The degree of medical treatment a patient undergoes may determine the amount of Medicare reimbursement a medical facility will receive. Families may feel skeptical toward extensive healing of their loved ones; sometimes with good reason. While some treatments are overcompensated to help ensure a full recovery, others are simply unnecessary. Continue reading
Tag Archives: lawsuit
Enter Walmart for Melons, Leave with a Broken Hip
Based on the evidence presented by opposing parties, a jury is faced with the dilemma of determining whether a particular lawsuit is frivolous or legitimate. The 1994 McDonald’s coffee lawsuit paved the way for public speculation of seemingly litigious lawsuits. The black and white version is that a customer sustained permanent injuries and someone had to pay the consequences. The gray line was left for the jury to determine: whether or not the customer or McDonald’s was negligent in the situation. In that particular case, the jury felt that the fast food chain carried the burden of responsibility more so than the injured party. A similar decision was met in the recent case of Henry Walker vs. Walmart. Continue reading
Fake Meth Leaves Orlando Man in a Crumby Situation
The misconception that an individual is a criminal if accused of a crime comes at a cost to those who never even committed the crime. In late 2015, Orlando resident, Daniel Rushing, was pulled over for speeding and failing to make a complete stop. While he was guilty of violating these traffic laws, he was wrongfully accused of a more severe offense. As a result of a drastic misunderstanding, Rushing was awarded $37,500 in a lawsuit against the city of Orlando.
The Yankees’ Negligence May Cost Them a Nose and an Eye
America’s favorite pastime can become dangerous if fans do not pay attention to their surroundings. Foul balls and broken bats are common accidents within the ball park environment. When purchasing a game ticket, a fan is entering a contract to assume the risk of injury. In many instances, the “Baseball Rule” applies, where a fan cannot seek damages for wounds sustained during a major league game. One possible exception to that rule is when a child is involved.
Red Lobster Over Serving Habit is a Danger to Elderly Community
Due to issues of over serving alcoholic beverages, restaurants may be held liable for any accidents or injuries that may take place after the patrons leave the establishments. This past March, following dinner and drinks at Red Lobster, an elderly, 113-pound woman in Texas fell in the popular seafood restaurant’s parking lot. Marlene Spencer’s fall resulted in a broken hip, a broken right arm, and a head injury. The 82-year-old filed a lawsuit against Red Lobster, claiming negligence.