst and liquefied the soil in which he was working. The trial court dismissed the estate’s claim for wrongful death and negligence against the general contractor and the subcontractor who buried the pipes. The dismissal was based on what is known as the “completion and acceptance” doctrine, which stood for the proposition that once a design professional or contractor turned over work on a building to its owner, the design professional and contractor were exempt from liability for negligent design or faulty work.

washington state supreme court
The good news for Washington workers is that in reversing the King County Superior Court, the Supreme Court joined 37 other states and invalidated the “completion and acceptance” doctrine and held that the estate of a worker injured by improper design or faulty work on a building should be able to recover damages and that a special 6-year statute of limitations applied to lawsuits against design professionals and contractors.

If you want more information on this case or assistance with a wrongful death case, contact us at The Farber Law Group. With the help of the Farber Law Group, a Washington firm experienced and knowledgeable in handling wrongful death cases, you may be able to recover damages in a wrongful death lawsuit.

Posted On: January 16, 2008

Medical Malpractice Jury Awards 2.5 Million in Damages for HIV Misdiagnosis

In Washington State, there is no defined cap on damages in medical malpractice cases. A recent verdict in Massachusetts awarded a woman 2.5 million dollars for medical misdiagnosis after she had been treated for nine years for HIV infection when she never had the virus. One can only imagine the psychological and physical toll on this woman who had to take a cocktail of anti-viral medications, each with their own side effect. After her correct diagnosis, the woman said it was hard not to live like she had HIV.

This kind of misdiagnosis is not as uncommon as one might think. In January of 2002, an Oklahoma jury awarded a man 1.4 million dollars after he had been treated for HIV when he also did not have the virus.

Medical malpractice occurs not only when a doctor fails to re-check tests or order additional tests when they are warranted. It can also occur when the doctor’s course of action causes the patient harm, as in the above mentioned patient who had the expense and physical side effects of medications for a disease that she did not have.

If you have been misdiagnosed and failed to receive adequate medical treatment as a result, with the help of The Farber Law Group, you may be able to recover damages. Call us today for a free case evaluation.