To Honor Chad Oulson, TJ Grimaldi Helps Launch Foundation to Support Victims of Gun Violence

Nicole and Alexis Oulson

To honor the life and legacy of Chad Oulson, a group of his family and friends launched the Oulson Family Foundation to offer support to children impacted by gun violence.

About The Oulson Family

On January 13, 2014, Chad Oulson was killed in a senseless act of gun violence. While on a mid-day movie date with his wife Nicole Oulson, Chad Oulson was involved in a confrontation with a man sitting in the row behind him. The confrontation ended with Chad Oulson being shot and killed.

Before the movie had even started, Nicole Oulson lost her husband and the father of her 22-month-old daughter, Alexis.

“In the blink of an eye, our lives were shattered beyond belief. I lost my husband, the love of my life, my rock, my everything. Our family lost a son, brother, uncle, and friend,” said Nicole Oulson.

Chad Oulson’s family sought justice through the legal system. For eight long years, the case dragged through the court system. Then on February 25, 2022, the family received more devastating news. A jury of six found the shooter not guilty of the murder of Chad Oulson.

“After eight long years of maneuvering through the judicial system, another unbelievable blow was delivered with a not guilty verdict. Again, my family was devastated,” said Nicole Oulson.

But, the family was not going to let the ruling stand between them and honor the life and legacy of Chad Oulson.

In May 2022, Chad’s friends and family created the Oulson Family Foundation.

Related: TJ Grimaldi Shares Reaction to “Wrong” Not Guilty Verdict in Reeves Murder Trial

About The Oulson Family Foundation

The Oulson Family Foundation is a non-profit with a mission to provide financial support to children impacted by gun violence.

Oulson Family Foundation

Nicole Oulson knows what families go through in the wake of gun violence, and she wanted to do something to offer support to families going through tragedies of their own.

“As a single mother of a young daughter, I know firsthand the financial, physical, and emotional toll that comes from gun violence. The pain is unimaginable, and the loss is something you can never plan for,” said Nicole Oulson. “After receiving an abundance of encouragement and support from people worldwide, I knew I needed to do my part.”

“The Oulson Family Foundation will strive to help other families that have children directly or indirectly impacted by gun violence.”

Nicole, Chad and Alexis Oulson

The Oulson Family Foundation will provide funds to help kids get what they need in the wake of being directly or indirectly impacted by gun violence.

Caretakers of children affected by gun violence can receive funds to provide financial assistance for medical bills, counseling, and education. The goal is to help families and children get what they need to heal and create a brighter future.

“They say it takes a village to raise our children. We are reaching out a hand to others to offer hope, support, and comfort during these unimaginable times,” says Nicole Oulson.

A Commitment of Support from TJ Grimaldi

For more than eight years, TJ Grimaldi stood by the family of Chad Oulson as they sought justice.

Grimaldi represented Nicole Oulson in civil matters and offered legal support throughout the criminal trial, which was litigated by state prosecutors. From the start, Grimaldi has been committed to fighting for Chad Oulson and his family, and he remains committed to that mission.

When the criminal court was unable to provide legal justice, Grimaldi sought another way to help honor the legacy of Chad Oulson, and he helped launch the Oulson Family Foundation. Grimaldi will sit on the board and work alongside Nicole Oulson and others to raise awareness and funds for families impacted by gun violence.

“It’s been my honor to represent the Oulson family, and now I’m glad I’m able to help honor Chad’s life in another way,” says Grimaldi.

“What happened to Nicole and Alexis was a terrible tragedy. I’ve seen how difficult it has been for them, and I hope the Oulson Family Foundation can help ease that burden, even just a little bit, for other families who have to endure something similar.”

How to Get Involved with the Oulson Family Foundation

If you would like to support the Oulson Family Foundation and help offer assistance to children impacted by gun violence, you can help too.

