Whydir Admin
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- By Whydir Admin
- Published 06/9/2007
- News Articles , Free Articles
One of the ways that scientists and researchers are able to keep track of oil deposits and oil drilling is to map oil production around the world.
The top ten countries in worldwide oil production are Saudi Arabia, Russia, the United States, Iran, China, Mexico, Norway, Canada, Venezuela and the United Arab Emirates.
When we look at the planet we live it is becomes obvious why sixty percent of our gas and oil needs are being met by offshore oil production.
With clearly over 912 domain names so far, I should be able to save you plenty of registrar headaches for your e-commerce start!
The simple and yet effective way to get more and more business from established customers. Come on! How difficult can it be?
While very few of us think to check the current rate of crude oil prices, the fact of the matter is that every change in the cost of crude oil makes an impact on our lives.
You wish for more money and yet think that earning more money is difficult? Well, you may not know what you are missing.
Everywhere we look, we see the businesses such as restaurants, bars, and casinos, that theme their uniform style to match their business' atmosphere. That's all well and good, but sometimes you might think that the uniform styles out there are a little homogenized.
Fear is a contrast felling of courage. What is the relationship with these two feelings and Internet marketing?
The simple free way to know where exactly is the business owner coming from and how to know where that contact list is being offered.
There are many books on the attributes or habits of highly successful people. Here are 6 that are great to follow and practice on a daily basis
Articles are a little known way to generate massive amounts of traffic. This is one key way that is low cost and easy to do.
You have to pay attention to details when writing good copy. It takes more that spell check to get your message right.
This article will teach carpet cleaners the benefits of advertising in their local newspaper. Insider tips are given on why newspaper is a great media for cleaners.
If you are looking into selling items on eBay, then you should think, first of all, about how serious you really want your sales to get.
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- By Whydir Admin
- Published 06/9/2007
- Free Articles
Home Based Business Legal Issues
- By Whydir Admin
- Published 06/10/2007
- Law Articles
A real home based Internet business has to comply with the same legal regulations as an Internet business from any other location. Here are the basic legal issues with which a real home based Internet business owner must be familiar.
The first issue, and a real concern for any home based Internet business is the restriction based on age. The U.S. Federal Trade Commission (FTC) follows the regulations spelled out in COPPA, the Children's Online Privacy Protection Act, and requires that children under the age of 13 cannot disclose their personal information unless a parent consents to it. Children under the age of 18 cannot be allowed to view adult content on the Internet, nor can they enter into any contract.
Real time occurrences on the Web, such as chats, must be controlled by the home based Internet business owner. Bulletin boards would have the same control issues. The rules of using each should solicit and retain the consent of each online user to refrain from posting pornography, defamatory material or anything that infringes on others' rights. Your company should also clearly state on its site that you are not liable for other users that commit to following your policies and guidelines but subsequently violating them.
To make real your ownership of all property and content on your home based business Internet site you'll need a copyright notice on the site's footer. The notice should have the date and your name and the statement "All rights reserved." A real copy of your home based business Internet site should be field with the U.S. copyright office. This will effectively record ownership of the contents of the site, as well as its look and its feel.
Your site's domain name is an important part of the branding and marketing for your Internet business. It is best to tie that domain name as closely as possible to your logo, your brand and your business name. Carefully choose a domain name that clearly conveys the products or services of your real home based Internet business. Register your domain name as a trademark and you can retain ownership should it be challenged by another business.
If your site is on the World Wide Web then you must comply with export regulations. If you sell goods over the Internet to these global consumers then you are exporting items for sale and entering into international countries. If your site is encrypted then you are exporting to other countries U.S. Department of Commerce and Defense technology. There are many U.S. federal agencies that have regulations in force for doing business with other countries, and the times and circumstances that require a firm to get an export license to send information, technology or goods abroad.
There are countries with whom business transactions are limited severely for U.S. firms. These countries are Cuba, Iran, Iraq, North Korea, Syria and Yugoslavia. The best decision about the real problems you might encounter for your home based Internet business doing business with these countries and/ or its residents should be made with your attorney.
Source: http://www.entrepreneur.com/ebusiness/operations/article60918.html
Author Resource:- Larry Bregman is a webmaster and an online entrepreneur with easy to start home business opportunities that can generate extra income.
Visit my website at http://www.topprofit.net for details.
