5 Disturbing Cases of Medical Malpractice

When we visit a hospital or doctor’s office, we’re putting a lot of trust into a stranger and expect that we will be handled with professionalism and care.  Unfortunately, there are many times that doctors or hospitals are negligent and can make a mistake that leads to injury or even death.  When this happens, many pursue a medical malpractice lawsuit.  Here are 5 disturbing cases of medical malpractice:

 

  1. Dana Carvey’s Surgeon Bypasses The Wrong Artery

 

Many know Dana Carvey from Saturday Night Live.  Back in 1998, after worsening chest pains, Carvey realized he had restricted blood flow to his heart.  He underwent multiple surgeries, including a double bypass operation.  But the chest pains continued.  After returning to a doctor, they realized why: his surgeon had bypassed the wrong artery.  Carvey settled his medical malpractice suit for $7.5 million and thankfully went on to have a successful procedure done by a different surgeon. Source.

 

  1. Surgeons Forget Their Tool Inside A Patient

 

After removing a large malignant tumor, Donald Church still said he was in excruciating pain after the surgery.  At first, the doctors said that it was normal post-operation pain, but he found out the real reason roughly 2 months later: his surgeons had left a 13-inch long metal, malleable retractor behind.  The hospital took full responsibility and awarded Church $97,000.  Source.

 

  1. Wrong Leg Amputated

 

In 1995, after a diabetic patient was admitted to a hospital for a leg amputation, surgeons mistakenly amputated the wrong leg.  He later had to have his remaining leg amputated as well.  The hospital settled for $900,000 with an additional $250,000 settlement with the surgeon. Source.

 

  1. Man On Life Support Passes After Ingesting Ketchup Packets, Plastic Bags

 

A man was placed in an assisted living situation after suffering from a Traumatic Brain Injury in a car accident.  After just one month, he began vomiting and passed away; the autopsy revealed he had ingested ketchup packets, candy wrappers, plastic bags, and paper towels which had blocked his airway.  The assisted living home not only knew of his propensity to ingest foreign objects before, but they also boasted 24 hour surveillance of all patients.  His family was awarded $11 million.  Source.

 

These are unfortunately one of many stories of hospitals or medical facilities acting negligently and causing harm.  While it’s impossible to eliminate all risk during procedures, you have legal options to consider if you are injured.  Contact Needle & Ellenberg, P.A., who has a proven track record of recovering compensation for their clients if you have been harmed during a medical procedure.

How Will Chiropractic Expenses be Covered after Slip and Fall Injury?

A common type of personal injury is when someone has a slip and fall accident. They are quite common due to the fact that they can happen anywhere. There are many factors that may contribute to a slip and fall: wet floors without the appropriate signage, poorly constructed stairwells, and broken flooring are just a few. When you have suffered an injury as the result of a slip and fall, you may decide that it is appropriate to file a personal injury claim. This is when a person has sustained physical injuries and suffered financially from an accident that was sustained from a negligent property owner.

Requesting Compensation for Damages

There are two methods that are often used when trying to prove that the medical expenses you are attempting to recover were from the accident that you suffered from. Common ways to prove this are by providing a medical bill detailing out your expenses and including detailed medical documentation from your chiropractor. It is vital that you have documentation detailing the medical treatment that was received to prove the need for chiropractic medicine. Without these important documents, you could be denied compensation.

Chiropractic Care

You may be required to seek treatment from an experienced chiropractor such as the Chiropractor Gaithersburg, MD locals have been trusting for years. Soft tissue injury occurs when your muscles and/or tendons are damaged as the result of a strain. A chiropractor who specializes in the type of treatment you require can provide relief to a victim suffering from pain or an injury due to a slip and fall accident.

Documentation detailing your injuries, and the care you received from your chiropractor, can be useful information for your personal claim. Records from your chiropractor will include the treatment you received to alleviate symptoms incurred from the injury. Utilizing the medical records from your treatment as part of your personal injury claim will help to prove your case.

It is important that before settlement is reached, you have completely recovered from the slip and fall injury. This is important because most injuries settle before they ever go to trial, if you are not completely healed prior to settlement, you could receive additional medical expenses that you will not be compensated for through the settlement. For injury claims, receiving chiropractic care is considered an acceptable form of medical treatment. An attorney well versed in personal injury may be of service to you in the event that you have to justify chiropractic treatment.

advanced wellness systems pain arthritis relief center A personal thanks to our authors at Pain & Arthritis Relief Center for their insight into Chiropractic care.