Please visit oulsonfamilyfoundation.com to learn more about the foundation’s mission and to make a donation. Your participation will offer kids a chance to heal and grow through financial assistance for medical bills, counseling, and education. Learn more and donate today.

If you or someone you know has a family impacted by gun violence, please visit the website to learn more about how you can apply for aid through the Oulson Family Foundation.

Gone But Not Forgotten #28

Two Years Later, Why Is Vanessa Bryant Going to Trial Over Kobe’s Death?

January 26, 2020, was a tragic day for the Bryant family. A helicopter accident took the life of famed basketball player Kobe Bryant, his daughter, and seven others.

As if the day wasn’t difficult enough for Bryant’s wife, Vanessa, she had to learn about the possible death of her family members through social media.

Now, Vanessa Bryant is in a legal fight to hold accountable the people who leaked the details — and photos — of the terrible accident. Will Vanessa Bryant be able to get justice for herself and her loved ones?

The Tragic Accident

January 26, 2020, was a fairly normal Sunday for the Bryant family. They were used to taking helicopters to travel over the congested roadways near their home in Orange County, California. Kobe Bryant and his 13-year-old daughter Gianna Bryant boarded the helicopter with six other passengers and a pilot who the Bryants had flown with regularly.

The passengers, which included two of Gianna’s Bryant’s teammates and their parents, were on their way to a basketball game, but they wouldn’t make it. The helicopter crashed into a hillside, and everyone on the plane was killed.

According to Vanessa Bryant, she learned about the accident from the family’s assistant who came to the residence to tell her. The assistant told Vanessa Bryant there had been an accident, there were believed to be five survivors, and she didn’t know if the survivors included Kobe and Gianna.

Vanessa Bryant said the first indication she got that Kobe and Gianna didn’t make it was via social media. She says her phone was lighting up with “R.I.P. Kobe” messages.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

How Did the Story (and Photos) Get Leaked?

Vanessa Bryant says Los Angeles County Sheriff’s Department deputies took and shared unauthorized photos of the crash shortly after it happened.

In a lawsuit, Vanessa Bryant alleges, “No fewer than eight sheriff’s deputies at the crash site, pulled out their personal cell phones and snapped photos of the dead children, parents and coaches. The deputies took these photos for their own personal gratification.”

The lawsuit also alleges that other law enforcement officials not involved with the case also shared photos of the accident. In one situation, the photos were said to be shared in a bar. In another situation, the photos were shown at an awards gala.

A filing from Vanessa’s Byant’s legal team says, “Discovery has shown that the close-up photos of Gianna and Kobe’s remains were passed around on at least twenty-eight Sheriff’s Department devices and by at least a dozen firefighters.”

Not only does the lawsuit allege that photos were leaked and shown to the public, but it also accuses the Defendants of covering up their activity.

“It has also shown that Defendants engaged in a cover up, destroying the direct forensic evidence of their misconduct and requiring extensive circumstantial evidence to establish the full extent of that misconduct,” says the filing.

Related: Dealing With the Media During a High-Profile Case: What to Expect

The Lawsuit and Upcoming Trial

In September 2020, Vanessa Bryant filed a lawsuit against the Los Angeles Sheriff’s Department and Sheriff Alex Villanueva in federal court. The lawsuit claims civil rights violations, negligence, emotional distress, and violation of privacy.

In March 2021, Vanessa Bryant opened up the lawsuit to include four men who are accused of sharing photos from the scene: Joey Cruz, Rafael Mejia, Michael Russell, and Raul Versales.

The case is set to go before a jury on February 22, 2022. According to reports by CNN, Vanessa Bryant’s legal team plans to call at least 12 witnesses, and up to 28 people may be called to testify.

The civil lawsuit seeks unspecified damages, including punitive damages. For the Bryants, the case is more about preventing the sharing of horrific personal details in the future.

“This [filing] solely is about enforcing accountability, protecting the victims and making sure no one ever has to deal with this conduct in the future,” a Bryant family spokesperson told People. “When a family suffers the loss of loved ones, they have the right to expect that they will be treated with dignity and respect.”