Article From Free Articles, Health Articles, Science Articles, News Articles, Business Articles
Acne Treatment
- By Whydir Admin
- Published 06/15/2007
- Health Articles
- Acne Skin Treatment Melasma, Freckles and Age Spots Gone By:-Ian Reygan
Acne Skin Care teatment ,How to Get Rid Of Acne ,Banish Melasma and Get Rid of Age Spots and Freckles
- Is An Acne Cure Out There? By:-Riley Hendersen
While the prospect of actually having to take time to find an acne cure likely won't please those in the throes of a major breakout, there is hope. The variety of different proven treatments is rather spectacular. With a little effort, it is more than possible for most acne sufferers to find one that helps them out at least a little if not a whole lot.
- How To Make Natural Treatments For Pimples Work For You By:-Helen Hecker
Many sufferers will try just one acne treatment and if it doesn't deliver they give up.
- How To Turn Dry Skin Into Beautiful Skin Naturally By:-Helen Hecker
It's easy to treat dry skin cheaply, simply, naturally and effectively at home and turn it into beautiful skin.
- Adult Acne Is A Real Concern For Many By:-Riley Hendersen
Many teenagers endure the agony that is acne with one thought in mind: Someday it will go away. While this is true for many, the reality is this condition can reappear later in life. For about a quarter of the male population and half the female, adult acne is an unwelcome reminder of adolescence. According to many physicians, adult acne is a fairly common occurrence.
- Make Pimples Go Away Forever - Naturally By:-Helen Hecker
Natural treatment methods are cheaper and always a better choice for acne due to less exposure to drugs and chemical-laden pimple or acne products.
- How to get Rid of Pimples Quickly By:-Andrew Bicknell
The best plan of action if you have to get rid of your pimples quickly is to actually hide their presence while the body naturally deals with the problem. Here are a few tips to help hide or conceal pimples
- Finding the Right Acne and Dry Skin Treatment By:-Ian Reygan
Are You Tired of Looking For the Suitable Remedy for Acne Or Dry Combination Skin?
- Use These 7 Acne Skin Care Tips To Ensure Healthy Skin By:-Riley Hendersen
There's an old saying that people should take care of the skin they're in. While this absolutely correct, those who suffer from acne might have a harder time of it. Handling skin that's prone to break outs, blemishes and even scarring can present challenges, to say the least. There are some solid acne skin care tips that can help.
- The Amazing Natural Solution For Acne By:-Helen Hecker
While it's easy to find acne treatments, finding the just the right treatment or treatment product for you is what's important.
- Getting Rid of Acne Scars By:-Ian Reygan
New information on How to Get Rid of Acne Scars
- Treating Pimples With Coconut Oil And Other Natural Remedies By:-Helen Hecker
Living with pimples and acne can be very difficult, and even more difficult to find just the right treatment for you.
- From Acne To Acne Scars: How To Prevent By:-John Porter
How to precent acne scars.
- Simple Cleansing Ways To Remain Acne-Free By:-John Porter
Article discusses some cleansing strategies to keep acne from popping up.
- Can Acne Lead To Mental Disorder By:-John Porter
This article Discusses whether or not acne can lead to a mental disorder
Alternative Medicine
- By Whydir Admin
- Published 06/18/2007
- Health Articles
Honeysuckle, Goldenseal, Aromatherapy, Reiki, Alternative Medicine
Convenience With A Walk In Bath Tub By:-Mayoor Patel
A walk in bath tub is fast becoming a trend nowadays. Personal hygiene has taken the next step to include personal relaxation, convenience and satisfaction as well. Most high-end homes now include a walk in bath area in addition to the original bath tub area. It provides therapy for people and helps in eliminating various sickness and emotional imbalances. It does this by a mixture of aromatherapy and hyrotherapy oils and accessories.
People may think that the walk in area is primarily designed like a personal washroom, but the amenities or accessories that can be found inside a walk in bath area can include a sink for washing, and the usual toilet and bath accessories and toiletries.
Homeowners can easily build their own walk in bath area. Since it is more of a personal haven, they can start with the required ambience that they need. Putting an assortment of candles, essences, oils and flowers inside the bath area can help make the room appear very welcoming. Likewise, the aromatherapy needs of the homeowner is readily achieved. The mixture of scents within the room will be helpful to the health of the homeowner. Aside from the design, the homeowner must also not forget to add provisions for safety such as safety ramps and support bars.
