Legal

State authorities regulate Business Formation Law in the US. Although there are many federal laws that affect businesses in the US, most state laws are very similar. Here are 3 types of businesses and the laws that affect them.

Sole Proprietorship – One person owns this form of business, therefore the business is in his/her name. Most often these businesses are small and include professionals, consultants, and other service businesses. Sole proprietorships under the law are not seen as separate entities and therefore there have no legal formalities for creation. The owner will have to report their income and expenses on his/her own income tax return. It is important to note that both the person’s assets and the business’s assets are subject to claims by the business’s creditors.

Partnerships

General Partnership- These forms of businesses are joint, which means that the responsibility, profits, and liabilities are shared by the partners.

Limited Partnerships – These are seen in businesses that need funding or those who are investing in real estate development. Limited partnerships require a written agreement. Each partner will invest funds and should receive a predetermined share of the profits. The maximum number of partners varies according to state law. A limited partner is “limited” in the potential loss, as he can only lose his/her entire investment.

Corporations – These are organizations created by the state and they act as an artificial person. This means that corporations can sue, be sued and can issue stock. Since corporations function as separate entities, they can only be liable for the debts and damages up to the corporation’s total assets.

 

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Most dental practices get caught up in the day to day activities of running a practice and forget that they are neglecting their business. It is important that dental practice owners are aware of the way they are running their business and how it affects their patients revisiting the clinic and offering referrals. Here are some tips on how to run a successful dental practice.

What makes your practice unique? – It is important that you promote the services you offer and personalize them to each client’s needs. Start off with relevant social media content plus brochures that provide detailed information about your services.

Create an office culture – Identify your office culture by looking at your personality, your leadership style, values, and behaviors that shape your staff, then analyze how your culture reaches your customers. Consider including your staff in daily or weekly meetings to ensure that all employees are on the same page regarding dental standards and customer service.

Expand your services – Avoid overextending your practice but look at methods to increase your offerings by improving your technology, quality, and reputation. Avoid overextending to the extent that it affects your practice. The last thing you need is to deal with dental or anesthesia injuries.

Flexible financial options – Some patients have to undergo expensive treatments. Therefore they may want special financing options to help them manage their finances. Look at debit, credit, personal check, and cash.

Remember to engage – Look at offering your patients good quality services and ensure that you are contactable at all times in case of an emergency.

 

Law enforcement officials can often intimidate citizens into voluntarily giving up their rights because police are trained to show authority when they interact with the public. Usually, if a police officer confronts a person, most people will experience nervousness, discomfort and become abnormally anxious.

However, it is essential that citizens understand their rights and what they are giving up when they conform to the requests of an officer. If a police officer stops you at a routine traffic stop, he has the right to check your driver’s license and your registration. The officer may then ask you if you have any illegal weapons or drugs in your vehicle. If you say “no” then the officer might ask if he can check your trunk. However, you can say “no” to this request, because legally the officer cannot force you to do something against your will. However, refusing to comply may result in resisting arrest offense.

Sometimes police officers will push citizens to accept their request for a vehicle check. However, saying that you do not consent to a search without a warrant, should make it clear to any officer that you are aware of your constitutional rights.

Although you may openly speak your displeasure, the officer may charge you with resisting arrest. But in most cases, the officer will try to continue to convince you to comply voluntarily. Your police officer can, on the other hand, ask you questions, look through your window and walk or drive in public areas.

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

All medical procedures have risks associated with them. Anesthesia is used in many medical procedures that include dental anesthesia, delivery, and surgery. The side effects of anesthesia can range from minor to severe and can occur any time after the anesthesia is administered. Anesthesia deaths are rare but have occurred in a very few percentage of patients. Here are some risks associated with anesthesia.

General anesthesia – Minor side effects may include a sore throat, headache, nausea, vomiting, tiredness, muscle aches and fatigue. In rare cases, aspiration pneumonia can occur where stomach contents flow into the patient’s lungs. Some patients have had severe allergies, blood pressure or heart problems.

Regional anesthesia – Regional anesthesia may include minor symptoms such as those stated above. Some patients complain of pain or an infection where the injection was administered. Prolonged numbness in the areas is also a common side effect that can range from a few hours to a few weeks. In rare cases, patients can experience permanent nerve damage.

Sedation with local anesthesia – Sedation with local anesthesia can include drowsiness, allergic reactions, blood pressure and heart problems.

It is best to speak to your doctor before you book your appointment for your procedure to clarify any concerns. If you have any other medical conditions or symptoms, it is best to inform your doctor at your earliest.

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Anyone who has experienced any of the above should consult an attorney about a dental malpractice case.

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Sedation and anesthesia can be a very scary prospect for many parents and patients. Here are some areas that you should consider before making an appointment that includes such procedures.

Forms of sedation – The most popular form of sedation is nitrous oxide. Patients are asked to inhale the gas, which puts them in a relaxed state. Other forms of sedation include administering oral medications or IV solutions.