In addition to the lawsuit, a new California state law may help prevent this type of situation from happening again.

Just nine months after the tragic accident, California ratified a law that makes it illegal for first responders to take unauthorized pictures of people killed at the scene of an accident or crime.

The upcoming case has nothing to do with when Vanessa Bryant sued for wrongful death. The lawsuit filed against the companies that owned and operated the helicopter, as well as the estate of the late helicopter pilot, was settled in June 2021. Details of the settlement were not released.

Protect Your Rights

All people, even public figures, have rights that need to be protected.

If you feel your rights or the rights of a loved one have been violated, you deserve justice. Talk to an attorney who will fight for you to protect your legal rights. If you have a personal injury or civil case to discuss, contact TJ Grimaldi to see if he can help you get justice for you or your loved one. Request an appointment or call 813-226-1023.

Man Faces Murder Charges After Shots Fired at His Car Killed His Passenger

Francisco Galvan was in the line of fire when two men started shooting at his car. The shots hit him and his two passengers, fatally wounding one of them. Galvan lived through the experience but now, he faces murder charges for the passenger who was killed by the shots.

How did Galvan go from being at risk of being murdered to being charged with third-degree murder?

Shots Fired

On January 7, 2022, Francisco Galvan, 20, got in his car with two others and drove to an apartment complex in Temple Terrace to sell marijuana to an interested buyer. But, the transaction never occurred.

When Galvan’s car pulled up to the apartment, the would-be buyers started shooting at it. The shots hit Galvan and his two passengers. Galvan drove the three injured men to Tampa General Hospital, but it was too late for 18-year-old Ismael Reyers-Barajas. He died from his injuries that day, as reported by the Tampa Bay Times.

While it is unclear if the person or persons who shot Reyers-Barajas and his passengers have been charged, someone is facing criminal charges in the case — Galvan.

In an unusual turn of events, Galvan is now facing a third-degree murder charge for Reyers-Barajas’ death.

Prosecutors say that because the shooting happened during an attempted drug deal orchestrated by Galvan, Galvan is partially to blame for Reyers-Barajas death.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

What Is Third Degree Murder?

Florida is only one of three states that have third-degree murder laws. Pennsylvania and Minnesota are the other two states.

In Florida, third-degree murder is outlined under Florida Statutes Section 782.04. It is described as the unintentional killing of a person while committing or attempting a non-violent felony.

The penalty is up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

Galvin’s arrest report states the shooting was, “committed during the commission of a felony that (Galvan) was involved in.” Because Reyers-Barajas was killed while Galvan was committing a crime, prosecutors say Galvan is in some way responsible for the death.

Third-degree murder does not require intent the way that first and second-degree murder charges do. In most cases, a death caused by the unintentional act of another person is considered a manslaughter charge, but not in this case.

Related: The Best Criminal Defense Attorneys Have These 7 Qualities

Third Degree Murder vs. Manslaughter: What’s the Difference?

When a death is caused by neglect rather than malicious intent, it is often considered a manslaughter charge, not a murder charge.

Manslaughter is defined under Florida Statutes Section 782.07. It refers to situations where:

  • Someone intentionally completed an act that led to the death of another person.
  • Someone persuaded or encouraged another person to complete an act that led to that person’s death.
  • Someone was culpably negligent which led to the death of another person.

Manslaughter charges typically apply to situations where someone caused another person’s death but they had no prior intent on killing the other person.

In this case, it appears that Galvin had no intent to kill Reyers-Barajas. But because Glavin was engaging in criminal behavior during Reyers-Barajas’ death, he may face the more serious charge of third-degree murder.

If convicted, the third-degree murder charge will hold more weight on Galvin’s record. But, the potential sentencing for both third-degree murder and manslaughter is the same.

They both hold the potential for 15 years in prison, 15 years of probation, and a fine of up to $10,000.

