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Author: MichaelEhline

Big Sugar Sweats as Sugary Beverages Linked to Increased Risk for Fatal Cancers

On September 15, 2022, findings of a study published in the American Association for Cancer Research journal sought to find any associations between sweetened beverage consumption and cancer risk.

Let’s look at the findings of the study “Sugary beverages linked to increased risk for fatal cancers” with Ehline Law and our personal injury attorneys.

Could Sugary Drinks Raise Your Odds for Fatal Cancers?

The study conducted by Marjorie McCullough, a senior scientific director at the American Cancer Society, revealed a higher body mass index (BMI) among the study participants who regularly consume sugary drinks.

Study Methodology

To find associations between sweetened drinks and cancer, the researchers used Cancer Prevention Study data regarding all types of cancer. The data in the database came from 1982, when 934,000 cancer-free participants provided information about their beverage consumption in the United States.

Using that data, the researchers used regression models to determine the association between beverage type and cancer mortality. There were no BMI adjustments.

Study Findings

The research found that 135,094 people died from cancer. The study did not find any associations between all-cancer mortality and beverage consumption among participants who consumed artificially sweetened beverages twice or more than twice daily and those who did not drink at all. It showed an increased risk of obesity-related cancers, which became null after BMI adjustment.

After adjusting BMI in the results, the study found an increased risk of colon and kidney cancer among participants who regularly drank.

The study showed the odds of fatal cancer associated with sugar-sweetened beverages. It revealed a 5% increase in cancer mortality rates for many types of cancer among men and women consuming two or more servings of sugar-sweetened beverages daily.

Future Research Recommendations

In an American Cancer Society news release, McCullough, director of epidemiology research, suggested that future studies must incorporate the role of BMI.

She also stated that the United States public policy must consider the heightened risk of cancer associated with the consumption of artificially sweetened beverages.

“Americans Exceed Recommended Limits for Artificially Sweetened Beverages Limits,” McCullough Warns of Cancer Risk

Americans are not sticking to the daily recommended sugar intake set by US Dietary guidelines.

The study findings strongly indicate an association between different types of cancer and the consumption of sugary drinks. It suggests the need to limit the consumption of such beverages to decrease the risk of diseases.

In an American Cancer Society news release, the senior scientific director stated that many believe artificial sweeteners to be safe. Still, there is a need for further studies into artificial sweeteners as risk factors for developing pancreatic cancer, obesity-related cancers, and 20 other cancer types.

Soft Drink Industry in the United States

The sugar-sweetened beverages industry stood at 253.7 billion in 2016 and is further expected to grow at a 5.1% compound annual growth rate.

The increasing population, higher consumer disposable income, and the growing need for sweetened beverages fuel the sugar-sweetened beverages market in the United States.

Experts believe there is still a lot of potential in the US sweetened beverage consumption market. However, the spiraling health issues, higher body mass index and its association with obesity-related cancers, and the potential cancer risk prevent it.

Big sugar faces serious scrutiny after evidence surfaced that they suppressed numerous studies that linked sugar with cancer and heart disease. Obscuring research that links a company’s product to serious health consequences can lead to lawsuits against big sugar, just as it did with the tobacco industry and pharmaceuticals.

Ehline Law and our personal injury attorneys closely follow legal developments against companies accused of products that are considered safe but could be dangerous or defective.

If you suffered harm using a product, contact us at (833) LETS-SUE for a free consultation, as you may qualify for compensation under product liability law.

Citations:

Penal Code 991 – Motion to Dismiss a Misdemeanor in California

Did you know that a person is entitled to certain legal rights if charged with a misdemeanor (typically no sworn warrant affidavit) in Los Angeles County or another part of California? Rules for a felony case might differ, but let’s get a general look at disposing of a criminal complaint over a misdemeanor as soon as a preliminary hearing.

Besides helping defendants be sure that the legal proceedings related to their case are fair, these rights can also represent an opportunity to defend themselves and get the charges dismissed before a criminal trial.

These include the Penal Code 991 motion, which allows criminal defendants or their defense attorneys to ask the judge to dismiss the criminal case if there is insufficient probable cause to support the misdemeanor charges, as opposed to felony offenses for felony prosecutions.

