Medical Malpractice Claim Failure To Act
Medical professionals have a legal duty to uphold the standards of care set by the medical community. Through action and inaction, physicians and other medical professionals can harm their patients, leading lead to medical malpractice lawsuits. Consider a patient who visits a doctor because he is experiencing troublesome stomach symptoms.
The doctor diagnoses the issue as an infection and decides to treat it with antibiotics. However, the doctor did not review the patients record or talk to him about his medical history. Had the doctor taken a complete medical history, he would have found out his patient was allergic to antibiotics. The doctors failure to get a complete medical history may constitute medical negligence.
How Do I Sue The Government
When you have been involved in an accident with a government entity, the first step is determining what government umbrella that agency falls under federal, state, or municipal. The rules for each may vary not following the exact required legal steps can result in your injury claim being reduced or dismissed entirely. Having an experienced Arizona injury lawyer handle your case can make all the difference in the outcome of your claim.
Can You Sue The Federal Government
Yes, in many cases, you can sue the federal government for injuries that you sustain because of the negligence of a federal employee. There are a few exceptions, limitations, and different procedures for bringing a claim against the federal government than there are for bringing a claim against any other entity.
You need to be aware of the Federal Tort Claims Act, notice requirements, time limitations, and limitations for collecting damages. However, as long as you meet all of the requirements and youre willing to go through the extra steps that are involved when you bring a claim against a federal agency, you can sue the federal government.
The Government May Be Immune From Your Injury Claims
The government is immune from certaininjury claims. While this immunity is less broad than in the past, thegovernment is still immune from many injury claims. Again, this immunity varies from state to state. Let’s take alook at the government immunity laws of two states.
In Illinois, there are several governmental immunities related to negligenceclaims. Under Illinois Law, the government is immune from lawsuit fornegligence for:
- failure tosupervise activity on public property
- negligencerelated to health and safety inspections, and
- negligenceconnected to injuries caused by unsafe conditions on government propertyif the government did not have notice of the conditions.
In Pennsylvania, governmental employees and entities also enjoy certainimmunities from liability. These immunities relate to:
- operationof a motor vehicle
- care,custody, and control of personal and real property in possession of thegovernment
- dangerousconditions of trees, traffic controls, street lighting, utility servicefacilities streets, and sidewalks, and
- care,custody, or control of animals in possession of the government.
Most states will not allow injured persons to recover punitive damages fromthe government. Punitive damages are compensation that is awarded to an injuredperson in order to punish the wrongdoer and deter future similar misconduct.The rationale behind this policy isthat, where the government is involved, punitive damages would not have thesame deterrent effect.
Who Can Be Sued
A civil lawsuit can be brought against a person, business, organization or even a government that has caused you injury or financial loss. In cases of negligence, anyone can be sued, including a minor. However, it is unlikely that a minor will have the necessary funds to compensate for the damages they may have caused. In most cases, parents will not be held responsible for the actions of their children, unless it can be shown that they were negligent in their care of the child. The younger the child, the more responsibility the parent has because they are presumed to be able to control the actions of the child. Also, in cases where a lawsuit is brought against a government, such as in slip and fall cases, special rules and time-frames for starting the lawsuit exist.
If you are uncertain about whether you are legally able to start a lawsuit, defend yourself in an action, or sue a government or someone who may be a minor or incompetent, you should contact a lawyer. It is important to start the process as soon after the injury occurs as possible.
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See If The State Assumed An Affirmative Duty To Protect You
Several higher courts have ruled a States knowledge of special dangers posed by a third party to an identified victim gives rise to legal, governmental liability. The states willingness or agreement to provide victim protection can create a special relationship between State and victim.
Because of this, these courts ruled the Due Process Clause mandated these police departments and their agents to render adequate victim protection.768 F.2d 503, 510-511 Jensen v. Conrad, 747 F.2d 185, 190-194, and n. 11 , cert. Denied, 470 U.S. 1052Balistreri v. Pacifica Police Dept. 855 F.2d 1421, 1425-1426 Estate of Gilmore v. BuckleySeventh Circuits opinion cert. Denied, 479 U.S. 882Harpole v. Arkansas Dept. of Human Services,820 F.2d 923, 926-927 Wideman v. Shallowford Community Hospital, Inc.,826 F.2d 1030, 1034-1037 .
- Police Officer Discretion Isnt Absolute
Police discretion to stand by while people die or get injured is not an absolute defense. As noted, police must protect people they have placed in danger. Lets say a cop pulls you over in using his patrol car during heavy traffic and orders you out of your car into an oncoming truck, killing you.
