Malpractice Liability for Midwives

via Tumblr hobbsr04.tumblr.com/post/127809967312 Many mothers have extolled the virtues of midwives before, during, and after giving birth. And in the past few years, the number of expecting mothers using midwives has hit record highs. The vast majority of births using midwives are healthy, for both mother and child. But if something does go wrong, can midwives be liable for malpractice? Midwife Malpractice In many states, midwives must be licensed, and the midwife licensing requirements and laws for each state can vary. As licensed professionals, midwives can be sued for malpractice if they are negligent in their care. Proving negligence during midwife care can be challenging. You will have to demonstrate that midwife was the cause of the injury. A professional malpractice claim against a midwife will have many of the same elements as a medical malpractice claim. Just like licensed doctors, midwives owe their clients a duty of care, and if they fail to meet this standard, they can be sued if the failure results in an injury. And like any malpractice claim, there are time limits to filing a lawsuit, so the first steps in a malpractice case are essential. Malpractice Insurance All midwives are encouraged to carry malpractice insurance, which can cover them in cases of alleged malpractice. There are several options of malpractice insurance policies and sources or professional liability coverage available to midwives, depending on the size of their practice and relative risk. Filing an injury claim against a midwife may mean dealing with his or her malpractice insurance company. Without malpractice insurance, a midwife could be liable for all legal expenses and money damages resulting from a malpractice claim. If you or your child have been injured during birth with a midwife, you may want to discuss your legal options with an experienced injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Call the Midwife (The Atlantic) New Parent Checklist (FindLaw) Medical Malpractice: Documents Checklist (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/malpractice-liability-f... via Blogger hobbsr04.blogspot.com/2015/08/malpractice-liability-for-m...

via Flickr http://www.flickr.com/photos/87814799@N02/20772218679

Malpractice Liability for Midwives

Many mothers have extolled the virtues of midwives before, during, and after giving birth. And in the past few years, the number of expecting mothers using midwives has hit record highs.

The vast majority of births using midwives are healthy, for both mother and child. But if something does go wrong, can midwives be liable for malpractice?

Midwife Malpractice

In many states, midwives must be licensed, and the midwife licensing requirements and laws for each state can vary. As licensed professionals, midwives can be sued for malpractice if they are negligent in their care. Proving negligence during midwife care can be challenging. You will have to demonstrate that midwife was the cause of the injury.

A professional malpractice claim against a midwife will have many of the same elements as a medical malpractice claim. Just like licensed doctors, midwives owe their clients a duty of care, and if they fail to meet this standard, they can be sued if the failure results in an injury. And like any malpractice claim, there are time limits to filing a lawsuit, so the first steps in a malpractice case are essential.

Malpractice Insurance

All midwives are encouraged to carry malpractice insurance, which can cover them in cases of alleged malpractice. There are several options of malpractice insurance policies and sources or professional liability coverage available to midwives, depending on the size of their practice and relative risk.

Filing an injury claim against a midwife may mean dealing with his or her malpractice insurance company. Without malpractice insurance, a midwife could be liable for all legal expenses and money damages resulting from a malpractice claim.

If you or your child have been injured during birth with a midwife, you may want to discuss your legal options with an experienced injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Call the Midwife (The Atlantic)
• New Parent Checklist (FindLaw)
• Medical Malpractice: Documents Checklist (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/malpractice-liability-for-midwives.html

Robotic Surgery Injury Lawsuit FAQ

via Tumblr hobbsr04.tumblr.com/post/127740466367 According to a recent study, the use of surgical robots has been linked to 144 patient deaths and 1,000 injuries. Many of these injuries and deaths have already spawned a series of robot surgery lawsuits. So how do these lawsuits work, where are they now, and where might they be headed? What Are Surgical Systems? Many robotic surgical systems use mechanical arms to reduce the risk shaky human hands missing their mark. Many systems provide a clear line of sight to the operating area that allows surgeons to operate from a seated position, lessening fatigue due to lengthy surgeries. How Are People Injured? According to a paper on robotic surgery, the most common accidents are: Broken or burned robotic parts falling into patients’ bodies Uncontrolled movements and spontaneous powering on/off of the machines Electrical sparks, unintended charring, and damaged accessory covers Loss of quality video feeds and/or reports of system error codes How Can Injured People Sue? The majority of surgical robot lawsuits are product liability claims, alleging the medical device is defective in its design or manufacturing process. If the surgeon misused the surgical system, an injured patient could have a medical malpractice claim. If enough people are injured by the same robotic system or defect, they could file a class action lawsuit against the manufacturer or seller. What Should I Do If I’ve Been Injured by a Surgical Robot? All injury claims have time limits on when an injured party can sue for damages, known as the statute of limitations. These time limits can be different in cases of wrongful death. So it’s important for patients who’ve been injured during robotic surgery to get as much information as soon as possible. Your first steps after an injury may be your most important. If you or a loved one has been injured by a robotic surgical system, you should talk to an experienced injury attorney about your case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Robotic Surgery Involved in 144 Deaths in 14 Years (NBC News) Defective Medical Devices (FindLaw) 3 Medical Device Lawsuits to Understand (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/robotic-surgery-injury-... via Blogger hobbsr04.blogspot.com/2015/08/robotic-surgery-injury-laws...

