Photos Can Be Used to Deny Disability Claims

Insurance is a business, and as such, an insurance company will do everything it can to increase the money that goes in and decrease the money that goes out. This usually means that it will exert significant effort in trying to deny as many claims as possible. However, this can become a problem if a legitimate claim has been denied.

According to the website of Fields Disability, denied claims can be appealed, so don’t be afraid to ask why your claim has been denied and fight back.

Questioning your disability

But why are claims denied? One of the most common reasons is that your disability is questionable. It can be questionable because of many things, like when you don’t have enough medical records to prove it or when you have photos that prove that you are still quite capable.

The first one can easily be fixed by undergoing more medical tests, getting your medical records, and asking medical professionals to write opinions to make your claim more authoritative. But the second one can be problematic.

Yes, pictures can be used to make your disability questionable, especially if these pictures signify that you are capable of doings things that a disabled person should not be.

Taking pictures

An insurance company investigates cases not just to save money, but also to give coverage only to those who truly deserve it. One way to investigate is to record you in public. The insurance company may employ an investigator to take pictures of you, like when you are casually walking outside, taking the trash out, lifting heavy objects out of the house, and other physical activities that may show that you are not as disabled as you claim, and therefore does not deserve to be compensated.

Searching social media

Because of the rise of technology, the insurance company may not even get off the building to investigate you. It may just look into your public profiles and look for signs that you are not as disabled as you claim. The most common public profiles it may utilize are social media ones, particularly Facebook, Instagram, and Twitter. The website fieldsdisability.com has written an interesting piece about social media and denied disability claims.

If you have public photos that show you doing things that a disabled person cannot do, and that these photos are posted in a time where the disability claim is already relevant, your claim may be denied because of your disability being questionable.

Medical Malpractice: Birth Injuries

Medical Malpractice: Birth Injuries

Medical professionals need licenses to prove their competence. But there are times where even the most competent medical professionals become negligent or reckless. These instances can be overlooked if they didn’t cause harm to the patients, but if they do, it is a different story.

According to the website of Habush Habush & Rottier S.C., those who have been victims of medical malpractice may take legal action against the responsible party, like the medical professional involved. A medical malpractice case can be viable if the following has occurred:

  • There is a legitimate relationship between the professional and the patient
  • The professional holds the duty of care for the said patient
  • The professional has compromised this duty of care through action or inaction
  • The compromise has resulted into the patient’s harm

The website of Crowe & Mulvey, LLP has enumerated various areas where medical malpractice can take place, and one of the most controversial ones involve birth injuries.

Birth injuries can occur in numerous ways. They can be sustained because of complications during the pregnancy or child birth. There are also instances where the incompetence or negligence of the medical professional is their direct cause, like when the medical professional has failed to diagnose or treat complications, mishandled a delivery instrument, or practiced improper delivery techniques. Below are just some of the worst birth injuries:

  • Brain and spinal cord damage and other traumatic injuries
  • Cephalohematoma and other bodily complications
  • Facial palsy and other forms of paralysis
  • Toxoplasmosis and other kinds of infections

However, it is important to mention that the medical industry is complicated. This is the very reason why those in the industry show their competence through licenses. Because of this complexity, some injuries and medical complications that have been sustained even while on the medical professional’s duty of care may be justifiable. They only become subject to medical malpractice cases if the medical professional has been negligent, reckless, or made a mistake that a reasonable professional shouldn’t have committed.

Common Defenses In Nursing Home Abuse Cases

Some of today’s nursing homes have become places where elderly residents get injured or die. When the family of the senior citizen entrusted them to the care of the facility, they had the assumption that their loved one is in good hands for spending the last years of their life. Unfortunately, the elderly gets subjected to physical abuse and left with serious injuries. As a result, the family of the elderly files a case to make the nursing home liability for the injuries.

Cases involving physical elder abuse can be long and complicated. Both defense and prosecution will gather evidences to get a favorable verdict. The nursing home will hire the best lawyer to get themselves out of the liability to the elderly individual. Their lawyers will use several defenses to bail their clients out of liability. Some of the common defenses will include:

Lack of Criminal Negligence

To get an acquittal for their client, lawyers will argue that there was no criminal negligence involved in the case. While the action was careless, negligence should also be present.

Lack of Intent

The lawyer will also use lack of intent in defending their client against any liability. They will prove that the accused did not willfully act in a manner that would cause harm to the elderly.

Victim Was Below 65 Years Old

Under the law, the victim should be more than 65 years old in order for the accused to be convicted. However, the defendant may still be criminally liable according to state laws.

