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Posts made in September, 2013

Medical Malpractice Suits Curb the Threat of Bankruptcy

Posted by on Sep 21, 2013 in Medical Malpractice, Personal Injury | 0 comments

Working as a medical professional is a high pressure job for numerous reasons. Not only is the well-being of their patient largely dependent upon their knowledge and actions, but they are also held accountable by insurance and pharmaceutical bureaucracies. Insurance agencies can help curb high surgical and prescription costs for patients. However, whenever a patient needs constant attention the cost of medical costs can be financially crippling. Patients who have been the victim of medical malpractice are often entitled to financial compensation in order to help curb medical costs, even bankruptcy. According to the website of Pohl & Berk, LLP, medical malpractice happens when the accepted quality of medical care hasn’t been met, causing injury or wrongful death to the patient. “Accepted quality of care” means to say that most reasonable doctors would agree that the care offered to the patient was adequate and competent.

Some common forms of medical malpractice include, but are not limited to, wrong diagnosis, delayed treatment, improper treatment, lack of informed consent, surgical errors, emergency room errors, pharmaceutical errors, wrongful death, and hospital negligence. These are often mistakes that no reasonable hospital should make. Imagine the amount of neglect that would have to occur for a person to make a mistake as heinous as amputating the wrong limb from a patient or prescribing the wrong medication.

The Texas Medical Board allows Texas patients to report medical incidents and research physicians’ history. The intention of the Texas Medical Board is to keep the Texas health industry accountable so that the public can make informed decisions about their healthcare. At their meetings, based on reported violations, the board administers disciplinary action against doctors. These disciplinary actions span from suspensions, revocations, cease and desist orders, orders due to impairment, inadequate medical recording, criminal behavior, quality of care orders, and non-therapeutic prescribing. In the fall of 2013, 41 doctors spanning across the state were disciplined. The most common disciplinarian action taken by the Texas Medical Board is to hand out quality of care orders.

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Railway FELA & Construction Workers’ Comp

Posted by on Sep 13, 2013 in Construction Accidents, Employment Law, Personal Injury, Workers' Compensation | 0 comments

The railroad industry is a lucrative business for many American laborers. According to the Association of American Railroads, people working in the railroad industry enjoy jobs ranging from engineers, dispatchers, law information, information technology, and industrial development. In addition to offering comprehensive benefit packages to workers, many railway companies are committed to employing veterans through the Joining Forces initiative.

Railroading jobs often demand high levels of physical exertion from their employees. The physically demanding setting of railways, coupled with the comparatively high potential of injury justifies the attractive benefits package included in railway workers’ compensation packets. The Federal Employers Liability Act (FELA) is a worker’s compensation act exclusively available to railway workers.

According to the website of the attorneys at Hach & Rose, LLP some high-damage accidents that occur on railways are head-on train collisions, derailment, crossing signal malfunction, platform gaps, excessive speed, non-operating tracks, mechanical failures, and boiler explosions. FELA protects victims of severe accidents including railway workers and their families. FELA cases are negligence-based, which requires the situation to be the fault of the railway company. Families are able to collect compensation for pain and suffering as well as lost wages when a worker suffers from a severe injury or even death.

Railway companies are responsible for maintaining the safest environment possible for rail workers in the same way that property managers and general contractors are responsible for providing well-marked working conditions for construction workers. According to the website of attorneys at Hach & Rose, LLP electrical lines should be marked clearly and powered down appropriately, natural hazards should be marked within the property, tools and vehicles should be operated properly, slip and fall hazards should be eliminated, and dangerous chemicals should not be present at a work site. When these maintenance requirements are violated property managers can often be held liable for injuries sustained by workers.

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Work Injury and Reconstructive Surgery

Posted by on Sep 8, 2013 in Personal Injury, Workers' Compensation, Wrongful Death | 0 comments

In worst case scenarios, accidents can cause serious harm to victims. Occupations like construction work or railway maintenance are physically trying on the body. In addition to this day-to-day wear and tear on the muscles, working as a laborer puts workers at a higher risk of sustaining a severe work-related injury.  The website of the Pete Leehey Law Firm, P.C. mentions that many of the reported work-related injuries are caused by repetitive motion or unsafe worksites. Workers often suffer from knee, neck, shoulder, and back pain as a result of this repetitive motion.

In 2012 Michael Simermeyer was killed when working on a construction site. A frayed cable caused a tractor crane to collapse which crushed him. Recently, in August of 2013, his parents have collected one million dollars from Yonkers Insurance for neglecting to monitor and maintain the operating condition of the crane. Workers compensation initiatives are put in place in order to protect workers in high-risk environments. In cases like the Simermeyer family’s, the families of work-site victims can sometimes collect benefits from the party at fault in a wrongful death lawsuit.