When Workers’ Compensation Insurance is Not Enough

Workers’ compensation laws have been put in place in one form or another in all 50 states. Regardless of who caused a workplace accident, workers compensation insurance is intended to protect workers when they’re injured on the job. The general rule is that workers’ compensation is an employee’s sole and exclusive legal remedy when injured on the job.

Benefits and Compensation

How much an injured employee might receive in workers’ compensation benefits depends on the nature and extent of his or her injury. Along with medical bills and lost earnings, five other types of compensation are payable. Those are:

  • Temporary total disability for when the injured employee is unable to work
  • Temporary partial disability for light duty work at a lower pay rate
  • Permanent partial disability for actual physical loss
  • Permanent total disability
  • Vocational rehabilitation benefits

Should an injury suffered at work leave an employee completely disabled and unable to work, that employee might be in a position to receive a sum equal to about two-thirds of his or her weekly wage for life. That might seem like fair and just compensation, but if that worker was earning $36,000 a year, he or she will fall $900 short at the end of every month. That’s when workers’ compensation just isn’t enough.

Third Party Claims

A notable exception to workers’ compensation benefits as an injured employee’s sole and exclusive remedy is when the employee is injured as a result of the negligent act of a third party who wasn’t a co-employee or employer. For example, an employee of ABC Carpentry might be severely injured at work as a result of the negligence of an electrician employed by XYZ Electric. When that happens, the injured carpenter is allowed to collect workers’ compensation benefits while maintaining a civil personal injury lawsuit against XYZ Electric and its employee at the same time.

A variety of damages not contemplated by workers’ compensation laws can be sought in that personal injury lawsuit example. Those include but aren’t limited to pain and suffering, mental anguish and loss of a normal life. When added up with other damages, an award in a personal injury lawsuit can significantly exceed benefits payable through workers’ compensation.

The Workers’ Compensation Lien

The law doesn’t allow a person to have two damage recoveries for the same injury. By virtue of that rule of law, the employer maintains a lien on any sums derived through a settlement or verdict in the personal injury case. For example, if the employer’s insurer paid out $125,000 in workers’ compensation benefits, it’s entitled to the first $125,000 of proceeds derived in the personal injury case. Under what’s known as the “fund doctrine,” it must pay attorney fees to the law firm that created the fund from which it’s being reimbursed. The insurer might also agree to be reimbursed a sum that’s substantially less than its total lien. Those funds can be passed on to the injured employee.

A successful third party action might be a seriously injured employee’s financial lifeline. When an attorney, like the Glendale workers compensation lawyers employees can count on, represents an individual who suffered severe injuries at work, he or she must conduct a full and complete investigation as to whether or not a viable third party claim exists.

Hickey and Turim Attorney at LawThanks to our friends and contributors from Hickey & Turim S.C. for their insight into workers compensation cases.

Separate Pedestrian Accidents Take the Lives of Three Relatives

 

Long Island resident Pauline Aluska, 54, was hit and killed by a hit-and-run-driver in the Village of Lindenhurst, New York, as she went to visit the area of the highway where John Aluska, her older brother, was struck and killed by a hit-and-run motorist two years earlier. According to the New York Post, the Aluska family experienced even more tragedy, as the late siblings’ sister-in-law Diane Aluska was killed in May in the same town when she pushed her 16-year-old daughter out of the path of a senior driver.

Ken Aluska, brother to both of the deceased siblings and widower of Diane, was stunned by the news, saying he was just starting to shake off the shock of losing his wife. According to Ken, his sister Pauline was retired and planning to move to Florida in the fall. On the Sunday night before her death, Pauline told her brother she wanted to visit the area of highway where John, a retired Metropolitan Transportation Authority worker, died in 2015 at the age of 61. Pauline, a retired supermarket worker, was athletic and looking forward to enjoying sports and the outdoors in the warm climate of Florida.

The Suffolk County Police report that the body of Pauline was discovered just under a quarter-mile from where her brother was hit just after midnight. They never identified the driver who took the life of John Aluska two years earlier and are still looking for him or her, and they are also seeking the driver in this recent tragic accident.

Karen Quinn, a longtime resident of Lindenhurst who alerted the police after John was hit two years ago, said the senseless loss of life was devastating. According to Quinn, the 54-year-old victim crossed the street at the same spot where her brother died.

After the death of John and the passing of 18-year-old Brittany Walsh, who was struck and killed by a drunk driver in the same area years earlier, area residents began to lobby the New York State Department of Transportation (NYSDOT) about the highway, where the posted 40mph signs are often ignored by drivers. On top of that, residents also say the area has many blind spots. NYSDOT determined that more lights were needed after a review, but the equipment installation has only begun recently.

