Law Offices of Judy SnyderPortland Lawyer | Law Offices of Judy Snyder | Medical Malpractice2024-03-11T08:56:56Zhttps://www.jdsnyder.com/feed/atom/WordPress/wp-content/uploads/sites/1301627/2020/06/apple-touch-icon-75x75.pngOn Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484462024-03-11T08:56:56Z2024-03-07T09:56:02ZCan harassment be defined?
According to the Equal Employment Opportunity Commission, harassment constitutes “unwelcome conduct” that is based on some particular aspect of a person’s identity. As our readers can probably imagine, that is quite a broad and oftentimes vague definition to apply to any given situation.
A person may have differences with others that are based on age, race, gender, sexual orientation, national identity or even religion, among other factors. But, if harassment is based on one of these factors, it could be a form of discrimination.
So, what kind of conduct actually reaches the level of “harassment”? The EEOC makes it clear that one-time incidents or “petty” slights probably will not rise to the level of harassment for legal purposes.
It seems that the main aspect of conduct that constitutes harassment is conduct that is repeated and serious enough to lead a reasonable person to believe that the workplace environment is becoming hostile, offensive or even intimidating.
Jokes, threats, insults and, of course, physical contact may all be forms of conduct that could be considered harassment.
If you believe you have suffered from harassment in the workplace, you may have legal options to consider. However, these types of claims are notoriously fact-sensitive and can be difficult to prove. Be sure to have your potential claim carefully reviewed.
]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484452024-02-22T21:44:39Z2024-02-22T21:44:39ZDiscrimination
In Oregon, wrongful termination most often stems from discrimination based on protected characteristics such as military status, race, color, sex (or gender identity), religion, national origin, age, disability (physical or mental), color, marital or family status and sexual orientation. If an employee is dismissed on any of these grounds, it constitutes wrongful termination.
Breach of contract
In cases where an employment contract outlines protections against termination and an employer violates these terms, it qualifies as wrongful termination. Breach of contract claims can be a strong basis for legal action.
Retaliation
Another form of wrongful termination occurs through retaliation against employees engaged in legally protected activities. This includes termination after an employee files a complaint regarding workplace discrimination or unsafe working conditions.
Oregon law safeguards whistleblowers. Employees reporting their employers’ illegal activities. Wrongful termination is evident if an employer dismisses an employee in retaliation for blowing the whistle on illicit practices.
Family and Medical Leave Act violations
Wrongful termination can occur when employers dismiss employees for taking leave under the FMLA. The law protects employees who need time off for family or medical reasons, and terminations related to FMLA leave are considered wrongful.
Workers’ Compensation claims
In Oregon, it is illegal to terminate an employee for filing a workers’ compensation claim. If an employer engages in such conduct, it qualifies as wrongful termination, as employees are entitled to pursue workers’ compensation without fear of job loss.
Of course, these are only a few examples of wrongful termination. Employees who suspect they have experienced wrongful termination should explore their legal options.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484442024-02-08T22:15:05Z2024-02-08T22:15:05ZA recent case involving a prominent hotel and bar led to the U.S. Department of Labor telling employees how their rights were being violated. People who receive tips as part of their job should be aware of ways in which they could be subjected to wrongdoing and take steps to ensure they are treated according to the law.
Workers at McMenamins might have been deprived of tips
The Department of Labor investigated the McMenamins hotel and bar chain in Oregon and found that tipped employees were obligated to share tips. This violates the Fair Labor Standards Act. It is believed to have occurred between May of 2019 through October 2022, but the investigation is ongoing to see if it happened at other times.
In the past, many establishments had a policy of pooling tips. Despite it being outlawed, it can still occur with unsuspecting workers losing income because of it. According to its estimates, the DOL believes that around $800,000 might have been kept from McMenamins workers.
To rectify the problem, the DOL contacted the employer to try and get them to pay their employees what they were owed. The employer refused. The DOL can only refer the case to the courts so the workers can be paid.
For its part, McMenamins denies the allegations and asserts that it has adhered to state law saying that the tip pooling was appropriate for employees who are not servers but are working as hosts and in other roles. This case is not one in which the DOL can file a lawsuit, so employees must consider their legal options.
All workers should know their employee rights
Employment law encompasses many areas. In recent years, steps have been taken to try and reduce harassment, protect workers from discrimination, put guardrails in place so workers have the chance to fight back against wrongful termination and make sure workers get their full wages.
