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More and more people are preparing living wills and DNR (do not resuscitate) orders, both of which are created to assist patients in the event of a medical emergency if they are unable to speak for themselves. You should be aware that laws and rules regarding preparation of these and other documents pertaining to health care issues vary from state to state, so it is wise to consult an attorney and your health care provider prior to preparing and/or signing anything.

A living will is a document that you can prepare on your own or with the assistance of an attorney or health care professional. This document lists the medical treatment you wish in the event that you are in a permanently unconscious state and cannot communicate with your health care provider, and can also name an individual to act in your stead to ensure that your wishes are carried out.

A DNR order is actually prepared by a physician based upon the patient’s current health situation, the physician’s advice and information provided regarding the patient’s wishes. The DNR order tells health care providers whether they should attempt to resuscitate a patient if it should be necessary during a medical procedure or as a result of a terminal illness.

One problem with a living will is a lack of individualization, as these documents are generally prepared from a standard template, when an individual is also preparing other legal documents, such as their Last Will and Testament or Power of Attorney. Because the living will is more often prepared only on the advice of an attorney, it may not contain language that is conducive to assisting health care providers in determining a patient’s exact wishes. This is because they are prepared without informed consent, meaning the patient has not consulted with a physician regarding specific issues connected with their medical treatment and they may not understand all the risk and/or benefits involved with their treatment. Also, a living will can be prepared years prior to being used and, therefore, may no longer be relevant when needed.

Additionally, a patient entering the hospital without a living will, often prepares and signs a generic document, at the direction of hospital personnel, but once again, this is without informed consent and may not meet the needs of the patient and their care. Add to that the fact that most patients aren’t even really sure what they are signing, and you can see that these documents can often be misinterpreted or not adhere to the patient’s wishes.

Another issue that can arise is that many health care professionals may interpret certain terms to mean different things, especially since the language in the documents can be ambiguous. Finally, in some cases, having a living will can be interpreted as having a DNR order, when the two documents do not necessarily cover the same issues. Beyond that, some medical professionals may interpret the phrase “do not resuscitate” to mean “do not treat” when the patient may not mean that at all. A patient may not wish to be resuscitated if they are nearing death and their heart and/or breathing has stopped. However, a desire by a patient to not be kept alive in a vegetative state, is not necessarily the same thing as not wishing to have treatment that can save their life.

• If anything can go wrong, it will.
• If there is a possibility of several things going wrong, the one that will cause the most damage will be the one to go wrong.
• If anything just cannot go wrong, it will anyway.
• If you perceive that there are four possible ways in which something can go wrong, and circumvent these, then a fifth way, unprepared for, will promptly develop.
• Left to themselves, things tend to go from bad to worse.
• If everything seems to be going well, you have obviously overlooked something.
• Nature always sides with the hidden flaw.

Murphy’s law, sometimes referred to as Sod’s law, is a popular cultural adage. The exact history of the saying may never be known, as there are several different stories explaining how it came about.

The most popular theory is that the saying was coined in 1949 at Edwards Air Force Base, by Capt. Edward A. Murphy. Capt. Murphy was an engineer at the base working on a project to determine how much sudden deceleration can be withstood by an individual during a crash. Apparently, after seeing an incorrectly wired transducer, he said of the responsible technician, “If there is any way to do it wrong, he’ll find it.” The project manager added that adage, as Murphy’s Law, to a list of other adages that he was in the habit of keeping.

In 1952, Yale Book of Quotations, first listed the adage as “Murphy’s Law,” in a quote by an unnamed physicist, from a book by Anne Roe:

“There were a number of particularly delightful incidents. There is, for example, the physicist who introduced me to one of my favorite “laws”, which he described as “Murphy’s law or the fourth law of thermodynamics” (actually there were only three last I heard) which states: “If anything can go wrong, it will”.

Prior to that time, however, there is evidence of several uses of the phrase in the common language. For instance, a verse printed in an 1841 Norwalk, Ohio paper stated:

“I never had a slice of bread,
Particularly large and wide,
That did not fall upon the floor,
And always on the buttered side.”

In 1877, Alfred Holt, in a report during a meeting of an engineering society said the following:

“It is found that anything that can go wrong at sea generally does go wrong sooner or later, so it is not to be wondered that owners prefer the safe to the scientific…. Sufficient stress can hardly be laid on the advantages of simplicity. The human factor cannot be safely neglected in planning machinery. If attention is to be obtained, the engine must be such that the engineer will be disposed to attend to it.”