Related: Get Good Legal Representation by Asking This One Question

The Importance of Working with a Top Criminal Defense Attorney

Multiple crimes were in motion on January 7, 2022. Galvan was planning to commit the crime of selling illegal drugs, but instead, he now faces charges for a much more serious crime — a shooting he did not commit but may be responsible for.

If you find yourself in a situation where you are facing minor or serious criminal charges, it is important to seek legal representation as soon as possible. Both misdemeanors and felonies have the potential to change your life and lead to fines, probation, and jail time.

Do not face a criminal charge on your own. Talk to an experienced criminal defense attorney who can help you get the best possible outcome for your situation. If you are facing criminal charges, contact TJ Grimaldi today to see how our team can help you navigate your situation and get the most just outcome. Request an appointment or call 813-226-1023.

Movie Theater “Stand Your Ground” Case To Finally Start Trial 8 Years Later

Eight years after Curtis Reeves shot and killed Chad Oulson in front of multiple witnesses in a Florida movie theater, the case is finally going to trial. After years of delays, Oulson‘s family will finally get their day in court, and TJ Grimaldi is determined to help them seek justice.

What Happened in the Florida Movie Theater?

In 2014, Chad Oulson and his wife Nicole didn’t expect their lives to change when they went to a Pasco County movie theater for an afternoon date away from their young daughter. They thought they were going to a movie, but they didn’t even see the start of the show.

During the previews, Chad Oulson checked his phone to see if he had any messages from the daycare that was watching his daughter, who was 22-months-old at the time. She had been teething, and he wanted to make sure everything was okay. Oulson’s activity angered Reeves who was sitting behind Oulson.

Reeves, a retired Tampa police captain, started an altercation with Oulson, pulled out his gun, and fired one shot, killing Oulson in front of his wife and a movie theater filled with eye witnesses. Nicole was also injured during the incident.

Eight Long Years Later

Over eight years, Reeve’s legal team has used tactic after tactic to delay the case making it to trial.

Dragging out the case has been a major delay of justice for Oulson‘s family who have been waiting for the trial to begin. In that time, Reeves has been able to avoid jail time and instead, spend time at home with his family.

Reeves’ legal team spent years arguing that the case fell under Florida’s Stand Your Ground Law. Changes to the law led to multiple hearings and eventually, a Florida Supreme Court decision. But, after Reeve’s team lost their case, the trial for the shooting was finally scheduled for February 2022.

Now, it finally looks like the trial is finally going to happen. On Thursday, January 13th, a judge moved the case forward with plans to start the trial on February 7th.

TJ Grimaldi has represented Oulson‘s widow, Nicole, since Chad’s death in 2014, and he sees the trial as long overdue.

“During the past eight years, Ms. Oulson has had to learn how to be a single mother and mourn the death of her husband, all while Curtis Reeves was unnecessarily delaying the defense of his case while still being able to be at home and spend time with his family. Hopefully, we are that much closer to finally seeing this murderer behind bars,” says Grimaldi.

Related: 7 Years Later, Movie Theater “Stand Your Ground” Case Still Waiting for Trial   

Getting Justice for Chad Oulson

During a status check that took place on Thursday, the judge on the case, Pinellas-Pasco Circuit Judge Susan Barthle, seemed eager to bring the case to trial.

Barthle set actions to keep the trial on track to start on February 7th. She scheduled hearings to resolve 19 outstanding motions, leaving just one motion to be discussed at a later date.

The judge also set parameters for the jury. Two hundred and fifty East Pasco residents will be summoned. Barthle is also planning to avoid delays caused by a rise in COVID-19 cases. The judge plans to have four alternatives for the jury to ensure the case can move forward without delays.

As the case moves closer to trial, Grimaldi will be working closely with the Oulson family to ensure that justice is found for Chad.

“I hope this time is different. The defense does everything they can to cause delay after delay. They know that each day the case isn’t tried and that Reeves is out of jail is a win for them,” says Grimaldi.