Workers are often fearful of losing the job if they speak out or do not even know what can be done to get their rightful wages. The McMenamins case is an example of what can happen in the service industry. Those who believe they were deprived of wages they were supposed to receive should know how to make sure they get what they are owed.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484432024-01-25T19:50:43Z2024-01-25T19:50:43Zdiagnostic errors could occur, resulting in improper or the wrong medical care and treatment.
Diagnostic errors in hospitals
Based on a recent study, it was found that nearly a fourth of hospitalized patients that either died or were later transferred to the ICU experienced a diagnostic error. Furthermore, this study found that in most of these cases, the diagnostic error caused harm.
This new study has not only shed light on the risks patients face while being hospitalized, but it also illustrates how common human errors made in medicine are and how often they harm and even kill patients. It further pointed out that delayed diagnoses and misdiagnoses are far more common than one would think.
What wasn’t established in this study was whether there are certain patients or specific conditions that are more prone to missed or incorrect diagnoses. As such, the study poses the idea that physicians with higher workloads or those caring from certain types of patients might be more likely to make diagnostic errors.
Prevention and legal rights
Thanks to the recent pandemic, critical lessons have been learned when it comes to mounting an effective response. It was found that continued dissemination of both data and patient stories help motivate prevention-oriented behaviors and policies. A solution being studied is termed the diagnostic pause. It is exactly what it sounds like. It requires a clinician to take sort of a timeout to review checklists to ensure any tests weren’t missed or overlooked, consult with colleagues and take an additional look at the patient’s medical history. This process gives the medical provider time to think and reduce the chances of diagnostic errors.
A diagnostic error is an unfortunate event for any patient, especially when it causes harm or even their death. As such, it is important to be aware of your rights when it comes to filing a medical malpractice action. A legal professional can help you better understand this civil suit as well as the damages and losses you could recover.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484412024-01-12T21:58:13Z2024-01-11T21:41:25ZWrongful termination
Common examples of wrongful termination involve unlawful discrimination, retaliation and public policy violations. If an employee is terminated because of their race, religion, sex, disability or other protected characteristic, the firing may violate laws against discrimination.
Retaliatory termination is also all too common. An employee cannot legally be terminated for reporting illegal activities in the workplace, harassment, discrimination or for other protected reasons.
Breach of contract
If you have an employment contract, you may have a claim for wrongful termination if your termination violated the contract, also called breach of contract. For example, your contract may outline certain reasons under which you can be terminated. If you are terminated outside of those reasons, you may have a claim.
The contract may also require that you are given a set amount of notice before the termination. If you do not receive this notice or were not paid instead of receiving the notice, it may be wrongful termination.
Also, some employment contracts require that the employer follows several steps before an employee is terminated. These may include giving the employee a warning, an opportunity to complete a performance improvement plan, or in some cases, offering the employee a different position within the company before being terminated.
If your employment law claim is successful, you may receive compensation or other damages from your employer.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484402023-12-29T08:59:43Z2023-12-29T08:59:43ZHowever, what happens in the event of an injury sustained while utilizing local public transportation?
The risks of public transportation injuries
Public transportation injuries can happen in various ways and for various reasons, just like any other vehicle on the road. Some of the common causes of public transportation injuries are collisions, sudden stops, hard turns, uneven surfaces, slip and falls, etc.
And, the consequences can be serious, even fatal. Indeed, according to the Portland Bureau of Transportation, 11 people died in accidents that involved public transportation in 2021.
Statute of limitations
If you are injured while using public transportation in Portland, you may face some challenges when seeking compensation for your damages. The first is the statute of limitations. Unlike regular personal injury claims, which have a 2-year statute of limitations in Oregon, public transportation injury claims have a shorter deadline of 180 days.
Sovereign immunity
The next issue is sovereign immunity. Public entities are generally immune from liability for their actions or omissions, unless they waive their immunity by law. In Oregon, public entities are liable for their torts under the Oregon Tort Claims Act, but only up to certain limits.
Comparative negligence
Finally, there is the issue of comparative negligence. Oregon follows the modified comparative negligence rule. This means that your recovery may be reduced by your percentage of fault for your injury. And, if you are found to be more than 50% at fault, you may be barred from recovering anything at all.
Public transportation injuries can be devastating and challenging to deal with. And, fighting for your civil justice can be complicated. However, this does not mean you should not do it. Always protect your rights.
]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484382023-12-18T19:53:39Z2023-12-13T19:48:22Z
Is the rule even legal in the first place? Workplace policies cannot violate the rights an employee has under federal or Oregon law. Specifically, rules cannot violate anti-discrimination laws.