Honeysuckle: An Ancient Healing Favorite By:-Scott Meyers
Honeysuckle is one of the oldest medicinal herbs in known history. Sometimes referred to as woodbine, European honeysuckle was once used widely to treat urinary complaints, asthma, and during childbirth. In traditional Chinese medicine, honeysuckle has been used medicinally for millenia. The first known reference to the honeysuckle plant as a medicinal plant is in the Tan Ben Cao that was written in A.D. 659. In traditional Chinese medicine, honeysuckle is considered one of the most important herbs for releasing poisons from the body and clearing heat from the body.
There are three main parts of the honeysuckle plant that are used medicinally: the flowers, the flower buds, and the stems.
The flowers are traditionally used to make syrup that has been used as an expectorant for bad coughs, asthma, and as a diuretic. The syrup from honeysuckle flowers is still used to make medicinal syrup. The flowers of the honeysuckle plant should be harvested in the summer time.
The flower buds of the honeysuckle plant are also used to make herbal remedies. In traditional Chinese medicine, the flower buds are very important. They are called jin yin hua and are used widely to treat feverish conditions. They are especially used to treat conditions that are thought to be caused by the summer heat. They are also thought to clear toxins from the body, and the "fire poisons" that may linger in the body. In traditional Chinese medicine, fire poisons are thought to be responsible for many conditions, including boils and dysentery.
Goldenseal: A Traditional Native American Herb with Many Uses By:-Scott Meyers
Goldenseal, Latin name Hydrastis canadensis, is one of the most popular herbs used in herbal remedies today. Goldenseal has traditionally operated as a traditional healing herb of Native Americans, but it has entered the European herbal cabinet with of late.
Traditionally, the Cherokee used goldenseal as an herbal treatment for indigestion, local inflammations, and to improve appetite. The Iroquois used Goldenseal to treat heart problems, liver disorders, whooping cough and to treat fevers.
Goldenseal reached European shores by 1760. During the nineteenth century, Goldenseal had become a popular favorite with practitioners of the Eclectic and Thomsonian schools of medicine. In 1926, Goldenseal was included in the list of United States medicinal ingredients in the Pharmacopoeia.
The character of Goldenseal has alternately been described as bitter, dry, astringent, and cold. The plants constituents are described as resins, volatile oils, and alkaloids. Herbalists traditionally describe the actions of Goldenseal as astringent, a digestive and bile stimulant, a tonic, and a laxative. Goldenseal has also been used to reduce phlegm, to heal gastric mucous membranes, and to raise blood pressure.
The part of the Goldenseal plant that is most commonly used is the rhizome. The rhizome is traditionally harvested in the fall, and it is the main ingredient in many herbal remedies. Many traditional herbalists recommend the rhizome of the Goldenseal plant as an excellent drying and mucus-reducing remedy that works well for the gastric, upper respiratory tract. It is also used for the vaginal mucous membranes. The rhizome of the Goldenseal plant is also used to treat conditions involving the spastic colon (mucous colitis), nasal inflammations, and ear infections.
A Beginner's Guide to Aromatherapy By:-Susie Cortright
grabbing hold of a phenomenon that insects and animals instinctively understand: the power of aroma.
Scientists pursue aromachology (the study of scent and its ability to change human behavior) for its role in everything from medicine to marketing, migraines to memory loss, and relaxation to revitalization.
A Brief History of Aromatherapy
The ancestry of aromatherapy goes back some 4,000 years. Ancient Egyptians used aromatic botanicals for massage, embalming, medicine, and cosmetics.
Hippocrates himself might have been the first aromatherapy spokesman 2,000 years ago, as he touted the benefits of aromatic massage for physical and emotional well being.
In the 10th century, the Arabian world invented the process of distillation, which allowed more efficient extraction of essential oils.
For centuries, cultures around the globe inhaled aromas, drank potions, and wore aromatic amulets to protect them from harm.
In the early 1900s, France and England attempted to reintroduce these ancient remedies and help them gain acceptance in the more traditional medical community.
This trend continues in France today. Many French doctors prescribe aromatic remedies, pharmacies stock essential oils, and insurance companies pay for the treatment.
The Sacral Chakra in Reiki By:-Scott Meyers
The sacral chakra is an area on the body that is located between the upper parts of the sacrum. This chakra is important in communicating and opening to universal energies, as well as helping with healing in Reiki. Because of these properties, people use the sacral chakra as a way to help with healing. There are several ways in which a Reiki practitioner will open this chakra so that universal energies can be moved and communicated through the body.