“It has been a long time coming to try and get justice for the murder of Chad Oulson and the significant injury to Nicole Oulson,” says Grimaldi. “But we think it’s finally time.”

How Much Jail Time Faces Electric Scooter Rider Who Hit and Killed a Bicyclist?

Electric scooters can be found across many major cities. Companies like Lime, Spin, and HOPR place scooters around cities so pedestrians can catch a quick ride. But, most people who hop on an electric scooter probably never think the ride could lead them to manslaughter charges.

But, that’s precisely what happened to a 22-year-old after he collided with a 77-year-old bicyclist.

The Electric Scooter Accident That Led to Manslaughter Charges

Tyer Andrew Brady, 22, was riding an electric scooter on Tuesday, November 9th in St. Petersburg, Florida.  As he was crossing an intersection, he reportedly hit a speed of 17-18 mph.

At the same time, Alvera Minutello, a 77-year-old St. Petersburg woman who liked to bike and swim, was coming toward Brady on a bicycle.

The two collided head-on. Brady was not injured, but Minutello died from her injuries.

What seemed like a tragic accident led to criminal charges after it became apparent that Brady may have been able to avoid the accident but failed to act. Police said Brady saw Minutello from about 80 feet away, but he did not attempt to slow down or move. Brady didn’t swerve to get out of the way even though there was room to do so.

Brady initially said that he didn’t intend on hitting Minutello. But after being read his rights, he changed his story. The Tampa Bay Times reported that his arrest affidavit said, “he drove straight into her and did not take any action to avoid hitting her or minimize the effects of the collision.”

Brady was arrested and charged with manslaughter via culpable negligence.

Related: Injured in a Car Accident? Here’s What You Need to Do Right Away.

What Are the Consequences of Manslaughter?

Manslaughter is defined under Florida Statute 782.07. It is a criminal charge that differs from murder. Murder charges refer to cases that show premeditation. A person plans to kill another person.

Manslaughter charges refer to cases that lack premeditation. A person kills another person without malice aforethought. They didn’t have a specific plan to kill the person.

In cases of manslaughter, a victim dies because of one of the following situations.

  • The defendant intentionally completed an act that led to the death of another person.
  • The defendant persuaded or encouraged another person to complete an act that led to that person’s death.
  • The defendant was culpably negligent which led to the death of another person.

The scooter accident falls into the category of culpable negligence. It is an involuntary manslaughter charge wherein Brady is said to have acted recklessly which led to the death of another person.

Under the charge of manslaughter via culpable negligence, Brady faces serious consequences. It is a second-degree felony that can result in 15 years in prison, 15 years of probation, and up to a $10,000 fine.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Could The Accident Lead to Civil Charges, Too?

What happened at a St. Petersburg intersection was a tragic accident. Now, the legal system will try to determine if the accident could have been prevented. If they find that Brady acted with disregard for the lives around him, he could find himself in jail for up to 15 years.

Brady could potentially find himself facing charges in civil court as well.

This situation could qualify as a wrongful death case. A wrongful death case can be filed if someone dies as the result of the negligence of another person or business. If Brady admitted he didn’t take any action to avoid hitting Minutello, he may also find himself facing a civil personal injury lawsuit as well.

Related: Types of Personal Injury Cases: Do You Have a Claim? 

Get Legal Help for Criminal and Civil Cases

If you find yourself on either side of a tragic accident, make sure you have an attorney that can fight for your best interests. Both criminal defense attorneys and personal injury attorneys can offer legal advice and guidance in the aftermath of an accident. When possible, choose an attorney who has experience in both types of law.

TJ Grimaldi has experience fighting for clients in both civil and criminal matters. If you need legal assistance to guide you through the wake of an accident, contact our office today to discuss the details of your situation. Request your consultation or call 813-226-1023 today.

If Trump Ignored Positive COVID-19 Results, Could He Be Liable for Getting Someone Sick?

