Merriam-Webster defines assault as: “a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in apprehension.” This means that no actual contact must occur between the two individuals. Let’s say that John threatens to punch Joe, while Joe reasonably believes that John can punch him. This is enough to say that John has assaulted Joe. If John actually punches Joe, this become battery. Though the two terms have different meanings, they are often used together in court.

Criminal vs. Civil Charges

A criminal case leads to probation or jail time if the defendant is found guilty. In a criminal case, the assaulted individual serves as a witness. In a civil case, the assaulted individual is the plaintiff. A civil case is used to seek monetary compensation for injuries. These injuries can include property damage, doctor bills, loss of work, therapy, pain and suffering, and, in some cases, punitive damages.

Assault Defenses

There are three main defenses to assault which may allow the defendant to win the case. These defenses are:

• Consent- this is most often used during sports. If an individual consents to play football, it can reasonably be assumed that they have provided consent to be tackled during the football game.
• Privilege- there are cases in which the defendant may claim privilege. If a police officer must use force to restrain an individual, they may reasonably avoid assault charges through privilege.
• Self-defense- if the defendant can claim self-defense, they will likely avoid assault charges. The action taken in self-defense must be reasonable. For example, if John punches Joe, Joe could reasonably restrain him. However, Joe would not reasonably be expected to shoot John after being punched.

Should You Sue?

Whether you should pursue a civil case depends on the situation. If you have been hospitalized, it is usually worth it to pursue monetary compensation. However, pain and suffering can be difficult to prove, so those cases may not be worth pursuing. Similarly, when the defendant has no assets, there is nothing that can be recovered.

Assault cases can be extremely difficult due to the wide array of circumstances and the variation of laws between states. To obtain superior legal representation for your assault case, contact us at LeBaron & Jensen today.

Medical malpractice cases occur when a doctor or health care provider fails to adhere to the designated standards of medical care, resulting in the death or injury of a patient. These cases are highly regulated to prevent frivolous cases that may result in an increase in insurance premiums.

Types of Medical Malpractice

There are several common types of medical malpractice. Some of the most common types include:

• Misdiagnosis- a misdiagnosis occurs when a doctor fails to correctly diagnose the illness. These can include diagnosis of a different illness that the patient does not have or not diagnosing an illness at all.
• Failure to treat- though the doctor may correctly diagnose the illness, failure to treat the illness properly is also consider medical malpractice. This often occurs when a doctor treats more patients than he or she is capable of safely caring for.
• Surgical error- there are many types of errors that can occur during surgery. Unnecessary surgery, improper dosage of anesthesia, and leaving a medical tool inside the body of the patient are just a few types of medical malpractice concerning surgery.
• Birth injury- these injuries can often be the most devastating, both emotionally and financially. Birth injuries can be caused by insufficient prenatal care, failure to diagnose a pregnancy-related illness, or an injury caused during birth.

Important Points About Medical Malpractice

Each state has a different statute of limitations. These are essentially time limits in which medical malpractice cases will be allowed. Though a doctor may fail to adhere to the basic standards of medical care, a medical malpractice case is only valid if the failure resulted in the death or injury of a patient. Many people are under the misconception that signing a release form prior to surgery prevents them from suing in the case of medical malpractice. This is not true.

Medical malpractice cases can be difficult, due to the variety in causes and the regulation of each state. Before proceeding with a medical malpractice case, you should consult with an experienced attorney. To consult about your medical malpractice case, contact us at LeBaron & Jensen today.