The sacral chakra is also known as the cross center. It is known to hold emotions, sexual energies and creative energy. If one is strong in this chakra center, then they will have an easier time with out of body experiences. Because of this, it is important to make sure that this chakra is not blocked and is able to exchange with universal energies.
The sacral chakra has the characteristics of creative energies as its main function. This is usually developed between the ages of 7 and 14. Many will attribute this chakra with the sense of taste as well. It is known in Eastern tradition as the six petal lotus, which is connected to the element of earth. If this chakra is blocked, there will be an inability for things to physically, mentally and emotionally.
When a Reiki practitioner begins to heal this area, they will place their hands by the sacrum. This may be done either on the front or the back of the person. With females, they will unblock this area by rotating to the right. With males, they will spin to the left in order to clear the area. This is known to not only clear this area, but also to help with reproductive glands or the prostate. Some will choose to associate certain attunements and mantras with this as well.
Detoxify and Improve Concentration
Research on the Benefits of Reflexology
Evolution
- By Whydir Admin
- Published 06/19/2007
- Science Articles
Adjustable Rate Mortgage
- By Whydir Admin
- Published 06/21/2007
- Finance Articles
How Do Adjustable Rate Mortgages Work? by Copyright ©2007 Carl DiNello
An ARM, or adjustable rate mortgage, is a mortgage financing option that comes with an interest rate that fluctuates over time. Normally, the interest rate will adjust once every six or twelve months. However, there are mortgages of this type that may change more frequently.
The mortgage interest rate for an ARM is linked to an index such as the one-year US Treasury bill, or The London Interbank Offered Rate Index (LIBOR). When the interest rate of the linked index raises or lowers, so will the interest rate of the adjustable rate mortgage.
How does this affect the borrower? This means that the monthly mortgage payment will also rise and fall right along with the interest rate of the index. This fluctuation can cause serious problems for the borrower. Many borrowers cannot afford to live with the uncertainty of changing payments. Should the borrower have chosen the ARM in order to qualify for an affordable mortgage, what happens if the interest rate shoots up? Should the increased payments become too much, the borrower may find themselves being forced to sell their home.
If interest rates were to go down however, the monthly mortgage payment may decrease considerably. The borrower can now enjoy the benefit of a lower interest rate and mortgage payment without having to refinance.
The most appealing benefit to an adjustable rate mortgage is the lower beginning interest rate when compared to a fixed rate mortgage. This means that the borrower can receive more money while maintaining the same monthly payment. More money translates into more house. Very appealing! Of course, should interest rates raise considerably the borrower may find themselves no longer able to make the higher payments.
Lenders are willing to offer a lower rate on ARMs because the borrower accepts the added risk associated with an adjustable rate. The borrower must read the loan documents very carefully and completely understand how much the interest rate can rise. Ideally, a borrower would like the ARM to contain a Periodic Rate Cap, a Lifetime Rate Cap, and the option to refinance to a fixed rate at any time during the lone term.
What is a Periodic Rate Cap? The Periodic Rate Cap will limit how much your interest rate can increase in any one cycle. For example, should your interest rate be adjusted annually and your Periodic Rate Cap is 2 percent, then even if interest rates were to rise by 3.5 percent, your mortgage rate could only be increased by 2 percent each year.
What is a Lifetime Rate Cap? This type of cap sets a maximum limit on how high the interest rate can be raised during the life of the mortgage loan. For example, should you take out a mortgage at 6.25 percent with a lifetime cap of 6 percent, the highest your rate could ever go would be 12.25 percent.
By today's standards that may seem to be a very high rate. However, in the early 1980's interest rates were as high as 16 percent. Should the economy cause that to happen again, a borrower with a mortgage loan like the one used in our example would be in good shape because their interest rate could only go as high as 12.25 percent.
Usually, the initial rate offered in an adjustable rate mortgage remains fixed for a set number of years before beginning to adjust. The period may be anywhere from two to seven years.
This is a great advantage to homeowners who plan to stay in their home for only a short time before moving. They are in the position where they can enjoy the benefits of the lower "teaser rate", that results in a lower mortgage payment, and then sell the house before the interest rates have a chance to rise.
About the Author
Carl DiNello is an Article Author and Wesbite Owner whose articles are featured on websites covering the Internets most popular topics.
To read more on this topic, please visit Finance Information!
