Elements of effective case management.
These parameters determine elements of case management What should I know about you? Profile from birth until now Address Activities of everyday living Annual health assessment Assets Abilities/skills Allergies Complaint/problem Communications Duties Detention Education Habits Hospitalization Impairment Rating and Disability Determination Language Last updated Photograph Profession Referrals Survival Needs Stress Surgical History Travel history Awareness of relevant issues. What are controversial issues or harms that have occurred? Is it controversy or harms? What do you know about controversial issues? What do you know about harms that have occurred? What questions need to be answered? Age of all involved. What is the age of those involved? Who are the victims? Does the victim know about harms? Does he/she know about relevant issues? What issues am I having? In how many issues you are required to bring remedies? Duration of harm What best describes the harms? Single incident. Multiple incidents. Prolonged harms for many years. How old are you? What is the place of your birth? What questions do you need to answer relevant to your profile? Is the address you have given your home, home office, or only residence? Were you a good student, average student, or below average student in high school? What has been your legal track record after 18 years of life? What is your gender? What are your assets? What are your abilities and skills? Do you understand, speak, read, and write the English language? What languages can you understand, speak, read, and write? Do you have any duties? Who assigned you these duties? What was your mailing address from birth until now? Where do you live now? How long have you lived at this address? What is your contact information including current mailing address, telephone, e-mail, and any other details, and person to contact in case of emergency? What profession do you identify with? How would you rank you education level? Is you educational level at primary school, middle school, high school, associate’s degree, bachelor’s, master’s, or doctoral degree? What subjects have you studied? What profession have you studied? What are your abilities? What services can you provide? Have you designed or developed any products and services? What are the issues? Were you ever detained or jailed? How many times and how long were you detained or jailed, and what were the reasons? Do you think your detention and/or being put in jail was justified? What concept of law is applicable to this scenario? When was the last time you were hospitalized? What were the reasons for hospitalization? How long did the hospitalization last? Do you think the hospitalization was justified? Where have you travelled up to now in North America, Asia, Africa, Australia, Latin America, or Islands even for one day? Did your parents/guardians and school raise you with liberal values, religious values, or some other values? How were you raised? What details should I know about you now that might later create problems for me, you, and others? What are your goals or plans? What best describes your English language abilities? What does this case need? What do these issues need? Incident evaluation Summary offences Indictable offences Minor and non-minor offences Serious and non-serious offences Arrestable and non-arrestable offences Are all indictable offences tried in the higher courts? Have you answered all relevant questions listed above? Consciousness or level of consciousness during incident. What was the level of consciousness of the individual during the incident? Crisis or malicious manipulation, if any. Was any malicious manipulation involved? Drugged to unconsciousness and assaulted or abused. Assaulted to unconsciousness and abused. What are the findings in this scenario? The victim does not know about harms during unconsciousness. Usually, survival needs are not enough. Solutions, remedies, and relief must go ahead. Punishments of those involved in harms must go ahead. Solutions/Remedies/Relief Adjudication plan. What are recommendations relevant to this individual? Increase survival needs. Decrease survival needs. Increase remuneration. Decrease remuneration. Put this individual under supervision. Public reprimand. Other disciplinary action. Rehabilitation plan. Punishments of those involved in harms. What can be various punishments? Confiscate assets of those involved in harms. Death penalty. Disciplinary action against those involved in harms. Imprisonment under pretext of public safety. Public reprimand. Being banned from public issues instructions. Termination of services of specific individual. | |||
|
Is there a difference between controversy and harms? Yes. What is the difference between controversy and harms? Controversy is also a dispute. With harms, various criminal offenses have occurred. | |||
|
What is a medicolegal case? What is medical malpractice? How is vicarious liability defined? | |||
|
Are there any witnesses? This question is important. What did you hear and see? Who are the witnesses? Who are apparently involved? Who is behind them? | |||
|
Where are further guidelines? Take a look at this. www.qureshiuniversity.com Everything is displayed at this location. Here are further guidelines. Here are further guidelines. | |||
|
Do you need legal help? Do you need legal help, medical help, or both? What is the difference between legal case evaluation and medical case evaluation? In medical case evaluation, more than 70,000 medical conditions are kept in mind in various health care settings. In legal case evaluation, 490 criminal offenses are kept in mind in various health care and legal settings. The 490 criminal offenses are part of the 70,000 medical conditions all medical doctors must know. The 490 criminal offenses are part of medical Jurisprudence that all doctors must know. Ten civil cases are kept in mind while doing legal case evaluation. A medical doctor should know legal case evaluation and medical case evaluation in various settings. Are basic human rights violations criminal or civil cases? Basic human rights violations are criminal cases. What should you do if you detect basic human rights violations? In case of basic human rights violations, immediate solutions and remedies are required. The case you are dealing is an extreme human rights violation. Alert everyone that this is an extreme case of human rights violations. The victim suffers from extreme human rights violations. What type of case is this? Civil Criminal (felony, misdemeanor) Infraction