Category Archives: Personal Injury

Teen Injured Diving Into Ocean

Recently, in Pinnacle Gulf Beach, part of the San Francisco North Bay area, a teenager was injured while diving into the ocean. He misjudged the depth of the water and ended up doing damage to his neck and spinal cord. After the injury, he lost mobility and sensation in his lower body and had to be taken to a nearby hospital to be treated. Though he is still in treatment, his condition is improving, and he’s regained partial use of his body. His case is a fortunate one. The human body is a very powerful thing. It’s capable of surviving a wide variety of illnesses and injuries. Broken bones, cuts, viruses, and infections- all of these are extremely dangerous, but our body has ways to cope. But though it’s very sturdy, it isn’t indestructible. And one of the most serious injuries it can suffer, second only to damage to the brain, is spinal trauma.

The spine is one of the linchpins holding the structure of our body together. Most of our bones ultimately connect to it. Almost all of our vital organs- our heart, our lungs, our digestive systems- are held in place by it and the rib cage. But even more important than those, vital to maintaining our mobility and regulating many of our body functions, is the nervous system. Totalling almost 60,000 miles of cells, every signal between our bodies and our brains runs through this cluster that acts as part of the command system for our life. If we want to touch, if we want to move, if we want to interact with the world around us, the nervous system makes that possible.

The nervous system is threaded through the vertebrae of the spinal cord. More than anything else, skeletal systems job is to keep that bundle of nerves protected. It’s a tough piece of armor. But, like anything in this world, it has its limits. Tough strikes like a direct blow to the neck or head can cause catastrophic damage to it. And when your spine is damaged, the nerves it protects often will be as well.

Of course, damage to the nerves is not necessarily permanent. Our body was designed to heal from injuries. Medical technology is advancing all the time, and we’re constantly growing more capable of treating damage to them. But they’re still very delicate things, and our knowledge of them is still growing. Often, any repairs doctors are going to be able to do will be limited. And it’s not just the physical danger that you have to worry about. According to the website of The Benton Law Firm, spinal injuries often result in massive legal fees, money lost in time off work, and long, arduous recovery times. Once your body is injured, there’s no fully going back, and it can set your life back in many ways. For this reason, it’s important to always do your best to protect yourself.

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3 Most Common Personal Injury Cases

It is common to worry about the worst that a day may bring. Nobody ever wakes up in the morning and expects an accident to befall upon them. So, you may be wondering as to what the most common kinds of accidents are so that you may avoid them. Currently, the most common kind of personal injury case is related to automobiles. Thousands of automobile accidents happen every single day in the United States alone. While some accidents may not be quite as dire as others – a bent bumper, after all, would preferable to permanent paralysis – these are circumstances that happen only all too often. However, no matter how safely you drive, it is not always up to you because you cannot be in control of the recklessness of others. It then becomes the responsibility of the wrongful party to be accountable to the consequences that their actions have made. The second most common kind of personal injury case is that regarding public or privately owned property is premises liability. For example, if uneven flooring or unlabeled wet floors can cause ‘slip and fall’ incidents and, when severe enough, can cause significant personal injury situations such as traumatic brain injury or even spinal cord injury. It is the responsibility of the owner of the property to ensure that all who may enter are in Next up in the list of most common personal injury cases are those concerning medical malpractice. Those who are professionals in the medical field need to submit themselves to a certain standard of care in order to properly treat their patients. If the medical professional has shown negligence in their treatment of their patient then that is grounds for personal injury. Even something as seemingly infinitesimal such as an incorrect diagnosis could cost a person so much in terms of grief, agony, and also the cost. Therefore, it is necessary to hold even these professionals responsible for the mistakes that they committed, whether they intended to cause harm or not.

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Questionable History of the Bard IVC Filter

Bard G2 IVC Filters have been linked to countless health complications. The cage-like device, meant to prevent pulmonary embolism, is implanted into the interior vena cava and is meant to stop the migration of blood clots into the lungs, according to the website of Habush Habush Rottier. However, the history behind the device and the company, C.R. Bard, has been littered with controversy and 921 FDA reports of complications linked to the device.