You may republish this article on your website, or e-zine so long as none of the content, or author information has been edited or changed in any way, and all links are left
Technical Analysis
- By Whydir Admin
- Published 06/21/2007
- Finance Articles
Understanding Technical Analysis Part One by Adam Heist
Charts are important tools used in making a technical analysis of the stock market. Though the fluctuations are marked daily on the charts, for an untrained eye it could be a bit of time before it would be able to fully understand the implications of the variations in the charts from one day to another. Candlestick charts could be very confusing at the outset, mostly because the number of indicator shapes in use is about twenty in number. However, once the person is well-familiarized with the charts, he/she would be in a better position to predict the price movements precisely.
Patterns are something that a technical analyst needs to understand fully well. These go a long way in helping to predict market trends. The analyst will often encounter the Cup and Handle pattern, in which the prices would begin at a high, reach a low level and then begin to rise again, forming a pattern much like a cup. If the cup levels out for a while before rising, then that region is known as a handle on the pattern. Those investors who buy at the handle are buying at the time when the prices are predicted to break out higher. So they stand making very good profits.
One more interesting pattern is the Head and Shoulders. This pattern consists of three peaks - the first is a tiny bump-like peak, followed by a big peak and then another tiny peak. It looks like a head surrounded by two shoulders. This pattern is not a good pattern to invest in. It is indicative of a bearish pattern, which is likely to dip more after the second peak.
Apart from the patterns there are several indicators that an analyst must be aware of. The four most important kinds of indicators are the moving average indicator, relative strength index, money flow index and the Bollinger bands.
1. Moving Average Indicator - This is the most commonly used indicator which shows the average price of a stock over a period of time. It works like an average. Suppose the moving average indicator is for thirty days, then the closing prices of the thirty days must be added and then divided by thirty. Commonly used periods are twenty, thirty, fifty, hundred and two hundred days. More the number of days considered, more stable is the index. Representation of the moving average indicator is done with a line graph. When the price falls below the line, it tends to keep on falling; but if it rises above the graph, then it tends to keep on rising.
2. Relative Strength Index - This index compares the number of days the prices are up with the number of days the prices are down. The average of the number of up days is divided with the average of the number of down days. 1 is added to the number obtained, and then it is divided from 100, and then 100 is subtracted from it. The number so obtained is the relative strength index. The relative strength index is calculated from smaller time spans, such as for 9 or 15 days. Relative strength indices range from 0 to 100. If this index goes below 30, then it may be a good time to buy as the stocks could be overbought. Bullish or bearish nature of markets has a strong influence on whether this index would be of any use or not.
3. Money Flow Index - This index is calculation from the number of shares that are traded as well as the prices they are traded for. Again this is a number from 0 to 100, with 70 being the point above which the stock must be sold, and 30 being the point below which the stock must be bought.
4. Bollinger Bands - The very popular Bollinger bands are actually a set of three horizontal lines. Actually only the upper and lower lines are of relevance. If these lines are far apart, it means that the market is volatile and prices could change with rapidity. But if the bands are closer, then the market is stable. If the prices are moving closer to the lower band, then the stock is oversold and the prices will rise. The opposite case happens if the prices are moving closer to the upper band. Bollinger bands are not often used as independent indicators. They are used in conjunction with other indicators as a sort of confirmation.
About the Author
Adam Heist is the owner of the loan website. At their website, you can learn more about Homeowner
Loan
as well as many other things relating to the industry. We encourage you to visit our site today and see what we have. Also check Homeowner Loans for additional informaiton.
Copyright Law
- By Whydir Admin
- Published 06/22/2007
- Law Articles
How To Avoid Copyright Infringement by Brian Scott
Copyright infringement is not an easy thing to explain. While it may seem as simple as not using someone else's work, it's not that easy. Thanks to the Electronic Frontier Foundation, and many other organizations, we have the ability to use others' works -- as long as we use it under Fair Use laws. So what does Fair Use have to do with copyright infringement, and how can you utilize it?
Fair Use laws allow us to use a copyrighted work without having to pay someone royalties. This includes using a copyrighted work for educational or instructional uses, criticism of the work, commentaries on the work, news reporting about the work, teaching on the work (including multiple copies for classroom use), scholarship uses, and research. This is talked about fully in Section 107 of the Copyright Code (commonly called Fair Use) and is available for you to read at your local library.
Copyright Infringement in day-to-day life
Sometimes, if you're writing a paper for work or school, or if you are creating a Power Point presentation, you need to use someone's work that is already in copyright. So how do you use it without committing copyright infringement? All you have to do is ask -- the worst they can say is no, right? But, if they do say no, there are several items in the public domain which may help you to finish your project without having to commit copyright infringement.
