7 Advantages of Living Wills
Posted by admin on Feb 24, 2010
Although the word will is used as part of a living will, it really isn’t a will at all. Basically living wills, also known as inter vivos trusts, advance directives or healthcare directives, are documents that express the preferences and desires regarding medical treatments of a person in case they are later unable to communicate their wishes due to permanent unconsciousness or an illness that is terminal. Often they help people who want to avoid artificial life support as well as other more advanced medical procedures to sustain life so they can have a natural death. Today they also include things like organ donation, artificial resuscitation, and tube feeding as well. When these wills are valid, health care professionals are bound to carry out the instructions in the living will.
These wills are not just a choice for the sick or the elderly. They are an important choice for anyone, since anyone can end up dealing with accidents or sudden illnesses. Not convinced that you need a living will? Well, here are a few of the advantages of having a living will that may change your mind.
Advantage #1 – Refuse Treatments You Don’t Want – One of the main advantages of having a living will is that it allows you to refuse any treatments that you do not want. Perhaps you do not want artificial resuscitation or a feeding tube in certain cases. With your inter vivos trust you can specify the treatments that you do not want given to you. Some people feel that certain treatments are against their moral beliefs, and the living will gives them the opportunity to make sure they are not given these treatments in a time where they cannot voice their opinion and dissent.
Advantage #2 – You Know the Outcome – Having a living will also is advantageous because it allows you to know the outcome before it happens. You never know what type of accident could happen or what type of disease could attack your body. However, when you have your document in place, you can know what the outcome will be if you have one of these problems and can no longer make your own medical decisions.
Advantage #3 – Prevent Arguments Among Family Members – A living will can also help to prevent arguments among family members if something unfortunate happens to you. No doubt you have family that cares about you, and all of them may have different ideas of the best treatments if you are ill and unable to make your own decisions. The last thing you want is your family arguing about your treatments. So, having your healthcare directives in place totally eliminates any arguments that could occur with your family members.
Advantage #4 – Make Decisions Easy for Your Family – Making a decision about a dying loved on or a permanently ill loved one can be so hard for the family. It can be a lot of pressure to make these kinds of decisions. However, when you have your living will done, your family will not have to make the decisions for you, which makes it so much easier for them.
Advantage #5 – Insure Doctors Follow Your Wishes – No doubt you want to be sure that your doctors follow your wishes in the end. With an advance directive, you can insure that your doctors do follow your wishes and that they don’t just do what they feel is best for you. This allows you to be in control of the decisions made instead of the doctor.
Advantage #6 – Authorize Treatments You May Want Given – While a living will allows you to refuse treatments, it also can help you to authorize treatments that you may want given to you as well. There are many medical treatments that require authorization from the patient, and you may be in a position where you cannot do this; however, if you have the authorization in your will for certain treatments, it can insure you get the treatment you need.
Advantage #7 – Eliminate Financial Encumbrance for Your Family – Often people who end up with permanent illnesses end up needed long time care, which can be very expensive. Some people prefer not to leave this type of financial encumbrance on their family. With your living will, you can choose options that will eliminate financial encumbrance for your family so you don’t have to worry about them searching for financial resources to help pay for your treatment and care.
So, I hope that explains what a living will is and why it is a good idea to have one.
By: Ken Black
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DUI Accidents
Posted by admin on Nov 29, 2009
Driving under the influence is often defined as driving under the influence of drugs, alcohol, or both types of substances. Regardless of the substance used in an offense, driving under the influence has the potential to cause serious injuries and extensive property damage. In most states, DUI (or DWI as it is called in some states) is charged as a misdemeanor. However, this can change if aggravating factors are present or if an offender has had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while an offense is being committed, and having a blood alcohol concentration level that is considered extremely high. Knowing the consequences of DUI accidents can help you to better understand DUI law and help you avoid serious criminal charges.
DUI Accidents & Bodily Injuries
In many states, special provisions exist in the DUI laws that allow judges to impose harsher penalties for offenders who have caused bodily injuries as a result of their DUI accidents. These bodily injuries are often serious and can include broken bones, collapsed lungs, and even paralysis in the most serious accidents. These increased penalties make it possible for offenders to receive longer jail terms, increased fines, longer probationary periods, longer license suspension or revocation periods, and increased requirements for insurance and alcohol treatment and evaluation. These increased penalties are in place to deter drivers from driving under the influence and keep the roads safer from DUI accidents.