In that case, your survivors could sue the officer for wrongful death under negligence law theory. Police officers just cant be held liable for negligence for failing to show up and protect you. And believe me, our car accident law firm has sued plenty of negligent cops.
- No Duty, No Right To Protection?
Yes You Can Sue A City For Negligence Heres How
Suing an individual or business is something we hear of all the time in the United States. Less common is the suing of a city, state, or other municipality. Can a person even do that?
The short answer is yes cities can be sued in personal injury lawsuits and other types of civil suits. However, the process is different from suing a person, company, or other private organization.
In this blog article, well outline some situations where suing a city might be possible and explore how these claims work. Well also look at some specifics of how the process plays out in North Carolina.
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North Carolina Tort Claims Act
The North Carolina Tort Claims Act is the specific section of our state laws where the state waives its sovereign immunity against certain types of negligence claims. The NCTCA applies in any case where a state officer, employee, or agent engages in negligent behavior and causes harm while acting as a government employee. In these cases, the act makes it so you can sue the state just like any person or company.
All claims made under the NCTCA have to be filed with our states Industrial Commission, which is the court that typically hears workers compensation cases. The NCTCA governs local as well as state cases, and most cities include information on how to file these claims in their offices and on their websites.
Note that the NCTCA only allows you to sue the state government for the actions of an employee if that employee was acting in the scope of their duties. So, if a driver working for the city crashed into you while they were on the clock and driving a city vehicle, you can potentially sue the city for damages under the NCTCA. However, if the same driver hit you in the evening while they were off duty, the state is not liable.
Also, the NCTCA doesnt apply if an individual government employee hurt you because of an intentional act. If a government employee hurt you on purpose, the city isnt liable, although you may be able to sue the employee as a private citizen by filing an intentional tort claim.
Can You Sue The Government For Accidents Caused By Federal Agency
The government has always been protected by the legal doctrine known assovereign immunity, which prohibited a victim from suing the government unless the government consented. However, in 1946, the United States government passed the Federal Tort Claims Act . This allows victims to sue government agencies under certain kinds of lawsuits if an at-fault government employee was acting within their job scope at the time of the incident that caused an injury. There can be a gray area in interpreting the law, as well as many limitations, but a seasoned Phoenix personal injury attorney may help determine whether or not you can file a claim.
Before you can file a lawsuit against the government agency, you first need to file a claim with them. This is called an administrative claim. This claim must be filed within two years of the incident. The agency then has six months to respond. If the agency agrees with your claim, they may pay you the damages you are seeking. If they disagree with your claim, or only offers a partial payment of your claim, you then have six months to file your lawsuit with the court.
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Can You Sue The Government For Injuries
Many people wonder if you can sue the government for injuries. People usually wonder this following an injury either at a government building or on property maintained by the government, for example. However, the answer isnt entirely straightforward.
You cannot sue the government for injuries if the negligent acts that led to your injuries occurred while a government employee was performing a governmental function. Michigan law states that a governmental function generally means that if the employee is doing his or her job when the negligence occurs, you cannot sue the government. However, a few exceptions to government liability in Michigan exist.
Sovereign Immunity For Federal And State Government And Government Officials
One of the biggest hurdles to getting justice from the federal, state, or local government, or an employee, or official, is the legal doctrine of “sovereign immunity.”
This legal doctrine basically states that the government is immune from liability .
However, while immunity is an actual thing, under limited circumstances, the government cannot claim sovereign immunity to escape liability. The United States Supreme Court is expected to provide more insights as to when immunity defenses will apply to police officers and federal agents that are being sued for civil rights violations.
California Tort Claims Act
The states have also adopted their own set of laws waiving immunity for certain tort claims. Californiaâs version permits premises liability cases where the government had notice of a dangerous condition that caused an injury and instances where the government is vicariously liable for the negligence of its employee.
How To File An Administrative Claim For Government Negligence
If youre interested in suing the government, the claims process is a little different. You must first file an administrative claim within two years of the accident or wrongful conduct. Then, you can sue the federal government agency that wronged you. For example, if you were injured due to some kind of dangerous condition at your local post office, you would start your legal journey by filing an administrative claim with the U.S. Postal Service. You can do this easily by filing an SF95 form from the federal government.
