Personal Injury Law Blogs

Is Personal Injury Compensation Considered in Divorce Settlements?

According to a family law attorney, during the process of virtually all divorces, both spouses will need to decide upon how any shared assets will be divided. In most cases, shared property includes assets such as houses, vehicles and any minor children, but what many divorcing spouses don’t know is that personal injury compensation may also need to be divided, even if it was only awarded to one spouse. If you have already tried marriage therapy to fix your marriage and are still currently going through a divorce, then consider contacting professional help from a legal separation attorney.

Who Owns the Compensation Award?

In order to determine whether a personal injury compensation award needs to be divided or not, it will first need to be determined who owns the award. In some states, shared assets that one or both spouses obtained during the course of a marriage are considered community property. Our divorce attorney Orlando contact explains that this means that even if only one spouse was awarded personal injury compensation during the marriage, his or her spouse may still be entitled to a portion of the award during a divorce. If the spouse received the award before entering into the marriage, his or her spouse may have a harder time trying to receive a portion of the award.

Mixed Property

According to a divorce lawyer depending upon the state in which the divorce is taking place, some property may also be considered mixed property. Mixed property is the term that is used when one spouse brought an asset into a marriage, but the asset then became the property of both spouses. An example of this may be where a husband receives a personal injury structured settlement before becoming married. During the marriage, both the husband and the wife lose their jobs and they both rely upon the husband’s settlement to survive. If the couple divorces, the wife may be entitled to a portion of the personal injury structured settlement, even though it was initially not considered community property.

Marital Arrangements

In some cases, a prenuptial or post-nuptial agreement is put in place to clearly spell out exactly who will receive what assets if the marriage is dissolved. These arrangements will often list the couple’s shared assets, as well as their separate assets, and in most cases, provisions will be laid out in order to describe what will happen if one spouse receives a large sum of money, such as a personal injury award. If such an arrangement is in place, the process of dividing assets, including personal injury compensation, will generally go a lot smoother, as neither spouse can contest the division. In some cases, however, a spouse who feels that he or she deserves more can move to have the agreement altered.

Hiring an Attorney

In most cases, partnering with an attorney before the divorce process begins can be helpful. An attorney can help both you and your spouse to decide upon the division of assets, including personal injury awards, in an equitable way, and an attorney can also assist you in completing the necessary paperwork to put your divorce into effect and using mediation resources as the MIAM form which is perfect for this. Most divorce attorneys only work with one spouse or the other, but in situations where a divorce is uncontested and both spouses have already come to an agreement regarding the division of assets, a divorce attorney may work with both individuals.

If you’re currently considering a divorce and you’re concerned about the potential for inequality in the division of your assets, you may also want to consult with an attorney before beginning the divorce and division process. Doing so now may help you to protect your assets from being unfairly divided, and you may also be more prepared if the division becomes contested.

Author Georgina Clatworthy is a legal writer and former law blog editor, and contributes this article.  Their attorney’s appreciate that dealing with a divorce can be stressful and will work with their clients to ensure that a fair and amicable division of assets is reached.

How to File a Claim for Whiplash Injuries

Accident insurance is available in different flavours – traffic accidents, cycling accidents, holiday accidents and so on. These schemes usually cover all of the medical expenses that are incurred while undergoing treatment for the injuries suffered by a victim during the accident. However, there are certain internal injuries that often go unnoticed or are ignored as being too common a problem to file a claim. These injuries, better known as whiplash injuries, are usually caused by the force of impact, when the body is automatically thrown forward or backward during road accidents, affecting the body muscles and tissues in the process.

The impact may be felt in any part of the body; no part of the body is immune to whiplash injuries. It can start off as a simple case of soreness or stiffness that may develop into either a temporary or persistent pain in the future, which usually depends on the nature of the hit and the body area affected. Headaches, body pain or blurred vision also form a part of the whiplash injury. Although these injuries in most cases are not life threatening and do fade with time, they may immobilise the victim completely or partially deter the normal activity pattern. They may require physiotherapy or other forms of treatments that, of course, do not come for free and, therefore, qualify for whiplash compensation, which usually varies depending on the extent of the injury and the affected part of the body.

Covering All Medical Expenses

Based on the very fact that these injuries are considered as mere side effects of roadside accidents and are usually brushed off, it requires meticulous effort to document and present adequate proof to support the pain suffered and expenses incurred due to the accident.