Forms of anesthesia – There are two types of anesthesia, and they are local and general. Local anesthesia uses injections to numb specific areas of the patient’s mouth. For extra comfort, a dentist may recommend combining local anesthesia with sedation. General anesthesia is an option when patients need extensive work done. The process of general anesthesia involves putting the patient to sleep through the use of IV drugs and gaseous anesthetics.

Before the procedure – It is very important that the patient’s stomach is empty before any form of sedation. Sedation and anesthesia in dental procedures could cause a patient’s airway reflexes to be impaired. This impairment can result in vomiting or lung injuries. Therefore patients are requested to fast at least 12 hours before the procedure. If for some reason you were not able to fast, you should inform your dentist and postpone the procedure for another day.

If you undergo a dental procedure and have temporary or permanent physical damage, it is best to contact a reputed dental malpractice attorney at your earliest.

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If you suspect something like dental implant injury, contact a malpractice attorney immediately.

 

Both lawyers will look resolve the case. However, they both have their own legal routes.

Written by: Lyle Charles

When it comes to construction cases, there are two routes that you can take when it comes to a claim: hire a lawyer and go through arbitration, or take the mutually beneficial route and use a mediator. Both have their benefits and caveats and this article will discuss each choice in-depth so you can ultimately decide which option is best for you. Be sure that you hire construction consultants that understand the industry as it will be more beneficial for your case.

Hiring a Lawyer

A lawyer, unlike a mediator, is bound to represent a single party – they can’t represent both sides and negotiate. Lawyers can take a “mediation” approach by attempting to negotiate with the opposing party. However, it’s different in the fact that most lawyers that are hired will look to head to the arbitration process and settle within court. It’s important that you understand that a lawyer that specializes in arbitration will not look to mediate at first. Instead, he or she will attempt to take your case straight to court and look to argue against the opposing party in front of the judge. Additionally, he or she may not even be a construction claims expert, which is vital to the outcome of the process.

Hiring a Mediator

A mediator is different than your standard lawyer in that he or she will represent the case rather than the parties. What this means is that the mediator will overlook the entire construction case and determine what resolution will benefit both parties. He or she will then discuss all possible options at a “sit down” with both parties and work to resolve the claim. A mediator can be defined as a neutral party that provides substantial legal information but does not provide any legal advice to anyone. He or she will also not go to court and argue for a party. They are simply there to provide legal insight on how the claim can be resolved without going to court. Remember, taking the claim to court can be a long and arduous process that can end in a stalemate. It takes a significant amount of money to run a construction site and the more time that ticks away, the more money is lost.

In Conclusion

Whatever route you take, always remember that both routes will cost you money. An early resolution to the claim is always the best-case scenario. Be sure that you hire the right candidate to handle your claim as he or she will be tasked with essentially handling your finances. Be sure that you go through all your options before you make your decision – and even seek advice from one of the many construction consulting services out there.

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

A dentist can be sued for malpractice if he/she has been negligent. However, if you have been caused harm at your dentist’s hands, you will have to prove your dentist’s negligence under 4 areas. They are as follows; duty, breach, causation and damages. These 4 areas have been briefly explained below.

A dentist’s duty – Your dentist should comply with the standards of care when treating a patient. This is the standard level in which an ordinary, prudent dentist of similar educational background and geographic location would administer care, under similar circumstances.

Breach of duty – If your dentist does not provide you with the care in line with your local standard, he can be sued for breach of duty. However, an unfortunate or unsuccessful result does not always fall under the breach of duty. This is mainly because dentistry is not an exact science and outcomes may differ from person to person. But if your dentist extracted the wrong tooth or caused nerve damage due to administering an injection incorrectly, he/she can definitely be sued. You can also include dental product liability claims, which are products that have been left in a patient’s mouth or body due to substandard procedures.

Proving causation – This means that you should be able to prove that your dentist’s actions have directly caused you harm.

Damages – Damages will include physical (nerve damage, broken teeth), financial (costs associated with correcting your dentist’s mistakes) or non-economic (embarrassment because your smile has been ruined).

To find an experienced Los Angeles dental malpractice lawyer, look online and contact an established law firm.

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Anyone who has experience any of the above should consult a dental malpractice attorney.

 

The police can come and arrest you at your home. However, under the 4^th amendment, there are rights to protect individuals from searches, seizures, and unlawful arrests.

Firstly, it is important to understand the difference between seizures and unlawful arrests. A seizure happens when government agents create a situation where a reasonable person will not feel free to leave an encounter with an agent.

An arrest happens when a policeman takes a person into custody, against their will. This is done usually for purposes of interrogation or criminal prosecution. All arrests in order to be lawful need to adhere to the probable cause requirement. This means that the arrest should be on grounds that there is sufficient knowledge based on trustworthy facts that suggests that the suspect has committed the crime. Law enforcement officials do not need the warrant to arrest someone. However, they will require a warrant to arrest someone in non-emergency situations.

If an official enters your home, they are required to knock and announce their identity, before forcible entry. If this process is not adhered to and an arrest has been made, it can be later found to be unlawful. However, in the case of suspects dealing with drugs, police do not have to follow this procedure. If there are occupants in the home or premises, these occupants can also be detained.