Blog Posts in July, 2015

  • Misdiagnosis & Delayed Diagnosis

    If a delay or failure to diagnose a disease has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis, medical professionals could be held liable. These professionals are held to a specific standard of care and are supposed to work within reason of that. Many doctors are trained to think and act in a “differential diagnosis” sort of way; ...
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  • What if my Accident Injuries Don't Show up Right Away?

    Every day, people all around the United States are involved in car accidents. Sometimes when the accident seems very minor, they don’t notice any symptoms of injury right off the bat. When a car accident occurs, you could be given a heightened level of excitement when your body reacts by generating adrenaline and endorphins. This will give you a sense of increased energy and, in some cases, a lack ...
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  • The Role of the Insurance Adjuster in an Injury Claim

    First of all, what is an insurance adjuster? In a personal injury case, you will typically file first thing against someone who you believe was responsible for your accident. The negotiation process will begin somewhere within that timeline with a claims adjuster for that person’s liability insurance company. The case may be referred to a firm of independent adjusters, as most companies do not ...
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  • Proving Fault in Personal Injury Accidents: General Rules

    Making a Determination of Legal Liability Most accidents occur because somebody was being careless, or negligent as it is referred to in legal terms. One must make a determination of liability, which is who is legally responsible for covering your injuries (or at fault). There is a basic rule that applies to each accident situation: One person involved in an accident is typically less careful than ...
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  • Defective Drugs: Vioxx

    What is Vioxx? It is a non-steroidal anti-inflammatory drug and a prescription painkiller that was first approved by the FDA for official use in 1999. Merck & Co. was the manufacturer of the drug but the drug was said to be mired in scandal. 80 million patients initially used the drug and had no idea that it was jeopardizing their health at all. 2004 Withdraw The Food and Drug Administration (FDA) ...
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  • Surgical Errors and Medical Malpractice

    To understand if you have a case, you first have to understand the basics of medical malpractice. So, what is medical malpractice? When you are undergoing a medical treatment of any kind, that treatment has to adhere to an accepted medical standard of care, and the sub-standard treatment must result in harm to you for you to have a possible case. So what standard of care needs to be followed? ...
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  • Most Common Vehicle Accident Injuries

    Based on specifics from the National Highway Traffic Safety Administration (NHTSA), over three million people are injured each year in vehicle accidents across the country. Individual circumstances surrounding the accident will determine specifically what injuries a victim may sustain. However, there are some injuries that are more common than others when it comes to a car accident. The two ...
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  • Is Your Personal Injury Settlement Taxable?

    After a personal injury case is settled, you may ask yourself: What happens next? In some cases, people will receive their compensation quickly, aside from the contingency fee that they owe to an attorney. In other cases, tax issues may pop up regarding the personal injury settlement. Is compensation for physical injury taxable? As a general rule, it is instilled that compensation received from ...
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  • Assault and Battery: Personal Injury Claims

    Assault and battery may feel like the same thing when you see them appear in a news report – however, they are really two separate crimes. They are both intentional torts that form the basis of a lawsuit being seen in civil court. Below, you can find out the differences between the two and what kind of case you may have. Assault Assault is any intentional act that is meant to cause harmful contact ...
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  • Who is at Fault for my Car Accident? FAQ

    It is a scary truth that, at any given point in a person’s life, they may be involved in a car accident. But, if you are involved in a car accident, where do you turn next? How do you determine who is at fault? This helpful guide may come in handy for answering questions you may have before you are able to speak to an attorney. Who is legally liable for the accident? In general, insurance ...
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  • Defective Drugs: Accutane

    Accutane is an acne medicine that hit the markets in the 1980s from manufacturer Roche Pharmaceuticals. It became a best-selling prescription drug for being hailed by dermatologists as a breakthrough treatment for patients suffering from severe acne. What does the drug do? Its chemical composition resembles retinoic acid, which is a compound derived from Vitamin A. The drug is for patients who do ...
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  • If You Are Discharged Too Soon, Is It Medical Malpractice?

