Tag Archives: Legal

An Akron DUI Attorney Shares what you need to Know about Field Sobriety Tests

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Simply because of the complexities surrounding DUI (driving under the influence of booze or illegal drugs) or OVI (operating a vehicle impaired) in Akron, it is likely that getting a suitable   Akron DUI attorney  can certainly help you in getting your license suspension revoked, and both having the DUI charges dropped totally or at least having the term lowered.

 

The fees and penalties for a DUI or OVI charge in Akron are considerable, so you truly should think twice before drinking alcohol and driving (clearly), as well as before you dismiss obtaining an Akron DUI attorney offhand. The consequences may consist of:

* A fine

* Imprisonment

* License suspension

* Vehicle confiscation

* Probation

* Electronic home incarceration

* Vehicle ignition lock

* Community service

* Alcohol/drug education classes

So as you can see, the charges aren’t some thing to be treated lightly.

 

For those who have been arrested and charged, your Akron DUI attorney will wish to submit an appeal inside 10 days to request a BMV hearing. It’s during that hearing where your   Akron DUI   lawyer will try to get your driver’s license suspension terminated, so that you can keep your personal driving rights. This really is the first place where the proof concerning the field sobriety screening will come into play.

 

Following the BMV hearing, the criminal hearing will transpire, and this is the additional place (obviously) where having a competent, experienced Akron DUI attorney will help in having your charges decreased. This really is the second location where the   field sobriety  screening evidence will be utilized.

 

In both cases, your Akron DUI attorney will attempt and posit that the proof was obtained illegally. Field sobriety screening has a few flavors, namely:

* OLS – one leg stand, where you need to increase your leg and stand for 30 seconds

* WAT – walk and turn, where you have to walk heel to toe for 9 steps on the line, turn around, and walk back again

* HGN – horizontal gaze nystagmus, when involuntary jerking of the eyeball as the eyeball moves to the side occurs

* Breathalyzer test – to test blood alcohol content by breath

 

The 1st 3 rely on bodily cues to find out whether or not your blood alcohol content is likely to be over the limit. The very last one mandates a person to blow into a breath analyzer unit, and the unit will read out your blood alcohol content.

 

These are the standardized tests in Akron as well as Ohio. The primary factor to remember is that if the tests were implemented in a way that is different to the official regulations, or if the breath analyzer device has not been regularly screened and calibrated, or if the tests had been executed more than three hrs after the supposed DUI event, then the evidence collected from all these tests might be dismissed in a court of law, which will have a significant bearing on your case.

 

To be able to determine the probability of this being the case, and for further help and advice with the case if you have been charged with a DUI or OVI, I genuinely do advise finding a good Akron DUI attorney, as they are effectively versed in the laws and specific requirements, and can make the difference in your case.

 

How To File A Medical Malpractice Lawsuit

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Surgeons in the US are facing lawsuits here and there and sad to say most of them arise from the risks associated with the job and physicians do not have control most of the time. Let us take a deeper look into what the most common reasons for malpractice lawsuits are and the steps on how to file such a lawsuit.

Its standard procedure to go for the long and hard process of correct treatment but there are doctors who would prefer the quick fix. This is a big no-no in the medical field because there could be some repercussions that might become damaging to the patients’ health. Lets look into an overweight guy as an example of someone trying to seek medical help. Even if a patient demands surgery, it’s the doctors responsibility to inform him of the possible repercussions and prevent the patient into getting procedure that is not really needed because going through a weight loss surgery will warrant malpractice. What we call this in most courts is an unwarranted procedure or surgery.

Even our medical experts commit errors but if they do it could be their license at stake not to mention the very high costs of getting lawyers here. There are times when its hard to diagnose a patients true ailment and diagnosing the wrong one could get a doctor in real mess. However, the doctor might have missed the real injury which was a fracture. A patient then would gladly go home without receiving proper medical treatment. The fracture becomes worse in a couple of days until the situation becomes really bad. Lawyers would call this as the misdiagnosis of a or delayed diagnosis.

Surgical procedures always have a reason to be done as well as having associated risks. The failure to obtain informed consent happens when a doctor doesn’t fully explain the importance of possible repercussions of a proceure.Medication errors happen because the doctors is hurrying it up to get it done with the patient.

With all of the carefulness of doctors, they sometimes slip and cause unwarranted injuries in their surgery. Take for example an injury incurred from a Transvaginal mesh.  This would incur a transvaginal mesh lawsuit or simply a vaginal mesh lawsuit. 

As someone who will file a medical lawsuit to his doctor, you need to familiarize yourself with 5 easy steps and first among them is getting a lawyer. Going back to the example, a vaginal mesh lawyer is what our patients need. After securing legal elements, they should be filed in court with the help of the lawyer.  The 3rd step is getting a certificate of merit.

Fourth is filing the lawsuit and letting the accused party know, and the last step is bringing it to court. Medical malpractice lawsuits cause a lot because of the sensitivity and lots of gray areas of the issue. The range of typical medical malpractice lawsuits are $50k to $100k.

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Medicare Fraud: What You Should Know

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Medicare fraud reporting has not been common in the United States nowadays despite many frauds. Medicare fraud is characterized by instances wherein a medical provider tries to cheat the Medicare program through false information for monetary gain.

Some accusations towards providers didn’t have sufficient supporting evidence, thus many frauds go undetected. Many providers, suppliers and physicians take advantage of the “honor system” of billing followed by the Medicare program. In the past, it was meant to assist honest physicians who care for the less fortunate with medical services.

The following types of circumstances necessitate Medicare fraud reporting:

1. Patient Billing – this happens when the patient who also takes part in the fraud will present their Medicare number in order to get kickbacks. The physician, supplier or provider will charge Medicare and the patient will pretend to have received the medical service or item.

2. The provider inflates the bills through a billing code falsely stating that the patient needs to go through an expensive medical procedure.

3. Phantom Billing – this is a scenario wherein the medical supplier, provider or doctor will charge Medicare for excessive services or for services that were never provided for, such as medical tests or equipment. To prevent this, the patient can closely examine the records for any discrepancy.

As a beneficiary of Medicare, the program relies on you as a vital link to detecting Medicare fraud. Only you can really narrow down the services and items that were and were not provided to you. Once you’ve received your Medicare Summary Notice, it is best to thoroughly examine its contents.

If you find anything suspicious, notify the physician, supplier or provider as it might just be an honest mistake. If they do not assist you about it, then you can report them.

The Medicare Fraud hotline is 1-800-HHS-TIPS (1-800-447-8477). You can also contact them by Fax at 1-800-223-2164 (maximum of 10 pages), and email at HHSTips@oig.hhs.gov.

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