Many people abide by COVID-19 social rules. If you test positive for COVID-19, you should stay away from other people to prevent spreading the illness. But, not everybody follows these rules — which leads to questions.

Are the rules really rules? And, can you — or Donald Trump — get in trouble for not following them?

Trump’s COVID-19 Testing Timeline

Late on October 1, 2020, President Donald Trump announced on Twitter that he had tested positive for COVID-19. He began to quarantine and was hospitalized the next day. He seemed to follow the “rules” of protecting others after getting a positive COVID-19 test. But, new accounts tell a different story.

In a new book, former White House chief of staff Mark Meadows revealed that Trump actually tested positive for COVID-19 much earlier than officially announced. Meadows, along with two other sources, say Trump tested positive for COVID-19 on September 26, according to NBC News.

Rather than quarantining after receiving a positive COVID-19 result, Trump held a large event with 150 people in attendance at the White House Rose Garden (to announce the nomination of Supreme Court Judge Amy Coney Barrett) before heading to a campaign rally.

In the following days, he had debate prep sessions with his team, held a press conference, attended a reception for Gold Star families, held two outdoor events at the White House, attended two fundraisers, and most importantly, participated in a Presidential debate with Joe Biden.

Trump participated in all of these activities after receiving a positive COVID-19 test.

Trump’s team claims that after the initial positive test, Trump had a follow-up test that came back negative. They say they believed the positive test to be inaccurate.

So, did Trump break any rules — social, procedural, or legal?

Did Trump Break Any Rules?

Social rules, as guided by the CDC, suggest that you should take a positive test seriously. You should isolate yourself for 10 days “after symptom onset and after resolution of fever for at least 24 hours, without the use of fever-reducing medications, and with improvement of other symptoms.” Trump did not follow these rules if the report by Meadows and others is true.

Procedural rules as they pertain to the presidential debate said each participant needed to test negative for the virus within 72 hours of the debate. If Trump did receive a negative test after his initial positive, he seems to have abided by the debate rules.

Legal rules are more complex. Laws and legal precedent would make it difficult to hold Trump legally liable if he knowingly spread COVID-19.

Related: What Does It Take to Be an Attorney for a High-Profile Case? 

A Legal Look at COVID-19 Liability

When looking at the liability and potential consequences of spreading COVID-19 or not following rules and guidelines, you need to consider both civil and criminal charges.

Related: What’s the Difference Between a Civil and Criminal Case? 

Civil Matters: In civil matters, when a person’s negligence has led to the harm of one or more individuals, it can lead to a personal injury lawsuit. There are many types of personal injury lawsuits — such as an auto accident or a slip and fall. But, it would be difficult to prove that someone’s negligence caused another person to contract COVID-19.

To sue for personal injury over a case of catching COVID-19 from someone, you would have to prove unequivocally that the defendant gave the plaintiff COVID-19. This fact would be difficult to prove given the high contagion rate of COVID-19.

Criminal: While it is unlikely that a person would face criminal charges if they were accused of infecting one or more people with COVID-19, there are other criminal charges that could be a consequence of not following COVID-19 guidelines.

State and local ordinances gave local governments the power to arrest or fine someone for violating rules related to mask-wearing, social distancing, and quarantining. People across the country faced a range of charges for failing to meet these guidelines. In June 2021, the state of Florida pardoned all Floridians accused of violating local COVID rules.

Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps

Could Trump (or You) Be Liable for Giving Someone COVID?

Even if the story about Trump’s updated COVID-19 testing timeline is true, It is very unlikely that he would face any civil or criminal charges. Proving liability in a case of spreading COVID-19 would be very difficult, and as of now, it isn’t clear he broke any local or state ordinances.

It is unlikely that you will face civil or criminal charges related to your actions if you spread COVID-19. But, as we have seen with COVID-19, things are always changing. If you or someone you know is facing legal charges, civil or criminal, related to COVID-19, talk to a defense attorney right away. Know your rights and get an attorney who can guide you through the process and to the best possible outcome.