    If you are in the hospital for any reason, an early discharge can cause as much damage as any medical mistake potentially could. Many patients in a hospital setting have serious medical conditions and, upon discharge, a doctor would not be able to respond immediately to any problems that arise in the patient’s health and wellbeing. But what constitutes an early discharge case? Medical malpractice ...
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  • Personal Injury Claims: When You Need a Lawyer

    You may have heard it once before: Lawyers can be expensive. However, there are benefits to having a lawyer represent you in your case; they have the experience that you wouldn’t typically on your own, and can be very worth the money you must pay them to represent you. You may need to look into a lawyer depending on your case if there are complex legal rules surrounding your claim or because the ...
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  • Personal Injury Claims: Notifying The Responsible Parties

    If you have been injured in a personal injury accident, it is a very responsible idea to notify anybody who was involved. At this point, it is not a matter of who was at fault, but simply thinking about who might have been at fault concerning your possible claim. In the beginning, you will not have to give the people involved or their insurance companies any detailed information about the accident ...
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  • Defective Drugs: Provigil

    Provigil, also known as modafinil, is a stimulant that has a use of helping patients who suffer from sleep disorders such as shift work disorder, narcolepsy, and obstructive sleep apnea/hypopnea syndrome. The exact mechanism of how this drug works is generally unknown, but CNS stimulants are known to increase alertness and wakefulness. CNS stimulants can also cause insomnia, nervousness, and ...
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  • Malpractice In The Emergency Room

    To understand why injuries sometimes occur in the emergency room, one must understand negligence. Negligence refers to a doctor who fails to provide the quality of care that other reasonable competent doctors would have provided in a similar circumstance. If a patient wishes to demonstrate that negligence occurred in a medical malpractice lawsuit, they must prove the standard of care and a breach ...
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  • Timeline For a Personal Injury Lawsuit

    In some cases, people are left with the unfortunate news that they are unable to get fair settlement for their personal injury case. In that case, they may need to follow through with a lawsuit. It is important not to be discouraged because your case could take some time to resolve. Civil litigation typically takes a long time and it could even take several years from the date of your injury until ...
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  • Settling Your Personal Injury Claim FAQ

    Why is it important for me to settle my personal injury claim? After an accident, you have the legal right to pursue compensation for your injuries and your losses through the court system. Typically, there are insurance policies in place that are designed to cover your losses. These insurance providers will normally prefer to pay you a settlement amount in return for your agreement not to pursue ...
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  • Getting Your Medical Records After an Injury

    There are many different reasons why somebody may want to access their medical records, one of which could include being involved in a personal injury case and knowing that these records could be a key element in your case. The extent of your injuries may end up in dispute or you may need to prove that your accident caused your injuries. You have a right to obtain your medical records, but how do ...
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  • Bicycle Recalled

    Bicycles Recalled by SR Suntour Due to Crash Hazard On June 24, 2015, Bicycles with SR Suntour bicycle forks were recalled due to a hazard that involved the bolt that attached the upper part of the bicycle’s fork to the lower part of the fork. This could break or separate, which could cause the front wheel to come off the bicycle and pose a crash hazard for riders. The recall includes about 68,000 ...
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  • Defective Drugs: Yaz / Yasmin

    Yaz and Yasmin birth control pills, manufactured by drug company Bayer, have undergone scrutiny over the past few years for complications they can cause to patients. Though they have never been formally recalled, stringent reviews were called for concerning the pills so that federal regulators could get a better view into what could be done about complications caused by them. Lawsuits have sprung ...
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  • Common Malpractice Errors By Doctors and Hospitals

    When do medical malpractice cases typically arise? Most of the time, they will come when a patient is harmed by a doctor or nurse who fails to provide proper health care treatment. The good news is that these mistakes are often times made only in a small amount of cases; however, in this small amount of cases, certain errors are more likely to happen than others. What many people need to keep in ...
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  • Understanding Statute of Limitations

    In the case of a personal injury claim, you may want to take your specific state’s statute of limitations into consideration. What is a statute of limitation in a state? This is a state law that is known to set a strict time limit on filing a personal injury lawsuit through a court. All states have these specific deadlines and if that deadline expires, your lawsuit will be dismissed in almost ...
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  • Negligence, Duty of Care, and Fault for Accidents

    A very important thing to understand is negligence and what exactly it entails. In most cases that arise from a person sustaining an accident or injury, there is a known basis for holding a person or company legally responsible from resulting harm, which is known as negligence. When someone acts in a careless way and causes an injury to another person, under negligence, that person is held legally ...
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  • $13,500,000.00

    HIGH SPEED REAR END COLLISION – CATASTROPHIC BRAIN INJURY

    A car was rear-ended at high speed on a freeway exit, causing the bumper to be pushed into back seat where a 22-year- old ...

  • $6,000,000.00

    DELIVERY TRUCK ACCIDENT – AMPUTATION & BRAIN INJURY

    National package delivery truck driver veered from his lane of traffic to on-coming lane and hit head on, drove up, and over ...

  • $4,250,000.00

    MOTORCYCLIST STRUCK BY VAN—SEVERE LOWER LEG INJURY

    A school van turned left in front of a motorcyclist, nearly taking off his lower left leg. The accident resulted in a serious ...