What is the public domain, and how does it relate to copyright infringement?
Material that is not copyrighted is considered in the public domain. You cannot commit copyright infringement on works in the public domain. These works include things that the copyright has expired on, or is not copyrightable -- such as government publications, jokes, titles, and ideas. Some creators (writers, musicians, artists, and more) deliberately put their work in the public domain, without ever obtaining copyright, by providing an affiliation with Creative Commons. Creative Commons allows people who create materials to forfeit some, or all, of their copyright rights and place their work either partially or fully in the public domain.
So, how do I ensure I'm not committing copyright infringement?
First of all, if you're going to use someone else's material, you may want to check the public domain to see if something is suitable for use, instead of trying to use someone else's copyright. However, if you can't find something suitable (and you can't create something yourself), the next best thing (and your only legal course of action) is to find a piece that is in copyright, and contacting the copyright holder.
When you contact the copyright holder, make sure you tell them what you want to use their piece for -- whether it's for your blog, podcast, or report -- and ask if you can use it. You may have to pay royalties, or an attribution in your piece, or a combination of both. The creator may also place many limitations on when and how you can use their material. Follow all these instructions they give you, and you'll be free and clear to use their work as you want.
Once you have permission to use a copyrighted work, you need to make sure you stay within the agreed-upon boundaries. If you veer outside their agreed terms, you may open yourself up for a copyright infringement lawsuit, which can be nasty, costly, and time consuming. If you're in doubt, before contacting the copyright holder, contact a copyright lawyer to ensure you're following the law -- and protect yourself!
QUESTION: If you hear a great new band, and then download a song from MySpace, is that legal or not?
ANSWER: The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. If you download a song -- no matter if you're on a website or a MySpace page -- and it isn't coming from the artist themselves, you may want to think about downloading it. Chances are, if it's not coming from them, you can't have it -- unless it is under a Creative Commons License. Creative Commons gives the exact ways in which you can use the license -- and many times those are completely free and legal to download, so make sure you check if it's under a CC License.
QUESTION: If I'm writing a paper, or article, and I want to quote another website, can I?
ANSWER: First of all, did you know the minute you write or create something, you hold the copyright to it? ESPECIALLY if you're writing it online -- it's very easy to track things on the Internet. So, if you're writing a blog, all the things you've written (no matter good or bad) are recorded, thanks to Archive.org, which lets you review last versions of your web pages.
Sometimes, we can use someone else's work in our own, and think we're small and anonymous. That no one will notice by the time you get it down -- you're just "borrowing" it. Before you begin quoting anyone's website -- from CNN to your local neighborhood hardware store -- you need to ask the person who holds the copyright if you can. Usually, they'll let you if you attribute to them. Depending who you talk to, you'll either have to pay royalties or license rights to republish. If you don't ask before you quote, you're beginning the events of copyright infringement and you are opening yourself up for a lawsuit.
About the Author
Brian Scott is a freelance journalist who covers copyright law for www.ResearchCopyright.com. Download his free e-book, "Copyright Basics" at ResearchCopyright.com.
Medical Malpractice
- By Whydir Admin
- Published 06/22/2007
- Law Articles
The Who, What, Why, When and How of Medical Malpractice Cases in Virginia by Lauren M. Ellerman
You can define "Medical Malpractice," can't you? You may know what it means, but I would be surprised if you have actually considered how to file a med mal claim. This article briefly outlines what Medical Malpractice means in Virginia, from the letter of the law, to the process families undergo when filing a Medical Malpractice Claim. Please note, the laws are often being changed, so always consult an attorney about your specific case, AS SOON AS POSSIBLE.
Definition Under Virginia law, Medical Malpractice means "any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient. Put simply, medical malpractice claims arise from health care worker / patient relationships, where the patient experiences damages (physical and/or financial), as a result of the health care provider's negligence.
Clearly, you know who your doctor is, but who is included in the legal definition of "health care provider?" Virginia case law has frequently defined who is, and who is not a health care provider. For example, a physician with an expired license is not a health care provider and is therefore not covered by the laws in the Virginia Medical Malpractice Act. A laboratory is not likely considered a health care provider. A nurse however, is a health care provider. A nursing home is also a health care provider. Tell your attorneys who you believe was involved, and allow them to do the research to determine whether or not your case is technically a medical malpractice claim.
Statute of Limitations
Claim for an Adult In Virginia, most personal injury actions against health care providers must be filed with the Court within two years of the date of the negligence.
