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Nurses can be named in these lawsuits if the plaintiff believes that their actions contributed to the injury. This could be a career destroying situation if you are not prepared. If you find that you have been named in a medical malpractice lawsuit, make sure that you follow all the necessary steps as outlined by your attorney. Simply defined, medical malpractice is improper, unskilled, or negligent treatment of a patient.
This could be from the actions of a doctor, dentist, pharmacist, radiologist, or nurse. In order to protect nurses and other health care providers from frivolous claims of malpractice or negligence, the law stipulates that four elements must exist in order for a lawsuit to be considered viable:. In a medical malpractice lawsuit, the burden is always on the patient to prove that all of these elements existed.
As a nurse, your vocabulary centers around blood counts, syringe types, and vital signs. You should also know some key words related to medical malpractice:. Any one of the following could be construed as negligence, and result in you being named in a medical malpractice action:.
Your best defense is to always follow the accepted standards of care, and document all of your patient interactions. Charting is not only in place to monitor the condition of a patient, it is there to show proof of each action you have taken with a patient and why. Personal injury laws do vary slightly from state to state. If you are personally named in a lawsuit, whether solely or as a part of the facility you work in, you should contact an attorney right away.
They will be able to help you sort out the specifics of the case in relation to the laws that govern your state. The hospital or clinic that you work in will likely have nursing malpractice insurance to help cover any losses from a lawsuit, but this is not always enough.
You could also protect yourself and career by purchasing an individual policy. Having individual nursing liability coverage will provide you with an attorney that works to protect your best interests, not those of the institution that employs you. Nurses never mean to do any harm to a patient, but sometimes situations extend beyond our control. The best way to defend yourself in a medical malpractice suit is to always have documentation that you worked in the best interest of every patient, to the absolute best of your ability.
Technology surrounds us and permeates our daily lives. Not all that long ago, the idea of a pocket-sized device enabling us to stream movies and TV shows, take high-quality photographs and use it like a credit or debit card would have been absurd.
Some of those developing technologies involve money and investments. Cryptocurrencies have been all over the news as late and provide a prime illustration of a potential area of future litigation.
It is not issued by any government nor is it backed by any physical collateral, it is simply an invented finite number of units 21 billion that people could trade on the internet for products, services and cash, establishing a value for the cryptocurrency. Bitcoin is a highly volatile investment. Within the month of December itself, the fluctuations are painted in a stark light. A bit pricey for a slice no matter how good it is.
With that kind of rapid change and huge sums of money gained or lost, without a doubt, lawsuits are inevitable. One thing is glaringly obvious, the cryptocurrency markets are as complicated as any stock, bond or commodities trading anywhere in the world. Perhaps more so due to the lack of any governmental oversight or regulation. That means when the court filings start it will be vital to have somebody who knows that world inside out.
Many attorneys practice in the area of securities litigation, one such is the prominent Atlanta, Georgia-based Martin Chitwood. Chitwood has expressed his love for the law in several ways. First, as a litigator but also as the author of a book about the relationship between English and West African Common Law and as the writer of a TV movie set in Alabama.
Among those are cases involving BankAmerica Corp. A lawyer with experience in different jurisdictions is also a plus. He has represented clients in state courts throughout Georgia and in federal courts within the 11th, 2nd, 5th, 8th and 9th Circuits, among others.
There is no question that technology has helped make life easier for the vast majority of us. From keeping up with friends on social media to having purchases delivered straight to your door through companies like Amazon and eBay to having access to an abundance of information that used to take buildings to store, the way we live has certainly changed, even in the last decade. However, by their very nature, people, corporations and governments are reactive, not proactive to these technologies.
This marked the end of a saga that had begun three years earlier when, unbeknownst to Martin, Carol called the police to report a false claim of domestic abuse against him. At approximately noon on Wednesday August 13, , Martin Chitwood left his beautiful home in La Jolla, California to get some lunch at a nearby restaurant. When he left, he had no idea it would be more than nine months before he would be able to spend another night in his home, and that he would not have access to his physical possessions during that period.
He would never get back many of the things he left there, including those things he treasured most dearly. He would lose all his photographs, including the only ones of his parents, his business records, and most of his memorabilia.
He would also have to leave behind his two white golden retrievers who were his best friends. The morning of August 13th started simply enough. Martin, who was a practicing attorney in Atlanta, was 70 years old and nearing retirement. The La Jolla house was a vacation home, and it was where Martin planned to retire. But his world would change when he returned.
His wife started an argument over whether he had fully participated in entertaining her friend during her visit. It struck Martin that Carol was unusually aggressive. However, the argument that morning had a different tone. The day before, Martin had gotten a notice from his bank that a bill was due, and when he tried to log on to pay it, he was notified that his password had been changed. When he attempted to reset his password, he discovered that his personal security questions had also been changed.
Martin was initially alarmed, but other than himself, only Carol knew what the answers to those questions had been, and he assumed the issue was a bank error that he and Carol would straighten out once her friend had left. After their argument that morning, the rest of their morning was uneventful.