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Robotic Surgery Injury Lawsuit FAQ

According to a recent study, the use of surgical robots has been linked to 144 patient deaths and 1,000 injuries. Many of these injuries and deaths have already spawned a series of robot surgery lawsuits.

So how do these lawsuits work, where are they now, and where might they be headed?

What Are Surgical Systems?

Many robotic surgical systems use mechanical arms to reduce the risk shaky human hands missing their mark. Many systems provide a clear line of sight to the operating area that allows surgeons to operate from a seated position, lessening fatigue due to lengthy surgeries.

How Are People Injured?

According to a paper on robotic surgery, the most common accidents are:

• Broken or burned robotic parts falling into patients’ bodies
• Uncontrolled movements and spontaneous powering on/off of the machines
• Electrical sparks, unintended charring, and damaged accessory covers
• Loss of quality video feeds and/or reports of system error codes

How Can Injured People Sue?

The majority of surgical robot lawsuits are product liability claims, alleging the medical device is defective in its design or manufacturing process. If the surgeon misused the surgical system, an injured patient could have a medical malpractice claim. If enough people are injured by the same robotic system or defect, they could file a class action lawsuit against the manufacturer or seller.

What Should I Do If I’ve Been Injured by a Surgical Robot?

All injury claims have time limits on when an injured party can sue for damages, known as the statute of limitations. These time limits can be different in cases of wrongful death. So it’s important for patients who’ve been injured during robotic surgery to get as much information as soon as possible. Your first steps after an injury may be your most important.

If you or a loved one has been injured by a robotic surgical system, you should talk to an experienced injury attorney about your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Robotic Surgery Involved in 144 Deaths in 14 Years (NBC News)
• Defective Medical Devices (FindLaw)
• 3 Medical Device Lawsuits to Understand (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/robotic-surgery-injury-lawsuit-faq.html

Trending Personal Injury Questions From FindLaw Answers

via Tumblr hobbsr04.tumblr.com/post/127652895262 You’ve got questions … we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that. We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards: 1. I was injured in a car accident caused by a drunk driver pulling out of a bar parking lot. I found out later the driver had been drinking heavily at the bar for more than 4 hours before getting behind the wheel. I’m going to sue the driver, but can I also sue the bar? The answer to this poster’s question depends on the state in which the accident took place. Most states have dram shop laws that make a drinking establishment liable for serving alcohol to an intoxicated person who subsequently injures or kills someone while under the influence of alcohol. These laws generally determine fault according to the “obvious intoxication” test, which requires that the patron be visibly and obviously intoxicated in order for the business to be held liable. Since dram shop laws vary from state to state, it’s a good idea to consult with a local personal injury attorney to get a free case evaluation. 2. I just found out my daughter is being bullied by several classmates on Facebook. The things they’re posting are so mean-spirited and cruel, and my daughter is absolutely devastated. Can I take any legal action? As a result of growing awareness and a number of high-profile tragedies, “cyberbullying” is now a rapidly evolving area of law. Many states have enacted cyber harassment laws that criminalize cyberbullying. However, as of today, the law still leaves parents to take much of the initiative by filing civil claims against the school or the bullies’ parents. Since so much depends on state-specific law and the details of the individual case, the Answers Community suggested the poster consult with a personal injury attorney or education attorney to determine the family’s best legal recourse. 3. Should I hire an attorney to handle my personal injury claim? Or should I go ahead and file it on my own? Even though this poster doesn’t give us many details, this is a great question — one that comes up pretty frequently. Every case is different, but the decision to hire a lawyer generally depends on the scope and size of the injury. If the injury and corresponding damages are small, plaintiffs usually go to small claims court. Since small claims courts are designed to settle disputes quickly and efficiently, many plaintiffs go forward with claims without an attorney (and some states even prohibit attorney representation in small claims court). If the claim involves a more serious injury, the case is likely to be significantly more complicated and involve litigation. Since the average person could be quickly overwhelmed by unfamiliar rules and court procedures, it’s generally a good idea to retain a personal injury lawyer to help guide the case smoothly from beginning to end. If you find yourself in this situation, consider getting a free case evaluation from a local personal injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Top Personal Injury Legal Questions From FindLaw Answers (FindLaw’s Injured) Reasons To Hire An Experienced Personal Injury Attorney (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/trending-personal-injur... via Blogger hobbsr04.blogspot.com/2015/08/trending-personal-injury-qu...

via Flickr http://www.flickr.com/photos/87814799@N02/20284775023

Trending Personal Injury Questions From FindLaw Answers

You’ve got questions … we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

1. I was injured in a car accident caused by a drunk driver pulling out of a bar parking lot. I found out later the driver had been drinking heavily at the bar for more than 4 hours before getting behind the wheel. I’m going to sue the driver, but can I also sue the bar?

The answer to this poster’s question depends on the state in which the accident took place. Most states have dram shop laws that make a drinking establishment liable for serving alcohol to an intoxicated person who subsequently injures or kills someone while under the influence of alcohol. These laws generally determine fault according to the “obvious intoxication” test, which requires that the patron be visibly and obviously intoxicated in order for the business to be held liable. Since dram shop laws vary from state to state, it’s a good idea to consult with a local personal injury attorney to get a free case evaluation.

2. I just found out my daughter is being bullied by several classmates on Facebook. The things they’re posting are so mean-spirited and cruel, and my daughter is absolutely devastated. Can I take any legal action?

As a result of growing awareness and a number of high-profile tragedies, “cyberbullying” is now a rapidly evolving area of law. Many states have enacted cyber harassment laws that criminalize cyberbullying. However, as of today, the law still leaves parents to take much of the initiative by filing civil claims against the school or the bullies’ parents. Since so much depends on state-specific law and the details of the individual case, the Answers Community suggested the poster consult with a personal injury attorney or education attorney to determine the family’s best legal recourse.

3. Should I hire an attorney to handle my personal injury claim? Or should I go ahead and file it on my own?

Even though this poster doesn’t give us many details, this is a great question — one that comes up pretty frequently. Every case is different, but the decision to hire a lawyer generally depends on the scope and size of the injury.

If the injury and corresponding damages are small, plaintiffs usually go to small claims court. Since small claims courts are designed to settle disputes quickly and efficiently, many plaintiffs go forward with claims without an attorney (and some states even prohibit attorney representation in small claims court).

If the claim involves a more serious injury, the case is likely to be significantly more complicated and involve litigation. Since the average person could be quickly overwhelmed by unfamiliar rules and court procedures, it’s generally a good idea to retain a personal injury lawyer to help guide the case smoothly from beginning to end. If you find yourself in this situation, consider getting a free case evaluation from a local personal injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Top Personal Injury Legal Questions From FindLaw Answers (FindLaw’s Injured)
• Reasons To Hire An Experienced Personal Injury Attorney (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/trending-personal-injury-questions-from-findlaw-answers-2.html

Can Religious Hospitals Deny Procedures?

via Tumblr hobbsr04.tumblr.com/post/127579605562 The battle over religious freedom has gone from arts and crafts stores to marijuana churches, and is now spilling over into religious hospitals: a Redding, California woman was denied a medical procedure based on a hospital’s religious affiliation. Is this even legal? If hospitals can deny certain medical procedures, can they refuse to care for certain patients as well? Denial of Medical Procedures Mercy Medical Center told Rachel Miller that it would not allow her doctor to perform a tubal ligation (a sterilization procedure known as “tying the tubes”) after she is scheduled to give birth at the hospital in late September. The Catholic hospital, owned by Dignity Health in San Francisco, said, “it is not our practice to provide sterilization services at Dignity Health’s Catholic facilities.” Mercy quickly changed course in the face of publicity and an impending sex-discrimination lawsuit, but as ACLU attorney Elizabeth Gill noted, Miller “is just one of many women who risk being denied care because Catholic bishops are telling medical professionals how to operate.” Mercy’s general counsel admitted withholding pregnancy-related care could amount to sex discrimination under California law, but emphasized the hospital would never “violate the (Ethical and Religious Directives) and repudiate (the hospital’s) Catholic identity.” Federal and State Hospital Law So what happens if Mercy, or another one of Dignity Health’s catholic hospitals, refuses medical treatment or a procedure based on its religious beliefs? After all, the hospital prohibits abortion, contraception, sterilization for both men and women, and reproductive-assistance technology like in vitro fertilization. While there are federal laws that require hospitals to provide stabilizing care to anyone determined to have an emergency medical condition, there is no law requiring all medical facilities to provide all medical procedures. As Miller’s case demonstrates, it could come down to a state or city’s sex discrimination laws to protect patients seeking specific medical services. Considering some 15 percent of hospital services are provided by Catholic institutions and the emergence of Religious Freedom Restoration Acts as a tool to deny services, similar cases are bound to crop up. If you’ve been denied medical treatment or a medical procedure, an experienced injury attorney may be able to help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Mercy to perform tubal ligation after ACLU threatens suit (Record Searchlight) 5 Things You Need to Know About Checking Into a Hospital (FindLaw’s Law and Daily Life) Patient Rights Basics (FindLaw) from Injured blogs.findlaw.com/injured/2015/08/can-religious-hospitals... via Blogger hobbsr04.blogspot.com/2015/08/can-religious-hospitals-den...

via Flickr http://www.flickr.com/photos/87814799@N02/20257847474

Can Religious Hospitals Deny Procedures?

The battle over religious freedom has gone from arts and crafts stores to marijuana churches, and is now spilling over into religious hospitals: a Redding, California woman was denied a medical procedure based on a hospital's religious affiliation.

Is this even legal? If hospitals can deny certain medical procedures, can they refuse to care for certain patients as well?

Denial of Medical Procedures

Mercy Medical Center told Rachel Miller that it would not allow her doctor to perform a tubal ligation (a sterilization procedure known as "tying the tubes") after she is scheduled to give birth at the hospital in late September. The Catholic hospital, owned by Dignity Health in San Francisco, said, "it is not our practice to provide sterilization services at Dignity Health's Catholic facilities."

Mercy quickly changed course in the face of publicity and an impending sex-discrimination lawsuit, but as ACLU attorney Elizabeth Gill noted, Miller "is just one of many women who risk being denied care because Catholic bishops are telling medical professionals how to operate." Mercy's general counsel admitted withholding pregnancy-related care could amount to sex discrimination under California law, but emphasized the hospital would never "violate the (Ethical and Religious Directives) and repudiate (the hospital's) Catholic identity."

Federal and State Hospital Law

So what happens if Mercy, or another one of Dignity Health's catholic hospitals, refuses medical treatment or a procedure based on its religious beliefs? After all, the hospital prohibits abortion, contraception, sterilization for both men and women, and reproductive-assistance technology like in vitro fertilization.

While there are federal laws that require hospitals to provide stabilizing care to anyone determined to have an emergency medical condition, there is no law requiring all medical facilities to provide all medical procedures. As Miller's case demonstrates, it could come down to a state or city's sex discrimination laws to protect patients seeking specific medical services. Considering some 15 percent of hospital services are provided by Catholic institutions and the emergence of Religious Freedom Restoration Acts as a tool to deny services, similar cases are bound to crop up.

If you've been denied medical treatment or a medical procedure, an experienced injury attorney may be able to help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Mercy to perform tubal ligation after ACLU threatens suit (Record Searchlight)
• 5 Things You Need to Know About Checking Into a Hospital (FindLaw's Law and Daily Life)
• Patient Rights Basics (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/08/can-religious-hospitals-deny-procedures.html

If Your Car Gets Hacked, Are You Liable for a Crash?

via Tumblr hobbsr04.tumblr.com/post/127516244767 Internet connected cars were just the next logical step in tech, giving us access to all of our friends, music, and communications from behind the wheel. But that was before the Great Car Hacking Scare of 2015. Ever since a couple hackers showed how easy it was to mess around with the controls and disable a Jeep Cherokee, owners of the latest and greatest in automotive technology have been worried about their own rides getting hijacked by a far-off laptop. But is your car really in danger of being hacked, and if it is, who would be liable if you got into a car accident? You Car accident liability starts with the driver, so you would need to show that your car was definitely hacked and that you took all the necessary precautions to keep from getting hacked. For instance, in response to the Jeep hack, Fiat Chrysler Automobiles recalled 1.4 million vehicles to deal with “remote manipulation” of connected vehicles. If you were aware your car was vulnerable to hackers and didn’t abide by the recall or take steps to prevent it, you could be on the hook in an accident. Hackers The hackers themselves could face civil and criminal liability for causing an accident. Nearly every state has computer crime laws that make accessing secure networks and computers a crime. In addition, if the accident resulted in injuries or death, the hackers could be charged with reckless endangerment or more serious offenses. Hackers could also be sued for damages under theories of recklessness or for intentional torts. Of course, applying criminal or civil liability to the presumed car hackers would mean somehow tracking them down in the first place, which may be difficult. Car Manufacturers Finally, auto makers themselves could be held liable for accidents if they knew or should have known their cars could be hacked. Product liability holds companies responsible for keeping consumers safe from potential hazards. In this instance, Fiat Chrysler was quick to recall cars as soon as it learned of the vulnerability. But if an accident occurred first or happens with another hacked vehicle, and the company making and selling the car had any idea of the hacking vulnerability, it could be held liable for the accident. You may want to consult with an experienced injury attorney if you’ve been involved in a car accident. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Motor Vehicle Accidents (FindLaw’s Injured) Car Accident Liability: Proving Fault in a Car Crash (FindLaw) Your Rights: Defects, Repairs, and Lawsuits (FindLaw) from Injured blogs.findlaw.com/injured/2015/08/if-your-car-gets-hacked... via Blogger hobbsr04.blogspot.com/2015/08/if-your-car-gets-hacked-are...

via Flickr http://www.flickr.com/photos/87814799@N02/20234896344

If Your Car Gets Hacked, Are You Liable for a Crash?

Internet connected cars were just the next logical step in tech, giving us access to all of our friends, music, and communications from behind the wheel. But that was before the Great Car Hacking Scare of 2015. Ever since a couple hackers showed how easy it was to mess around with the controls and disable a Jeep Cherokee, owners of the latest and greatest in automotive technology have been worried about their own rides getting hijacked by a far-off laptop.

But is your car really in danger of being hacked, and if it is, who would be liable if you got into a car accident?

You

Car accident liability starts with the driver, so you would need to show that your car was definitely hacked and that you took all the necessary precautions to keep from getting hacked. For instance, in response to the Jeep hack, Fiat Chrysler Automobiles recalled 1.4 million vehicles to deal with "remote manipulation" of connected vehicles. If you were aware your car was vulnerable to hackers and didn't abide by the recall or take steps to prevent it, you could be on the hook in an accident.

Hackers

The hackers themselves could face civil and criminal liability for causing an accident. Nearly every state has computer crime laws that make accessing secure networks and computers a crime. In addition, if the accident resulted in injuries or death, the hackers could be charged with reckless endangerment or more serious offenses.

Hackers could also be sued for damages under theories of recklessness or for intentional torts. Of course, applying criminal or civil liability to the presumed car hackers would mean somehow tracking them down in the first place, which may be difficult.

Car Manufacturers

Finally, auto makers themselves could be held liable for accidents if they knew or should have known their cars could be hacked. Product liability holds companies responsible for keeping consumers safe from potential hazards. In this instance, Fiat Chrysler was quick to recall cars as soon as it learned of the vulnerability. But if an accident occurred first or happens with another hacked vehicle, and the company making and selling the car had any idea of the hacking vulnerability, it could be held liable for the accident.

You may want to consult with an experienced injury attorney if you've been involved in a car accident.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Motor Vehicle Accidents (FindLaw's Injured)
• Car Accident Liability: Proving Fault in a Car Crash (FindLaw)
• Your Rights: Defects, Repairs, and Lawsuits (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/08/if-your-car-gets-hacked-are-you-liable-for-a-crash.html

How Dangerous Is Public School for Your Kids?

via Tumblr hobbsr04.tumblr.com/post/127258309487 All parents want to protect their children and keep them safe. And with the first day of school fast approaching, many parents are wondering how safe their children’s schools are. While the vast majority of kids will attend public school injury-free, the school environment carries some risk of injury. Here are the biggest concerns: School Violence The Centers for Disease Control and Prevention (CDC), the U.S. Department of Education, and the U.S. Department of Justice have been gathering school violence data from a variety of sources. According the CDC’s most recent report, there were about 749,200 nonfatal violent incidents at school involving students 12 to 18 years old in 2012. (This is out of an approximate population of 42 million 10- to 19-year-olds.) While the risk of school violence does exist, incidents of violence remain rare. Of students surveyed from grades 9 through 12: 7 percent reported being threatened or injured with a weapon 8 percent reported being in a physical fight 19.6 percent reported being bullied on school property in the previous year Other School Injury Risks Not all school injuries occur due to bad behavior. Sometimes a student can be injured doing a positive thing, like participating in a school sport. While a recent study from the University of Denver estimated that there were around 1.3 million high school sports-related injuries in the 2012 - 2013 school year, that broke down to just 2 injuries per 1,000 athletes. Many parents are asked to sign a school sports waiver, and school sports injury lawsuits can be difficult to win. For younger children, around 30,000 playground injuries occur every year, with about half of those happening on public playground equipment. Parents may also be concerned about the safety of the school buildings and grounds themselves and about bus safety on the way to and from school. If your child has been injured at school, you may want to consult with an experienced injury attorney regarding your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Injured at School? Can You Sue? (FindLaw’s Injured) How Do You Sue a School District? (FindLaw’s Injured) Are You Required to Sign School Liability Waivers? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/how-dangerous-is-public... via Blogger hobbsr04.blogspot.com/2015/08/how-dangerous-is-public-sch...

via Flickr http://www.flickr.com/photos/87814799@N02/20775359341

How Dangerous Is Public School for Your Kids?

All parents want to protect their children and keep them safe. And with the first day of school fast approaching, many parents are wondering how safe their children’s schools are.

While the vast majority of kids will attend public school injury-free, the school environment carries some risk of injury. Here are the biggest concerns:

School Violence

The Centers for Disease Control and Prevention (CDC), the U.S. Department of Education, and the U.S. Department of Justice have been gathering school violence data from a variety of sources. According the CDC’s most recent report, there were about 749,200 nonfatal violent incidents at school involving students 12 to 18 years old in 2012. (This is out of an approximate population of 42 million 10- to 19-year-olds.)

While the risk of school violence does exist, incidents of violence remain rare. Of students surveyed from grades 9 through 12:

• 7 percent reported being threatened or injured with a weapon
• 8 percent reported being in a physical fight
• 19.6 percent reported being bullied on school property in the previous year

Other School Injury Risks

Not all school injuries occur due to bad behavior. Sometimes a student can be injured doing a positive thing, like participating in a school sport. While a recent study from the University of Denver estimated that there were around 1.3 million high school sports-related injuries in the 2012 - 2013 school year, that broke down to just 2 injuries per 1,000 athletes. Many parents are asked to sign a school sports waiver, and school sports injury lawsuits can be difficult to win.

For younger children, around 30,000 playground injuries occur every year, with about half of those happening on public playground equipment. Parents may also be concerned about the safety of the school buildings and grounds themselves and about bus safety on the way to and from school.

If your child has been injured at school, you may want to consult with an experienced injury attorney regarding your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Injured at School? Can You Sue? (FindLaw’s Injured)
• How Do You Sue a School District? (FindLaw’s Injured)
• Are You Required to Sign School Liability Waivers? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/how-dangerous-is-public-school-for-your-kids.html