Could a person accused of a crime be released from custody if a judge with reasonable doubt grants the motion and dismisses the charges? How does the Penal Code 991 motion work? Read on to find the answers over your misdemeanor complaint!

Understanding Penal Code 991 motion

As mentioned, a Penal Code 991 motion asks the judge to determine if there is sufficient probable cause to support the charges against the defendants and to believe that they have committed the crime.

The PC 911 motion to dismiss a misdemeanor forces a judge to review the main evidence in the criminal case to decide if it is worth proceeding.

If the judge grants the motion and the charge is dismissed, the defendant could be released from custody. However, when it is denied, the case over the crime alleged can proceed as normally expected.

Overall, Penal Code 991 motions are used to filter misdemeanor cases early or prevent defendants from spending a lot of time in jail if there is no probable cause at the probable cause hearing for your misdemeanor case. This court hearing will obviate the jury trial for the public offense altogether.

Evidence the Judge Must Review

A Penal Code 991 motion must be filed at the arraignment hearing. When granted, the cases are in their early stages.

Therefore, the evidence is usually preliminary and could include the following:

  • Arrest warrants
  • Police reports
  • Sworn complaint with all the documents and reports incorporated
  • Supporting affidavit
  • Search warrants issued
  • Any reliable documents related to the case.

At this point, the judge must determine probable cause immediately unless the court grants continuance – which must only be approved for a good cause. The 991 motion to dismiss misdemeanor remains common at the early stage in many Los Angeles, CA hearings.

Also, continuance of the first court appearance can delay the probable cause determination but only three court days, as set forth in California Penal Code Section 1050. So it’s up to the DA to establish probable cause and provide other relevant documents to support probable cause for the misdemeanor charge or charges.

What Happens After the Court’s Ruling on the Motion?

If the judge determines there’s probable cause after reviewing the evidence, the motion may be denied, or parts of the evidence could even be suppressed. As a result, the case must continue with regular pre-trial proceedings after hearing on the Section 991 Motion.

However, if it is determined that there is no probable cause to believe that the defendant committed the crime, the judge may grant the motion. This is your best chance to secure a dismissal before moving forward with other efforts to dismiss the complaint/avoid conviction.

When a judge grants the motion, the court dismisses the accusations. The prosecutor can refile the charges within 15 days after the ruling but must include new evidence supporting probable cause.

The defense also has the right to file another Penal Code 911 after the cases are filed again. However, the prosecutor would not be able to refile charges if a judge granted the motion a second time.

What Is Probable Cause and Why Is It Important?

The term “probable cause” defines the legal basis that determines the probability that a suspect has committed a crime. In other words, probable cause is the rational belief that a person has committed or is going to commit a crime.

However, probable cause cannot be an assumption based on a hunch or suspicion but requires more solid evidence. It determines an offense has been committed and the defendant is guilty thereof. In order to make a probable cause determination, the court must find that a reasonable person would believe that a crime was, is being, or will be committed.

While the term often gets different definitions under the law, probable cause is based on a common sense approach.

The documentation judges usually review to make probable cause determination includes the warrant affidavit. However, when a person is arrested for a misdemeanor, they primarily review the police report.

Should the Motion Be Filed During the Arraignment Hearing?

A criminal defense lawyer can only file a PC 991 motion during the arraignment hearing, which is the first time a defendant appears in court after arrest.

Under California law, an arraignment must occur within 48 hours of an individual arrest for a misdemeanor crime. During the arraignment hearing, defendants are briefed on their criminal charges. In this phase, criminal defense lawyers also enter the initial plea.

A PC 991 motion is filed after the defendant pleads not guilty to the charges.

Who Can File a PC 991 Motion to Dismiss a Misdemeanor Crime?

Defendants and criminal defense lawyers can file a PC 911 motion to dismiss criminal charges.

However, the PC 991 motion is not available to any individual charged in a criminal case.

It can only be filed if the defendant meets a few criteria, including:

  • Has been charged with a misdemeanor
  • Has pleaded not guilty
  • Has been in custody until the arraignment hearing.

