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Recent Blog Posts
Can I Sue if I was Hit by a Car While Jaywalking?
One Sunday evening, 39-year-old Jerry Stern was riding his bike on a popular woody path. When he neared the end of the path, instead of turning around, he walked with his bicycle across Interstate 10 when a Toyota minivan drove up behind him struck him as he was crossing. The driver was traveling eastbound on I-10 when he hit the victim, who died at the scene. The cab driver is not injured but is under investigation pending the results of blood and alcohol tests.
What if I am Hurt by a Motor Vehicle?
Drivers have a duty to drive safely and lawfully. If traffic laws do not apply, the driver has the responsibility to act reasonably and prudently under the circumstances. Failure to do this is negligence, and you deserve to be compensated for your injuries.
If the driver who hit you was negligent, this means that he or she failed to drive safely and responsibly. Common mistakes negligent drivers make include:
Could Back Pain After an Accident Mean a Serious Injury?
In 2016, a 43-year-old man Gilbert Wood III filed a lawsuit for more than $25,000 against the estate of former Tommy Reuter, the driver of a pickup truck that crashed into Wood's tractor-trailer. Woods suffered serious injuries to his neck, vertebrae, tailbone, both wrists, and the connective tissue surrounding his spine, including the tendons, muscles and nerves. According to a news article from The Athens Messenger, Reuter drove the pickup truck down Route 33 directly into the path of the tractor-trailer that Woods was driving. After the impact, both vehicles became immersed in flames. According to the lawsuit, Woods was operating the tractor-trailer lawfully by driving in the proper lane and within the speed limit, but alleges that Reuter was negligent.
Serious Back Injuries can Happen Anywhere
Protecting Young Children From Slip and Fall Injuries
If you are the parent of a young child, you know how frequently they fall. In fact, falls are the most common cause of non-fatal injuries for children between the ages of birth and 19. You can reduce your child's chance of being injured in a slip and fall by taking safety precautions in your home, such as:
Keep Stairways Clear and Secure
Stairs are one of the most dangerous tripping hazards for people of all ages. Two obvious ways to reduce your child's chances of slipping and falling on the stairs are keeping the steps clear of clutter and making sure the stairs and the handrail are maintained properly and fixed promptly when necessary. Another way to protect young children from falling on stairs is to block the stairs off with baby gates.
Preventing Falls From Windows
Do not rely on a screen to keep your child safe from falling out a window. Your child can fall out of an opening as small as six inches, so take steps to ensure that he or she never has the opportunity to. If you have double-hung windows, open them from the top instead of the bottom to prevent falls. Other options include installing a window guard and installing a stop that prevents the window from being opened more than a few inches.
What Kind of Car Accident is the Most Deadly?
Any car accident can be deadly. Whether a car accident results in fatalities depends on a variety of factors, including the speed at which it happened, the angle at which it happened, whether the drivers and passengers in the vehicles were wearing seat belts, the age and overall fitness levels of the drivers and passengers, and whether there were additional issues that made the collision worse, like a slick roadway.
When a victim dies in a car accident, his or her loved ones can pursue monetary compensation for their damages related to the death through a wrongful death claim. Additionally, any individual injured in a collision can pursue compensation for his or her damages through a personal injury claim.
Head-on Collisions are the Most Deadly
There are a few different types of collision. These include:
Lyft Sued by Widow for $1 Million in Wrongful Death Car Accident
Kelly Wenzel, wife of Robert Wenzel, has filed a wrongful death lawsuit against the rideshare company Lyft for compensation of more than one million dollars. One Saturday evening in April of 2016, Robert Wenzel was killed on his motorcycle by an illegally stopped car driven by a Lyft driver. The accident occurred on a generally busy road, where Wenzel's attorney says Wenzel crashed after a truck driving in front of him abruptly swerved to the left, revealing the Lyft driver in a Honda Civic who had stopped for its passengers. Wenzel then lost control of his motorcycle and hit the curb of the road, striking a wooden utility pole. 31-year-old Robert Wenzel was found dead at the scene.
Lyft spokesperson Alexandra LaManna released a short statement after the announcement of Wenzel's death saying, "Our heartfelt sympathies are with the family and loved ones affected by the accident. We are available to assist the authorities in their investigation."