5 Common Health Risks From Plastic Surgery

via Tumblr hobbsr04.tumblr.com/post/127185857372 Around 15 million people get some form of plastic surgery every year. And while everyone’s reason for cosmetic surgery may differ, many of the health risks involved in these procedures will be the same. Most cosmetic surgeries will go off without a hitch, but here are some of the most common issues you should be aware of: Infection. This is true of any surgery, and all surgeons and facilities take measures to minimize surgical and postoperative infections. Breast surgeries in particular can result in cellulitis (a skin infection) which occurs in 2-4 percent of people. Complications From Anesthesia.Some form of anesthesia is used in just about every surgery, and complications can lead to lung infections, stroke, heart attacks, and even death. Common anesthesia risks include post-procedure disorientation and grogginess, but anesthesia awareness, or waking up in the middle of surgery, can also occur. Nerve or Organ Damage.With so many nerves in the body, the potential for nerve damage is present in many surgical procedures. Plastic surgery can create numbness and/or tingling afterwards and most women experience a change in sensitivity following breast augmentation surgery including lost nipple sensation. And surgery, especially liposuction, can be traumatic for internal organs, running the risk of visceral perforations or punctures. Hematoma. A hematoma is a collection of blood outside the blood vessels. It can visibly resemble a large bruise and is the most common complication after a facelift. Hematoma can also occur in breast augmentation procedures and may require additional operations to drain the blood. Seroma. Seroma is a condition that occurs when blood plasma pools beneath the surface of the skin due to ruptured blood vessels. It is the most common complication of a tummy tuck and can result in swelling and pain. Seromas can also become infected, and may need to be drained with a needle. Some postoperative issues are unavoidable, but others could be due to medical malpractice. If you’ve had injuries following plastic surgery, you may want to consult with an experienced injury attorney. Related Resources: Have an medical malpractice claim? Get your claim reviewed for free. (Consumer Injury) Key Questions To Ask Your Plastic Surgeon Up Front (FindLaw’s Injured) Is Your Cosmetic Surgeon Properly Trained? (FindLaw’s Injured) Proving Fault in Medical Malpractice Cases (FindLaw) from Injured blogs.findlaw.com/injured/2015/08/5-common-health-risks-f... via Blogger hobbsr04.blogspot.com/2015/08/5-common-health-risks-from-...

via Flickr http://www.flickr.com/photos/87814799@N02/20556151299

5 Common Health Risks From Plastic Surgery

Around 15 million people get some form of plastic surgery every year. And while everyone’s reason for cosmetic surgery may differ, many of the health risks involved in these procedures will be the same.

Most cosmetic surgeries will go off without a hitch, but here are some of the most common issues you should be aware of:

1. Infection.
   This is true of any surgery, and all surgeons and facilities take measures to minimize surgical and postoperative infections. Breast surgeries in particular can result in cellulitis (a skin infection) which occurs in 2-4 percent of people.
2. Complications From Anesthesia.
   Some form of anesthesia is used in just about every surgery, and complications can lead to lung infections, stroke, heart attacks, and even death. Common anesthesia risks include post-procedure disorientation and grogginess, but anesthesia awareness, or waking up in the middle of surgery, can also occur.
3. Nerve or Organ Damage.
   With so many nerves in the body, the potential for nerve damage is present in many surgical procedures. Plastic surgery can create numbness and/or tingling afterwards and most women experience a change in sensitivity following breast augmentation surgery including lost nipple sensation. And surgery, especially liposuction, can be traumatic for internal organs, running the risk of visceral perforations or punctures.
4. Hematoma.
   A hematoma is a collection of blood outside the blood vessels. It can visibly resemble a large bruise and is the most common complication after a facelift. Hematoma can also occur in breast augmentation procedures and may require additional operations to drain the blood.
5. Seroma.
   Seroma is a condition that occurs when blood plasma pools beneath the surface of the skin due to ruptured blood vessels. It is the most common complication of a tummy tuck and can result in swelling and pain. Seromas can also become infected, and may need to be drained with a needle.

Some postoperative issues are unavoidable, but others could be due to medical malpractice. If you’ve had injuries following plastic surgery, you may want to consult with an experienced injury attorney.

Related Resources:

• Have an medical malpractice claim? Get your claim reviewed for free. (Consumer Injury)
• Key Questions To Ask Your Plastic Surgeon Up Front (FindLaw’s Injured)
• Is Your Cosmetic Surgeon Properly Trained? (FindLaw’s Injured)
• Proving Fault in Medical Malpractice Cases (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/08/5-common-health-risks-from-plastic-surgery.html

Car Accident During a Test Drive: Who's Liable?

via Tumblr hobbsr04.tumblr.com/post/127098550677 Maybe your search for a new car hit a bump in the road (or another car). Or maybe a prospective buyer’s “trip around the block” in your car didn’t quite go as planned. Either way, you may be wondering who is responsible for car accidents that happen during a test drive. For the most part, these car accidents will be handled like any other – with insurance. But there may be a few quirks you should be familiar with. Dealership Coverage Nine times out of ten, if you are test driving a new or used car from a dealership, the dealer will have an insurance policy that covers all of the vehicles on the lot, even if you’re off the lot when an accident happens. Accidents during test drives are extremely rare, and in many cases, even if the accident is your fault, the dealership will just cover the costs of repairs through its own insurance. However, the dealer may try to hold you liable if the accident is your fault. In that case, you can try to prove the accident wasn’t your fault or have your own insurance policy cover the damage. Most often, accidents with dealership cars are treated like accidents with rental cars. Outside Liability If the dealership refuses to cover the damages or if it’s your car in the test drive accident, claims would likely be treated like any other accident. If your car is damaged, you could submit the claim to your insurance company. Then you can try to recover from the person who was test driving it or the other driver(s) involved. In this case, the first steps after the accident may be the most important. Make sure you get as much information about the accident as possible, and document everything from the damage to the other drivers’ information. You may need all of it if the drivers involved or your insurance company contests the claim and it winds up in court. If you’ve been injured in a car accident (during a test drive or otherwise), you may want to contact an experienced injury attorney to discuss your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Young woman takes Toyota Camry out for a test drive and inexplicably crashes the car between two other vehicles at dealership (Daily Mail) Motor Vehicle Accidents (FindLaw’s Injured) What If I Am in a Car Accident With a Self- Driving Car? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/car-accident-during-a-t... via Blogger hobbsr04.blogspot.com/2015/08/car-accident-during-test-dr...

via Flickr http://www.flickr.com/photos/87814799@N02/20527661579

Car Accident During a Test Drive: Who's Liable?