When a victim survives a traumatic accident, the recovery process is a very important timeline to honor. In order to heal, continual rest, nourishment, and rehabilitation are necessary. Workers are entitled to a higher amount of money for a longer amount of time if an injury like an amputation occurred as a result of the property management’s negligence.

Money paid to injured workers is intended to cover multiple costs. Since injured workers can’t work as a result of the employer’s negligence, they are still entitled to the payment they would receive had the injury never occurred. In addition to this payment, they are entitled to financial compensation for medical costs. Worksite victims may need reconstructive surgeries like a rhinoplasty or expensive prosthetic equipment that they shouldn’t be responsible for purchasing out-of-pocket.

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Burns & Personal Injury

Posted by on Sep 5, 2013 in Burn Injuries, Personal Injury | 1 comment

Fire and hot liquid are the two most common burn-inducing agents. In addition to thermal burns, people can receive chemical, electrical, and radiation burns. According to the website of the Law Offices of Paul Levin, many accident-related burns are the result of a defective product, a car accident, or a construction accident. Electrical burns are a common risk at construction sites when power lines are exposed.

Recently in June of 2013, Boston construction worker Antonio Deponte was working at a local middle school when he was shocked on a power line and fell one story. He sustained burn injuries to his forearm as well as some head trauma. After the initial incident he was treated at a local Boston hospital and was said to be in fair condition. The website of Pohl Berk says that when workers are injured in the workplace, the property manager or contractor can often be held legally accountable for allowing the workers to proceed in a dangerous work environment. This is because there are laws that protect workers from being in unreasonably dangerous situations.

Chemical burns can damage human skin when a strong acid or base permeates through the dermis tissue. These burns are unique because they do not always need a heat source to cause damage. Contrary to thermal burns and electrical burns, chemical burns do not necessarily always cause immediate harm or damage, but they certainly can cause immediate harm.

In July of 2012 Brian Johns, a worker for the Dow Chemical Company in Deer Park, Texas was severely burned when an ammonia recycling unit exploded. He lived for some time after the explosion, but did not ultimately survive the burns that covered most of his body. His family is still seeking money from Dow Chemical over a year later because the casing around the ammonia recycling unit hadn’t been replaced in order to save the company money. Hiring a lawyer in the wake of tragic accidents allows the family to focus their energy on healing while lawyers handle the technicalities of pursuing financial compensation. This can come through preparing a lawsuit in hopes of reaching either a settlement or a jury verdict.

According to the website of the Atlanta truck accident attorneys with the Ausband Law Firm, burn injuries are possible during an accident with a commercial truck. If you have been hurt by a burn injury caused by someone else’s negligence, you shouldn’t have to suffer alone.

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Cerebral Palsy & Medical Malpractice

Posted by on Sep 3, 2013 in Birth Injuries, Cerebral Palsy, Medical Malpractice | 0 comments

The website of The Driscoll Firm mentions that nearly three out of every one-thousand babies born in the United States are diagnosed with cerebral palsy. Cerebral palsy is a term given to a large group of disorders that primarily affect motor skills. Less commonly, cerebral palsy affects brain function. However, in the cases where cognition is affected, the patient faces a more severe and rehabilitation-intensive life.

The different types of cerebral palsy are spastic, dyskinetic, ataxic, athetoid, hypnotic, and mixed. Of the different types of cerebral palsy, spastic cerebral palsy is the most common, occurring in nearly seventy percent of all cases. Typically, the most prevalent symptom of spastic cerebral palsy is muscle tightness. Nerve receptors in the spine are unable to receive brain signaling which then leads to muscle tightness or spasm.

While exact factors and causes for cerebral palsy can be difficult to understand for medical professionals, it is widely considered to be a congenital disease. Premature infants are at a higher risk in developing cerebral palsy as they are often more vulnerable to respiratory complications. Asphyxia, hypoxia of the brain, can be linked closely to the development of cerebral palsy.

In addition to birthing complications, the development of cerebral palsy can sometimes be detected before the child’s birth. In the cases where early prevention could occur, the development of cerebral palsy can often be linked to medical malpractice. According to the website of Massachusetts injury lawyers Crowe & Mulvey, LLP, common medical malpractice mistakes are misdiagnosis, late diagnosis, surgical errors, and anesthesia errors. Medical negligence can have enduring consequences like birth defects or and conditions such as cerebral palsy. Families are entitled to monetary benefits if the doctors are responsible for birthing problems.

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