Accused Was Unaware That Victim Was More Than 65 Years Old

The law stipulates that there should be knowledge on the part of the accused that the victim was over 65 years old. The defense can use the age factor as a reason for not being liable for elder abuse.

These are just some examples of defense that a lawyer will use to keep nursing homes from being liable for abuse or neglect of elderly residents.

Speeding may be Thrilling, but It is also Nothing More Than a Grave Act of Irresponsibility and an Act of Disregarding Your Safety and the Safety of Everyone Else

One sad thing about driving is once an individual (most especially someone between the age of 16 and 24) earns his/her driver’s license, he/she easily forgets how to be responsible on the road, more so when driving with friends. Once behind the wheel, so many drivers easily forget all the education, training, advertisements and reminders that tell them about safe driving and road safety rules which will help keep them away from an accident – from getting injured or killed, or from injuring or killing someone else. Due to this, more than five million vehicular crashes still occur every year, with at least 30,000 of these accidents resulting to death and more than two million leading to injuries.

The top four causes of car accidents, based on analysis of crash data by the National Highway Traffic Safety Administration (NHTSA), are drunk-driving or driving under the influence (DUI), reckless driving, distracted driving and overspeeding or driving above the set speed limit.

Driving above the set speed limit is the third major cause of fatal accidents among drivers, car passengers, pedestrians and other motorists. Every time a driver goes above the speed limit, he/she increases the risk of accident and compromises the safety of so many others. This is because speeding, as proven through studies and actual events, reduces a driver’s reaction time to danger, makes stopping or slowing down a vehicle much harder, and lessens a driver’s control over his/her vehicle.

There are millions of cars that fill US roads and highways every day, carrying people to different points of destination. The speed, convenience and comfort that cars give passengers have made these the most ideal means of transportation for Americans. However, like any other type of equipment, if cars are not used or driven safely, then bad results are always high possibilities.

According to a speeding accident lawyer from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., when an accident occurs at high speeds, the amount of energy released during collision increases exponentially. The force of collision can cause life-altering injuries such as spinal and neck trauma (sometimes resulting in paralysis), head injuries, broken limbs, damage to internal organs, or severe lacerations and bruising; these are kinds of injuries that can rack up steep medical costs, and may prevent the victim’s ability to lead a normal life.

Speeding is something that a person willingly chooses to do. It can cause severe harm on anyone which, otherwise, may not even happen if traffic rules would properly be observed. This is why it is legally advisable for a victim to file a lawsuit against the driver at fault, first, to bring the liable driver to justice which, hopefully will make him/her have second thoughts about speeding again and, second, to seek compensation for the damages that his/her injury has caused, and will still cause. To make this legal move more beneficial to the victim, a seasoned personal injury lawyer or speeding accident lawyer may be able to provide the necessary legal assistance.

The Seriousness of Elder Abuse

Elder abuse has been on the rise, and the problem continues because many victims are too afraid to report their issues or they don’t know how to report them. Medical professionals have the legal and moral duty to report any abuse that occurs in a nursing home. In the state of Massachusetts, a number or laws and state regulations provide specific requisites for nurses to follow when reporting any form of abuse to their corresponding State Government.

According to the Board of Registration, abuse is defined as any “impermissible or unjustifiable contact or communication with a patient which in any way harms or intimidates, or is likely to harm or intimidate, a patient.” it can either be a verbal or non-verbal act that could cause the patient physical, emotional, mental, sexual, or even financial harm. Any nurse who has a direct observance of another nurse who committed in any form abuse has the responsibility of reporting the abusive nurse to the Board. The nursing complaint report should be completed and submitted to the Board.

Law firms such as Crowe & Mulvey, LLP suggest giving an oral report to their supervisor or their employer first, so that their supervisor or employer can inform the Department of Health. Families of the abused patient can file a personal injury claim against the staff or the nursing home facility if they prefer, and can hire a lawyer to help them with the claim. Nurses, and other medical professionals on the other hand, should follow the guidelines such as from M.G.L. c. 111, § 72G and from ref: 244 of the CMR 9.03(26). The penalties for failing to give oral and written report regarding the abuse when they where required includes a fine of less than US$ 1,000 and possible disciplinary actions by the Board.

Because of the fragile state of patients in nursing homes, any form or abuse, neglect, or maltreatment is and should be treated with seriousness. Regardless of their age, everyone has rights, and if those rights are taken advantage of then it is necessary to stop the abuse and ensure that the incident will not happen again.

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