The issue is not even an infraction. What is applicable to this case scenario? The code of civil procedure. The code of criminal procedure. Legal crisis. Legal emergency. Legal citation. Legal summons. What classification of law is applicable to this situation? Felony. Misdemeanor. Infraction. Malicious prosecution. Civil case. Civil case with parallel criminal proceedings. Criminal cases Have you ever been convicted of a felony? Have you ever been convicted of a misdemeanor? Are you currently on probation or parole? What type of crime are you accused of? Were you ever arrested? Was the arrest justified or unjustified? What was the day, month, year, and time of arrest? What was the location of arrest? What were the circumstances of arrest? What did the citation of arrest reveal? Have you ever been to court for this issue or submitted a reply to court? What are the details? Is this individual harmful to public safety? Should this individual remain on the job or be terminated from service? Terminated from service. Should this resource remain in public service or be banned from public service? Banned from public service. Should this individual remain in the community of jail? Jail. What are the facts of the harms this individual is involved in? See the enclosures with facts of harms from this individual. Basic human rights violations are criminal cases. What will happen if the basic human rights of an individual are violated? The individual will die or have irreversible disability that requires assisted living. Disability that needs assisted living. Disability that does not need assisted living. All should know that human rights violations that affect the survival needs of a human are criminal violations, not civil violations. How do you describe the health status of the individual relevant to age of the individual? 100% mentally Fit. 100% physically Fit. How do you describe the abilities of the individual relevant to a specific profession? Questions of lawful fitness or safety for specific profession. http://www.qureshiuniversity.com/personalitydisordersscreening.html Is this individual fit for the specific profession? No. What is the proof this individual is not fit for the specific profession? The individual does not have answers to the relevant questions mentioned. The individual does not practice answers to the relevant questions mentioned. The individual is harmful. The individual mentioned publicly that if there is a human rights violations, “I do not care.” Questions you need to answer What are examples of various civil cases? What are examples of criminal cases? What are examples of legal emergencies? What are examples of legal crises? What concept of law is applicable to the situation? What concept of criminal offense is applicable to the situation? What are the details of the code of criminal procedure? | |||
| Complaint | |||
| Appeal | |||
| Appearance | |||
| Notice | |||
| Motion | |||
| Pleading | |||
| File Motion | |||
| Spindle Motion | |||
| File Pleading | |||
| Case Type Codes | |||
Criminal Law
| |||
|
Affirmative defense Defenses to Criminal Charges Duress. Discrimination. Hate crime. Human rights violations. Provocation. Intentional harms on me. Retaliation toward me. Other harms to me (facts enclosed). | |||
| Interrogatories | |||
| Self-Representation | |||
|
Criminal Cases Civil cases Condemnation Felonies Human rights violations Infractions Misdemeanors Personal injury % plaintiff _____ % defense Professional malpractice % plaintiff _____ % defense Product liability Work-Related Issues | |||
| Legal Intake | |||
| Incident | |||
|
Human rights violations
How should attorneys or lawyers be educated in various states for public service? Priority goes to human rights. All officers and residents in and outside the state must be updated about human rights. Human rights violations while depriving survival needs of a human being are criminal cases, not civil cases. Various examples will make you understand. Human rights violations are criminal wrongdoing. All courts must update their records. Any violation that can lead to induced death or disability is a human rights violation. Any deprivation of human survival needs is a human rights violation. Inspector General Complaints Abuse Fraud Mismanagement Misconduct Waste Professional Discipline Complaint Form INFORMATION ABOUT YOU Name: _____________________________________________________________________________________________ Address: ___________________________________________________________________________________________ City: ______________________________ State: _________ Zip: _______________ County: ________________________ Telephone (Day): ______________________________________ (Evening): ______________________________________ E-mail address: ______________________________________ INFORMATION ON THE PERSON(S) YOU ARE COMPLAINING ABOUT Name(s): ___________________________________________________________________________________________ Profession: ___________________________________________________ Telephone: _____________________________ Name of Hospital/Business/Store (if applicable): ____________________________________________________________ Address: ___________________________________________________________________________________________ City: ______________________________ State: _________ Zip: _______________ County: ________________________ Describe your complaint here. Be specific. What happened? When? Where? Use black ink. Use additional sheets if necessary. Please read the instructions on the reverse side carefully before describing your complaint. ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ To the best of my knowledge, the information in this complaint is true and complete. ____________________________________________________________________________ _____________________ Signature Date ?? Check here if you have included additional sheets or other material. I, (print your name here) __________________________________________________________________, request and authorize the above-named licensed professional or practitioner and/or any other licensed professional or practitioner, and the above-named hospital or facility and/or any other hospital or facility, to disclose fully to the New York State Education Department and its authorized representatives all information and records relating to the diagnosis, treatment, prognosis made for and/or on my behalf, or service rendered for and/or on my behalf, by the said licensed professional, practitioner, hospital, or facility. Name of practitioner(s): ________________________________________________________________________________ Name of hospital(s) or other facilities: _____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _____________________ Complainant Signature ________________________________ Date What Is a Negligence Lawsuit? A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services. Negligence cases are usually brought against certain category of professionals, such as medical professional, therapists and attorneys, but can be brought against any person if his/her actions has been proven to be a negligence. It is essential to the outcome of a negligence lawsuit for the victim to prove that harm was caused by the standard of service she or he received. Each negligence case has 4 main elements such as duty, breach of duty, causation and damages that are required to be proved in order to file a negligence lawsuit. The duty element is required for a negligence lawsuit. The duty element means that the person who caused negligence must have a legal obligation to protect others from unreasonable risk of harm. Each person has different duties. For instance, a doctor is required to provide a treatment to his patients. Thus, the second element to a negligence lawsuit is breaching the duty. To meet this element, it is required to determine if a reasonable person would have done the same thing in a similar situation as the person being sued. To determine, if the breaching of duty has taken place objective and subjective standards are taken into consideration. The objective standard of breach of duty only takes into account a hypothetical person and what he or she would have done in a similar situation. On the other hand, the subjective standard considers the actual person that being sued and if this person thinks that he or she acted reasonably in the situation that caused damages to a victim. It is of note that professionals such as doctors are expected to perform a higher standard of care than just the average person. The third important element of each negligence lawsuit is the causation of negligence. Both actual cause and proximate cause are essential in determining the cause of negligence. The actual cause of negligence means that the defendant was the actual cause of injuries sustained by the plaintiff, the person who filed the lawsuit. However, proximate cause of negligence considers the event that has happened and if the injuries sustained were foreseeable or remotely connected to the incident to consider negligence. The damage element is the final element of a negligence lawsuit. The plaintiff needs to prove that it has been actual damages resulted from the defendant’s negligence. Damages can be compensatory, punitive and nominal. Compensatory damages are meant to compensate the plaintiff for actual costs incurred as the result of negligence. Compensatory damages can be general and special. General damages usually contain the monetary compensation for injuries. Special damages might consist compensations to replace material possessions lost as the result of the negligent act. Nominal damages are awarded when the negligence has been proven, but the actual loss as a result of it has not occurred. Lastly, punitive damages intent to punish the defendant for his or her negligence act. In some cases, it is possible for a third party to start a negligence lawsuit on behalf of the victim, for instance, in negligence cases that involve elderly people. Sometimes, it is also possible to file a lawsuit even after the victim’s death. During the negligence trial, the judge will need to determine what the defendant’s duty was to the plaintiff. A negligence lawsuit is generally a civil case which alleges that a victim was subject to a harmfully low standard of care. Such cases are generally lodged against professionals such as doctors, therapists, and attorneys. It is essential to the outcome of these cases for the accuser to prove that harm resulted from the standard of service she received. Plaintiffs who win negligence lawsuits are usually awarded compensatory damages, punitive damages, or both. When a person files a negligence lawsuit, she is suing for professional carelessness. It is expected by society and by law that professionals will perform their duties with a standard of care that prevents anyone from being harmed. In a negligence lawsuit, one of the major considerations is whether the accused acted reasonably. Reasonable actions, in these cases, are generally determined by comparing the alleged behavior of the accused to the behavior that another professional would likely display. The individual who the accused is compared to must be his peer. For example, a civil rights lawyer would be compared to other civil rights lawyer, thereby creating a general standard. The accused cannot be compared to a bankruptcy lawyer unless the civil rights lawyer was acting in this capacity. A professional is generally held to the standard of the capacity in which he was acting. A negligence lawsuit falls into a category of law known as personal injury. One of the most essential elements in a negligence lawsuit is harm. A person may successfully prove that she was indeed subjected to substandard service or treatment. The law generally requires, however, she prove that she suffered as a result. This means that she must not only show that she experienced harm, but she must prove a connection between her suffering and the negligence. It should be noted, however, that harm is not always physical pain. Consider, for example, a lawyer is hired to handle the legal affairs of a business and due to careless acts causes the business to lose a significant portion of its clientele. It may be possible for the business to sue for negligence. In some instances, it is possible for a third party to initiate a negligence lawsuit on behalf of the victim. This is often seen with negligence claims that involve the elderly. Family members or civic organizations may file a lawsuit against a particular medical professional or nursing facility that harmed the elderly person. Some laws allow this to be done even after the victim is deceased. Pleading Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of action -- the issue or issues in controversy. The defendant submits an answer stating his or her defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff. Pleadings serve an important function of providing notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies. It also provides notice to the plaintiff of the defendant's intentions in regards to the suit. |