Then, in 1908, British stage magician, Nevil Maskelyne, wrote:

“It is an experience common to all men to find that, on any special occasion, such as the production of a magical effect for the first time in public, everything that can go wrong will go wrong. Whether we must attribute this to the malignity of matter or to the total depravity of inanimate things, whether the exciting cause is hurry, worry, or what not, the fact remains.”

Personal injury, generally as a result of an accident, malpractice or negligence on someone’s part, can be either physical or psychological. Common types of claims can include slip and fall, automobile accidents, work related accidents, injury from an assault, and accidents due to defective products. A personal injury can occur anywhere, including inside someone’s home, in the workplace, in a business or even out of doors. Medical and dental malpractice and product liability matters are all incorporated under the banner of personal injury, however, different injury claims in different states are subject to different rules of law and statues of limitations (these are filing deadlines) which must be adhered to strictly. It is advisable to consult an attorney as a first step if you feel you have a case for a personal injury lawsuit in order to properly protect your interests.

A potential claim for personal injury may result, for instance, if an automobile driver were to run a red light and smash into your vehicle, causing you injury, or if a medical provider failed to properly treat an illness, misdiagnoses an illness or botches a surgery, causing you further injury or even death. Therefore, a personal injury clam can be made for pain and suffering, disabilities caused by treatment or accident, permanent injuries or wrongful death. A claim can also be made in the case non-physical injuries, such as extreme emotional distress or verbal abuse.

Immediately following an accident, or as soon as possible thereafter, generally within the first few days, you should attempt to make a written record of the accident, your injuries and other matters which concern you, such as lost wages, etc. It is important to this right away so that the facts will still be clear. You should additionally maintain a record of any conversations that have taken place between participants in the accident or injury. It is also important that evidence from the scene of the accident or injury is preserved as it was at the time of the accident. Therefore, it is wise to take pictures or collect any physical evidence which can support your case. You should also attempt to get names, addresses and statements of any witnesses to the accident or injury. Finally, it is necessary that all responsible parties are notified of an intention to file a claim. In some cases, as with a government agency, such notification must happen within a very short period of time following the accident. Simply notifying the responsible parties that you plan to file a claim does not obligate you to do so, but it does preserve your rights to file should you wish to in the future. Keep in mind that statutes of limitations govern how long you can wait before filing a claim.

All of the above steps can be handled through the assistance of a personal injury attorney, who will be well versed with the rules regarding personal injury matters in your state, which is why you want to seek their advice as soon as possible.

Don’t drink and drive. Let’s make it even plainer – if you plan to get behind the wheel of a car at any time within a 24 hour period, don’t drink any alcohol. It’s been said many times, but people still don’t listen.

It’s an established fact that different people of various sizes metabolize alcohol differently, so don’t take a chance with your life and the lives of other by trying to judge how much alcohol you can drink before you are impaired. Even one or two drinks can cause you to have impaired judgment. Keep in mind that driving while impaired and driving while intoxicated are serious crimes.

However, since people often do stupid things, they are out there drinking and then driving their cars. If you do drink and drive and are stopped by the police, you can minimize the risk of being charged or convicted by following a few simple rules.

Be prepared. If you are organized and have all the proper documentation ready to hand to the officer, it will go a long way towards making you look good. Obviously, if you can’t find what you need, or are messing around looking for papers, you won’t make a great impression on anyone.

Be calm. If you are all upset and/or acting aggressively, you may cause an officer to believe this is a sign of impairment. Don’t get stressed out. When the officer approaches your car, roll down your window and keep your hands on the wheel. When addressed by the officer, respond politely and speak clearly.

Be quiet. Don’t admit to anything. If you are asked if you have had anything to drink, ask why they want to know, so they can describe the behavior that caused them to pull you over. If you admit to drinking they can and will administer a blood alcohol test. You are not obligated to answer any questions other than your name and address, and need only supply the officer with your documents.

Be polite. Don’t yell at or argue with the officer. Obviously, if you are overly aggressive or angry, the officer may feel that you are impaired and will insist on a sobriety or blood alcohol test. While it may be difficult to refuse to answer questions politely, it can be done if you keep your cool. If you are polite when answering initial questions, its possible that the officer may not even ask if you have been drinking.

Be smart. If you are asked to get out of the car, do so, but do not agree to any testing on the roadside, if you can. Avoid giving the officer any reason to administer the blood alcohol test. They cannot administer the test without a reasonable suspicion that you are impaired, so don’t give them one. However, if the officer insists on a sobriety or blood alcohol test, you may have to submit to testing, as there could be severe penalties for a refusal to take the testing.

Remember, your best bet is to never drink and drive. That way, you don’t have to worry about remembering any of these rules.

A contract is simply an agreement between parties, which be made orally or in writing, establishing and delineating an obligation of the parties. There are a number of legal remedies allowing participants to set aside a contractual obligation. A contract may be unenforceable or it may be voided or rescinded, by agreement of the parties.

A contract may be voided due to misrepresentation on the part of one or more of the parties involved. That is, if the contract was based upon false information or misrepresentation of a material fact by any of the parties (known as fraud in inducement) or if one or more parties unknowingly entered into the contract (known as fraud in factum). In either case, the contract could be rescinded. Also, depending upon the type of misrepresentation, damages may be awarded.

Another reason for setting aside a contract is when a mistake is made by one or more of the parties. This means that the parties may have an incorrect understanding regarding the obligations of the contract. There are several types of mistakes that can be made under the law, including unilateral, mutual and common. Common mistakes occur when both parties have misunderstood the facts of the contract. In that case, the contract can be voided if the mistaken belief fundamentally renders it impossible for the contract to be enforced. A mutual mistake occurs when there is a mutual misunderstanding of the terms of the contract. Each party to the contract may believe the terms of the contract are different. A contract under these terms may not be voidable if acceptable terms can be established. When only one party holds a mistaken belief regarding the contract, it is considered a unilateral mistake. In such case, the contract can generally only be voided if it is determined that a non-mistaken party was aware that the other party had a mistaken belief and was attempting to take advantage of that fact.

Duress or under influence can also create a situation where a contract may be voided. The party who wants to set aside the contract must prove that a threat was made and that the threat was why they entered into the contract. The other party must then attempt to prove that the threat in no way caused the other party to enter into the contract. An equitable doctrine of undue influence is when one person has taken advantage of their power over another person. This can exist in a familial relationship, such as parent and child, or attorney and client. The court has discretion over such a situation and can determine if a special relationship does indeed exist.

One other reason why a contract may be vitiated is in a case where one or more parties lack the capacity under law to enter into a contract, either due to mental incapacitation, disability, drunkenness or age. This can also happen when an agent for a company or individual may not have the power to enter into such a contract.

A contract based on an illegality, such as the desire to cover a crime, would be unenforceable, as would employment contracts obligating someone to work for less than minimum wage or forfeiting other rights, such as workers compensation benefits.

Many employers now require a background check for new hires and even for promotions. There are several reasons why they may want this information. It could be that check is required by law for the particular position, because they have been involved in lawsuits over hiring practices, because of heightened security due to recent events, or because they were provided with false information by previous employees.

Some people are uncomfortable with someone investigating their background and personal history. Not necessarily because they have anything to hide, but simply because they realize that information could be incorrect or seen out of context, and that it could have a detrimental effect on their career.

The information in a background check can come from many places, including driving records, vehicle registration, credit records, criminal records, social security records, educational records, court records, workers’ compensation records, bankruptcy records, character references, neighbor interviews, medical records, property records, military records, state licensing records, drug tests, past employers, personal references, incarceration records, and the sex offender list. Also, employers more and more frequently check online, at social networking sites, like MySpace and Facebook.

There are a few steps you can take to prepare yourself for a background check, and be sure that no surprises await you and your potential employer.

1. Get a copy of your credit report and be sure that everything on there is correct. Dispute any information that looks incorrect.
2. Be sure that any information contained in court records is correct, especially if you have an arrest records, or even just for divorce matter or other lawsuits.
3. Get a copy of your record from the Department of Motor Vehicles and be sure that any driving infractions or DUI convictions have been expunged. If they haven’t, be honest.
4. Check yourself out by hiring a company to do a background check on you. That way you can see what might be uncovered by a potential employer first hand. If you have had a background check performed on you previously, see if you can get a copy of that report as well.
5. If possible, get copies of documentation from your personnel file at your last job or jobs. This information cannot always be obtainable by law, but if it is, it might give you lots of info.
6. Carefully read any job application or consent forms that you sign. Be clear what you are allowing the potential employer to check out about you.
7. Make sure your neighbors, colleagues, friends and family know that they may have to answer questions about you. This way they know to expect it and will know that they have your permission to speak.
8. Google yourself. Be sure to check your name in the major search engines to see what you’ve been up to. Could anything you’ve posted be offensive to a potential employer? Remove it. Also, track down anywhere else it might be posted and request that site to remove the info as well.

Child custody is divided into both the legal custody of the child, the individual who has the right to make life decisions for the child (including educational matters, health care, religious instruction, etc.), and the physical custody of the child, meaning the individual with whom the child will primarily reside. Child custody laws vary by state, but each state has laws covering the rights of grandparents. It is wise to consult an attorney with experience in family law matters to assist you in determining what your rights are in your state.

Generally, grandparents have the right to seek partial and/or full custody of or visitation with a grandchild by petition of the family law court. This right to custody could apply in a case where either one or both natural parents are deceased or when there is a divorce or separation. Also, if the grandparent feels that the child is in danger of either physical or mental abuse, or is in an unsafe or unfit environment due to drug use or mental illness, they have a right to petition the court. Another situation where a grandparent may seek custody of a grandchild is if the grandparent has had physical custody of the child for at least a year, and has acted in the role of a parent. This could be as a result of parental neglect or the death of the parent.

Visitation with the child can take place by mutual agreement with the parents or, if that is not possible, by order of the court. Generally a schedule is created, as with parental visitation, allowing the grandparents to see or speak with the child on certain days at certain times.

The burden of proof rests with the grandparents to show that it is in the child’s best interest for the grandparent to have custody of the child, that their concern for the child’s well being is genuine, and that the present relationship between the grandparent and grand child resulted from prior parental consent or court order. It is the obligation of the court to determine what are the best interests of the child or children when granting custody or visitation rights. Therefore, there needs to be a valid reason why a child would be better served by living with or visiting with their grandparents than by not doing so.

Grandparents may also seek visitation or partial custody, allowing them to visit with the grand child without parental consent or supervision. Once again, the burden of proof rests with the grandparent to show that the child may be subject to harm if such visitation is not allowed. In some instances, grandparents are allowed only supervised visitation. Although, grandparents are not generally denied visitation rights without a valid reason, the grandparents’ rights to visitation against the parents’ wishes is not always clear under the law.

It is best to seek legal advice from a family law expert when petitioning for grandparents’ rights, as the process can be complex and you will wish to ensure that it is handled in the best interests of the child.

It is illegal to hide money from a spouse when going through a divorce. It’s also immoral. But people do it all the time. They do it for lots of reasons, like lowering payments for child support and/or maintenance, but mainly, they do it because they just don’t want to share.

Should you suspect that your spouse is hiding money from you, be sure to get the proof. Below are five tips which can help you to determine if your spouse is hiding money, and to help you collect the documentation necessary to prove it.

1. A spouse may ask their employer to hold back income or commissions on earnings as a means of showing a lower annual income to the court at the time of a divorce. If you don’t already know how much money your spouse makes in a year, you should look at last year’s taxes. Then be on the alert for any signs that he or she is suddenly bringing home less money than before. Does your spouse normally receive bonus or incentive checks from their employers? It is possible that your spouse has requested only partial payment or has cashed these checks separately and placed the money into an account where it cannot be traced back to him or her.

2. Check to see if you spouse is suddenly short of cash, perhaps taking more ATM withdrawals than normal or taking them from places outside of their regular travel areas. Be sure to check your bank records regularly to determine if money has been removed from your accounts. Review all the mail that comes into the house. Be sure that all the financial statements for any accounts, bank accounts, 401ks, IRAs, CDs, stocks, whatever, are arriving, and be sure that no money has been removed from these accounts. Be sure that you know at all times how much money is your checking and savings accounts. Be on the look out for money that goes missing from your accounts, even if it’s a small amount, as your spouse could be taking money out a little at a time.

3. Check email accounts and web histories. See where they might be spending or placing money. Also, check for credit cards that you may not have been aware were in existence. Also, be sure you know how much debt you have on credit cards. This could be an issue if your spouse is taking cash advances from the cards or if they are making large purchases on the cards. You can get stuck with half the debt.

4. Get copies of the last three to five years of tax returns. If you can’t find your copies, call the IRS.

5. Check for other shenanigans. Like checking safe deposit boxes and making sure you have a record of the contents. Review all your insurance policies. Get copies of your credit report.

Finally, keep great records, but don’t confront your spouse with the info you find. Take it to your attorney.

Hospital malpractice can be as a result of any hospital staff (this can include doctors, nurses, technicians, pharmacists and/or any other staff involved) improperly or negligently providing medical care and treatment to a patient, whereby the patient suffers harm, resulting in injury or death. The patient bears the burden of proof in such a claim. It must be proven that such health care providers did not meet the accepted standard of care that could reasonably be expected. Standard of care is a guideline, which is based on the specific treatment and is generally determined based on other health care personnel with the same practice and qualifications would have managed the patient’s treatment. When suing for malpractice in a medical situation, it must be established that there was a breach of this standard of care.

Malpractice claims can be based on many different issues involved in a hospital stay. Included, but not limited to, those issues, are mistaken diagnosis, failure to treat or adequately monitor a patient’s condition, failure to order appropriate and necessary testing and/or refer a patient to a specialist, improperly treating the patient, incorrectly administering medications, improperly using anesthesia or medical equipment, performing procedures unnecessarily or without the proper consent, or not taking necessary precautions to prevent life-threatening infection.

The first step in preserving your rights in a malpractice situation is to seek the advice of an attorney who specializes in medical malpractice matters. There are statutes of limitations (which are filing deadlines) associated with lawsuits of this nature, which vary by state and can be quite short in some cases, so you should consult the attorney as soon as possible in order to protect yourself. An attorney will assess the situation and advise you if your case is worth pursuing against the hospital or any of the hospital staff as a result of your injuries or in the case of a wrongful death of a loved one.

As there is no national system which monitors preventable injuries and/or deaths in hospitals, there are no clear statistics available, however, it is estimated that close to 100,000 people die each year due to preventable medical error. In 2001, the Bureau of Justice Statistics cited in a report that in 1,156 medical malpractice suits litigation, 9 out of 10 involved permanent disability or death as a result of negligent care. The win rate in such cases was only 27% and the median award amount for damages was $425,000. This is in contrast to the win rate and average award in tort cases, which are 52% and $27,000, respectively. Obviously, these figures do not represent those cases that settled prior to a trial.

Not all medical error is malpractice, however. If the hospital staff have done all they can do for a patient and have maintained the acceptable standard of care and yet the patient still suffers injury or death, this would not fall under the category of medical malpractice.

“The difference between divorce and legal separation is that a legal separation gives a husband time to hide his money.” Johnny Carson
“You never really know a man until you have divorced him.” Zsa Zsa Gabor
“If marriage means you fell in love, does divorce mean you climbed out?” Unknown

Do you need a legal divorce? Well, it all depends. Obviously, if you’ve never been legally married, there is no reason to divorce, as divorce is the dissolution of a marriage. Divorce laws vary, so you should always consult an attorney in order to determine how you need to go about obtaining a divorce in your state.

Not all marital separation situations require the parties to obtain a legal divorce. In some situations annulment is acceptable to dissolve the marriage. Also, if the parties don’t wish to remarry, a simple legal separation may be all that is necessary. If you do wish to remarry in the future, however, you should obtain a divorce. As the process can be complex, you should make sure that you don’t hold off on obtaining your divorce until you want to remarry as it may take a long time to be completed and you will not be able to remarry until the final papers are filed.

Obviously, divorce can be expensive, which is why some people would choose not to go through the ordeal. However, if you decide not to dissolve your marriage through legal channels, you may find that you have a mess on your hands later. Even when you go through a legal divorce, separation or annulment, things can be tricky. There are not always clear lines demarcating what belongs to whom and how those assets of a marriage should be appropriated. However, the courts will make that determination, and then you will have everything written in a property settlement agreement that must be upheld, as opposed to just making an agreement with an ex-spouse, which can later be broken at will. Although it can be difficult, it is much easier to separate the “stuff” in a relationship when the couple has been married, rather than just living together. This is because the law recognizes marriage, but does not recognize other types of relationships.

Legally divorcing a spouse may make you eligible for maintenance support payments, as well, and you may not be able to enforce that such payments are made to you without a formal divorce settlement. Furthermore, if there are children of the marriage, they may be entitled to child support payments, which may be more difficult to obtain without a finalized divorce.

The bottom line is there are many reasons why a legal divorce is desirable. You should always seek the advice of an attorney to determine if it is necessary in your case, how you should go about obtaining a divorce, what are the benefits to you of a divorce, the cost of the divorce and how long it will take until the divorce is finalized.