Martin watched the financial news and played with the dogs, and Carol sat at her computer and shopped online. Just after noon, Martin decided to go out for his fateful lunch and asked Carol if she would like to join him, but she said she preferred to eat at home.
So Martin went to lunch alone. When Martin returned from lunch, there was a police car in his driveway. The Chitwoods had a construction project underway on the roof of their home, and Martin was concerned someone had been hurt. He approached the police officer, explained that he lived there, and asked if there had been an accident on the roof. The police officer replied that Carol had called and reported that Martin had committed domestic violence, and he would have to arrest him.
Martin was taken to a police station and booked, and then he was eventually put in a jail cell in downtown San Diego with approximately two-dozen other men. Instead, he paced in the cell trying to figure out what had happened to him.
Martin had a friend who had gone through a tumultuous divorce a few years earlier. Martin had been friends with him since , when they lived in the same dorm as freshmen at the University of Georgia. They were both attorneys in Atlanta, and both were avid tennis players. The letter explained to her that the way she could assure she would get the house during a divorce was to allege domestic violence.
After Martin and Carol were married, they socialized with this friend on a few occasions. Carol was an avid listener.
The next morning after posting bond, Martin immediately contacted his banker to change his password and cancel his credit cards, realizing the changes to his bank account that were inexplicable the day before were much more serious than he originally thought.
Next, he called an attorney in Atlanta and instructed her to file suit for divorce as soon as possible. He then returned home just long enough to pack a small suitcase with toiletry items and three changes of clothing and booked a flight back to Atlanta. Martin had recently sold his home in Atlanta while vacationing in La Jolla, so he checked into an Atlanta hotel.
He would live in a hotel for the next several weeks until he could find a suitable house to rent. Prior to their marriage, Martin and Carol had entered into a prenuptial agreement that they agreed would govern how they would divide certain property in the event of divorce. Alleging severe unforeseen domestic violence was a theoretical way for one party to break the agreement and get more from a divorce than the prenuptial agreement would allow, but it was believed the allegations would have to be so extreme so as to shock the conscience of the court.
Bloom has a reputation for exploiting both her clients and the press to advance her cases, and she would not allow her representation of Carol to be any different. A business model of Bloom is to seek retention by a client willing to state lurid and sensational claims against a public personality and to promote her cases to the media, particularly the fringe press, in the hope they will be willing to publicize her cases for her and help her force an early settlement.
In some cases, Bloom encourages her clients to develop as many allegations as they can real or imagined to denigrate the defendant, including non-actionable accusations involving other subjects. Bloom knows that a lawsuit alleging such sensational claims will likely take two or three years or longer to resolve in the court system, and that during that time publicity about the claims—even though they may be completely fraudulent—will wreck the reputation and business of the person accused.
By making the allegations absurdly severe, and insuring they are constantly in the media, Bloom can reasonably expect to receive a settlement offer from the person accused who must take steps to save his career and reputation before a trial can be held. Significantly, Carol had struggled with psychological disorders throughout her adult life, and one of her symptoms was a willingness to fabricate stories, a characteristic that was the major factor in the breakdown of her marriage.
Any well-meaning attorney who interviewed Carol would discern that what she needed was additional psychiatric help and that no good could come from litigating her false claims, but Bloom saw the promise of a big settlement payday. Almost immediately after Bloom was hired, she took her first step toward extorting a settlement by pursuing a needless restraining order against Martin in San Diego County, where Carol remained after Martin filed for divorce, though it served no legitimate purpose since Martin was living in Atlanta, some 2, miles away.
Concurrent with needlessly pursuing a restraining order, Bloom convinced her client to fire the reasonable Georgia attorney she had initially retained and hire Jeff Bogart, an Atlanta attorney with a reputation for being overly aggressive and even reckless.
However, Bloom was undeterred that law enforcement officials could find no provable basis for indictment even in the liberal climate for domestic violence allegations that existed in California.
The prenuptial agreement that Carol had decided to challenge was drafted in Georgia, and it stipulated that Georgia law would apply. In Georgia, a prenuptial agreement can be set aside if sufficient circumstances developed during the marriage that the moving party could not have foreseen at the time the agreement was signed. Therefore, acting on the advice of Bloom and Bogart, Carol—five months after Martin filed for divorce—alleged for the first time that he had committed such extreme acts of domestic violence during their marriage that they were sufficient to set aside the agreement.
Of the nine affidavits, all had been drafted or edited by the Bloom and Bogart consortium. It was 35 pages long and full of lurid and fantastical details, including multiple allegations of anal rape and attempted murder.
The other affidavits all came from family or friends of Carol. Significantly, when the jury reached its verdict more than two years later, it implicitly found that information contained in the affidavits was untruthful.
After the prenuptial agreement was enforced, Carol still had the option to file a separate suit for domestic violence, and Bloom shamelessly utilized the trumped-up allegations set out in the affidavits that had been developed to shock the Georgia court to file such a civil case in California.
At the time of the filing, the divorce was also still proceeding in Atlanta.