Bargaining Power in Labour Law and the Employment Contract

Drinking Water FiltersThere are a range of ways of thinking about the role and purpose of labor law in our society. The first way of thinking is called the protective philosophy of labor law which is that the main object of labor labor law is to be a countervailing force in society to counteract the inequality of bargaining power between employers and employees. This sentiment is attributed to the work of Ott Kahn-Freund who was a German jurispudential philosopher. The perceived power imbalance derives from the perpetual pattern observed in economics of the power imbalance between those willing to purchase labor and those seeking to sell it. It is generally considered to be much easier for an employer to replace their employees than for an employee to find a new job.

There are pressures on workers from the need for geographical mobility and the desire to maintain their existing personal and familial ties which means that many workers cannot easily meet the demands of workers.

Labor Law Sentiments

Crying False Claims Should be a Crime

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Remember the story of the boy who cried wolf? This is similar to what insurance lawyers like me face on a daily basis – false claims. There are people in this world who will do anything to weasel money out of their respective insurance companies. Remember the movie I LOVE YOU PHILIP MORRIS? Well, the antics of Jim Carrey in the movie are similar to what people do in real life to get a few thousand dollars in settlement money. What people should realize here is that false claims can be a very serious offense.

False claims are harmless, as most people would want to think, but they are causing undue stress to a company that strives to provide honest service. When false claims are put forward, they put the insurance company into trouble because they end up wasting their manpower into proving that the claim was false and that the lawyers who defend them end up doing unnecessary work.

But sadly, there are more than thousands of false claims being put forward by a lot of people and most of them end up being paid for by the insurance companies just to make things easier.

So who is the bigger criminal?

Uncategorized

Understanding How the Medical Negligence Claims Cases Proceed

downloadPeople trust their doctors. There are many people who religiously follow the advices of their doctors and cannot imagine their physicians performing actions negligently. Unfortunately, their worst nightmares come true when these learned professionals whom they trust act negligently. The medical negligence solicitors provide legal solutions to the victims of clinical malpractice. If you take a close look at how they deal with these cases and ensure compensatory benefits for their clients, you can understand how the clinical negligence claims cases proceed.

The essential components of a clinical negligence lawsuit

The victimized patient or the claimant has to prove that the physician under whose treatment he was trying to recover from his ailment owed a ‘Duty of Care’ to him. He has to prove that the physician was inattentive in his work which resulted in his injuries. In order to gain compensation payout, one has to prove the ‘liability’ and ‘causation’ before the court. These two crucial components are defined here below:

• Liability: The claimant has to prove that the doctor or his assistant performed in such manner which is not expected from any average professional in that field.

• Causation: The claimant has to prove that the injury that resulted from the clinical malpractice would not have occurred otherwise. The job of a compensation claim lawyer is to prove that the negligent action of the doctor or the medical staff was the only reason of the accident, and no other reasons were involved.

The loss of earnings of the medical negligence victims is also taken in account. The present and future loss of income, changes in lifestyle and emotional sufferings are collectively bracketed as ‘quantum’.

Proving the liability

How do the medical negligence lawyers prove the liability of the physicians at fault? Generally references are taken from two previously awarded compensation claim cases. In a 1957 Bolam vs. Friern Hospital Management Committee case, it was recognized by the court that a physician is not negligent if he practices according to the norms or standards. On the other hand, if a doctor is found responsible for a patient suffering, he will only be indicted if it is found that he did not act in accordance with the standard practices. On the other hand, Bolitho v. City and Hackney Health Authority 1997 case is also considered a framework for proving the liability of the negligent doctors. The medical negligence solicitors draw reference from the verdict of the case which stated that if the management of a hospital has acted unreasonably, it proves that the body (or the management) did not act responsibly. These two medical negligence cases help the solicitors to prove the liability of the doctors.

The lawsuit filing procedure

• Reputable medical negligence claims management companies or the SRA certified solicitors dutifully adhere to the standard procedure of filing a claim. The standard procedure as follows:

• The claimant has to send a ‘Letter of Claim’ to the hospital authority or the individual practitioner under whose treatment he was.

• He has to state the particulars of claim and negligence in this letter.

• After receiving these documents, the defendant’s lawyer has to fend for his client.

• All the reports will be assessed by the court.

To conclude, if someone becomes a victim of the medical negligence, he has to prepare all the pertinent documents first. He also needs to find an expert solicitor for representing himself in the court.

Medical Negligence

Legal Representation for Clients in Birth Injury Cases

Chicago-personal-injury-attorney1-300x300There are few incidents more tragic than a birth injury. These injury cases can take place before birth, during or after the birth of the infant. In some cases, the injury is related to a hereditary condition, or problems related to the mother’s health during pregnancy. In others it comes about by a failure to provide the expected level of care by an obstetrician, anesthesiologist or other medical professional attending the birth or to the child afterwards. In such cases, it is crucial to get legal representation from a Mobile birth injury attorney to assist you with the legal matters related to the incident.

Birth Injury Lawyer Serving Families of Victims

When a family has looked forward to the birth of their child and has their lives shattered by a medical error, the legal aspects of the situation should be handled by a skilled attorney. Each case has unique circumstances surrounding the birth injury case, and how it will be addressed and what claims will be made on behalf of the injured child is dependent upon the degree of injury and how their future quality of life will be altered by the act of negligence. Legal teams are prepared to pursue compensation for damages for the injured child and their families in cases of birth injury, brain injury, cerebral palsy and brachial plexus injuries.

If your child has been diagnosed with cerebral palsy or other birth injury, legal firms would like to review the case and advise you how to move forward with the claim or lawsuit that will be necessary to provide the compensation for the damages suffered by the baby and the family after such a tragic incident. The medical costs for caring for a child that is seriously injured due to medical negligence are likely going to be very high. In some of the most serious cases, the child may need a lifetime of medical or nursing care and equipment, as well as rehabilitation and other special needs.

When the injury could have been avoided had proper care been provided by the medical team attending the birth, the case must be addressed with a claim for compensation for damages that truly reflects not only the medical costs, but other damages including pain and suffering, loss of quality of life and other damages that the injured child now faces, depending upon the degree of injury suffered in the birth process.

Case Representation