Infant Forceps Birth Injury: When to Sue?

Infant forceps injuries, sadly, still occur from time to time during the birthing process. The use of forceps has been disfavored except for when medically necessary due to the risks of injury. Unfortunately, forceps are sometimes needed to move an infant when they are in a bad position for birth.

When an infant is injured during the delivery, parents often don’t know what to do. The experience can be such an emotional rollercoaster of highs and lows. Finding out how or why is often secondary to figuring out how to move forward and care for an injured infant or child. However, if an injury was caused due to the use of forceps, speaking with an experienced medical malpractice attorney early on may be a good decision.

Child’s Right to Sue

Generally, when an injury occurs to a child, the right to sue is held by the child. Under the law, children must have a guardian appointed to represent their interests in a civil court. In most states, this guardian is called a Guardian Ad Litem, and the individual must be approved by the court. When a settlement or verdict is obtained on behalf of a child, how the money is handled usually will have to be approved by a court. Frequently, a special needs trust, or an annuity, or some other account will be set up solely for the benefit of the child, and will require court or special approval for even the child’s parents to access.

Parents often choose to sue on behalf of their children in order to receive money to help care for their child during childhood. However, if parents do not do so, a minor will be able to file a lawsuit on their own once they are 18 years old, as statute of limitations apply differently for minors.

Parents’ Rights to Sue

When parents sue on behalf of their children, they sometimes will include claims of their own individual emotional distress, injury, and life disruption. Generally, a parent’s individual claim must be brought within a state’s injury statute of limitations. Depending on state law, the parent of an injured child may have an independent claim for damages.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• 3 Moms Sue Hospital and Doctor for Botched Deliveries (FindLaw’s Injured)
• Homeopathic Teething Tablets May Cause Child Deaths; Could Lawsuits Follow? (FindLaw’s Injured)
• Types of Medical Malpractice Lawsuits (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/infant-forceps-birth-injury-when-to-sue.html

Alaska Dentist Pulls Tooth While Riding a Hoverboard, Faces Felony Charges

Dentists, like any other medical professional, are held to at least minimum standards of care for their patients. And it is comforting to know that performing a dental extraction on a patient while riding a hoverboard, filming the procedure, and then distributing the film with the quip "new standard of care" in fact falls far below that existing standard.

But that's not the only thing that got one Alaskan dentist in trouble, as he and his office assistant face a litany of felony charges.

Unlawful Dental Acts

Sedated in a dentist's chair can make patients feel like especially vulnerable, so it's good to know that there are laws, like Alaska Statutes 08.36.340 that provide penalties for dentists who abuse that vulnerability. And, according to a 49-page, 17-count criminal indictment, Seth Lookhart did just that when he "engaged in the performance of patient care, regardless of whether actual injury to the patient occurred, that did not conform to minimum professional standards of dentistry." Specifically, Lookhart "performed a dental extraction procedure on a sedated patient while riding a hoverboard and filmed the procedure and distributed the film to persons outside his dental practice."

In addition to a misdemeanor charge for the hoverboarding incident, the dentist is also charged with 11 felonies.

Felony Fraud

Lookhart and his office manager, Shauna Cranford, are also charged with fraud for allegedly sedating patients unnecessarily in order to bill nearly $2 million to Medicaid without proper justification. (It was during state Medicaid Fraud Control Unit's investigation that video of the hoverboard tooth-extraction came to light.) Former employees told investigators Lookhart and Cranford steered Medicaid patients to IV sedation, while patients with private insurance were given local anesthesia for the same procedure. Employees also accused Lookhart of performing medically unnecessary procedures while patients were sedated.

Lookhart could end up owing $2 million in restitution if convicted. Hopefully recouping those ill-gotten gains won't be like ... well, you know.

Related Resources:

• Think you have a medical malpractice claim? Get matched with a local attorney. (Consumer Injury)
• Prosecutors: Dentist Pulled Tooth While Riding Hoverboard (AP)
• Boy Sues Dentist for 11 Years of Braces (FindLaw's Injured)
• What is Dental Malpractice? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/alaska-dentist-pulls-tooth-while-riding-a-hoverboard-faces-felony-charges.html

Cherokee Nation Sues Walmart, CVS, and Walgreens for Opioid Abuse

In a lawsuit filed last week in the District Court of the Cherokee Nation, located within the state of Oklahoma, the tribe’s attorney general is alleging Walmart, CVS, and Walgreens, along with 3 major prescription drug distributors, have caused great harm to the Cherokee Nation.