Quinn added the lights were not installed fast enough. Residents have been asking for them for years, and earlier installation may have saved Pauline Aluska’s life.

Residents and the Aluska family are asking the drivers who hit John and Pauline to turn themselves in to local law enforcement. Anyone with any information on either of these accidents is also encouraged to contact the Suffolk County Police Department as soon as possible.

Pedestrian accidents have been on the rise across the nation, partly because of the increase of distracted drivers on the road. If you or a loved one has been injured in a pedestrian-auto accident, talk to an experienced auto injury attorney about your case such as the car accident lawyer Denver CO locals trust.

Richard Banta LawThanks to our authors at Banta Law for their insight into Personal Injury.

 

Public Transportation Accidents

Public transportation is used everyday by thousands of people. However, like with all types of transportation, there is always the risk of accidents. Accidents on public transportation systems happen more often than you think and can result in serious injuries. If you were injured in a public transportation accident, you may be overwhelmed and unsure of what next steps to take.

While some public transportation accidents are due to unforeseen circumstances, many others are due to negligence. This means that the person operating the mode of public transportation didn’t act responsibility and caused injuries in the passengers. The employees who run the trains and busses have a responsibility to get their passengers to their destinations safely. If they don’t do this and injuries occur, the victims have the right to sue for compensation.

Many different factors can lead to public transportation accidents, such as improper maintenance, driver fatigue, distracted driving and speeding.

In general, the personal injury lawsuit has to be filed against the transportation authority responsible for the public transit system due to vicarious liability. This means entities and businesses are held responsible for the actions of their employees.

If you suffered injuries in a public transportation accident, you may want to contact an experienced car accident attorney such as the Car Accident Lawyer Fort Collins, CO locals trust. He or she can examine your case and give you legal advice on the best way to proceed. A skilled attorney can protect your right and fight hard to get you the compensation you deserve. Your injuries have likely resulted in medical bills, lost wages and other losses, so you deserve to be compensation for all of this.

During your initial consultation with a car accident attorney, he or she will ask several questions about your case, such as how the accident happened and what types of injuries you suffered. It’s important to answer each questions truthfully and with as much detail as possible. If you have any evidence pertaining to the accident, such as medical records or witness statements, do not forget to bring them with you.

If you have any questions of your own, don’t be afraid to ask them. For example, you may want to know how many public transportation accidents cases a lawyer has handled in the past and where he or she went to law school.

Many car accident lawyers offer free initial consultations, so you do not have anything to lose by speaking to one.

Cannon Hadfield Stieben LawA special thanks to the Authors at Cannon, Hadfield, Stieben, LLC for their expertise into Personal Injury Law.

Abused in an Assisted Living Home: Do I have a Claim?

Assisted living facilities provide a great option for elderly people who want to maintain their independence but can’t do certain tasks on their own anymore, such cooking or driving. Residents of assisted living facilities can enjoy many different activities, socialize with others and receive assistance whenever they need it.

Assisted Living Facilities Come With Negatives

It may be hard to believe, but abuse does happen in assisted living facilities. There have been several cases where residents have suffered physical, sexual, financial and psychological abuse from assisted living facility staff members. Neglect can also occur in assisted living facilities. If there are not enough staff members in an assisted living facility, residents might not receive their medication, be fed a healthy diet and even suffer from bedsores and other ailments.

Legal Options for Assisted Living Facility Abuse

It is important to recognize signs of possible abuse in your family member. If your loved one has unexplained bodily damage or harm, seems depressed or living in unsanitary conditions, it’s time to be contact an experienced professional such as the Nursing Home Attorney Alexandria VA locals trust. Confront your family member with your findings and ask him or her if anything is wrong. Your loved one might try to deny anything is wrong to keep you from worrying. Let your family member know that you love him or her and that he or she can tell you anything. If your loved knows that you are truly worried, he or she might be more willing to tell you what has been going on.

If you believe your family member is being abused at an assisted living facility, do not wait to hire legal help. An experienced attorney can stop the abuse at once and help your loved one receive compensation for his or her pain and suffering.

Contact an Attorney for Assistance

Assisted living facility abuse is a serious matter and should not be taken lightly. That’s why it’s crucial to hire a skilled attorney as soon as possible. An attorney can help you collect evidence and launch an investigation on the assisted living facility right away. The attorney you work with can also identify and speak to medical expert who can serve as witnesses. It was not fair what happened to your family member and he or she deserves justice. An experienced attorney can improve your family member’s chances of obtaining compensation for the abuse.