C.R. Bard released an earlier filter model known as the Recovery IVC Filter in 2003. However, as reports of fracture and migration of the device began to surface, C.R. Bard replaced the device with the Bard G2 IVC Filter. The company claimed the device had less of a risk of migrating and fracturing into other parts of the body, but still reports of the same deadly health complications began to occur. Many accused Bard of knowing of the risks and failing to properly warn patients or recall the product. It is suspected that as early as 2003, Bard’s own tests showed the deadly risks of their device. Although there are numerous accounts of C.R. Bard being aware of the dangers of their devices, no action was taken.

When the devices become fractured or lodged into other major organs in the body, individuals can experience deadly complications such as perforation of the lungs or strokes. Patients may seek to have the device removed, but many times surgically removing the filter and its parts from a patient can be too risky for a doctor to perform, leaving a victim with these life-threatening problems. Even after these risks became apparent, the Bard Company continued to market the device to doctors and hospitals. Now, as lawsuits continue to pile up against the company, it is clear that the Bard G2 IVC Filter has proven devastating for many individuals implanted with the device.

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Acts of Abuse and Neglect in Nursing Homes

About 90% of nursing home facilities do not have enough number of qualified nurses and personnel needed to ensure provision of sufficient, quality care necessitated by residents: elders, usually those aged 65 and above; people who are ill and in need of rehabilitative therapy; physically or mentally incapacitated individuals; and, those in need of extra care, such as patients suffering from Alzheimer’s disease. If this is a factual case, then this will be great injustice against residents, who have been accepted and promised round-the-clock medical care and assistance even in the performance of the most basic daily tasks, which include eating, bathing, dressing, toileting and so forth.

As of May 2014 the total number of certified nursing home facilities in the US is 16,100, while the number of residents total to about 1.5 million. Despite the existence of thousands of nursing homes all across the nation, many are hesitant to send a beloved member of their family to one due to news of widespread cases of neglect and abuse which cause in residents physical injuries, humiliation, emotional trauma, self-pity, hatred, despair, etc.

Nursing homes guarantee provision of the highest level of care for older Americans. Now, with fees ranging between $3,000 and $10,000 a month (this depends on the type of facility, the services required, cost of labor), it is only necessary that these facilities provide what they say they will provide.

Beneath the friendly and warm welcome to arriving residents (who are accompanied by their family), though, is just the beginning of what could be a traumatic and painful experience: a fact, by the way, in many nursing homes where emotional, physical, financial and sexual abuses and many forms of neglect are committed by the employees themselves or by the victim’s co-residents, but who are only coerced by, again, the employees.

Some examples of acts of neglect that residents are made to suffer include failure to provide hygienic care, delay in treating or non-treatment bedsores, failure to provide needed medical care or attention, being denied of food, delay is providing needed assistance, and so forth.

Many Louisville nursing home residents, despite the pains they may be going through, rather decide to remain silent. And many of those who resorted to silent reached their breaking point and just decided that they can neither handle nor accepts things anymore.

It is important that family member become sensitive to changes in their loved ones who have been in a nursing home (regardless of length of time). Often, their silence will tell much more about their sufferings in the hands of their abusers. With even just a faint hint of abuse, it may be necessary to consult with a seasoned nursing home malpractice attorney who will definitely know how to interpret signs in elders, what to ask and what others signs to look for which will confirm acts of abuse.

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Degrees of Burn Injuries

Burn injuries can occur in a variety of ways, from incidents at home to more serious explosions in the workplace. Common ways an individual could receive a burn would be through scalding hot liquid, open flame exposure, or excessive sun exposure. Chemical and electrical burns require immediate medical attention.

First-degree burns, or superficial burns, are the least severe type. These usually result in redness and irritation of the skin. There may be minor inflammation and pain, but the injury is confined to the outer most layer of skin. These wounds heal within 3-6 days, usually accompanied by dry or peeling skin. These are the most frequent types of burns.

Second-degree burns are more serious and reach deeper than the epidermis. Blisters and sores often form in addition to the redness and irritation of a first-degree burn. Sometimes the sores will pop and cause the skin to look wet. These types of injuries require bandaging and frequent changing of these bandages to promote proper healing. The healing process can take upwards of three weeks and result in scarring.

Burn injuries generally refer to third-degree burns, the most severe type. These burns infiltrate through the skin and can affect the bloodstream, major organs, and bones. The extensive damage these types of burns cause often lead to there being little to no pain because of the loss of nerve function. Skin can look waxy, white, charred, dark brown, raised, or even leathery. Third-degree burns have a longer recovery time.

Burn injuries can cause severe physical, emotional, and psychological pain. Many burn injuries are work related or due to the negligent activities of another party. If you or a loved one is suffering from a burn injury due to a negligent party, consult an attorney in your state to discuss your legal options.

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Dog Owners Responsibilities on Dog Bites

Personal injury claims regarding dog bites may depend on the state you are living in, and what laws they follow. There are generally two types of laws when it comes to dog bites: the “one bite” and strict liability. When filing a personal injury claim, consult with a lawyer first to determine the extent of the damage and know which laws apply in your state and situation. Failure to do so may only waste time and money on your part.

If you are in Nashville, Tennessee, you may be in luck when you have been a victim of a dog bite. Laws in the state make dog owners liable for injuries or damage that their pets cause, notwithstanding the animals’ past behavior. The law states that anyone who has been bitten by a dog in a place where they have legal right to be can hold the dog owner responsible for the injury caused by their pet. However, the law further specifies that the dog owner shall be held liable if the injury occurred in the property that the dog owner owned or controlled, or if the victim was in the area but was bitten outside the property after being chased by the dog.

There are defenses that the dog owner can use to protect their rights and content their side, therefore it helps to have a lawyer help you make a personal injury claim. Because dog bite statues differ, as there others that specifically apply to dog bites only while others apply to other types of animals, it is vital to understand how the state’s law will work on your case. If you have employed the help of a personal injury lawyer for your dog bite claim, it would be easier to win the case due to the present evidence. Oftentimes, the defendant also prefers to settle the case outside of court.

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Da Vinci’s Safety Record is “Exemplary,” Intuitive Says

“The ‘Apple’ of the medtech sector.” This is how Suraj Kalia, a Northland Capital analyst, described Intuitive Surgical’s robot, the da Vinci Surgical System. Intuitive believes that the robot is the answer to some of the inadequacies of open surgery, such as fast recovery and fewer blood losses.

Since its release in the year 2000, sale of the robot, which costs $1.5 million each, has continued to increase, while surgeries where it has been used has already climbed to 450,000 last year. Though doctors, who are seated a few feet away from the patient as they operate the robot through the use of consoles, miss that tactile feel (actual feeling the tissues in their hands during surgery), the enlarged 3-D and clear vision, without the pool of blood, compensates for everything.

Despite the growing concerns about the robot’s safety and the reported adverse events involving it, surgeons, worldwide, agree that, in the hands of well-trained or well-experienced surgeon, the machine is generally safe. Intuitive even stated that the robot’s safety record is unquestionably “exemplary,” considering the millions of yearly surgical procedures where it is used.

Nevertheless, some people have sustained severe injuries at the hands of inexperienced or ill-trained da Vinci operators. If you or someone you know has been hurt because of a robotic surgery mistake, you may be able to hold the responsible party accountable through a lawsuit.

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The Costs of Personal Injury and Car Accidents

It is all fun and games until someone loses an eye….or an arm…or a life. We have all heard it before: “tragic car accident injures two, kills one,” or “drunk driver hits pedestrian, paralyzed for life.” The headlines are eye-catching, but in the end it is just a story and no more real than the movies we watch. You only realize how truly devastating it can be when it becomes your story.