DUI Accidents & Fatalities
Some states have provisions that allow prosecutors to charge drivers with vehicular manslaughter and driving under the influence if any fatalities occur as a result of an accident caused by a driver who was too impaired to remain in control of his or her vehicle. Many factors can influence how a DUI offense is charged including blood alcohol concentration levels, other crimes committed during the same offense, prior DUI convictions, and other circumstances.
DUI Accidents & Criminal Charges
If you are arrested for DUI, you will be charged with driving under the influence. This is a criminal offense and you will need to go through a criminal trial where a prosecutor will attempt to show that you are guilty of the crime. If you are convicted, you can face a number of penalties that will depend on the state you live in and any special circumstances.
DUI Accidents & Administrative Penalties
When you are arrested for driving under the influence, you will experience administrative penalties through your state driver licensing services agency. In some states, this is known as the Department of Motor Vehicles. Some states offer a hearing process that allows you to try to get your license back until your trial, but this can be a difficult task to accomplish. Hiring a qualified attorney who specializes in DUI cases may be your only chance for getting your license back if it is an option in your state. A skilled attorney can represent you during administrative proceedings and speak on your behalf.
DUI Accidents & Criminal Penalties
The criminal penalties for driving under the influence can vary widely from state to state. Most states can impose penalties that include jail time, fines, court costs, probation, suspension of driving privileges, revocation of driving privileges, ignition interlock device installation, alcohol and drug education programs, and additional insurance requirements for DUI offenders. These penalties are imposed based on many factors including prior convictions, aggravating circumstances, and other information from each individual case. Some states are stricter than other when it comes to imposing penalties for driving under the influence convictions. A first offense in one state may get an offender some community service time, a license suspension, and mandatory participation in an alcohol education program while a first offender in another state may spend several days in jail, have a longer license suspension period, and have to attend more alcohol education classes. The penalties for driving under the influence begin at the first offense and escalate as an offender accumulates additional convictions.
DUI Accidents & DUI Attorneys
Hiring an attorney who specializes in DUI cases is one of the best things you can do if you have been charged with driving under the influence. You’ll have better access to the resources you need to defend yourself and you’ll also have a legal professional on your side that can help you prepare for your criminal trial. No case is ever a sure thing, but having a DUI lawyer on your side is one of the best ways to achieve a successful outcome.
By: Michael Tasner
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Detroit Medical Malpractice Attorney Utilization
Posted by admin on Sep 4, 2009
Detroit, with a population of over 5 million people, has over 64 hospitals with more than 11,000 physicians providing services to the sick and injured residents of the area. Do you think at some point there might come a time when a Detroit medical malpractice attorney may be needed? Malpractice is not something that anyone wants to think about, but it does happen, even in Detroit.
When you have an accident that requires quick care in the ER, if you want treatment for a minor illness, or any other sort of medical problem, you expect that the people administering your treatment will not only offer immediate care, but the best care possible for your situation. However, with such a large population and so many of those people needing treatment, things can easily become hectic at a health care facility. This is when the potential for accidents increases, which could result in further injury, pain, and sometimes even death. Some of the most common malpractice incidents are failing to take a test or provide a necessary treatment, delayed treatment, and misdiagnosis; yet these are only a few of the ways that medical malpractice can occur.
It is the Detroit medical malpractice attorney’s job to prove that the physician has been negligent in his duties and that his actions caused you pain and suffering. A claim is first presented to the physicians insurance company. If the result is a denial, then a case is prepared and filed in court where the lawsuit is then begun.
When thinking about possible lawsuit proceedings, it is important to remember the statute of limitations for the type of case and the area you will be filing in. These limitations refer to the length of time, after the occurrence of negligence, you wait before going forward in starting the lawsuit to compensate you for your losses. Compensation can be awarded for several things; loss of income, suffering from a permanent loss or injury, treatment for any future pain and suffering, and future medical costs. An attorney will help to thoroughly assess what your needs might be.
In some cases, you might not be sure if you have experienced malpractice or not. If you feel it might even be a possibility, it is recommended that you see about attending a free consultation with a Detroit lawyer to find out for sure if you have any claim. If you do, your lawyer will make sure that you are aware of all the steps necessary to file your lawsuit and will be able to answer any other questions you have.