  • Reporting the accident to the concerned authorities and obtaining a copy of the filed report is a perquisite to file a whiplash claim.  In addition to this, written accounts from witnesses to the accident right at the place and time of the incident add value to the case – of course, only if those affected are in shape to request and get the statements.
  • The medical reports prepared by a qualified medical expert on the extent and impact of the injury, prescribed treatments, nature and duration of the treatment required, and possible side effects, play a vital role in proving the damage caused by the accident. The reports will have to be detailed enough to highlight the reasons for the claim. Professional firms that deal with whiplash injury claims also direct those affected to expert physicians, who are not only experienced in treating such injuries but also are well-versed with the nuances of preparing medical documents that stand the claim in good stead.
  • Periodical updates on the medical status in terms of doctor appointments and visits, details on progress of treatment, latest reports, etc. further serve to strengthen the case.
  • While maintaining medical records are quite important to clearing all medical bills associated with whiplash injuries, a list of monthly expenses in terms of rent, mortgages, utility and essential expenses, along with proof for loss of income are also must to claim fair compensation. The victim is not only eligible for a refund of medical expenses incurred during the treatment and recovery, but he or she is also entitled to receiving reasonable compensation to support basic needs, until he or she gets back to regular or routine work.

Although the list of documents and processes here may seem quite simple to maintain and manage, whiplash compensation claims are best handled by personal injury solicitors who are experts in getting adequate compensation that is commensurate with the damage suffered by the victim in each individual case.  Depending on the type of the injury, a few professional claims companies also arrange for treatment and rehabilitation, apart from providing temporary funding to meet expenses while the claim is still under process.

Police in Portland, Oregon Use Unreasonable Force on Mentally Ill

The United States Justice Department conducted an investigation into the unnecessary use of force of Portland, Oregon police on people with mental illness. On Thursday, September 14, the department announced that investigators found Portland police officers used excessive force without justification against people with mental illness.

Deadly Force Used Disproportionately on Mentally Ill

The investigation found that Portland police officers used deadly force 12 times over the last three years. Of those 12 suspects, 10 suffered from mental illness. Further, the city of Portland paid $6 million over the last two decades to settle lawsuits regarding alleged police misconduct.

The findings suggested that police engaged in a pattern of using dangerous force against people who, due to their mental impairment, could not follow the officers’ commands. Investigators found that police officers would use dangerous force against people with mental illness even when they posed no threat or danger. They also found that the officers escalated the use of force even if it could have been minimized or avoided.

Series of High-Profile Killings by Portland Police

The investigation was initiated after a series of police shootings in Portland that involved suspects with mental illness. Following the death of Aaron Campbell, an unarmed and suicidal man who was killed by Portland police, the Justice Department announced that they were initiating an investigation into the police department’s practices. In Campbell’s case, he was shot by a police sniper as he exited his apartment with his hands behind his head.

Campbell’s death was one of a series of high-profile cases of mentally ill individuals who were killed by Portland police. In 2006, James Chasse, Jr. was believed to have urinated in public. He died after being chased and tackled by Portland police officers.

In another incident, Jose Mejia Poot was shot by police at a psychiatric hospital. This shooting prompted community leaders to question the police department’s policies for handling mentally ill suspects.

The investigation found that most of the police uses of force were constitutional. However, officers occasionally used excessive force when dealing with people suspected of minor offenses. Investigators were particularly concerned with the police department’s use of stun guns, finding that officers would often use them without justification or use them repeatedly on a suspect.

Policy Revisions Will Improve Mental Health Crisis Response
Police officers are often first responders for individuals in the midst of a mental-health crisis. For this reason, it is important for officers to have significant training to understand the complexity of mental health issues.

Following their investigation, the Justice Department issued a letter to Portland’s Mayor Sam Adams. The 42-page letter recommended remedies that included special training and new policies that would be put in place to investigate alleged misconduct by the police.

Adams and the police department cooperated with the federal investigation. Adams has demonstrated his commitment to improving the police force by posting potential policy changes on his web page. He recommends revising the police department’s policy on stun guns, ensuring that officers use them only when reasonably necessary. He also recommends boosting the city’s treatment options to ensure police officers have the ability to assist individuals facing a mental health crisis.

The Portland police and the Justice Department are currently working on a detailed agreement that will be finalized by October 12. They will seek community feedback on the agreement, which will be signed by a federal judge.

 

Shelly O’Donnell wrote this article on behalf of  EastBayDUILaw.com. She knows the serious implications that personal injuries can bring, and the importance of seeking help.

What To Do If Your Sued After A Car Accident

(US laws and general advice) A vehicle accident can be a frightening experience for everyone involved, especially if there are injuries or damage to property. Unfortunately, for some drivers, the experience can go from frightening to downright scary should they then be sued after the accident. The fact is, if you’ve been accused of causing a vehicle accident, you may find yourself facing a lawsuit, and maybe even years of financial hardship and uncertainty.

What Happens After an Accident

In most cases, any drivers involved in an accident will exchange insurance information, speak with the authorities at the scene and seek medical assistance if needed. From there, the insurance companies of any drivers involved will take care of any financial dealings, meaning the process ends there for the drivers. However, some drivers soon receive a letter explaining that they are being summoned to court to defend themselves – they’re being sued!

Why a Lawsuit?

The lawyers at www.houston-accidentattorney.com explain that drivers involved in vehicle accidents can be sued for a variety of reasons, but the most common are negligence, recklessness or improper insurance coverage. Even if the police are unable to determine who was at fault, or even if both drivers are deemed at fault, one driver can still sue another. The claim may be that one driver caused the accident due to not paying attention, or it might be that a driver was driving over the speed limit when the accident occurred. Regardless of the cause, the driver who is being sued is at risk of having to potentially pay out tens of thousands of dollars or more if found guilty in court, and the driver’s insurance premiums may become unrealistically high.

Potential Damages

In cases where injuries have taken place in an accident, you may be sued not just for physical pain, but also for mental and emotional anguish. Studies have shown that vehicle accidents can lead to a variety of psychological problems, including depression and anxiety. Because it’s very difficult to determine the exact effects these problems can cause, lawsuits involving such conditions can involve hundreds of thousands of dollars or even millions. These damages are sought not just for the psychological impact on the injured driver, but also for potential problems these conditions might cause in the future, including lost wages and difficulty in relationships.

What to Do if You’ve Been Sued

If you’ve been hit with a lawsuit as the result of a vehicle accident, the best thing you can do for yourself and your future is to partner with an attorney. While you always have the right to defend yourself in court, unless you have experience in the legal field, doing so may be an arduous task at best. Instead, when you partner with an attorney, you have the benefit of experienced representation and the backing of a legal expert upon whom you can rely for information and defense strategies.

Finally, if you’ve been involved in an accident, it’s important that you don’t admit fault if you’re unsure. Many times, drivers involved in accidents will experience disorientation immediately following the crash, and this can lead to them making statements that aren’t true. Instead, try your best to cooperate with law enforcement, but don’t allow yourself to be intimidated into admitting guilt if you’re unsure of the situation.

Georgina Clatworthy is a legal writer and previous editor for a respected legal blog. She is now a contributing writer for www.houston-accidentattorney.com who will help accident victims in Houston connect with the right accident lawyer to represent them. They understand the importance of finding an attorney with whom you will feel comfortable and moreover, who will work with your best interests at heart.

Exploring Personal Injury: Who’s Really Liable?

(US law and generally) Personal injury is a legal term that describes any physical or mental injury to a person for which another person is held liable. Although liability in personal injury cases is a complex concept that varies from state to state, several general rules apply in all jurisdictions. In order to establish another party’s liability for a personal injury, the injured party is required to prove negligence, intentional harm or strict liability.

Most personal injury cases involve an injury that took place as a result of another party’s negligence. Proving negligence in a court of law is a four-step process. The injured party must first demonstrate that the negligent party had a duty of care; that is, they had some obligation to avoid causing injury. In many cases, duty of care is obvious. Motorists have an obligation to avoid causing accidents by obeying traffic laws, and employers have an obligation to provide a safe work environment for their employees. It is also possible for more than one entity to have a duty of care in a particular situation. For instance, the owner of a car is obliged to keep his vehicle in good working order, but that responsibility also falls on the car’s manufacturer and on the mechanic who performs repairs. Any one of those parties could be found liable, depending on the circumstances.

Next, the injured party must prove that a breach of duty occurred. In other words, the negligent party either knowingly caused exposure to some significant injury risk or should have known that there was a significant risk. A motorist who runs through a red light, for instance, commits a breach of his duty to drive safely. In cases where multiple parties have a duty of care, the court must consider the circumstances to determine which party committed a breach of duty. If the owner of a car fails to maintain his vehicle and is thus unable to stop, he is guilty of a breach of duty. If the owner brings his car to be repaired and the mechanic makes an error, the mechanic can be held responsible for a personal injury.

Third, the injured party is required to prove that the negligence was the direct cause of a personal injury, and finally, he must prove that the personal injury resulted in harm; that is, actual financial loss. Common forms of harm include past and future medical bills, lost income due to inability to work and pain and suffering. Regardless of the circumstances of the personal injury, the injured party needs to prove financial loss in order to receive damages.

A minority of personal injury cases involve the intentional inflicting of harm on another person. If, for example, one person pushes another down a flight of stairs, the pusher can be held liable for the harm suffered by the injured person. These cases are often coupled with criminal cases.

Finally, strict or absolute liability occurs mostly in the context of defective or dangerous products. If a product injures someone, anyone involved in that product’s manufacture, distribution or sale can be held responsible for the injury.

All personal injury lawsuits are restrained by a statue of limitations, which means the injured party has limited time to act. That’s why it is important to contact a personal injury attorney immediately after an injury occurs.

About the Author: Jeremy, an independent writer for Attorneys.com, with a particular interest in personal injury law.

Is It Worth Making A Claim After A Workplace Personal Injury?

For those people who have suffered an injury due to an accident that wasn’t their fault, getting in touch with personal injury solicitors can seem like the obvious next step, but for those unfortunate enough to have an accident at work, making a claim for compensation is often avoided. The truth is, many people assume that by making personal injury claims against their employer will destroy the working relationship they have or lead to losing their job.

It’s worth remembering that whether you are returning to work or not, you will have suffered unnecessarily due to someone else’s negligence. Your injury may have led to missing work for a long period of time while having surgery or undergoing treatment. And don’t forget that it isn’t just the physical pain that affects you, but the emotional pain and distress that is often also experienced by your family.

If you’re the main earner in your household, your injury could mean financial hardship for your family while you are off work, or you may have had to pay out for expensive treatment of specialist equipment to aid your recovery. At the end of the day, why should you be punished for someone else’s mistake?

Your personal injury solicitors can give you great advice and support if you’re thinking of making a claim. Employers have a duty to keep you safe, whether that’s offering the correct training, the right equipment or just keeping the workplace itself safe. A good employer will realise that personal injury claims are not personal attacks and that you have a genuine reason for claiming.

All businesses are required to have insurance to cover them should the unexpected happen and it is this insurance company who will actually handle the claim rather than your employer, which helps to make the situation less personal.

Personal injury solicitors acknowledge that many victims fear being fired from their position or creating such a bad atmosphere at work that they will be forced to resign. But generally, these fears don’t become reality. Legally, your employer can’t fire you for making a claim and if you do feel you have been forced out you could consider a claim for constructive dismissal. What’s more, personal injury claims could bring about positive changes at your workplace, making it a much safer place for you and other employees.

Shedding Light on Nursing Home Abuse

Nursing home abuse is a wildly under reported issue in the United States. As people are living longer, treatment in elder care facilities will need to improve drastically to accommodate the influx of residents they will receive and sustain for what can potentially be decades.
The following infographic outlines the startling frequency of nursing home abuse occurrences.
Philadelphia Nursing Home Abuse Lawyers The information in this graphic was compiled by the Philadelphia nursing home abuse attorneys at Lowenthal & Abrams, P.C.

4 Ways Lawyers Can Help Family Members after a Brain Injury

After a brain injury, families are left with a unique responsibility to help their loved one cope and adapt to a new life. Lawyers quickly become a trusted resource for families specially a family lawyer. This post will discuss how a lawyer can go above and beyond to help family members cope after an accident that has left a loved one with a traumatic brain injury.

According to a lawyer from family law brain injuries are devastating with lasting repercussions. The brain-injured individual must rely on family members for care and compassion. While family members want to everything in their power to help their loved ones recover, cope, and adapt to a new life, they’re often left on their own to figure it all out. As they juggle caring for the injured with personal injury litigation, they often turn to their lawyers for additional help. As a lawyer, you can do more than settle brain injury cases, you can go above and beyond to help family members after an accident has left a loved one with a traumatic brain injury. Here’s how.

Recognize that Surviving Family Members are Accident Victims

It’s easy to focus on the brain-injured individual. However, surviving spouses, children, and other family members have suffered a loss, too. When representing a brain-injured client, you have a whole family of clients to attend to. The surviving spouse is often overlooked and is likely suffering from distress, anxiety, guilt, and depression. In addition, the surviving spouse is expected to step into one or more unfamiliar new roles including: caregiver, decision maker, bread winner, and primary parent. The spouse may be ill-equipped to manage household chores, children, personal finance, full-time work, and round-the-clock care.