The lawsuit claims the defendants failed in their duties to properly monitor the distribution of certain prescription drugs that are considered federal controlled substances, and that the failure to monitor the distribution has led to a drug epidemic. Primarily at issue are the powerful opioid drugs like oxycodone, hydrocodone, and fentanyl.

Details of the Case

Opioids have long been known for their effective pain relief, but there is a major concern due to their addictive qualities. Many individuals will succumb to opioid addiction, as a result of a legitimate need for prescription pain relief, after suffering from a medical condition or injury that required the pain relief. Under the law, distributors of prescription drugs, particularly those that are considered illicit controlled substances that are frequently abused, are subject to stringent regulations.

The lawsuit alleges that the distributors and pharmacies deliberately turned a “blind eye” to suspicious orders, and routinely ignored “red flags.” The stringent regulations impose a legal duty for prescription drug distributors to investigate and track suspicious orders. The Cherokee Nation’s lawsuit cites to numerous examples of these large distributors failing to do so, as well as alleges that the Cherokee Nation’s injury is a result of these failed duties.

Cherokee Nation Seeking Justice

While the lawsuit makes several specific legal claims, at the heart of the case is the allegation that the drug distributors and pharmacies put profits over responsibility. As the Cherokee Nation faces a prescription drug epidemic, the sovereign nation is seeking to hold the major distributors and pharmacies liable for damages, and to force them to change their practices.

The damages being sought are compensatory in nature, as they seek to recoup costs the tribe has had to expend to combat the prescription drug epidemic. However, policy changes are also being sought to impose tighter regulations to prevent, hopefully reverse, the prescription drug epidemic on the tribe.

While this case may be in the Cherokee Nation’s court, other cases across the country have seen success making similar allegations.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw’s Injured)
• Crime at Walmart: When Can You Sue? (FindLaw’s Injured)
• Walmart Jewelry Is Pulled over Cadmium Toxicity Fears (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/cherokee-nation-sues-walmart-cvs-and-walgreens-for-opioid-abuse.html

Traumatic Facial Injuries Common in Nursing Home Residents, Study Finds

We ask nursing homes to care for our elderly loved ones specifically to keep them safe from injuries. Due to their age and the possibility of other ailments, nursing home injuries can severely impact an elderly person's health, wellbeing, and future care.

And while it would seem obvious for nursing homes to take special precautions to keep residents and patients from falling, a new study from the Journal of the American Medical Association suggests nursing homes aren't doing enough to prevent falls and that those falls can lead to a significant amount of traumatic facial injuries.

Nursing Home Injury Numbers

The study examined data from the National Electronic Injury Surveillance System to get a total number of facial trauma incidents involving individuals older than 60. The number was then culled to nursing home residents, and partitioned by diagnosis, anatomical site, demographic data, and mechanism of the injury.

In total, researchers found 109,795 nursing home residents "who required emergency department care for facial trauma." Older women were especially vulnerable, sustaining a greater proportion of injuries as they got older. The two most common injuries listed in the study were lacerations (44.3 percent) and other soft-tissue injuries (41.8 percent). Fractures occurred in over 12 percent of the examined cases, with nasal and orbital bone fractures leading an ignominious list. Most common, nursing home patients were injured after coming into direct contact with structural housing elements or fixed furniture in the homes, and almost a quarter occurred while getting in and of bed.

Next Steps

Slip-and-fall injuries, while common, are referred to as a preventable "never event," meaning an obviously adverse medical even that can result in death or significant disability. There are 29 such events defined by the National Quality Forum, and among them is "Patient death or serious injury associated with a fall while being cared for in a health care setting." It is partly due to that preventability that the JAMA initiated the study, and in the end concluded:

Despite falls being considered a Centers for Medicare & Medicaid Services preventable never event in hospitals, our analysis in the nursing home setting found more than 100,000 facial injuries during 5 years, suggesting these underappreciated injuries contribute substantially to health care expenditures. Although structural elements facilitated the greatest number of falls, transfer to and from bed remains a significant mechanism, suggesting an area for intervention.

If a loved one has suffered facial injuries in a nursing home, contact an experienced personal injury attorney today.

