Archive for July, 2010
Vicarious Liability in Medical Malpractice Cases
by Moorey on Jul.29, 2010, under Medical Malpractice
The state legislature in Georgia ordained tort reform legislation in 2005. It was known as Bill 3 or SB3. The provisions pertaining to medical malpractice are applicable for claims made after February 16, 2005. There is another provision that states that an additional burden of proof is required for cases that occur as a result medical emergencies.
In order to recover money in these cases, the claimant must file a case proving gross negligence as per Ga. Code Ann. § 51-1-29.5. It is not possible for an ordinary resident of the state to be aware of the statutes. Therefore, being in Atlanta, Georgia, you can opt for the services of an Atlanta medical malpractice lawyer.
The categories covered by the law of medical negligence in Georgia include the terms of comparative or contributory negligence, contribution, joint and several liability, vicarious liability, collateral source rule, and statutory caps on the fee of the attorneys.
Vicarious liability is also referred to as secondary liability and comes under the purview of the common law. By virtue of a new statute that was enacted and implemented post February 16, 2005 in Georgia hospitals stated that if the hospital posted a notice in the prescribed form or sought an acknowledgement from the patient or any of the representatives that the healthcare professionals rendering treatment are independent contractors and do not have an employment relationship with the hospital, then the medical establishment cannot be held liable as per Ga. Code Ann. § 51-2-5.1.
If there is no contract or the terms of the same are vague, then a relationship to the medical establishment can only be determined on the basis that the hospital possessed all rights to ascertain the manner, time and procedure by which the professional carried out the medical treatment.
There is a list of factors which are mentioned as part of the statute and are used to determine the relationship between the healthcare professional and the medical establishment as per Ga. Code Ann. § 51-2-5.1(f) and (g).
You can browse through a Atlanta legal directory to understand the complicated legal terms associated with medical malpractice law.
Know how bill consolidation laws help you to manage your payments smartly
by Moorey on Jul.17, 2010, under Debt
The recessionary clouds affected millions of financial portfolios across the globe. Bill consolidation laws and other debt reduction ways had been most sought out for amongst one and all. Debtors can seamlessly reduce their due debt through standard bill consolidation laws in just about no time at all. The basic premise behind any bill consolidation solution is to consolidate the due debt in a way so as the debtor makes onetime payment per month to offset the due debt at lesser interest rate on the go. This can provide substantial savings to a debtor in a streamlined way. There are several bill consolidation laws that entail various stakeholders such as agencies, a debtor and other third party intermediaries.
Some of the bill consolidation laws include – the fixed percentage for the agencies, the maximum allowable tenure for bill consolidation and the timeframe in which the bill consolidation solutions can be implemented. It is imperative to engage best in class service providers to gain from these solutions in an endless manner. Based on the intrinsic risk factors the financial service providers can easily provide professional debt management solutions in no time at all.
Bill consolidation laws and quotes can also be availed across online channels. Based on the given input risk factors, quotations can be provided to the debtors in a seamless manner without any lapse whatsoever. These can provide flexible solutions to one and all in a fair manner. Debtors can get to make most of these solutions on their own without any third party intervention on the go. These are in fact most sought amongst the debtors as they can get to choose from the unified view of available solutions. Enterprise debtors should definitely engage professional bill consolidation agencies who will always work as per the latest bill consolidation laws on the go.
The SME and larger organizations are generally crunched with liquidity in tough financial times. These solutions can provide apt mix of debt and equity propositions on the go in a seamless manner at all times. So what are you waiting for? If you wish to benefit from competitive base of bill consolidation laws and solutions get going and implement these solutions. These are flexible and scalable base of solutions which can provide instant savings to the debtors on the go in a seamless manner. Bill consolidation solutions can lead to better funds channelization too on the go.
When you validate your debts, know the followings
by Moorey on Jul.12, 2010, under Debt
Debt validation is the procedure in which you can confront the claim of collection agency that you owe money. You should be aware about your rights when you validate your debts. The debt validation process will prove when you don’t owe the money. Though, you may contact with a collection attorney to complete the process.
Know the following when you validate your debts
- Payment history
The payment history will enable you to find out your payment habits. It will also indicate the manner in which the collection agency has calculated the payments.
- A copy of the original contract between you and your original creditor
Getting a copy of the original contract will enable you to find out whether you owe money or not.
- You get proof that your account has been sold off to the collection agency
You get to know that in reality your debt account has been sold off to the collection agency.
As per the Fair Debt Collection Practices Act, the debtor or the consumer has to be served a written notice that should contain the following information –
- The amount of debt you owe
- The name of the original creditor
- The notice will also contain a clause that within 30 days of receipt of the notice, if the debtor doesn’t dispute the validation of debt, the debt will be considered as valid.
- The debt collector is also required to send a statement that in case the consumer disputes the debt, within a span of 30 days, the debt collector will be required to provide details of the manes and addresses of the original creditors in case, the current creditor is different from the original creditors.
Useful resources:
To get the reputed debt collection law firm at your state, visit our Atlanta lawyer directory and hire a competent attorney.