In this sense, a PC 991 motion can only be filed by the defendant or his criminal defense lawyers if they meet the three criteria mentioned above and during the arraignment hearing for a misdemeanor.

These motions are not valid for felonies or defendants who plead guilty or do not contest.

Why Does a Criminal Defense Lawyer File a PC 991 Motion?

Criminal defense attorneys consider filing a 991 motion as part of their defense strategy, as getting it denied would not affect the case in any way.

However, a granted motion results in the dismissal of criminal charges when the criminal justice process is just starting.

Additionally, when the motion is successful, the defendants can:

  • Get out of jail
  • Have clean criminal records
  • Save on legal defense costs
  • Save time as they no longer have to defend themselves against the charges
  • Ge back to their normal life in just a couple of days

How Can a Personal Injury Lawyer Help in These Cases?

A criminal defense attorney will do everything possible to defend the accused and get the case dismissed, saying that there is not enough evidence to support the misdemeanor charges or claiming that their clients did not have fair criminal proceedings.

However, if you are facing someone who has committed a misdemeanor offense in court, you can seek help from personal injury lawyers!

A personal injury attorney goes to great lengths to defend victims who have been physically or psychologically affected by others’ negligent or willful actions. These experts represent claimants seeking compensation for their injuries or suffering if it’s caused by someone else.

These Are Some Tasks Personal Injury Experts Can Handle

Collect Evidence

A personal injury attorney can gather all the evidence you need to support your claim against the defendant or file a complaint for the same criminal conduct after the charges are first dismissed due to the PC 991 motion. The evidence these specialists usually collect includes relevant documents, witness testimonies, photographs from the scene, and more!

Deal with Insurance Companies

Personal injury experts are ready and prepared to negotiate with insurance companies and obtain maximum compensation for victims. In addition, these lawyers also handle all communications with insurers to prevent their clients from wasting time and help them recover as they deserve.

Represent Victims Before the Jury

A personal injury attorney can defend claimants in a felony case or other circumstances involving criminal conduct and fight for their legal rights. If the defendant files a Penal Code 991 motion, these experts have the knowledge and experience to collect sufficient evidence to support the charges!

Other Things Personal Injury Lawyers Can Do

  • Investigate claims
  • Engage in negotiations or prepare legal action when insurance companies refuse to offer fair compensation
  • Examine the evidence carefully
  • Prepares you for the trial
  • Helps you understand your rights
  • And more!

What If the Court Determines There’s Insufficient Evidence?

If the court determines that there is insufficient evidence in a criminal case, a personal injury lawyer can help you gather the necessary evidence to face the at-fault party again. Remember that there is one more chance to allege misdemeanor conduct against a person if the judge grants the Penal Code 991 motion.

Personal injury attorneys will do everything possible to protect you and hold the person who caused your injuries accountable for their actions. Therefore, these specialists know all the legal tactics and procedures to contest a Penal Code 991 motion granted in court.

Call Ehline Law and Get a Free Consultation Today!

Ehline Law has a team of personal injury lawyers trained to help you build your case and fight for your rights in court in a criminal case against someone who caused you pain and suffering.

Our experts know all the difficulties that a person can face after suffering an accident due to the negligence of others or an attack by a criminal!

Fortunately, we know the laws that can protect you and will help you know your rights, collect enough evidence, and prepare to succeed in front of a jury!

If your abuser’s charges are dismissed due to a Penal Code 991 motion, don’t worry! We will do everything we can to prove that there is sufficient evidence to charge the defendant with misconduct!

Our tireless injury lawyers fighters strive to help all victims in:

Do not hesitate to contact our seasoned team of lawyers and get a free consultation today! Remember that Ehline Law is ready to help you!

How Is Mesothelioma Diagnosed and Treated?

Imaging studies, such as CT scans, chest X-rays, blood tests, and a biopsy, are all used to diagnose Mesothelioma.

Asbestos and cancer. How Is Mesothelioma Diagnosed and Treated?

Diagnosed with Mesothelioma After Asbestos Exposure?

If a patient exhibits signs of Mesothelioma, a doctor performs a physical examination. Their job is to look for anomalies and cancer cells and recommends the patient to an oncologist for testing before a mesothelioma diagnosis.

How Is Mesothelioma Diagnosed? Peritoneal Mesothelioma? Malignant Mesothelioma? What does it Mean?

Doctors order various tests to narrow down the cause based on the patient’s symptoms. Imaging scans for another condition may identify malignant Mesothelioma in certain circumstances. A known history of asbestos exposure may necessitate a tissue sample biopsy in other situations.

Each patient’s route to a malignant mesothelioma cancer diagnosis is different.

It is critical to provide your doctor with a detailed work history during the diagnostic process. Doctors are unlikely to detect the condition unless a patient mentions a profession where asbestos exposure may have happened. Symptoms of Mesothelioma usually appear 20 to 50 years after the first asbestos exposure.

Every year, more than 3,000 instances of Mesothelioma are diagnosed by doctors. Since Mesothelioma is a rare disease with symptoms similar to those of more frequent and less severe illnesses, doctors may mistake it for another disease or type of cancer.

Patients with Mesothelioma frequently receive an incorrect diagnosis at first. Malignant pleural Mesothelioma is commonly misdiagnosed as lung cancer or pneumonia by doctors. Peritoneal Mesothelioma might resemble other types of abdominal malignancy. A mesothelioma specialist uses imaging scans, biopsy data, and further testing to make a correct diagnosis.

What Steps Result in Finding Cancer Cells and a Mesothelioma Diagnosis?

Although not every patient requires all of these tests, the path from symptoms to a final diagnosis for most mesothelioma patients is usually the same. Because the symptoms of Mesothelioma are so ambiguous, getting a diagnosis can be a lengthy procedure. Pleural Mesothelioma causes shortness of breath and coughing, while peritoneal illness causes digestive problems and abdominal pain.

Symptoms

Shortness of breath, coughing, and abdominal or chest pain are early signs of Mesothelioma. Patients with pleural Mesothelioma are more prone to respiratory problems, but weariness is typical of any mesothelioma.

Physical Exam

Patients’ doctors conduct a physical exam to check the lungs, heart, and other essential organs when they report their symptoms. A thorough medical and employment history might also aid in determining the cause of the disease.

Mesothelioma Testing

PET and CT scans of the abdomen and chest identify the location and extent of the illness. Doctors use this information to build a diagnosis and order additional testing. They could potentially recommend you to an oncologist or a surgeon.

Confirming Diagnosis

A CT, PET, or MRI scan’s imaging results aid surgeons in planning a biopsy to gather tissue and confirm a cell type and mesothelioma diagnosis. Furthermore, a  mesothelioma diagnosis can’t be solely based on a radiology scan or a blood test.

People with a known history of asbestos exposure are more likely to have their primary care physician refer them to a mesothelioma specialist sooner. To receive mesothelioma testing that leads to a diagnosis, you must accurately present your work history, medical history, and symptoms to the doctor.

Before beginning treatment for an illness, oncologists and general physicians must confirm the diagnosis. Treatment for Mesothelioma can’t start until a correct diagnosis has been established by imaging and biopsy results.

Treating Mesothelioma

Speaking to your main doctor about your health history, symptoms, and asbestos exposure is the first step toward getting diagnosed and tested for Mesothelioma.

If you are experiencing mesothelioma symptoms, your doctor performs a physical examination to look for any odd indicators. Imaging scans, such as CT and MRI scans, are often used in mesothelioma testing to detect malignant lesions and cancer cells.

The only way to verify a mesothelioma diagnosis is to perform a biopsy, such as thoracoscopy and pleural aspiration. Measuring therapy response with mesothelioma blood testing is also done by doctors.

Medical History and Physical Exam

Mesothelioma is rare cancer that is challenging to detect. When ordering mesothelioma testing, the more information your doctor has about your symptoms, medical history, and asbestos exposure. The better informed they are. During a physical examination, your doctor may use special instruments or gadgets to look for disease indicators all over your body.

  • Laryngoscopy: A slightly more intrusive treatment involves examining the neck and vocal folds with the use of a tiny camera attached to a flexible, thin arm introduced via the mouth or nose. This treatment can rule out cancers of the upper respiratory tract or throat.
  • Stethoscope: A physician uses a stethoscope to listen to the abdomen, lungs, and heart. This test can detect particular indications of Mesothelioma, such as ascites (fluid in the belly) or pleural effusion (buildup of fluid in the chest).
  • Stress Tests: To narrow down the diagnosis for suitable testing, your doctor might assess your reflexes or ask you to conduct simple exercises. Stress testing can tell your doctor if mesothelioma cancer affects your heart rate or oxygen levels.

Imaging Tests

Radiologists use imaging tests to determine the size and location of mesothelioma tumors. These scans are accurate and thorough enough to figure out the stage and extent of cancer. Plus, it sees if cancer has spread to lymph nodes or other organs. PET-CT scans with contrast dyes are the “gold standard” for mesothelioma imaging.

Oral contrast, which the patient drinks before the test, or IV contrast, which is injected into a vein, are used in contrast dye scans such as MRI and PET. The majority of imaging examinations are painless and take only a few minutes. Because of the confined room and strong noise, an MRI can take between 30 and 90 minutes and induce anxiety in some people.

Mesothelioma Biomarkers and Blood Tests

SOMAmer and MESOMARK are two blood tests that can detect indications of Mesothelioma. Biomarkers, blood tests, and immunohistochemical markers for Mesothelioma are not precise enough to confirm a diagnosis. Doctors use these tests to rule out other illnesses and track therapy responses.

Blood tests identify mesothelin, a protein prevalent in healthy people but detected in increased concentrations in the blood when Mesothelioma is evident. The FDA-approved MESOMARK test, for instance, can identify soluble mesothelin-related peptides (SMRPs).

More than 1,000 proteins can be detected in blood serum with the SOMAmer test. These proteins may be useful in determining whether or not someone has Mesothelioma. Human MPF is a test that examines a protein referred to as megakaryocyte potentiation factor. The specificity and sensitivity of these tests determine their precision.

The SOMAmer mesothelioma blood test properly diagnosed 90% of patients during testing. This sensitivity is critical since a blood test must precisely anticipate the disease to be useful.

Blood tests for Mesothelioma are also subjected to sensitivity testing. MESOMARK, for instance, correctly predicted that 92% of healthy people didn’t have Mesothelioma. However, this data is insufficient to reliably predict or diagnose Mesothelioma using blood tests. Blood tests with greater specificity and sensitivity are currently being developed.

How to Prepare for a Mesothelioma Diagnosis Appointment

Depending on the method, there are numerous steps to preparing for a mesothelioma test, such as an imaging scan or biopsy. Prior to your diagnostic session, your provider will go through any dietary restrictions with you. It’s also a good idea to double-check how and when you’ll be checking your results. Some tests, such as a mesothelioma biopsy, can take up to two weeks to produce results, but blood test results can be obtained almost instantly.

Why Is it a Challenge to Diagnose Mesothelioma?

Mesothelioma is an uncommon and challenging disease to diagnose. Since many oncologists and general practitioners have never seen Mesothelioma or are unfamiliar with the disease’s complexities, diagnosing it can be difficult.

Asbestos-related cancers, such as Mesothelioma, can take up to 20 years to form, and the symptoms might be confused with various other conditions. In most situations, only a professional can provide an early mesothelioma diagnosis, prompt treatment, and a better prognosis.

Misdiagnosis

Mesothelioma is frequently misdiagnosed as a less serious disease or another malignancy. The first signs of Mesothelioma can be mistaken for lung cancer, heart problems, stomach cancer, or an infectious disease such as pneumonia. Ovarian cancer, irritable bowel syndrome, or colon cancer can all be misdiagnosed as peritoneal Mesothelioma.

Staging Mesothelioma

Staging mesothelioma is an essential yet difficult element of the diagnosis. Moreover, staging determines how far a person’s cancer has progressed and is the most crucial component in selecting which mesothelioma treatment is the best for them.

Clinical staging determines a preliminary stage based on the person’s physical exam, symptoms, and radiological findings. Surgical staging necessitates the collection of solid tissue samples but results in a clear diagnosis. Staging also aids in determining a patient’s prognosis for Mesothelioma.