Related Resources:

• Loved one injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Nursing Home Slip and Fall: Can You Sue for Negligence? (FindLaw's Injured)
• 10 Signs of Potential Nursing Home Abuse (FindLaw's Injured)
• Is a Nursing Home Neglecting Your Loved One? Here's How to Tell (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/traumatic-facial-injuries-common-in-nursing-home-residents-study-finds.html

Judge Awards $42M to Parents in Traumatic Birth Injury Medical Malpractice Lawsuit

Last week, a federal court judge in Pennsylvania awarded a massive $42 million verdict to the parents of a child severely injured during birth in 2012. The multi-million dollar verdict is meant to provide for the child who suffers permanent injuries that will require a lifetime of specialized medical care. Additionally, the award, which is being described as the largest ever medical malpractice verdict out of that judicial district, will be paid out by the federal government as the injury occurred at a federally funded facility.

The bulk of the award, $33 million, is to be set aside for future medical care, which could involve full-time institutionalization as an adult. The rest of the award is meant to compensate for pain and suffering, lost earning capacity, as well as past medical expenses.

What Happened?

The lawsuit alleged that the doctor attending the birth prematurely used forceps multiple times on the infant’s head to pull the infant from the mother’s womb. When the infant was finally out, forceps marks were present on the infant’s face. The pressure from the forceps allegedly caused internal bleeding in the infant’s head, resulting in permanent injuries. Since his birth, he has had to undergo numerous risky surgeries to his brain and spine, and will likely have to undergo more in the future.

The child, who is now five years old, suffers from multiple cognitive issues, including an inability to express himself, though it is reported that he can understand language just fine. Unfortunately though, it is not anticipated that he will ever be able to read or write, and is likely to be confined to an electric wheelchair for life. What’s worse is that behavioral issues may render him too difficult for his parents to care for him into adulthood.

Traumatic Birth Injuries

When an infant is injured during the birthing process due to the negligence of medical staff, both parents and infant may have legal claims for medical malpractice. Medical malpractice claims can be pursued against hospitals, and doctors and other medical personnel individually.

However, medical malpractice claims are rather nuanced and are subject to various state law requirements, such as providing notice to the doctors or entities a victim wants to sue. Victims really should seek out a legal consultation with an experienced medical malpractice attorney as soon as possible after an injury to ensure that legal deadlines, which can be as short as a few months in some instances, are not missed.

Related Resources:

• Injured by a medical professional? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Is a Nursing Home Neglecting Your Loved One? Here’s How to Tell (FindLaw’s Injured)
• Types of Medical Malpractice Lawsuits (FindLaw’s Injured)
• Medical Malpractice for Doctor’s Use of Outdated Medical Equipment

from Injured http://blogs.findlaw.com/injured/2017/04/judge-awards-42m-to-parents-in-traumatic-birth-injury-medical-malpractice-lawsuit.html

Is a Nursing Home Neglecting Your Loved One? Here's How to Tell

We trust nursing homes to take care of our loved ones. Unfortunately, that doesn't always happen. Even worse, we may not know until too late that a nursing home isn't caring for someone we love as they should.

So how can you spot nursing home neglect? And what can you do if you do spot it?

Types of Neglect

Nursing home neglect can go undetected if relatives aren't familiar with the types of neglect elders can face in nursing homes. These forms of neglect may manifest in different ways:

• Lack of emotional/psychological attention
• Unaddressed self-neglect
• Abandonment

Understanding that elder harm can take the form of neglect as opposed to physical misconduct or other abuse is the first step in identifying nursing home neglect.

How to Spot Signs of Neglect

There are a multitude of signs of elder neglect to keep a watchful eye out for. While signs of physical abuse (like injuries or bruising) may be easier to spot, indicators of neglect can include:

• Weight loss or dehydration
• Unclean clothing or living areas
• Depression, withdrawal, or unwillingness to talk
• Anxiety or fearfulness of caregivers
• Other unusual or unexplained behavior

If you think you may be seeing the signs of nursing home neglect, you may want to reference the Elder Abuse Suspicion Index (EASI). The index can provide a list of six questions that can aid in spotting potential neglect.

Reporting Neglect

If you suspect someone you love has been neglected in a nursing home, you should report abuse to Adult Protective Services, which has offices nationwide. You may also want to consult with an experienced injury attorney who can inform you as to the elder laws in your state, and whether your loved one may have an injury claim.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Nursing Home Abuse: Your Legal Options (FindLaw's Injured)
• 3 Common Nursing Home Injuries (FindLaw's Injured)
• Types of Nursing Home Abuse (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/is-a-nursing-home-neglecting-your-loved-one-heres-how-to-tell.html

When Can You Sue a Juvenile Detention Center?