Maybe your search for a new car hit a bump in the road (or another car). Or maybe a prospective buyer's "trip around the block" in your car didn't quite go as planned. Either way, you may be wondering who is responsible for car accidents that happen during a test drive.

For the most part, these car accidents will be handled like any other -- with insurance. But there may be a few quirks you should be familiar with.

Dealership Coverage

Nine times out of ten, if you are test driving a new or used car from a dealership, the dealer will have an insurance policy that covers all of the vehicles on the lot, even if you're off the lot when an accident happens. Accidents during test drives are extremely rare, and in many cases, even if the accident is your fault, the dealership will just cover the costs of repairs through its own insurance.

However, the dealer may try to hold you liable if the accident is your fault. In that case, you can try to prove the accident wasn't your fault or have your own insurance policy cover the damage. Most often, accidents with dealership cars are treated like accidents with rental cars.

Outside Liability

If the dealership refuses to cover the damages or if it's your car in the test drive accident, claims would likely be treated like any other accident. If your car is damaged, you could submit the claim to your insurance company. Then you can try to recover from the person who was test driving it or the other driver(s) involved.

In this case, the first steps after the accident may be the most important. Make sure you get as much information about the accident as possible, and document everything from the damage to the other drivers' information. You may need all of it if the drivers involved or your insurance company contests the claim and it winds up in court.

If you've been injured in a car accident (during a test drive or otherwise), you may want to contact an experienced injury attorney to discuss your case.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Young woman takes Toyota Camry out for a test drive and inexplicably crashes the car between two other vehicles at dealership (Daily Mail)
• Motor Vehicle Accidents (FindLaw's Injured)
• What If I Am in a Car Accident With a Self- Driving Car? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/car-accident-during-a-test-drive-whos-liable.html

When Can You Sue a Psychiatrist for Malpractice?

via Tumblr hobbsr04.tumblr.com/post/127010982552 Psychiatrists, like other health care professionals, can sometimes make mistakes in diagnosis and treatment. In extreme cases, you may find that your trip the psychiatrist caused you more harm than good. But can psychiatrists be sued like other doctors for medical malpractice? And how do psychiatric malpractice cases differ from other medical malpractice cases? What’s Similar About Psychiatric Malpractice Claims Like any other medical professional, psychiatrists owe their patients a certain standard of care. They can be at fault for medical malpractice if they fail to meet that standard. Instances that may result in medical malpractice include: Failure to diagnose a mental illness Erroneous or lack of treatment for a diagnosed mental illness Failure to report a threat posed by a patient In many ways, a psychiatric malpractice case will look like a standard medical malpractice claim, wherein a client or his or her attorney argues that the therapist 1) owed the patient a duty of care, 2) the therapist breached that duty, 3) the breach caused an injury, and 4) the patient thereby suffered some physical or psychological damages. What’s Different With Psychiatrist Malpractice Despite the many similarities in psychiatric and other medical malpractice claims, they can also have important distinctions. For instance, proving that a psychiatrist was negligent or acted outside the norm of his or her profession can be difficult. As the New York Supreme Court held, “When a psychiatrist chooses a course of treatment, within a range of medically accepted choices, for a patient after a proper examination and evaluation, the doctrine of professional medical judgment will insulate such psychiatrist from liability.” The court went on to note that “deviation from accepted practice can be difficult to delineate, particularly in cases involving psychiatric treatment.” Not only can it be difficult to prove a psychiatrist’s fault, it may also be difficult to ascertain damages, especially if the damage is solely psychological. If you believe that you or a loved one have received sub-standard psychiatric treatment, you should discuss your claim with an experienced injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Man Kills Mother, Father Sues for Malpractice (FindLaw’s Injured) James Holmes’ Psychiatrist May Face 14 Lawsuits (FindLaw’s Injured) When Do Therapists Have to Disclose Threats? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/08/when-can-you-sue-a-psyc... via Blogger hobbsr04.blogspot.com/2015/08/when-can-you-sue-psychiatri...

via Flickr http://www.flickr.com/photos/87814799@N02/20676753992

When Can You Sue a Psychiatrist for Malpractice?

Psychiatrists, like other health care professionals, can sometimes make mistakes in diagnosis and treatment. In extreme cases, you may find that your trip the psychiatrist caused you more harm than good.

But can psychiatrists be sued like other doctors for medical malpractice? And how do psychiatric malpractice cases differ from other medical malpractice cases?