How did the employer document and explain the rule? Did the employer list the possible consequences, including termination?
How consistently does the employer enforce the rule? For example, did the previous person who violated the rule get to keep their job?
All things considered, does the punishment really fit the violation?
Claims that an employee violated a rule are sometimes excuses
While it is relatively easy for a business to claim a worker broke a rule, the answers to the questions above may uncover that an alleged policy violation is just a cover for an unlawful termination.
After all, very few companies come out and say that they are firing an employee for illegal reasons. It is too common for an employer to try to create a paper trail that, after the fact, makes an improper firing look legitimate.
A resident of the greater Portland area fired for allegedly violating a workplace rule of policy may have legal options. They should make sure they understand their rights before signing a severance agreement or just assuming that nothing can be done.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484372023-12-06T20:23:29Z2023-11-29T20:22:03ZFatal birth injuries
Medical errors made during a woman’s pregnancy or during the labor and delivery of her child could result in the death of the infant, mother or both. As such, it is important to understand what a fatal birth injury looks like, how it occurred and what could be done following the death of an infant or mother.
Medical malpractice in these matters occurs when medical professionals fail to keep a pregnant woman and her baby safe during pregnancy and birth. Medical providers are required to meet a hire standard of care, which is considered when assessing negligence and errors made.
In the delivery room, negligence and errors could lead to death. This could include the failure to order an emergency c-section, overlooking fetal distress, improper force during delivery, the misuse of a vacuum extractor or forceps, failure to treat conditions and not treating maternal infections.
Civil suits
A wrongful death suit is available after medical malpractice errors are made, leading to the death of an infant or mother. This applies when the death occurs during delivery or after birth. When filing this suit, a loved one must show that a medical professional’s mistake led to the death of an infant, the pregnant mother or both.
A wrongful death suit is not an easy process to initiate or navigate. You are likely overwhelmed with grief and the stress of loss and financial damages. As such, a legal professional can help you better understand the process and your options so you do not need to go through this difficult time alone.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484322023-11-27T16:37:22Z2023-11-13T16:34:57ZAutomobile collisions
At the Law Offices of Judy Snyder, our legal team understands nothing brings devastation to your holiday celebration like an automobile collision. This is why our law firm works diligently to address the injuries, harms and damages suffered in a crash.
While motor vehicle crashes are frequently seen on the roads, they are not a simple everyday part of life. They can be complex and tragic events that result in destruction and life-threatening injuries. Thus, our law firm is focused on establishing cause and liability so you can get answers while ensuring you get the medical treatment and compensation you deserve.
Civil action
Following a car crash, you can file a civil action to recover compensation and hold the driver responsible for the crash liable for the damages and losses suffered. A personal injury action can help an injured victim in their pursuit.
Through evidence and documentation, the cause of the crash can be established. This can help prove negligence, liability and harms suffered. And with a proper calculation of all past, current and future damages, a personal injury claim can help a victim recover the compensation owed to them.
A car accident is a scary and overwhelming experience that is likely to cause physical, mental and financial harm. It can be challenging to navigate a legal action on your own. With legal guidance, you can gain a better understanding of your options and legal rights.]]>On Behalf of Law Offices of Judy Snyderhttps://www.jdsnyder.com/?p=484312023-11-13T18:30:19Z2023-10-30T17:29:21Zbirth injuries are more common than others. These injuries include, for example: fractures at the baby’s shoulder area, such as the collarbone or clavicle; nerve injuries to the baby’s face; bleeding under cranial bones from pressure on the baby’s skull; and other swelling or bruising to the baby’s head. These, of course, are just a few examples. The birthing process is a major medical event and, as a result, many things could go wrong.
Is it malpractice?
But, how do these types of injuries occur? And, if they do occur, are the injuries due to medical malpractice? The answer to these questions can be difficult to discern. There are many different causes for birth injuries. Some examples are: the baby being very large at birth; premature birth; a long and difficult labor process; and, of course, C-section delivery complications. There are many other potential causes for birth injuries as well.
When a doctor or other healthcare professional makes errors during the birthing process, that could lead to a valid medical malpractice claim. There are many different steps in the process where mistakes could be made. But, it can be difficult to determine when and where these mistakes occurred and if, due to the mistakes, a newborn baby is injured. If you and your family are facing this type of difficult situation, be sure to have your potential claim carefully scrutinized.]]>