When a juvenile detention center fails to protect the civil rights of the youth offenders allegedly being rehabilitated, they may be subjected to lawsuits brought by, or on behalf of, the offenders, their families, and/or court appointed guardians.

Although minors may not enjoy many of the same rights and privileges under the law, minors in custody still have basic civil rights, including equal protection, the freedom from cruel and unusual punishment, and the right to adequate/necessary medical care while in custody.

As such, when a juvenile detention center is found to be disregarding the rights of youth offenders, civil rights groups like the ACLU are compelled to sue to stop the violations. However, individual minors may also be able to file suit if they have been injured, subjected to violations of their individual civil rights, or abused, at detention centers.

Minors Get More Time to Sue

Minors generally get more time file lawsuits as the statute of limitations will not begin to run for minors until they reach majority, or 18 years of age. That means that if a state provides for a 1 year statute of limitations for an injury, if a teenager is injured at age 13, they can file a lawsuit up until they turn 19 years old.

When it comes to claims against a government entity, a minor will still have to follow the standard claim filing process before filing suit. However, nearly all jurisdictions provide minors with the same extension of time as ordinary statute of limitations provide to minors.

Injuries and Violations of Civil Rights

When an incarcerated person is injured, whether it was the result of negligence, an assault, or a civil rights violation, there may be legal relief available. For juvenile detention centers, the duty to protect youth offenders from each other, as well as unsanitary, or harmful, conditions, can frequently be the basis of legal claims.

While the Department of Justice does help to remedy injustices against incarcerated youth, they do not assist with individual claims. Individual and class claims for relief generally are brought by private individuals or non-profit organizations. For individuals that have been injured while incarcerated, whether as a youth or an adult, seeking out a consultation with an experienced injury or civil rights attorney as soon as possible can be helpful in determining whether you have a case worth pursuing.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Can You Sue for Injuries in Jail or Prison? (FindLaw’s Injured)
• Top 5 Tips for Suing a Prison for Injury or Abuse (FindLaw’s Injured)
• Suing a Private Prison for Injury or Abuse (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/when-can-you-sue-a-juvenile-detention-center.html

Common Medical Errors by Nurses -- When Can You Sue?

In some ways, quality nursing care can be just as important to your health as the medical treatment you receive from a doctor. By the same token, however, injuries sustained from substandard nursing care can be just as serious as those from physician mistakes.

Here are some of the most common medical errors committed by nurses and their legal liability if it happens to you.

1. Can I Sue a Nurse for Medical Malpractice?

While most medical malpractice lawsuits will target doctors and hospitals (i.e., those with deep pockets), nurses might be just as, if not more, responsible for injuries resulting from poor medical care.

2. Nursing Home Slip and Fall: Can You Sue for Negligence?

Beyond the medical care they provide patients, nurses are often also responsible for maintaining clean, healthy, and save environments in which patients can receive quality care. And if they fail to do so, they (or the institution for which they work) may be liable.

3. When to Sue a Nursing Home for Bedsores

Many elderly people reside in nursing homes in order to receive continuous care they could otherwise not get if they were still at home. That's why injuries resulting from a lack of attention, like bed sores, are so tragic.

4. Georgia Hospital Settles Rape Lawsuit Involving Nurse's Aide

In some cases, a nurse's injury liability may not hinge on an accident or a mistake, but an illegal action taken by the nurse. So-called "intentional torts" may sever liability for the nurse's employer, while leaving the bad actor on the hook, both criminally and civilly.

5. Can Hospitals Be Sued for Insensitivity to Transgender Patients?

Nurses can get their employers in hot water, however, for not treating patients, particularly transgender patients, with due care and respect. This is especially true for institutions that hold themselves out as specialists in gender management.

If you've been injured by a nurse's negligence or intentional act, contact an experienced personal injury attorney near you.

Related Resources:

• Injured by a nurse? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 3 Common Types of Hospital Infections and When to Sue (FindLaw's Injured)
• 5 Ways Surgery Errors Can Lead to Lawsuits (FindLaw's Injured)
• Can I Sue for Hospital Negligence? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/common-medical-errors-by-nurses----when-can-you-sue.html

Head Start Sued for $10M After Child's Accidental Death

The accidental death of a three-year-old child at a Head Start program in Dearborn Heights, Michigan, has prompted a $10 million lawsuit. The lawsuit alleges that the death could have been prevented with the exercise of reasonable, ordinary care.

