March 1, 2013
Grappling with a misguided medical malpractice system
Healthcare providers will inevitably make mistakes. Though physicians and nurses are trained to treat every patient in accordance to certain standards of care, healthcare providers are human and will make mistakes from time to time. It is correct that these providers be held accountable for the mistakes they make, should those mistakes cause patients harm. Patients aim to hold providers responsible and obtain the compensation they deserve through medical malpractice claims.
However, the inevitability of mistakes on the part of providers should be informing the functionality of the medical malpractice system more than it currently does now. Based on a physician’s area of expertise, he or she will face a medical malpractice claim every seven years or so. These claims should be processed with appropriate urgency and then if the physician has not behaved so negligently that his or her license is suspended, he or she should then be allowed to return to work informed by the knowledge that his or her mistakes have real consequences.
Unfortunately, the medical malpractice system functions largely without the expectation that nearly all physicians will face malpractice claims over the course of their careers. The legal battles over these claims drag on so long that a recent study published in the journal Health Affairs indicate that 10 percent of any given physician’s medical career will be spent dealing with these claims.
The current structure and procedures governing the medical malpractice system are contributing to patient harm and physician resentment. If the system was more prepared for the fact that physicians will make mistakes and should be held accountable for them, perhaps doctors could practice more medicine and patients could receive their due more quickly and efficiently than they can currently.
Source: Forbes, “Medical Malpractice: Broken Beyond Repair?” Robert Glatter, Feb. 6, 2013
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
January 9, 2013
Texting drivers in Virginia may soon face harsher penalties
The fact that distracted driving is hazardous is now well understood. As a result of overwhelming evidence that indicates distracted driving plays a role in a significant number of auto accidents, state and federal legislators are under increasing pressure to treat distracted driving behavior as a serious traffic violation.
In Virginia, the state’s crime commission recently endorsed legislation aimed at defining texting while behind the wheel as reckless behavior punishable as a primary offense. While the goals of this legislation may be understandable, punishing texting while driving as a reckless driving primary offense will likely make both prosecuting and defending such behavior challenging.
After all, drivers who may be using their phones behind the wheel for legitimate purposes may be singled out for suspected texting behavior. In order to defend against such accusations, drivers would have to hand over their texting and related phone records which could raise sincere concerns about privacy.
Currently, drivers in Virginia may be punished for texting while driving by being forced to pay a $20 fine, if the texting infraction is a driver’s first related offense. Making this behavior a primary reckless driving offense would make it punishable by up to a year of incarceration and a $2,500 fine.
Motorists should absolutely refrain from distracted driving. However, the proposed reforms to Virginia’s texting while driving laws are extreme and potentially endanger the privacy of law-abiding citizens who are merely accused of texting while driving. The impacts of this proposal should be carefully considered before any action is taken.
Source: CBS News, “Va. crime panel pushes for tougher penalties for texting drivers,” Tracy Sears, Dec. 5, 2012
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.