Category: Uncategorized

Diabetic Blackout Causes Fatal Crash, “What Do You Think”

Okay it’s time to ponder another edition of what do you think? Maxine was diagnosed 10 years ago with diabetes she checks her glucose levels each day and she’s never suffered from a diabetic blackout. One evening in her car Maxine begins to pass a slower moving vehicle and she crosses into the oncoming lane. She’s unable to get back into the proper lane and she crashes into the oncoming car unfortunately killing the other driver. Maxine claims she suffered a blackout she can’t recall the collision at all and the evidence is that at the scene of the accident EMTs administered glucose to Maxine. So tell me what you think. Should Maxine be liable for the other drivers death or is her conduct excused because she suffered a sudden emergency? What type of conduct do you think it should take to give rise to a sudden emergency? Let me hear what you’ve got to say.

Fired for Social Media comments. “What Do You Think”?

It’s time for a social media edition of what do you think! Nancy works for a local caterer in their marketing department and she is a regular poster on Facebook both for her personal interest and as marketing director for her company. Nancy feels very strongly about a post that another local merchant made on facebook and she fires off her opinions through her own personal account but Nancy’s boss who is one of her facebook friends sees her post complaining about another local merchant and he fires her so what do you think? Where is the line where your personal opinions become your boss’s concern? if you are free to express your private opinions do you need to be prepared for the consequences of those opinions? let me hear from you.  What do you think?

Ready for the answer? Here it is! Its a difficult line to straddle where a proprietor has the right to protect his or her brand and the right or power to require compliance by employees while engaged in connection with the business. The difficulty further arises when, in a state like Virginia where one can be terminated for no reason, absent a contract, an employer may terminate for non-work connected speech or actions. Since the first amendment doesn’t apply privately, one may fairly consider that restricting your opinions maybe a subtle condition of your employment. Distasteful, but currently legal.

Preexisting Injury

Can you still recover if the crash you were in aggravated a preexisting condition? Watch our latest video to find out, and subscribe to our YouTube Channel for more legal updates and news.

Hospital Gives Patient Wrong Pills!

Is the hospital at fault even if the patient sees the mistake and doesn’t take the pills? “What Do You Think”?  Check at my video and the answer below.

Medical Malpractice cases in Virginia are the most complex and expensive cases to litigate, they require proof through hired expert witnesses that the medical professional breached the standard of care and that the breach caused harm.  If you believe that you have been harmed by medical negligence, CALL SANDLER LAW GROUP FIRST at 757-627-8900.

But at their heart, these cases are still negligence cases, and a recovery for negligence requires that there be a duty, that the duty was breached and that the breach CAUSED HARM.  This is the legal version of “NO HARM, NO FOUL”, because the civil tort system is not, in the ordinary case, based on PUNISHMENT FOR AN ACT, it is based upon COMPENSATION FOR HARM.

In our video although the nurse may have been negligent in that she had a duty to read the chart and give the correct medicine, and she might have breached that duty, THERE WAS NO HARM.   We are all quite fortunate that our system does not rely upon “could have” instead of “did”.

For more information on bringing a Medical Malpractice Action in Virginia download the booklet titled, “Medical Malpractice Harms 100,000 Patients A Year” on our homepage..

 

Social Media Comments

Recently a White House official suggested that ESPN host, Jemele Hill, be fired for her Twitter comments about the POTUS. With that in mind we thought it a perfect time to review our video about being fired for social media comments. Take a look at my video… my legal opinion is below.

Predictably, because my video was first seen on Facebook, the responses to whether an employee could or should be fired for expressing their opinions on social media were slanted in favor of the employee.  Whether your termination from work will give rise to a claim is why you should CALL SANDLER LAW GROUP FIRST at 757-627-8900, because your claim is always going to be based on your specific facts.

But in this video, understand a few things:

  1. First, in Virginia an employer may fire a worker without reason, unless there are contractual rights that protect the employee.
  2. Second, the first amendment DOES NOT APPLY, as it only controls the governments restrictions on speech, not private restrictions.
  3. Third, just because you HAVE an opinion does not mean you should OFFER IT!. People today forget that what you choose to say has consequences, and if you choose to say it, be prepared to accept these consequences, both good and bad, because you can’t control the reaction of others.

Intersection accident

 

This video addresses one of the most often cited misconceptions about civil liability for a vehicle crash.  Shocked clients tell me “The other guy got a ticket, so how can the insurance company say he wasn’t at fault?”.  There are two simple answers to this question.  First, a ticket is only an officer’s opinion of whether someone violated a traffic law, and traffic laws are NOT the same thing as civil responsibility.  The issues are different and the burden of proof is different.  Secondly, civil liability focuses on CAUSATION, what caused the crash.  In this video neither the absent insurance or the expired license caused the crash.  The crash was caused by someone not keeping a proper lookout and whether they had a license or insurance has nothing to do with who caused the crash.

CALL SANDLER LAW GROUP FIRST at 757-627-8900 when someone runs into you, NOT THE INSURANCE COMPANY.  You need someone who knows the law to speak for you, so that your right to a full and fair recovery will be protected.

 

Fired for Facebook Comment

Predictably, because this video was seen on Facebook, the responses to whether an employee could or should be fired for expressing their opinions on social media were slanted in favor of the employee.  Whether your termination from work will give rise to a claim is why you should CALL SANDLER LAW GROUP FIRST at 757-627-8900, because your claim is always going to be based on your specific facts.

But in this video, understand a few things:

First, in Virginia an employer may fire a worker without reason, unless there are contractual rights that protect the employee.

Second, the first amendment DOES NOT APPLY, as it only controls the governments restrictions on speech, not private restrictions

Third, just because you HAVE an opinion does not mean you should OFFER IT!.  People today forget that what you choose to say has consequences, and if you choose to say it, be prepared to accept these consequences, both good and bad, because you can’t control the reaction of others.

They Are Not Your Friends

Dealing with the other guys insurance company.

Is there anyone out there that still believes that the insurance company for the person that caused you harm is really going to help you out?  The business model of insurance companies is simple, take in as much money as possible through premiums and pay out as little as they can through claims. It’s how they make a profit.

My video blog explains exactly how to handle this situation.