Fred Brynn LawA special thanks to our Author at Fred Brynn Law for their insight into Elder Abuse Law.

Legal Malpractice: What You Need to Know

When you have had a real estate transaction fall apart or lost a personal injury or divorce case, you may feel like your attorney did not properly do their job and adequately represent your interests. While it can be frustrating and discouraging to have lost the case, you may file a claim against your attorney for legal malpractice. However, you need to keep in mind that not every mistake can be considered malpractice, and if you fail to prove that, you may face legal repercussions.

What is Legal Malpractice?

Similar to any other form of malpractice, legal malpractice refers to negligent actions or situations where an attorney fails to perform their duty as per the standards and codes of professional and ethical conduct. Not winning the case or getting the expected outcome is not enough to establish legal malpractice, however, if the attorney should have violated the Model Rules of Professional Conduct of the American Bar Association, you may have a valid claim.

How a Legal Malpractice Claim Works

To bring a legal malpractice action due to your attorney’s negligence, you will first have to establish that they did not provide the minimum standard of care acceptable within the law. A few examples of negligent actions that may lead to a legal malpractice claim include:

  • Failing to collect, assess, or prepare evidence needed to support your case
  • Not keeping you properly informed about your case or failing to seek authorization to carry out certain actions
  • Not submitting documents within the deadline so that they can be used in meetings or hearings
  • Committing professional or ethical violations, such as fee and billing abuses
  • Engaging in a conflict of interest

Even if you are able to establish that your attorney was engaged in wrongful conduct or committed legal ethics violations, you may not recover compensation unless you can prove that you incurred monetary losses due to the legal malpractice.

Proving Legal Malpractice

If your attorney has made serious mistakes in handling your case, you may consider filing a claim for legal malpractice with a personal injury lawyer Delray Beach CA trusts. Unfortunately, winning a legal malpractice case is quite difficult. Essentially, you must prove four basic things to win a malpractice case:

  • Duty: The attorney owed you a duty to provide you with legal services up to a minimum standard
  • Breach of Duty: The attorney breached that duty – they made a mistake, was negligent in their actions, or did not work as they agreed to do.
  • Causation: The breach of duty or wrongful conduct hurt you financially
  • Damages: You incurred monetary losses as a result of their malpractice

In other words, you must first prove that the attorney did not handle your case properly and made errors during the process. Then you must establish that the underlying case would have been won if the attorney did not mishandle it. Finally, you must prove that you suffered financial losses which you could have recovered from the defendant if the attorney won the case for you.

The statute of limitations for a legal malpractice is generally one year, but it may vary from state to state. It is best that you work with a skilled attorney and ask them to review the facts thoroughly to know whether you have a legal malpractice claim against your former lawyer.

The Law Office of Eric H. Luckman, P.A.Thanks to our friends and contributors from The Law Office of Eric H. Luckman, P.A. for their insight into legal malpractice.

Physician’s Credentials

Checking Your Physician’s Credentials

Today patients face a daunting task- deciding on their physician’s competence, experience, prior complaints, education, training, etc. The internet gives a patient a powerful tool to look behind the fluff and shine of a well written website touting credentials and examining the facts.

Most states today make this information freely available. Florida is among many states that publicly post practitioner profiles providing education, training, hospital privileges, financial responsibility basics, and most importantly- links to discipline and closed insurance claims against the physician.  The Department of Health’s Practitioner Profile Search and Florida’s MPL Claims.  Entering your state and “practitioner profile” into your search engine will bring up a wealth of online government data about the particular physician.

In addition to governmental resources, patients can confirm specialty board certification by linking to the American Board of Medical Specialties (“ABMS”) which makes available a wealth of information about what physicians must do to meet the standards of a certified specialist: http://www.abms.org/ . As a rule, I would recommend that patients choose physicians who have gone to the trouble of passing the rigorous written and oral examinations to become certified in their chosen medical specialty. While no guaranty of bedside manner it is a minimum indication of knowledge as determined by a physician’s peers. Failing to qualify for medical board certification should be a “red flag” to the patient to look deeper into a physician’s training, experience, and complaints.

Finally, most patients are probably aware that simply entering the physician’s name into a search engine will bring back the locations of several sites where general credentials are described and patient ratings are aggregated. Health Grades, https://www.healthgrades.com ; Vitals http://www.vitals.com ; and Web MD http://doctor.webmd.com are just a few of these sites. Beware however, that patient reviews are subjective and represent only a small sample size of a physician’s patients and experience and are more representative of motivated patients than overall objective competence and should be taken with a large grain of salt.