What’s Similar About Psychiatric Malpractice Claims

Like any other medical professional, psychiatrists owe their patients a certain standard of care. They can be at fault for medical malpractice if they fail to meet that standard. Instances that may result in medical malpractice include:

• Failure to diagnose a mental illness
• Erroneous or lack of treatment for a diagnosed mental illness
• Failure to report a threat posed by a patient

In many ways, a psychiatric malpractice case will look like a standard medical malpractice claim, wherein a client or his or her attorney argues that the therapist 1) owed the patient a duty of care, 2) the therapist breached that duty, 3) the breach caused an injury, and 4) the patient thereby suffered some physical or psychological damages.

What’s Different With Psychiatrist Malpractice

Despite the many similarities in psychiatric and other medical malpractice claims, they can also have important distinctions. For instance, proving that a psychiatrist was negligent or acted outside the norm of his or her profession can be difficult.

As the New York Supreme Court held, “When a psychiatrist chooses a course of treatment, within a range of medically accepted choices, for a patient after a proper examination and evaluation, the doctrine of professional medical judgment will insulate such psychiatrist from liability.” The court went on to note that “deviation from accepted practice can be difficult to delineate, particularly in cases involving psychiatric treatment.”

Not only can it be difficult to prove a psychiatrist’s fault, it may also be difficult to ascertain damages, especially if the damage is solely psychological. If you believe that you or a loved one have received sub-standard psychiatric treatment, you should discuss your claim with an experienced injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Man Kills Mother, Father Sues for Malpractice (FindLaw’s Injured)
• James Holmes’ Psychiatrist May Face 14 Lawsuits (FindLaw’s Injured)
• When Do Therapists Have to Disclose Threats? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/08/when-can-you-sue-a-psychiatrist-for-malpractice.html

Massage Injuries: Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/126951850967 We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a masseuse to feel better. But that’s not always the case. As with any medical or therapeutic treatment, a massage doesn’t always go as planned, and sometimes a massage can result in injury. If that happens, can you sue? What Kind of Lawsuit? Suing for a massage injury is much like a classic medical malpractice case: Spas, gyms, and the massage therapists they employ owe patients a standard of care equal to their expertise. If a therapist fails to meet this standard, he or she could be at fault for medical malpractice. Whether the therapist fails to diagnose an injury, fails to treat an injury properly, or causes a new injury, a massage client could have a medical malpractice claim. An injured client could also sue a massage therapist for negligence, arguing: The therapist owed you a duty of care The therapist, through the massage, breached that duty The breach caused an injury The injury caused you physical, psychological, and/or financial damages Who Can You Sue? While a massage therapist may be liable for your injury, you may also have a claim against the owners and operators of hotels, health spas, gyms, and other facilities hosting massages. Under the theory of vicarious liability, employers can be held liable for the negligence of their employees. In medical malpractice-type cases, other staff may also be responsible for negligence. And if there is an unsafe condition at the massage facility, you may have a premises liability claim: property owners, especially those open to the public, must maintain a hazard-free premises and could for injuries that occur on their property. To avoid massage injuries, only use licensed and accredited massage therapists. If you’ve been injured during a massage, you can consult an experienced injury attorney near you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Proving Fault in Medical Malpractice Cases (FindLaw) Florida Woman Strangled by Neck Massager (FindLaw’s Injured) 4th Cir. Overturns Massage School’s Reaccreditation (FindLaw’s Fourth Circuit) from Injured blogs.findlaw.com/injured/2015/08/massage-injuries-can-i-... via Blogger hobbsr04.blogspot.com/2015/08/massage-injuries-can-you-su...

via Flickr http://www.flickr.com/photos/87814799@N02/20482080129

Massage Injuries: Can You Sue?

We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a masseuse to feel better. But that's not always the case.

As with any medical or therapeutic treatment, a massage doesn't always go as planned, and sometimes a massage can result in injury. If that happens, can you sue?

What Kind of Lawsuit?

Suing for a massage injury is much like a classic medical malpractice case: Spas, gyms, and the massage therapists they employ owe patients a standard of care equal to their expertise. If a therapist fails to meet this standard, he or she could be at fault for medical malpractice.

Whether the therapist fails to diagnose an injury, fails to treat an injury properly, or causes a new injury, a massage client could have a medical malpractice claim. An injured client could also sue a massage therapist for negligence, arguing:

• The therapist owed you a duty of care
• The therapist, through the massage, breached that duty
• The breach caused an injury
• The injury caused you physical, psychological, and/or financial damages

Who Can You Sue?

While a massage therapist may be liable for your injury, you may also have a claim against the owners and operators of hotels, health spas, gyms, and other facilities hosting massages. Under the theory of vicarious liability, employers can be held liable for the negligence of their employees.

In medical malpractice-type cases, other staff may also be responsible for negligence. And if there is an unsafe condition at the massage facility, you may have a premises liability claim: property owners, especially those open to the public, must maintain a hazard-free premises and could for injuries that occur on their property.

To avoid massage injuries, only use licensed and accredited massage therapists. If you've been injured during a massage, you can consult an experienced injury attorney near you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Proving Fault in Medical Malpractice Cases (FindLaw)
• Florida Woman Strangled by Neck Massager (FindLaw's Injured)
• 4th Cir. Overturns Massage School's Reaccreditation (FindLaw's Fourth Circuit)

from Injured http://blogs.findlaw.com/injured/2015/08/massage-injuries-can-i-sue.html