Get help today by contacting TJ Grimaldi. With experience in both civil and criminal matters, TJ can help you navigate any charges against you. Get advice today. Schedule your consultation or call 813-226-1023 to talk to TJ.

 

Photo: (AP Photo/Julio Cortez)

Hiring a Commercial Real Estate Attorney is a Valuable and Cost-Effective Investment

The sale or purchase of a commercial property is one of the most significant and complicated financial deals that a person undertakes. However, many people choose to take their chances and not engage an experienced and knowledgeable commercial real estate attorney.

Among other things, a commercial real estate attorney will:

  1. Review complex purchase and sale agreements, closing documents and other documents for non-customary and problematic terms and conditions, and modify the contract or other document to correct the problem and/or advise the client regarding its options and risks.
  2. Address title, lien and survey issues that the buyer of a commercial property may not understand, or may neglect in the rush to close a purchase. A buyer cannot assume it will obtain proper title from a title commitment issued by a title company for the purchase of the property. Any title and lien issues identified in that title commitment and/or a survey of the property must be resolved prior to closing.

As an example, prior to our client buyer’s purchase of a commercial property, we identified, addressed and resolved a problematic adjoining property owner’s use restriction that prevented the client from operating its business on the property it was purchasing. Without our commercial real estate expertise and counsel, the client would have purchased a commercial property that it could not use.

Considering how important a commercial real estate attorney is to protecting your legal interests before, during and after a sale or purchase, the cost of retaining a commercial real estate attorney (that is experienced in handling commercial real estate transactions on a regular basis) is a valuable and cost-effective investment.

If you are purchasing or selling a commercial property, or involved in a lease or other commercial real estate or business transaction, please contact our Real Estate and Commercial Transactions Practice Director and Member, Blake D. Bringgold.

Direct Line: 813.347.5580; Email Address: blake@mcintyrefirm.com.

Do I have a medical malpractice case?

do i have a medical malpractice caseAs one of the leading causes of death in the United States, medical negligence is not only relatively common, but can have serious and lasting consequences. While people often assume only doctors can be sued for medical malpractice, many other healthcare professionals can be held responsible for their actions, including pharmaceuticals, hospitals, anesthesiologists, and nurses. When it comes to your health and wellbeing, it is important to be able to trust the healthcare professionals working to keep you healthy.

If you are suing your doctor for medical malpractice, there are a couple points you should keep in mind. You must be able to prove that an official doctor-patient relationship existed between you and your physician, even if it was just one appointment. However, most informal advice given by friends or family will not be considered as official. Secondly, you must be able to prove the doctor was negligent in your care. In most cases, a testimony from an expert in the field will be able to prove this by setting a standard of care, or reasonable course of action that any competent doctor would have followed. Lastly, your doctor’s negligence must have caused you some sort of harm, whether financial, physical, or mental. If you think your doctor’s actions, or lack thereof, caused you harm, contact one of our medical malpractice attorneys today.

While the types of medical malpractice cases can be vast, each one could have had a better outcome for the patient. A doctor’s failure to diagnose a patient correctly, or in a timely manner, could cause the patient significant pain and suffering, as they continue to endure the symptoms of their illness. Improper treatment, or incorrectly administered treatment can become quite costly, and again result in unnecessary suffering. Failure of duty of informed consent, or not warning patients of known risks to treatment and medications, can also lead to unexpected, and occasionally dangerous, side effects. The patient has a right to be aware of the risks of treatment. If a pharmaceutical company failed to explain these risks, they may be liable. Likewise, if a hospitable did not properly vet their staff, or did not have enough nurses or doctors on hand to properly treat their patients, they may be held responsible.

If you have been harmed by the negligence of a medical professional, you may be able to receive compensation for unnecessary medical bills, lost income, as well as physical and mental suffering. Contact McIntyre Thanasides today at (844)511-4800 for help with your case.