Posts tagged with "MD"

Is it Medical Malpractice or Wrongful Death?

The untimely death of a beloved family member is devastating no matter the circumstances of their passing. But it can be especially difficult to come to terms with your loss when the matter surrounding their death was the result of medical malpractice or negligence that led to wrongful death.

Understanding the difference between wrongful death and medical malpractice can be a tricky one because while medical malpractice may lead to death and therefore a wrongful death lawsuit, not all wrongful death cases stem from medical malpractice.

In fact, medical malpractice occurs when a healthcare provider is negligent and the patient is harmed; while wrongful death is when someone dies as a direct result of the negligence, carelessness, wrongful act, or lack of action of someone else. While the definition sounds simple enough, the reality is rarely that simple.

When the death of your family member is caused by medical negligence or as a result of a wrongful death scenario, you want justice. You expect justice. In order to handle the uphill legal battle ahead of you, you’ll need to consult with a personal injury attorney in Rockville, MD.

The attorneys at Kurtz, Peters and Associates, LLC manage medical malpractice, wrongful death, and birth injury cases. If your loved one has died as a result of someone else’s actions, our lawyers will guide you through the process of understanding what happened, who is responsible, and determine your eligibility for receiving compensation.

Appealing Denial of Workers’ Comp Benefits

Are you one of the millions of Americans across the country spending your days working in risky environments? Like you, many workers push their physical limits lifting, pushing, pulling, crouching, and crawling on a daily basis. Some are even exposed to dangerous fumes, sharp objects, extreme heights, and harsh elements. In any of these scenarios, employees are at risk of getting hurt, so it’s no surprise that work-related injuries or illnesses happen as a result.

If you were injured on the job or developed a medical condition because of your work you’re no doubt hoping to be eligible for workers’ compensation benefits. But what can you do if your claim has been denied?

The workers’ compensation system is complex, and your claim could be turned down for any number of reasons. But what you may not know is that if your claim is denied, you have the right to appeal this decision. There are several common reasons for claims to be denied, including:

Missed deadlines – Injuries and illnesses must be reported to an authority in writing right away. Otherwise, it is harder to prove that the injury occurred while working, and not from another activity outside of work. State laws also determine deadlines for filing an initial claim, typically 30 to 90 days.

Unauthorized Physician – Your preferred doctor may not be a medical provider within the employer’s insurance network. In order to get your medical bills covered by workers’ compensation, make sure you see a provider recommended by your employer that is within its insurance network.

Employer Disputes Claim – Your employer may claim the accident happened outside of work, for instance, on your break or during your commute to work.

Pre-Existing Condition – If you had an injury or illness before starting your job and your job did not make it worse, you are typically not eligible for workers’ compensation.

An appeal of a workers’ compensation claim denial can be a complicated process. Experienced workers compensation lawyers in Rockville, MD, can represent you in your appeal hearing, as well as assist with everything from filing the correct paperwork to gathering evidence to support your claim.