The young child was playing in a gymnasium, near a wall where decades-old retractable lunch tables affixed to the wall were folded up. Without warning, the incredibly heavy tables came loose, opened up, and in the process, crushed the three-year-old child. As the lawsuit explains, the tables were not properly secured, had fallen into disrepair, and had not been used in the past several years. It is alleged that the tables crashed open due to failure to properly inspect the tables.

Wrongful Death Liability

When a death occurs as a result of the negligent or wrongful act of another, surviving family members may be able to file a lawsuit for wrongful death. Generally, a parent, child, or spouse, of the deceased, will be able to file a lawsuit, however, depending on state law, other relatives may also have legal rights too.

When it comes to potential claims for wrongful death, individuals would be wise to consult an attorney at the earliest possible time. Time limits to file a claim may vary from state to state, and there is a very real potential for the loss of evidence over time. Hiring an attorney early on can allow relatives to grieve, while allowing a professional to deal with the legal claim.

Childcare Liability

When it comes to a daycare or childcare facility, including preschools and Head Start-type programs, the question of injury liability can often be difficult. Not all injuries are the result of negligence, and not all injuries will result in legal claims. Frequently, injury attorneys will provide free consultations where they may be able help you decide whether or not you have a strong case.

However, it should be noted that childcare facilities generally cannot require parents to waive their children's rights via a liability waiver.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Lawsuit: Apple's FaceTime Blamed for Child's Death (FindLaw's Injured)
• Child's Death Prompts Recall of Ikea Dresser Sets (FindLaw's Injured)
• Child Shootings: Are Parents Responsible? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/head-start-sued-for-10m-after-childs-accidental-death.html

Doctor Sued for Slipping Plan B Into Girlfriend's Drink

A doctor licensed by the state of New York is being sued by his former girlfriend due to allegedly drugging her with Plan B without her consent, or even her knowledge. Plan B is an over-the-counter birth control drug that allows a woman to take the pill after having unprotected sexual intercourse.

The civil lawsuit is seeking $5 million in damages as a result of the shockingly horrific conduct alleged. The complaint explains that the girlfriend found the box for the drug and asked her then-boyfriend about it, expecting to find out about an affair. However, as alleged in the complaint, he came clean and explained that he slipped the drug in her drink because he knew she would never agree to take it.

Drugging People Is Really Really Illegal

Perhaps in limited situations, such as when you have to get your kid to take their medicine, or need to jab an EpiPen into an unconscious person, there’s never really a good excuse for drugging someone without their consent. In fact, drugging another person can lead to both criminal and civil liability.

Under criminal law, administering a drug to a person without their consent is highly illegal. Depending on what was administered, a person is likely to face a wide array of felony charges ranging from poisoning to attempted murder. It’s not uncommon to hear about school children being charged with serious felonies for this sort of conduct. It’s even more common for individuals to face severe penalties for using date rape drugs.

Medical Consent Is Really Really Important

What makes this case that much more shocking is that the boyfriend here is a licensed doctor. Doctors are keenly aware of the laws governing medical consent, and can face severe civil liability for failing to obtain consent before administering medication, tests, or procedures on a patient. For doctors, not only do patients need to consent to procedures and medications, patients need to provide informed consent or doctors could face medical battery claims.

While the former girlfriend, turned plaintiff, was not likely a patient of her former-doctor-boyfriend, the fact that the defendant was a doctor will likely hurt him when it comes to defending this matter.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Study: Payouts Are up in Medical Malpractice Lawsuits (FindLaw’s Injured)
• 12 Party Goers Drugged in WA College Incident (FindLaw Blotter)
• How to Legally Intervene If You Suspect or See Date Rape (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2017/04/doctor-sued-for-slipping-plan-b-into-girlfriends-drink.html

How Much Is an Exploding E-Cigarette Injury Claim Worth?

Vaping, or using e-cigarettes, seems to be continually increasing in popularity as the technology continues to improve. However, the number of e-cigarette explosion injury claims are also on the rise. In 2015, national headlines were made when a jury returned a $1.9 million verdict for a woman injured by an exploding e-cigarette.