Why Summer is the Most Dangerous Time of Year for New Drivers
The 100-day span from Memorial Day to Labor Day is often known as the “100 Most Dangerous Days for Teen Drivers.” This is because statistically, this is the time of year when teenage drivers are most likely to be involved in car accidents and suffer injuries. In the summer, teen driver deaths are about 15% higher than they are during other times of the year.
There are a few reasons why teen car accidents spike during the summer months, and there are a few ways that you, as a parent of a teenage driver, can reduce your child's chance of being involved in one.
More Young Drivers are on the Road with More Young Passengers in Their Cars
Perhaps the most obvious reason why teen drivers are more likely to be involved in car accidents in the summer is that there are simply more teen drivers on the road in the summer.
With school out of session, more young drivers are on the road throughout the day.
Newlyweds Sue Hospital for Medical Malpractice Over Sick Daughter
A newlywed couple is suing two Cooley Dickinson Hospital (CDH) doctors over an alleged improperly performed birth that left their newborn daughter permanently injured with cerebral palsy. The couple filed the lawsuit in early 2016 in the Hampshire Superior Court. According to the lawsuit, the doctors, Jay Sprong and Lisa Stephens, neglected to explain the risks of a vaginal birth after a previous Cesarean delivery (c-section).
The newborn's mother was admitted to Cooley Dickinson Hospital in 2013. She alleges that when her water broke, one of the doctors told her she could continue with a vaginal birth without mentioning any risks to her baby. The infant, however, showed signs of cardiac distress with her heart rate dropping as low as 50 beats per minute. The lawsuit points out that the doctors should have called for a c-section delivery.
The court pleadings explain that the mother's uterus ruptured, allowing baby girl to “float in a blood-filled abdominal cavity.” According to the pleading, this is because the doctors neglected the signs that the baby was in distress.
Can a HIPAA Violation Lead to a Medical Malpractice Lawsuit?
In Illinois, the lead plastic surgeon Dr. Shah of A New You clinic in Cook County will potentially pay $50,000 for grossly violating a woman's privacy by intentionally posting pictures of her breast augmentation online and causing her emotional distress.
The woman, who has chosen to be identified only as Jane Doe, visited the suburban clinic on an early afternoon in December to speak to Dr. Shah about a tummy tuck and a breast augmentation surgery. During the consultation, Jane Doe agreed to have the surgery, where Dr. Shah took photos of her exposed breasts with an iPhone to document the progress of her surgery. Although Jane Doe had signed a consent form during her consultation expressing that she did not want her photos used for public advertising, the clinic posted her pictures on their website anyway. The woman says she immediately recognized herself from the "highly distinctive freckle pattern on her chest which is easily recognizable by friends and family" and has been "humiliated" by the release of the photos, suffering "intense fear that her close family members" would discover them. The photos were up for an entire year before the she discovered them.
What Kinds of Injuries can My Child Suffer During Birth?
Birth injuries due to physician negligence can have long-lasting, even permanent, effects on a child's quality of life. When a child is injured before, during, or shortly after birth because of a medical professional's negligence, his or her parents may pursue compensation for their related damages through a medical malpractice claim.
Below are a few common birth injuries associated with physician negligence. These are not the only injuries a child can suffer at birth. Others include Bell's Palsy, subconjunctive hemorrhaging, and caput succedaneum.
Broken Bones and Soft Tissue Injuries
A newborn can suffer broken bones and soft tissue injuries anywhere in his or her body due to rough handling by the medical professionals attending the birth or because of conditions like shoulder dystocia, which occurs when one of a baby's shoulders is trapped behind the mother's pubic bone during birth.
What is Informed Consent?
Before you can have a medical procedure performed, you must provide the doctor with informed consent. This is because you have bodily autonomy, the right to control what happens to your body. Many medical procedures carry some level of risk of adverse side effects or complications, and a key component of bodily autonomy is having the right to decide for yourself whether a specific medical procedure's benefits outweigh these risks.
Obtaining a patient's informed consent before performing a procedure is part of the standard of care for everything a doctor does. In most cases, performing a procedure without obtaining the patient's informed consent beforehand is an act of medical malpractice.
Required Steps for Obtaining Informed Consent
To obtain a patient's informed consent to a procedure, a doctor must: