They Missed My Diagnosis

I try to keep my spirits up by laughing about my situation. I like to joke about how cancer is going to finally take care of my weight problem, and without having to do a minute of exercise! I tell people that I’ve done enough damage on this planet so I’m getting called back home early like a kid who causes too many problems at the playground.

I like to make those jokes so others don’t worry, but I’m, of course, terrified. The diagnosis isn’t great. At least the diagnosis is right now (more on that in a minute), but it isn’t as rosy as too much stomach acid like it was before. I spend my nights reading up on what each stage of cancer means and how bad my chances are. Then, I try to think up new ways to laugh off that look I keep getting from everyone that I tell.

What is worse than the fear, which is what everyone has, I suppose, once they get this diagnosis, is the anger. My chances would be so much better if they’d caught this earlier if they’d just gone and looked.

What makes this particularly upsetting is that I just found out during my hours of evening research, that my misdiagnosis should count as medical malpractice. Apparently, just brushing someone’s stomach pain off as a stomach acid issue and giving a useless prescription can get you sued. Maybe I ought to do it, just to see that doctor’s face. I don’t know if I have time to make him pay, but if it keeps him up at night, I’d feel pretty justified in the whole encounter.

But who am I kidding? I’m starting treatment tomorrow and I likely won’t have the energy to fight such a case. Still, it’s infuriating.

The fact is, I wouldn’t even know the diagnosis was wrong if I hadn’t chosen, seemingly at random, to switch doctors and get a second opinion. I just had a feeling that my doctor wasn’t being thorough with me. Looks like my intuition was right, much good it’s going to do me now.

So, ahead of me is a long slog to try to beat the odds on this thing. I think anger probably won’t help any, so I’m going to try and be the bigger person and simply forgive the devastating oversight made by my former doctor and move on. I’m writing this as a bit of therapy, to just get it out so I can move on and focus on myself. I’m what matters right now. After all, people do survive this, and I intend to be in that minority who make. I may say it to others, but I haven’t been the bad kid on the playground who should get called home early. I’ve been pretty good in my life, and I want to stay out and play as long as the other kids. I hope I get the chance.

Why Healthy Trees can Make Your Property More Valuable If You Choose to Sell

When buying a new home what are the first things you look for? Good school district, closest grocery store, and the tree coverage in the front and back yards. As homeowners we want our yards to be as beautiful as our homes. Having dying or rotting trees in the front yard can turn you away from buying a home. If the previous owner didn’t take care of their trees, you can’t help but think of what other problems they neglected throughout the property.

Trees are arguably the first impression that your home will give off. Having a large healthy free standing oak in your front yard can show that you care about your home and have a bit of a green thumb. A study by the University of Washington found that consumers will on average travel farther distances to visit city districts with more vibrant tree life and spend more time there. There is also a stark correlation between renting properties quality landscapes. There is a 7% higher rate for renters when the yard of a renting property is better kept than those not. The effect doesn’t stop at just the individual home either. Larger, maintained trees can add an increase of up to 15% in property values across a neighborhood. These professional arborists say that the proper pruning and caring of mature trees allow the trees to grow larger and have the dense top foliage to provide a blanket of cooling shade. A Clemson University study reported on HGTV found that homeowners found a 100% or larger return on any investment they put into landscaping when selling their home on the market. Starting the planting and caring process is vital. Mature trees can take anywhere from five to seven years to fully reach the noticeable maturity that is a vital asset to any property they stand on.

Even if a homeowner isn’t thinking of selling their property for years to come it’s important to start thinking about landscaping and tree care today. It’s an investment that can potentially pay off double years down the road. Proper lawn care is as important a keeping up with the roofing and foundation of a home because they are an interlinked system. The roots of tree neighbor the home’s foundation and the branches can cover the roof area. Having an arborist inspect one’s trees to ensure that the relationship between home and yard is a healthy one is vital for the property value as a whole. Tree care and maintenance is truly the gift that keeps on giving and growing.

When it comes to the property value the market is the only force out of the homeowner’s control. What they can control, however, is their landscaping. Making sure their yard is the highest quality possible is the best way to ensure that when the time comes to sell, a homeowner can get the most out of the work they put in.

Defending Your Medical License from Possible Suspension or Revocation

The authority of granting of medical licensure and the task of assuring the administration of quality health care in the United States is placed under the jurisdiction of each state’s medical licensing board. These licensing boards, in turn, are subject under the each state’s administrative procedure act, a stipulation in the 10th Amendment of the U.S. Constitution, the same amendment that authorizes each state to enact laws that will ensure the protection of its residents, including their safety, health and general welfare.

Aside from determining if an applicant for licensure is competent enough to start treatment of patients, which is the basis of granting a medical license, the medical licensing board also takes on other responsibilities, including investigation and review of cases of malpractice or unprofessional conduct filed against physicians, disciplining those found guilty of violating the board’s policies and suspending, revoking or holding in probation issued license, if necessary.

The medical profession requires years of rigorous studies, postgraduate training and a passing mark in the national medical licensing exam. Completion of all educational and training programs is not the end of the hurdle, however, as candidates will still need go through the state’s medical board, which will first test and determine their competency before granting them the license that will enable them to practice their medical profession. And once license is acquired, the licensed physician is faced with another and an even more demanding challenge – ensuring a faultless health care practice.

Despite their intensive training, many physicians end up committing medical malpractice and other acts of incompetency, through the course of their medical profession. Some of these acts are poor standard of care, sexual boundary violations and wrong or delayed diagnosis and treatment. Due to these, many have suffered suspension of license, temporarily stopping them to practice their profession which they promised to uphold and which is also their primary source of livelihood.

Though some physicians may actually be guilty of the accusation filed against them, the Leichter Law Firm says that a good medical license lawyer, who is devoted to the legal representation of physicians, medical professionals (i.e. nurses, pharmacists, and dentists) in administrative licensing and healthcare matters in both state and federal disputes, regulatory inquiries and investigations, criminal defense and healthcare related transactions, may earn for them the least punishment from the state medical board. In most occasions, being defended by a lawyer, whose knowledge of the state’s health laws and the board’s stipulations is exceptional, is the best guarantee to save your license from being totally revoked or suspended indefinitely.

Common Juvenile Crimes

The youth is an important demographic in a population, as they are the heirs to what the adults have built. This is enough reason to guide them to the right direction, where they can be citizens that are not just law-abiding, but also productive.

But there are times where the youth go to a different path, maybe because of a phase of curiosity and rebellion, and they should get the proper disciplinary action to put them in the right path. According to the website of the Amerio Law Firm, juvenile crimes are treated differently than those of adults. Criminal defense attorneys can help reduce or eliminate the charges, like asking for rehabilitation rather than criminal punishment.

Assault and Battery
These offenses involve threats and acts of violence. For juveniles, these offenses often manifest in bullying cases, where bullies make physical contact with others, resulting into injuries in the side of the victims. Assaults and batteries are also common among juvenile gangs and street fighters.

Illegal Purchasing
Alcohol, cigarettes, drugs, and other products that may cause physical and mental impairment have a cool reputation among youngsters, so it is not unlikely for the young ones to illegally purchase these items from supermarkets, stores, and even unregistered sellers such as drug dealers. The addiction to these substances may also result into other juvenile crimes.

Shoplifting and Other Theft Charges
Youngsters have the tendency to do something against the law just for the thrill of it, so they may try shoplifting, pickpocketing, and other forms of theft. They may also do this on purchasing age-restricted items such as alcohol and cigarettes.

Vandalism
Like lighter forms of theft, vandalism is mostly committed by the youth for the thrill of breaking the law and getting away with it. They are kids, so they cannot pull off something significantly serious, so they rely on petty crimes like vandalism, mostly in the form of uninspired graffiti.

The Necessity of Legal Assistance in Proving Pilot Negligence in the Event of an Accident

Since that first aviation accident on September 17, 1908, the aviation industry has continuously improved, equipping planes with the latest safety standards and making these the fastest and safest means of long-distance and overseas travel. This high safety rate in the air travel industry, with only 138 fatalities annually, is affirmed by the Aviation Safety Network and other transportation authorities.

Despite the continuous upgrades in the design, especially of commercial planes, and in the air traffic control(ATC) system, changes aimed at strengthening teamwork among the flight personnel and eradication of the concept that the “captain is god” have also been implemented.

The installation of the latest safety standards, upgrade in design and all other changes, however, will prove useless if the one who has control of the plane will not strictly follow flight procedures or if anyone else, whose job affects a flight, will not perform well the job assigned to him/her.

There are different known causes of aviation accidents; the ones most commonly recorded are mechanical malfunction or defect, airline liability or negligence, air traffic controller error and pilot error. The number one type of aviation mishap that results from the causes of aviation accidents listed above is airplane crash during approach or touchdown. The greatest risk factor for approach or touchdown crashes is unstabilized approach. This refers to an aircraft’s failure to maintain speed, descent rate, and vertical/lateral flight path.

According to the U.S. Federal Aviation Administration, the agency that governs the US aviation industry, a proper approach is highly critical to safety; thus, being able to persuade pilots to conduct a go-around, instead of forcing a landing, can very well result to lives saved and zero or lower cost of damage to the aircraft.

A pilot committing an error while taking off or touching down is just one of the so many other mistakes pilots have been found to be guilty of in the past. These mistakes include:

  •  Failure to read cockpit instrumentation correctly ;
  •  Failure to comply with the directions given from the air traffic control tower, either upon takeoff or when landing;
  •  Failure to use the plane’s de-icing system properly;
  •  Maneuvering mistakes that may cause engine failure or collision with another plane;
  •  Failure to extend flaps during takeoff;
  •  Flying at the wrong altitude; and
  •  Disconnecting the autopilot, whether accidentally or intentionally.

As explained in the website of the law firm Hankey Law Office, proving pilot error to be the cause of an airplane accident can be very difficult. Since most lawsuits brought against airplane pilots are based on standard definitions of negligence, it is important to have a lawyer to make sure all of criteria necessary to prove negligence are met.

The Elderly and Preventive Health Care

A new study recently published in a peer-reviewed open-access journal PLOS Medicine showed that when elderly people participate in health risk assessments and personalized counseling regarding health care matters, they tend to be more aware of the health risks that age maturation might bring them and are thus more likely to take preventative steps towards ensuring that they are not exposed to such risks.

Andreas Stuck of the University Hospital Bern of Switzerland, the study’s lead author, said they were able to convince 874 healthy elderly people over the age of 65 to fill out questionnaires seeking to find out potential health risk factors that are particularly relevant to old age.

Stuck said that the study, which was conducted between the years 2000 and 2002, found out that “prevention [of health risks] in old age is likely effective, but only if risk assessment is combined with individualized counseling over an extended period of time”.

After the two-year study, the researchers compared the risk assessment group to another group composed of 1,000 people who were not subjected to constant counseling and health risk assessment surveys. The researchers found out that 70% of the people who completed the health risk assessments continued to exercise and engage in physical activitie and that 66% of them made it a point to get seasonal flu vaccines, as compared with 62% and 59% of the comparison group, respectively.

Also, after eight years, Stuck added, 78% of the elderly people who engage in health risk assessment were still alive as compared to the 73% of people who did not do so.

According to SeniorAdvice.com, elderly people aged 65 years and above should be encouraged to quit smoking, do away with diets rich in healthy fats, and engage in aerobic exercise and minimal physical activity. This is important so as to prevent the development of cancer, which is the second leading cause of death in adults 65 years and older.

Medical Negligence During Birth

Cerebral palsy is a considerable condition that’s deep results on a flexibility that is person’s, impairing their ability to preserve balance and pose. As the Centers for Disease Control and Prevention or CDC put it, the condition is generally accepted as among the many factors behind motor disability. These identified as having cerebral palsy encounter quite a few unique indicators distinct to each type of the situation. Overall, patients with cerebral palsy have problems controlling action inside the arms and legs and muscle stiffness, along with muscles.

A number are of answers to what causes cerebral palsy. ‘CP’ occurs on account of abnormalities in brain growth. In a few scenarios, these problems are due to damage to certain areas of mental performance which controls action. Together with that, there’s also regarding how brain damage or harm causes this disorder, distinct cases. According to the website of the Driscoll Firm, these circumstances might be medical in nature. Listed here are a number of the several scenarios that cause developmental issues with the head of the infant, and will complicate pregnancy or childbirth:

  • Inability treat and to identify attacks within a mother’s pregnancy
  • Inability to check fetal numbers during mother’s work and distribution
  • Failure to execute a Caesarean section (C-Section) procedure when it is necessitated by the circumstances
  • Committing the government of anesthesia as well as problems with surgery
  • Failure to effectively address issues during labor

The beginning of a kid should indeed be a most profound moment for parents. It’s unfortunate that such a long-awaited and negligent mistakes committed by members of the team can be easily become a crucial situation and hinder the enjoyment. Problems built during pregrency and labor may have significant and long term implications for your infant, producing serious medical conditions including cerebral palsy.

What are the Dangers of Xarelto?

Patients of hip or knee replacement surgeries are often in danger of deep vein thrombosis (DVT). There is a vein located deep within the muscle of the leg that can only circulate blood with movement. If the flow of blood stops due to disuse, there is a chance for clotting to occur, which could lead to cardiac arrest if left untreated. This is why it is recommended that people move around every few hours during long flights in order to prevent DVT.