In a case involving a foreign object (surgical sponges, needles, etc.), you have the two-year limitations from the date of negligence, or "a period of one year from the date the object is discovered or reasonably should have been discovered" - whichever period of time is longer.
In Virginia, under limited circumstances, you may be able to file a medical malpractice claim after the two year statute of limitations under what is called the continuing treatment doctrine. This rule is very complicated, and not a sure bet - so as previously stated, speak with an attorney as soon as possible to allow sufficient time to investigate and possibly file your claim.
Claim for a Minor The rules for children are different. If you are under the age of 18, you are deemed to be a minor in Virginia. If the parent or guardian of a minor wants to file a claim for damage to property (their child being the property), the parent or guardian has five years after the damage, to bring the suit. You will not be able to recover anything but the actual damages or medical bills.
To bring a medical malpractice claim for damage sustained by a minor, it gets even more confusing. Virginia law provides that if the child is less than 8 years old at the time of the injury, they have until their 10th birthday to bring the claim. If the child was older than ten at the time of the negligence, they have two years from that date to file the action.
Virginia Code §8.01-229 states that if one is under a disability (which includes under the age of 18), they have until they are 18 to bring the claim. Please note, the Virginia Supreme Court recently held in medical malpractice cases, it is not until you are 18, plus two years - it is until they are 18 and then the statute expires.
The moral of the story is - with a possible malpractice claim involving a child - call an attorney immediately to find out when your cause of action must be filed.
Wrongful Death Claim If the negligence of the health care provider caused the death of your loved one and you want to file suit, the claim is called a wrongful death claim. Virginia Code §8.01-244 states that such "action shall be brought by the personal representative of the decedent within two years after the death of the injured person."
What is the process of filing a malpractice claim?
Investigating / Reviewing Records Every attorney who is approached about a medical malpractice case will first need to review the relevant medical records. In our office, we prefer the family request these records so the facility or doctor is not made aware of attorney involvement. Once the records are requested, a doctor or hospital has 3 days to produce the records to the family. Under federal law, a nursing home must produce requested records within 2 business days. The hospital, doctor, or nursing home is allowed to charge a reasonable copying fee.
Once you get the records, the attorney, staff or a third party will review the records for the attorney. The purpose of the review is to make sure all the records are present and that the records reflect the events as told to the family, etc. It will take most law offices 2-4 weeks to review the records and decide whether it is a case worth investigating.
Expert Review If your attorneys believe the case is worthy of further investigation, after reviewing the medical records, they will seek an expert review of the case. An expert is basically a licensed physician who practices medicine in the same field, or specialty, as the health care provider you believe acted negligently.
In Virginia, an expert is required in almost all cases to establish what the health care provider did wrong or should have done. A second expert may be necessary to establish that the defendant health care provider's negligence caused the damages suffered by you or your loved one. And you just can't hire any doctor - your expert must meet a certain set of standards established by Virginia Courts, which includes an understanding of the state wide standard of care, in addition to sufficient knowledge skill and experience. Typically, your attorney will find the experts for you.
Experts are not cheap! Typically an expert will charge $300-$400 an hour to review a case. They may increase their fees for court time and depositions. Experts will be the largest cost in any malpractice case. Paying the experts falls upon the family. Because attorneys are prohibited from forwarding money to their clients in Virginia, law firms will require families to pay a cash retainer to the law firm, so the firm can pay the experts for their review and time.
Certification If the expert believes malpractice occurred, they will have to certify their opinion in writing. This is a new requirement in Virginia. Virginia Code § 8.01-20.1 and Virginia Code §8.01-50.1 require in all medical malpractice and wrongful death actions a written opinion signed by the expert, that the defendant has deviated from the applicable standard of care and the deviation was a proximate cause of the injuries/death.
Filing Suit/Arbitration From start to end, a lawsuit in Virginia State Courts could take 1-2 years.
If your expert has certified the case, the next step is filing the lawsuit. Now, a medical malpractice case in Virginia is called a COMPLAINT. The Complaint will be drafted by your attorney and will include a list of the relevant facts and allegations of negligence. It will be filed in the City or County Court where the negligent treatment occurred, or where the patient lived at the time of the treatment. After it is filed, it will be served on the defendants. This usually means a Sheriff will deliver the document and the defendant then has less than 1 month to respond to the lawsuit.
