Employer Fundamentals: Understanding Employment Law
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Employer Fundamentals: Understanding Employment Law

As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.


Employer Fundamentals: Understanding Employment Law

Understanding The Difference Between Human Error And Medical Malpractice

Irene Robertson

When you feel that you have lost someone close to you due to the negligence of a medical professional, it can be a disheartening situation. However, it is all too easy to point fingers when there really is no one in particular to be blamed for the death of your family member. Proving medical malpractice is not usually easy and can sometimes seem like an impossible feat. This is why only specialized attorneys are equipped to handle medical malpractice claims. The fact is, it is human nature to make an error, and this is not the same as medical malpractice.

Where Does the Proof of Medical Malpractice Lie?

Many people who file a malpractice claim do so because they feel that someone was negligent, but they have no definitive proof of what they believe to be true. Doctors and other medical professionals make mistakes all the time. It is only human nature to be imperfect and make a wrong decision or make the wrong move, especially in high-stress situations. In order for a claim to be successful, negligence must be proven. The physician's actions during treatment or care will be weighed against the standards of what other doctors would do in a certain situation. For example, if a doctor chooses to immobilize a diabetic patient with a hard cast, in spite of the fact that the patient would be prone to blood clots, this could be considered negligent as most doctors will see the risks of immobilization and choose a different route.

What Is the Burden of Proof in a Medical Malpractice Claim?

Medical malpractice claims are a civil action lawsuit and different than the average criminal trial. In criminal cases, the burden will be to prove beyond a reasonable doubt that someone is responsible for a crime. However, medical malpractice lawsuits are not nearly as cut and dry. The determining party, such as the judge or jury, will carefully weigh all evidence and decide which side is the most credible with the claim by preponderance of evidence, which is often called the balance of probabilities. There may not always be a clear answer to whether or not a medical professional was completely responsible for someone's death. If the plaintiff is found to have reasonable proof, through expert testimony or other evidence of neglectful activity, they will be due damages for their loss.

If you are considering a medical malpractice claim due to the loss of a loved one, it is important that you speak to an attorney to find out more about your options and whether you have a legitimate reason to file a suit. The medical malpractice lawyer, such as from Hazelton Law Group, will offer you sound advice about whether or not you should move forward.