Another preventative measure against DVT is taking an anticoagulant drug. One of the most popular in the market right now, according to the website of Williams Kherkher, is a blood thinning agent called Xarelto, also known by the name of its most active ingredient: rivaroxaban.

It was approved by the US Food and Drug Administration (FDA) in 2011 and currently worldwide, its sales amount to around $1 billion. However, there are dangerous side effects that have been directly linked with the taking of Xarelto.

One such side effect is finding blood in your urine or having discolored urine. This could mean that your body is trying to tell you that there is something wrong. One cause of this is severe gastrointestinal bleeding, which is one of the more damaging side effects that has been claimed to be caused by taking Xarelto. Other minor side effects include discolored stool as well as muscle weakness. These, too, are symptoms of internal bleeding. Another kind of bleeding that can occur due to Xarelto is brain hemorrhaging.

If a vein in the brain is blocked, it could burst and bleed out onto the brain. This often causes spasms or strokes that could, if left improperly treated, could cause permanent disability or even death. There are no procedures in place that are a direct response to side effects of taking Xarelto and awareness of these side effects of severe bleeding are not made blatantly known to patients taking them.

The Benefits of Owning Mineral Rights

Mineral rights, also known as mineral estate, refer to the legal rights of a person to sell, lease, bequeath or give as a gift the minerals found on a piece of property (which may or may not belong to him – either because he/she bought only the rights that will cover whatever minerals may be found on or underneath the land or because he has already sold the land, but not the mineral rights on the land, to another person or firm).

With the boom in the shale oil and gas industry in the US, selling or leasing one’s mineral rights has become one of the hottest issues among owners of property within the shale regions in the nation. According to the U.S. Energy Information Administration (EIA), the top producing shale areas in the country include:

  • the Utica Shale which become a major natural oil and gas and producer in 2013and occupies portions of Ohio, Pennsylvania, Quebec, West Virginia, New York and other parts of eastern North America;
  • the Marcellus shale, which is one of US’s most extensive shale regions and probably the second largest shale region in the world. It spans across parts of Ohio, West Virginia, northern and western Pennsylvania and southern New York;
  • the Niobrara region which stretches across parts of South Dakota, Nebraska, Wyoming, and Colorado;

For these owners, the decision to either lease or sell mineral rights will need to be considered exhaustively to make sure that they will never regret the decision they pursued. For while some caution others never to sell since the amount of profits that they will get through leasing their mineral rights will eventually equal or even exceed the amount offered in a sale, others, rather, decide to sell for the idea of leasing is much riskier than selling.

This is because selling mineral rights guarantees sure, immediate and substantial cash, which is often more than enough to last the owner and his/her family for many years. It will also save the owner from significant tax increases (which he/she will have to keep paying if the rights were only leased).

Leasing one’s mineral rights, on the other hand, may prove a better decision, but only if the land will yield an abundance. A property that will not produce the expected amount of shale oil or gas will immediately decrease in value and turn up a liability, instead of a big asset, for the owner.

Before making an actual decision, though, it is necessary that the land owner understands all the advantages, and possible risks and consequences of selling or leasing his/her mineral rights.

How to Deal with Wrongful Death

Emotions are known to run high in high stress situations, especially in cases wherein there has been the loss of human life. The deceased could have been the primary source of income for a family, leaving several people suddenly without financial means.

There are also then the expenses brought on by any medical bills or medications brought on before the death as well as taking care of the funeral and whatnot. These can be difficult times for anyone and so it is important that if the death was caused the negligent actions of a guilty party, legal action must be taken.

According to the website of attorneys with Abel Law, there are many intricacies that come into play when it comes to a wrongful death claim. It can be a trying time for anyone involved as there must then be investigations and inquiries with the regard to the nature of the death that must be found out in order to properly represent the case in a court of law.

This is, of course, undoubtedly difficult to think about – especially since the wound of the grief is still so fresh, there is not a lot of time that is left for those left behind to seek justice for this wrongful action due to the fact that there are strict deadlines that come into play when it comes to cases like this.

If you or someone you know is currently having to suffer through the loss of a loved one due to the reckless or negligent actions of another party, you are warranted to seek legal aid in order to receive due compensation for the sudden loss.

Though it is true that there is no amount of money that could ever replace the life that was taken to you, there is some small comfort and solace to be had when you could be granted the smoothest transition back into something close to normal as soon as possible.

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