Please note - not everyone will have the opportunity to have a jury hear their claim in Court. Many health care contracts ask patients to waive their rights to a jury trial and agree to submit all disputes to arbitration. WE STRONGLY ADVISE AGAINST ALL ABRITRATION AGREEMENTS FOR MANY REASONS. See March / August 2006 articles on http://legalmedicine.blogspot.com/
If, however, you have signed an Arbitration Agreement, you have at least sixty days after the termination of health care to revoke the agreement. If such termination is by death or if death occurs within sixty days after termination, you will have a period of at least sixty days after the appointment and qualification of the guardian, conservator or committee or personal representative to revoke the arbitration agreement.
Written Discovery After the lawsuit is filed, both sides will issue what is called written discovery. Written discovery is where lawyers on both sides request documents and answers to questions under oath. These questions and answers become the building blocks of the case and will often consume many months of the case.
Depositions In addition to written discovery, both sides are given the opportunity to question their opponents' witnesses and clients under oath. Plaintiffs will almost always be deposed, as well as various employees of the defendant, other treating physicians, and experts. Depositions are usually held in an attorney's office, with both attorneys, a court reporter, and other witnesses present.
Settlement If the clients agree, the attorneys on both sides can enter into settlement negotiations in an attempt to resolve the case before it goes to trial. With trial, there is always a chance that the jury will rule against you even with the best evidence and experts, so many clients seek settlement where there is a guarantee for both sides.
Trial You've seen My Cousin Vinny? Well, trial is not too far different from that movie. Its emotional, and it can be a long - and often a very draining experience, but at the end of the day, you are trusting a jury of your peers to determine whether your health care provider was negligent, and if so, what damages his/her negligence caused.
Parties Well, now that your attorney has decided you have a malpractice claim, and you know that it is a long and detailed process; you must decide who will be named as defendants. Often it will be the doctor or nurse who failed to provide care, and their employer.
Please note that there are many healthcare providers in Virginia that you cannot sue for malpractice as they are considered employees of the state, and thus entitled to sovereign immunity.
Burden of Proof You cannot just tell the jury that you think the doctor or health care provider messed up. In Virginia, you must prove the following:
1. That the health care provider failed to provide care in accordance with "the degree of skill and diligence practiced by a reasonably prudent practitioner in the field of practice or specialty in this Commonwealth"
2. That the health care provider's negligence was the cause of your damages.
This is a very high standard to meet - what if your physician could have been the cause of your injury, but you have similar health problems which also could have caused your injury and pain. NO MALPRACTICE CLAIM.
Limitations Ever read about big huge verdicts in the paper?
Well, they are not likely Virginia cases. The General Assembly has established a "cap" on what you can recover in any medical malpractice action (no matter how many defendants are involved or how large your damages), which is based on the year the negligent care occurred as follows:
2000 - $1,550,000.00 2001 - $1,600,000.00 2002 - $1,650,000.00 2003 - $1,700,000.00 2004 - $1,750,000.00 2005 - $1,800,000.00 2006 - $1,850,000.00 2007 - $1,925,000.00 2008 - $2,000,000.00
Cost Filing a medical malpractice claim is not cheap. While most malpractice attorneys will accept your case on a contingency basis (meaning they don't charge you an hourly rate for their time) - families, and not attorneys, must be responsible for the costs of litigation.
The costs of litigation are:
Expert hourly fees Copying costs Long distance phone calls Mileage for travel Court costs Court reporters
When potential clients come into our office inquiring about a potential medical malpractice lawsuit, we advise them that the Expert Fees alone may exceed $25,000. Certainly something to think about if your only damages as a result of the doctor's negligence is around $10,000.
Outcome If you take a case to trial - there is no guarantee you will win. Virginians are wonderful people, but as everyone has a different opinion on politics, faith and justice - you cannot guarantee a Judge or Jury will rule in your favor, even with the best possible medical malpractice case.
Filing a malpractice case will not bring back your loved one, or take away your pain. So each and every family must consider all of the factors before they pursue a claim.
Conclusion If I can leave you with one piece of advice - it would be to: FIND AN ATTORNEY YOU TRUST - AND EVALUATE YOUR OPTIONS!!!
About the Author
Lauren Ellerman is an attorney with Frith Law Firm in Roanoke, Virginia. She concentrates her practice on medical malpractice, nursing home abuse, nursing home neglect, lead paint poisoning, and business torts. You may view her complete profile at www.frithlawfirm.com/lauren.htm and the firm's home page www.frithlawfirm.com
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