Serve as a Liaison

Lawyers aren’t social workers, but you may feel like one at times. As a lawyer who specializes in brain injuries, you likely encounter the same issues and concerns multiple times. As time goes on, your network will grow to include resources that can assist families such as counselors, home health aides, respite caregivers, and so on. Keep track of the people that have been the most beneficial to your clients and introduce them to new clients as needed.

After referring other professionals to family members, make sure to follow up. Did the referral do a fantastic job? If so, you can feel confident referring that person to future clients. If not, find out what happened and how it can be avoided in the future.

Hold Caregiver Support Workshops

If your firm has a lot of brain-injured clients, hold a series of caregiver support workshops. Not only is this a value-added service, caregivers need a break from litigation and their caregiving duties. Consider bringing in experts to discuss medical, financial, therapeutic, and recreational topics. You could have a different theme each month. Every so often, bring in a masseuse, hair stylist, or nail professional and pamper your clients. Chances are, they feel as if they don’t have time for personal luxuries.

Become a Brain Injury Prevention Advocate

In addition to providing competent legal representation and helping family members find the resources and relief they need, consider taking an active role in preventing brain injuries. You could do so in many ways. For example, you could offer to speak at local schools or senior centers. You could submit articles to various publications. You could join a professional brain injury association such as the Brain Injury Association. Organizations like these exist to prevent brain injuries, improve treatment, and improve the quality of life for those affected by a brain injury.

These are four ways that you can go above and beyond for your brain-injured clients and their families. You can make an important difference in their lives by recognizing their needs, matching them with resources, holding support groups, and becoming a vocal advocate. These four steps can help you get more satisfaction out of your job as well.

Guest post contributed by Kevin Krist, a Brain Injury Attorney based in Houston Texas. Kevin has been practicing law since he was 22 years old. He is one of the most qualified and experienced personal injury trial attorneys in Texas. For more information about brain injury, visit the Texas brain injury resources section of KevinKristLaw.com

Personal Injury Claims will Increase in Value

Anyone who claims compensation for a personal injury and they receive a judgement in their favour from April next year will receive 10% more than in previous years. The Association of British Insurers (ABI), who hope to re-balance the figures by a reduction in legal costs, is appealing the decision. The Master of the Rolls, Lord Chief Justice and the Vice President of the Court of Appeal are the three high-ranking judges who ruled that there should be an increase. It will be interesting to see how the changes to payouts affect both the claimant and the insurance industry. The increase will also apply to claims lodged before the April 1st date, so there are many in the industry who would have expected a quiet spell before the storm not to be over-stretched by a sudden rush of claims from April onwards.

A Balanced System is a Fairer System for Most

In many cases that have gone before the courts, the side awarded damages have been represented on a no-win no-fee basis and it is common for the victorious solicitor claim extra fees. These fees are not representative of their usual rates for counsel, but they are something like a win bonus known as ‘success fees’. While this is completely acceptable, it has meant that many people who have little way of denying responsibility, have been afraid to defend a claim because of the fear of escalating costs. In effect, there may have been cases successfully defended had the person accused of responsibility decided to contest the claim. Success fees are being abolished, making them no longer recoverable from conditional fee agreements under the new LASPO (Legal Aid, Sentencing and Punishment of Offenders) Act.

Whom will it affect?

In the most part, there will be no change at all for people who wish to claim personal injury. Solicitors fees will operate in much the same way, except there will be no bonuses to pay for contesting a case and losing. However, this does suggest that more cases will be contested and the courts may become a little busier. The only shift in costs will be payments from successful legal representatives finding their way to successful claimants. There are two ways of looking at this: there will be more people making claims because there are less costs involved (some success fees are double the counsel’s usual rates), but there will be similar earnings for solicitors who have to do a little more work to get the result. The big question is can you fill an appointment book more than once? In other words, solicitors will lose out if they are already operating at full capacity.

Civil Litigation Overhaul

The purpose of these changes in the cost structure of civil litigation has largely been to bring the earnings and losses of all parties in to a fairer and more proportionate level. The measures are also intended to reduce the number of hours wasted on claims that could be better dealt with before they reach court. In previous years, the solicitor acting on behalf of the pursuant of a claim, may have been acting as much for their own benefit as for the benefit of their client. The client may have no significant extra benefit from the case being heard than had they accepted an earlier offer of compensation. In essence, there process could be seen as less of a boom time for many personal injury solicitors and more profitable for happy clients who avoid the drawn out processes, to which we are accustomed.