Suppose a PET scan or CT scan reveals tumor progression to other organs throughout clinical staging, commonly known as metastatic illness or late-stage Mesothelioma. In that case, a needle biopsy can be performed to confirm the diagnosis.

Latency Period

Asbestos-related diseases have a long latency period, which means it can take decades for people to notice symptoms. Because people may not recognize they are unwell unless they have a clear record of asbestos exposure, early diagnosis is challenging.

Patients may forget or refuse to disclose their asbestos exposure history. As a result, their doctor may overlook Mesothelioma as a probable diagnosis. This misunderstanding could result in a delay in diagnosis, enabling cancer cells to develop untreated.

Prognosis

When a doctor diagnoses Mesothelioma, they might also explain the patient’s prognosis. A prognosis predicts how well a patient will respond to treatment. After the initial diagnosis, many doctors may speculate on the prognosis, while others may wait to see how the patient responds to the first course of treatment.

Since each case is different, doctors find it difficult to forecast how Mesotheliomaso will act in a person’s body. Doctors determine a patient’s prognosis based on the location, stage, and cell type of Mesothelioma, the person’s age, and overall condition.

What to Do After Being Diagnosed with Mesothelioma

After being diagnosed with Mesothelioma, Mesothelioma can start treatment to help extend their lives and enhance their chances of survival. Seeking a mesothelioma specialist guarantees you access to the most sophisticated treatment choices and resources available.

Patients who have been diagnosed with Mesothelioma might find it hard to accept their diagnosis. Understanding the treatment course and alternatives for hospice, palliative care, and other services requires a robust support system.

Get a Second Opinion

Suppose a practitioner or general oncologist has diagnosed you with Mesothelioma. The next step is to obtain a second opinion from a mesothelioma expert. A second opinion is necessary to ensure that you have obtained an accurate diagnosis and accessibility to all treatment choices available.

Doctors and treatment centers examine your mesothelioma blood tests, medical history, biopsies, and imaging to confirm your diagnosis and start a specific treatment plan. Innovative medicines and clinical trials are available through cancer centers and doctors specializing in Mesothelioma.

Develop A Mesothelioma Plan

Another essential stage is to comprehend your treatment strategy fully. This is something you should address with your doctor in detail. Talk to your oncologist if any component of your mesothelioma treatment plan makes you worried or puzzled.

Mesothelioma professionals comprehend the link between staging, diagnosis, and treatment options for metastatic illness, such as clinical trials or early-stage surgery. Inquire about complementary therapies and palliative care for side effects. Acupressure and massages, for instance, may aid with chemotherapy-induced nausea.

Get Support

Create a mesothelioma support group to assist you and your loved ones cope with the disease. Make contact with friends, family, neighbors, and community members. When you’ve been diagnosed with Mesothelioma, you need a Mesothelioma attorney experienced in the system to help you get through the difficult times.

Families, patients, and carers can join a monthly online support group hosted by the Mesothelioma Center to share their stories and support one another as they cope with their diagnosis.

Great Escape Accident Just One of Many

In the News: The Six Flags Accident and Legal Rights
Knott's ride. In the News: The Six Flags Accident and Legal Rights

This last weekend an accident at Six Flags in Upstate New York caused a girl to plummet 25 feet to the arms of other patrons. Onlookers called the amusement park accident “horrifying.” The case made national headlines and included a viral video of the event.

CBS News reported on the scene. A Delaware 14-year-old fell from a stopped gondola ride. The “Sky Ride” stopped as the girl was riding it with another minor.

The operator stopped the ride after hearing that one of the riders was in distress. The girl struck a tree before falling into the crowd. She was evacuated by helicopter to the hospital. The fall injured one man who caught the falling teen.

While officials say the ride was in working order, far more questions remain. Furthermore, it appears that there are no proper procedures to avoid such a situation. There are no evacuation or emergency extraction procedures for the ride. Altogether, they are a vital danger.

What Are My Rights if Injured at an Amusement Park?

Many park owners and insurance companies do their best to minimize their liability after a severe accident. Many insurance carriers outright refuse to honor their policies and try to shortchange the injured party or parties.