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Can I Sue The Government For A Personal Injury
Accidents with government entities happen all the time. However, under the doctrine of sovereign immunity, these entities are generally protected from lawsuits. So what happens when a police officer runs a red light and t-bones you? What if a state-run hospital fails to properly diagnose you, causing irreparable harm to your body? Or what if you are in a United States Postal Office and you fall through a faulty wooden step on a stairwell? These are common questions that injured victims ask. Although local, county, state, and federal governmental entities are generally protected from suit, many of these entities have enacted laws that subject them to suit if the entity itself acted negligently and caused a personal injury to occur.
Claims Against the Government
Claims against governmental entities are often complex and require a substantive understanding of the law along with knowledge of strict deadlines and filing requirements. One false step in pursing your claim against a government entity could bar you from recovering for any injuries you have sustained, including bodily harm and property damage. Most government entities have their own process, procedures, and rules that must be followed in order to assert a successful claim. Here are examples:
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Can I Sue The Police For Failure To Protect
The Police are there to protect and serve and in their duty to the safety of civilians should be their prime concern. Of course, the Police arent superhuman and cant always prevent harm coming to everybody, but if failing to protect is due to misconduct, you could be entitled to make police negligence claims for compensation.
If you or someone you know has suffered emotionally or physically, or a family member has even lost their life due to police negligence. If so then please get in touch with us and we will answer any questions you may have and advise you on the best course of action to take and strive on your behalf to get the best compensation we can for you.
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Be A Prisoner Or Subject To State Confinement
Even if you are a prisoner, the states duties to you are spelled out. They cannot guarantee youll be safe among inmates. All they must do is not subject you to deprivations not generally authorized by their confinement. Hughes v. Rowe 449 U.S. 5, 11Vitek v. Jones 445 U.S. 480, 491-494.
Because an inmate is entitled to receive proper medical treatment, he can make out an Eighth Amendment civil rights claim if he can prove the state showed deliberate indifference to his/her serious medical needs. 475 U.S. 312.) Of course, when police abuse you, they are directly violating an affirmative right under Title 42 Section 1983 and other laws. Your whole argument hinges on whether the police had or took on an affirmative protection duty to you.
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Our Personal Injury Law Firm Is On Your Side
Are you wondering what it means to have our team on your side? Injured clients we helped in the past say the following:
- I really needed someone to guide me through the process, and Caina was there every step of the way. She offered me clear and objective options that allowed me to make the best decisions for our family moving forwardThank you so much, Caina, for everything! Neka Beckwith
- Its never a fun journey after an accident, dealing with doctors, insurance companies, and claims, but Laborde and Earl law firm really took good care of my mom during her journeyThey sat down and explained everything I will definitelyuse yall again if Im in need. Thanks again!!! Tina Marcotte
- I cant say enough about my experience with Laborde Earles. Caina Green is passionate about what she does and is the best in the business. She is an amazing attorney and an even better person. She genuinely cares about what she does, and it shows. Lesley Turner
We appreciate recommendations like these because our legal team never stops fighting for or supporting our injured clients.
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Maintenance Of Public Highways Exception
This exception applies to every highway, road, or street that is open for public travel. Moreover, it applies to every governmental unit, whether local or state, which has responsibility for a publicly-traveled road. The exception requires that the government maintain the roadway in reasonable repair so that it is reasonably safe and convenient for public travel. Of course, what reasonable repair or reasonably safe and convenient for public travel can mean many things. Each situation must be examined for its own specific facts.
Another limitation to this exception is the fact that the duty to keep the road in reasonable shape extends only to the improved portion of the highway designed for vehicular travel. In other words, the duty to keep the road in good shape only applies between the white fog lines on either side of the road. The curb, shoulder, ditch, or any other portion of the road which is not designed for vehicular travel is not included and therefore the government is not responsible for injuries that are caused by these parts of a roadway.
Finally, if you believe that you have a claim based on a poorly-maintained roadway, you should be aware many strict notice requirements apply to these types of cases. You should not hesitate in speaking with a Michigan personal injury attorney as it could limit or even completely prevent you from pursuing a claim if the notice requirements are not met.
What Is Considered Police Brutality
Police brutality is a form of police misconduct. It is the use of excessive physical force by a police officer or other law enforcement officials. It is essentially the use of force beyond what is reasonably necessary to arrest, apprehend, or question a suspect or any other person.
Police abuse is similar to assault and battery by a private individual. Police do not have the authority to unreasonably injure people simply because they have a badge and a uniform. In fact, they are trained to restrain from abuse whenever possible.
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