Ethical Code of Conduct

In the United Kingdom, we are lucky enough to have one of the fairest and most respected legal systems in the world. This means that any prior cases where Counsel has recommended actions better suited to their own ends than their clients are few and far between. In many cases, there are many more motivating factors to take a responsible person or business to court seeking damages. To put a positive spin on the situation, it is thanks to people like Lord Justice Jackson who reviewed personal injury litigation that there have been so many positive advances since December 2009.  The approval of the defamation protocol, which is a pre-action protocol works as an alternative to court. This encourages more settlements at an earlier stage and that allows the courts more freedom to review cases that are more complicated.

Any injury solicitor will tell you that their clients are happier to receive compensation as early as possible, save for a minority where justice and the correct course of action are more important.

Massachusetts Lab Scandal Highlights the Importance of Careful Regulation in Laboratories

What is Laboratory Law?

Laboratory law has developed significantly in the past 50 years. According to Malcolm H. Merrill and W. Max Chapman’s “Laboratory Technicians: The Clinical Laboratory Law and Its Meaning to Private Physicians”, clinical laboratory law was originally introduced in 1938, and laboratories were at first monitored on only a voluntary basis. While a number of amendments have been made to laboratory law since then, perhaps the most important development came about in 1988, when Congress passed the Clinical Laboratory Improvement Act. The act was written and passed into law after medical misconduct resulted in “a number of deaths from false-negative Pap smear readings.”

What Regulations are Laboratories Subjected To?

Laboratory law varies from state to state. California State Laboratory Law requires that most laboratories be licensed or registered with the state. In addition to holding Clinical Laboratory Improvement Amendments Certification (CLIA), labs require that complex testing cases be handled by chemists or scientists with a more advanced degree or certification. Calibrated lab equipment of the highest quality is used to produce the most exact measurements. These labs are inspected every 2 years to ensure that regulations are being met. Labs are also given tests—a process called “proficiency testing—in which their results help to determine the quality and accuracy of their testing practices.

Different types of laboratories are subject to regulation from different government entities. This is most oftentimes the state’s Department of Health, The U.S. Department of Health and Human Services, the Food and Drug Administration and the Center for Disease Control and Prevention, among others.

Implications of Improper Regulation

Scientific, or research, misconduct carries with it serious legal and ethical implications; as a result, the consequences for carrying out research misconduct are severe.

One case of research misconduct has been plaguing U.S. headlines as of late: A chemist in a state lab in Massachusetts has come under fire recently for allegedly “lying about drug samples she tested”. The chemist, Annie Dookhan, confessed to lying about the number of samples she tested, admitting that at times she would test only a fraction of a group of samples and record the same results for all untested samples. A local news station reported that Dookhan’s lab practices were often questioned by her colleagues. According to the Wall Street Journal , there are “nearly 1,100 inmates currently serving time in cases in which Ms. Dookhan was the primary or secondary chemist.”

There are many more negative consequences of improper, or absent, regulation of laboratories. This can include the improper handling and disposal of laboratory waste and hazardous substances, risking the safety of laboratory personnel and inaccurate results from contamination or lax clinical testing.

Is There Enough Regulation?

The lab scandal in Massachusetts highlights lingering inefficiencies in laboratory law. While Dookhan was charged with obstruction of justice, her misconduct affected the outcome of thousands of drug-related cases.

To prevent serious cases of scientific misconduct, some scientists are calling for increased regulation and supervision—a move that would include setting up cameras in laboratories. Some of those involved with Dookhan’s case claim that this added level of supervision may be unnecessary, and that an in-lab quality manager provides an adequate level of supervision.

It is possible that laboratories could avoid serious cases of misconduct like this by discouraging competition based on the number of samples tested. Dookhan reportedly came under suspicion of her colleagues after outperforming them significantly by turning in suspiciously high numbers of tested samples. After all, some of the most significant changes to laboratory law came about after medical misconduct was directly attributed to human injury or death. Whether it be an incorrect medical test that results in the death of a patient after treatment is not sought, or the contamination of evidence for criminal cases that results in jail time for thousands, laboratory results often have a serious impact in peoples’ lives. Focusing on the importance and potential implications of results—undoubtedly a goal of most regulated laboratories—may be the best solution for self-supervision in chemists, researchers and lab technicians.