If you believe that you are victim of medical malpractice, it is essential to know that you have many possibilities to remedy to it. In 99% of the case, most people will advise victims to sue the professional. But you have to understand that bringing the case to a court is really the last option and when you have no other choices left to find a solution to your case.
The North American Free Trade Agreement (NAFTA) helps safeguard the ability of the United States Food and Drug Administration to ensure food safety and quality within North America. NAFTA is an agreement between Canada, the US and Mexico that took effect on January 1, 1994, designed to increase the scope for the free flow trade and investment among these three countries. The US Food and Drug Administration (US FDA), which participated in the negotiation of NAFTA, has reviewed the US Food and Drug Administration standards for safety, purity and appropriate labeling of foods and has determined that these standards are consistent with the terms of the agreement. This is why no changes in US Food and Drug Administration standards are needed or proposed to implement NAFTA.
As anyone who has seen an episode of LA Law knows, not all lawyers are created equal. Some specialize in divorce law or estate law, along with a multitude of other specialized law categories. In fact, in today’s society, law has become similar to medicine in the ever increasing number of specializations.
This is important if you’ve been busted for DUI or DWI, acronyms, by the way for, driving under the influence or driving while intoxicated, and need an attorney.
It’s very upsetting to find someone using your business name, or one that is “confusingly similar.” Taking advantage of Trademark law can help prevent problems and protect your rights.
Question: What does Trademark law protect?
Trademark protection may be available for any word, phrase, name, symbol, sound (called “the mark”) that identifies or distinguishes your product or service from those made or sold by others. It includes the exclusive right to use the mark in connection with the goods and/or services listed in the registration.
Question: When can I use the ™ SM or ® ?
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
Application:
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
Medical Malpractice
Medical errors are a leading cause of death and injury nationwide. According to an article in The Journal of the American Medical Association (JAMA) (Vol 284, No 4, July 26th 2000) by Barbara Starfield, M.D., M.P.H., of the Johns Hopkins School of Hygiene and Public Health, medical errors may be the third leading cause of death in the United States. Medical malpractice includes errors by a physician, a member of a hospital staff or other health care provider that occurs in a medical setting and results in injury to the patient. Malpractice may occur when a practitioner breaches the standard of care recognized and accepted by other practitioners in the same field. A critical component of a successful malpractice claim is determining the accepted standard of care, whether that standard was followed and, if not, whether failure to follow that standard caused the injury.
“Intellectual Property (IP) 101”
IP includes patents, trademarks, and copyrights. A patent provides an exclusive right to an invention. A trademark provides an exclusive right to an indication of source of a product. A copyright provides an exclusive right to an original work. A service mark provides an exclusive right to a service or origin of a service.
United States copyrights accrue automatically, but a work must be registered with the United States Copyright Office to perfect the federal copyright. Trademark rights can also accrue without a federal registration, but those rights are weaker, and a federal registration is preferred in almost all situations.
In the recent judgment of Re Shopalotto.com (2005), the Comptroller refused a patent application for a computer programme that permitted a user to play the lottery on the grounds that it was excluded from patentability under the provisions of the Patents Act 1977.
Shopalotto.com applied for a patent of a computer apparatus configured to provide a lottery playable via the Internet. The apparatus provided a web server and further software conditioning the machine to receive, store, select and compare. This enabled the computer to operate in a new way—to permit a user to play the lottery. The application was rejected and Shopalotto.com appealed this decision.
Do you know who is treating you? Patients are often unaware that the professional treating them is not a physician. For example, a patient goes into a routine outpatient procedure under which they are sedated with anesthesia. The anesthesiologist M.D. greets the patient briefly and asks some history and may perform a short examination. This takes place after another professional, likely a C.R.N.A. certified nurse anesthetist and/or a nurse has taken a history from the patient. The M.D. does not do a real thorough job taking the history or performing an examination because he assumes this has been done by the nurse and/or C.R.N.A.
As an elder law attorney I am frequently faced with adult children who realize that they simply have to take over for an aging parent. Maybe the parent is falling behind on bills or has trouble dealing with the medical establishment. It is always hard for a “child” to become the caretaker of the once-powerful and dominant parent.