The costs of personal injury due to car accidents are much more than financial, although this is the in-your-face aspect of any physical condition. Non-pecuniary costs include mental anguish and diminished quality of life. How can you put a price on happiness? This is made much worse when a car accident is the result of the negligence or carelessness of a third party.

No matter how careful one is when behind the wheel, there are still other drivers to think about. When car accidents are caused by the negligent behavior of another person, such as drunk driving or speeding, then it is just right that you receive compensation for the costs of personal injury from car accidents due to negligence. It is not always easy to come up with a number that will truly do justice to the loss and damage that has been caused by the irresponsible behavior of others.

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Robotic Surgery: Medical Malpractice or Product Liability?

When one gets injured while under the surgical knife, the first thing that comes to mind is medical malpractice. But what if the knife was actually being wielded by a robot? This is more likely to fall under product liability if the injury is a result of a manufacturing or design defect rather than surgical error.

Science fiction has once again become simply science with the growing popularity of robotic surgery. There are many advantages to using robots in surgery. Aside from the wow factor, robot arms don’t get tired even after hours of surgery, so there are fewer accidents that happen on the operating table. Using robots also allows surgeons to be more precise when they work, which is important when dealing in micro-millimeters rather than centimeters. It also makes invasive procedures less so by requiring smaller incisions.

The technology has been around for some time, and many hospitals are jumping on the bandwagon because it looks good on their brochures to offer such high technology options to their patients. Unfortunately, there are some bugs to the technology that has led to some serious injuries to patients. The most well-known robot assistant in surgery is the da Vinci surgical system manufactured by Intuitive Surgical Inc., which is being sued by at least 25 patients for a variety of injuries caused by burns. Although it may be intimidating to go against such a big company, taking legal action in such cases is the responsible thing to do.

According to the website of Jeff Sampson, these cases are considered product liability lawsuits. Product liability is an area of law that focuses on protecting people from dangerous products. These products could be poorly designed, malfunctional, defective, or mislabeled. When they cause undue injury to ordinary people, their manufacturers can be held accountable.

It is also posited that some of the problems that may accrue from robotic surgery is related to the steep learning curve from using the technology. Doctors are simply not trained well enough to use the technology effectively, and robotic surgery is not yet well regulated. Patients who are considering robotic surgery should do their research regarding the need for such precise surgery, the consequences, and the expertise of their surgeon with the technology before consenting to the procedure.

If you have already sustained injuries due to robotic surgery, consult with a personal injury in your area to determine if your case falls under medical malpractice or product liability. Your lawyer will know how to proceed depending on the findings.

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Compensation for Truck Accidents Resulting in Disability/Disability Benefits

The aftermath of truck accidents is never pretty, especially when it involves the large ones like an 18-wheeler. However, it is usually the smaller vehicle that bears the brunt of the damage, and its driver and passengers often end up injured or dead. This is why licensing for truck drivers and other commercial drivers are more stringent than for ordinary folks; they have to be better drivers and more responsible because trucks can cause a lot more damage than a regular car.

When an accident happens because a truck driver is over-fatigued or simply careless, this is considered negligent behavior and renders both the truck driver and the trucking company liable for providing compensation for any injuries or deaths that may result. If a victim of this negligence is so seriously hurt that they are unable to work temporarily or permanently, compensation may also be forthcoming for disability via disability benefits.

Truck accident lawyers such as Habush Habush & Rottier S.C. ® in Wisconsin are very familiar with the devastating effects of such an event. They maintain that when the cause of an accident is negligence, the victim has the right to sue for medical bills, mental and emotional trauma, and other damages especially if it results in disability.

In addition, victims of truck accidents resulting in disability can claim disability benefits from the Social Security Administration, although it is not always easy to get approval. The different disability benefits that an accident victim may qualify for depend on the disabled victim’s circumstances.

Truck accidents can be life-changing, but with the right representation, disability does not mean the end of the road for the victim. All it takes is a little time and patience, and finding the right person to help one through the legal recovery process.

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