There are far more rights for the hurt parties than are often reported. Each person has the right to counsel and a chance to bring their premises liability case to light. Many companies hide their safety record and try to pay off the accident victims quickly. But this record often does not take into account long-term injuries or other issues. So in many cases, it does not solve the underlying issue that caused the accident in the first place.

For more information, keep reading our site about the risks at amusement and theme parks. The Ehline Law Firm Los Angeles Personal Injury Attorneys, APLC, successfully handled some similar injury cases. Our experience is critical for families facing medical issues from such accidents. Contact us for more information on our website form or by dialing (213) 596-9642.

How To Make Moral Decisions as a Personal Injury Attorney

Making Moral Decisions as a PI Lawyer


Run over by a Bentley? How To Make Moral Decisions as a Personal Injury Attorney

Most of us have seen the movie Rainmaker with Danny DeVito. If not, I included a scene that comes to mind when many people attempt to describe their vision of the venerable negligence attorney. (See below) Of course, most of us have undoubtedly heard the ad hominem jokes and slurs about personal injury lawyers.

  • Ambulance Chaser?

Many pundits call us ambulance chasers, thieves with suits on, and so forth. You name it; if it’s derogatory, it has probably been attributed to the infamous “PI” lawyer at some point in time.

As you can see above, the new attorney, Matt Damon, is not too thrilled about chasing “ambulances.” But DeVito made it clear he, Damon, would starve if he did not hustle. Yes, they were walking through a hospital trying to sign up for injury cases, which is hilarious.

Of course, capping at a hospital is a practice that is prohibited in California and most states. But DeVito would argue that he was there on other business and just happened to strike up a conversation.

Either way, ethical decision-making in the real world could mean the difference between staying in practice or going under with your story in the back of the attorney discipline section of the Daily Journal. It certainly has happened to a lot of newbie lawyers, and it will probably continue to happen. Your job is not to be that guy.

You are making sure that you make the most ethical decisions should be a straightforward statement to agree with. However, properly weighing different factors is essential. You must ensure that you act in a potentially beneficial manner to yourself and those around you with minimal negative repercussions.

Below you can see some general guidelines to guide you toward what might be the correct decision.

1. How Do I Determine the Moral Parameters?

By seeing whether or not such a situation has a moral side, you will get into the correct state of mind to make a decision. There is a significant difference in approaching such a problem if a moral or ethical decision is involved.

2. Who is Involved?

By determining who is directly involved in such a decision, it will be easier to see their motives and background. This way, you can put yourself in the other person’s shoes. Now you can determine if noble causes do not motivate their interests. Determine how these people interact with each other, yourself, and society. Now you can decide if this changes your perspective on how they should be treated.

3. What are Moral Concepts at Play?

What ideas or concepts may be a conflict or risk in such a circumstance?

4. What Can You Do?

You will weigh the possible results by thoroughly thinking out a series of potential outcomes. These will allow you to see what may happen to the other parties. So now you can see how it may affect them in the short and long run. And this helps you merge ideas into a better result for all sides involved.

5. How Would Action Affect the Parties?

Seeing these options will also determine the adverse effects or benefits to the parties involved. In any event, weighing the harm or upside should allow for an easier decision.

6. Precedent Can be Key

You can quickly assess your current situation by looking at similar past cases. Also, by determining other parties’ actions and their analogs in other cases, you can better understand what action you should take.

7. Talk it Out!

Speak to those involved and those with experience or insight. That will also make a significant difference. Speaking to those that have been in similar situations helps shed light on the situation. After that, you will develop a broader perspective to make a rational decision.

8. Is it Legal? Is it True to Form?

Weighing your choice next to the laws and rules of organizations also helps. After all, people must obey specific laws. These laws include those regulating doctors or attorneys. Making sure that what you do is legal, honest, and consistent with these regulations is vital.

Could I Make Such a Decision?

So if you are the judge, you must ask yourself if you are comfortable making such a decision and live with the consequences. Is this something you can carry with you (publicly if needed) for years? Also, does it serve as an excellent example for others?

But expunging the vision of an ambulance chaser from the minds of most consumers is probably not possible. So in your practice, you have to make the right decision every time.