Quick Tips For Motorcyclists In The Winter

Motorcyclists are almost always at a higher risk than other vehicles on the road when it comes to accidents. Plenty of motorcyclists live in areas where winter weather is more temperate and therefore they may be more prone to keep riding their bikes throughout the colder months. Even if you live in a region where snow and ice isn’t as common, it’s still a good idea to be prepared for winter weather conditions when you’re riding a motorcycle.

Below are a few tips to keep in mind when you are driving in winter weather conditions like snow, ice, sleet, rain, and fog.

Basic Driving Tips 

Some simple driving tips for motorcyclists can apply all year round:

  • Do not drive when you are tired.
  • Do not drive after consuming alcohol or controlled substances — including prescription drugs — that may impair your ability to control your vehicle.
  • Wear proper safety gear, such as a helmet, even if your state laws do not mandate it.
  • Make sure your tires have the proper amount of air.
  • Be wary of road hazards, such as potholes, which may compromise the stability of your motorcycle.

Tips For Driving In Snow, Ice, and Freezing Rain

Driving in winter weather conditions can be even more dangerous for motorcyclists. Winter storms can begin very quickly, sometimes leaving drivers little time to plan their driving routes. If you know that a storm is likely to begin, avoid driving your motorcycle until the weather clears. If you find yourself driving through difficult weather conditions, make sure to take extra care.

  • Drive at a reduced speed when necessary, and brake slowly. Motorcycles are lighter in weight than other vehicles and a small amount of snow or ice on the road could easily cause your bike to lose balance.
  • Never stop your vehicle while driving uphill.
  • Follow other cars at a safe distance and be careful when splitting lanes.
  • Keep your gas tank at least half full if the weather gets below freezing.

Contact an Attorney If You’re Injured in an Accident 

If you’re injured in a motorcycle accident — no matter what time of the year it is — it may be wise to contact an experienced motorcycle accident lawyer Las Vegas NV trusts for legal counsel. You may be eligible for financial compensation if you experienced losses due to someone else’s negligence.

At our firm, we want our neighbors, friends, and clients to be as safe as possible while the weather is colder. However, if you happen to get involved in an accident, a personal injury attorney from our firm would be happy to speak with you about filing a claim.


NvMThanks to our friends and contributors from Nadia von Magdenko & Associates for their tips on riding in the winter.

The danger of a bicycle crash on a carbon frame bike

Having a bicycle crash on a carbon bike is not like having an accident on a steel or aluminum bike.  Steve Harrelson of the Harrelson Law Firm knows about bicycles.  Having competed in numerous century rides around the country (including multiple finishes in both the Big Dam Bridge 100 and the Hotter’N Hell 100), Steve has been involved in and has seen numerous crashes.

Carbon frames and components

Unlike steel or aluminum, carbon does not bend in crashes. While carbon is lighter, stronger, and more flexible, the bikes will shatter in a violent collision, hurling the rider to the road and exposing the rider to more serious injuries.  Further, even if the carbon does not shatter in a crash, it may have cracked, causing the rider to be riding on a ticking time bomb.  That’s not something you want to think about while riding downhill at 40 mph.

Carbon components

Secondly, consider foregoing carbon spokes on wheels.  If a piece of gravel flies up off the road from the car or rider in front of you and hits a spoke, it can cause a catastrophic chain reaction that could lead to serious injury.  Carbon components are lighter and stronger, but you also need to consider safety.  Carbon spokes are one component that you should definitely pass on.  While carbon forks may be a more difficult issue to consider, they also are susceptible to cracking in accidents, and the fork is one of the most important components on the bicycle for safety.

The lighter the bike

The goal for most cyclists is to have the lightest bicycle possible.  Lighter generally means thinner carbon walls on the frame and components.  While ultra-light bicycles are enticing and attractive to help shave time off your next 100-mile ride, you should also consider safety issues in the event of a crash.  Yes, carbon is stronger than aluminum or steel, but thinner carbon walls in ultra-light bikes can translate to shattering in lower-impact crashes.  Further, we still do not know the perils of issues carbon frames may face after being exposed to the elements over extended periods of time.

For these reasons, if you have been involved in a bicycle accident due to the fault of someone else, it is imperative to hire a veteran litigator and experienced personal injury lawyer Texarkana trusts who has been involved in representing cyclists.


SHThanks to Steve Harrelson from Harrelson Law Firm P.A. for his added insight into the dangers of carbon frame bicycles in bike accidents.