Generally, the cases involve an individual who is injured as a result of an e-cigarette’s battery exploding during charging or use. When the batteries explode, not only do sparks fly, but toxic battery acid can be projected out causing even worse burns. Frequently, individuals holding an e-cigarette, or having it in their pocket, will suffer second or third degree burns as a result of the exploding batteries. Recently, a lawsuit was filed over an exploding e-cigarette device where the explosion was caught on a store’s surveillance camera.

Injury Case Valuation

There are several factors that need to be accounted for when trying to figure out what any injury case is worth. Perhaps the most important factor is the extent of the injury. Typically, a big injury leads to a big damages award. However, other factors that are taken into consideration include:

• Whether the injury will have a permanent disruption on a victim’s life
• The severity and duration of the recovery
• Lost income
• The costs of future medical care

If an injury causes permanent disfigurement or disability, these claims will be valued much more highly than those that only cause a temporary disruption to a person’s life or appearance.

When attempting to find out specifically how much a case is worth to the individual that was injured, there is no set formula. While the amount of medical bills can provide a baseline for the value of a claim, injury victims need to be aware of the fact that often medical damages will be paid to hospitals and doctors with outstanding bills, or to insurance companies as reimbursement for medical bills that have already been paid.

However, in addition to damages for medical bills and lost wages, individuals can seek damages for pain and suffering, and potentially punitive damages, if the injury was the result of more than just mere negligence. Product liability laws will often provide for punitive damages awards if a manufacturer was found to have deliberately or consciously engaged in wrongful conduct.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• When Can You Sue for Pain and Suffering? (FindLaw’s Injured)
• How Much Is a Wrongful Death Lawsuit Worth? (FindLaw’s Injured)
• Brain Injury Lawsuits: How Much Is Your Case Worth? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/how-much-is-an-exploding-e-cigarette-injury-claim-worth.html

Suing for a Silicone Breast Implant Rupture

While silicone breast implants have been around since the 1960s, for a rather long stretch in the US, they were prohibited. However, after decades of debate and research, the government declared silicone implants to be safe for medical research use in 1992, and finally in 2003, for individual use.

Despite silicone implants being considered safe to use, there are still associated risks involved for individuals who choose to get them. Apart from the risks involved with the surgical implantation itself, complications can arise many years later. In fact, the FDA and medical experts recommend that individuals with silicone implants have them checked via mammogram or MRI every other year to detect leaks, ruptures, or other potential issues. Additionally, individuals with silicone implants should expect having to replace them every ten years.

Who’s Liable for a Ruptured Implant?

If a person is injured as a result of a silicone implant rupture, whether or not a lawsuit can be filed will depend on how the rupture occurred. For example, recently, in San Diego, California, the wife of former mayor Roger Hedgecock has filed a lawsuit against the city as a result of a trip and fall on a city sidewalk that caused her breast implants to rupture. The trip and fall injury is one of several the city of San Diego has had to deal with in recent years, as there have been systemic failures to repair roadways and sidewalks throughout the county for several years now. Recently, the city paid nearly $5 million to a severely injured bicyclist due to the poor sidewalk maintenance.

When an implant ruptures due to the negligence of another, such as in a car accident, then the at-fault party can be found liable for the ruptured implant. Under the law, a person who causes injury to another, whether negligently or intentionally, can be held liable for not just the injury sustained due to the negligent act or omission, but also subsequent injuries that would not have resulted, but for the original injury.

For instance, if the mayor’s wife had died on the surgical table due to medical malpractice while getting her implants corrected, the city could have potentially been held liable for wrongful death (as the fall can be argued to be the proximate cause of the med. mal. injury).

Medical Malpractice and Product Liability

In addition to the negligent actions causing an implant to rupture, they can also rupture due to medical malpractice or product defects. If the implant is surgically implanted incorrectly, it can lead to complications and potentially leaks or ruptures. If the implant itself is defective, this can also lead to leaks or ruptures. In either case, seeking the help of a qualified injury attorney as soon as you are aware of the rupture is highly advisable.

Fortunately, a defective implant injury will likely have a statute of limitations that does not begin to run until it is discovered. But if the injury occurs due to medical malpractice, it’s important to note that medical malpractice claims often have shortened time periods to file to file a claim.

Regardless of how an implant ruptures, any victim of such an injury should seek out a legal consultation as soon as possible after receiving medical care.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Vaginal Sling Cases Revived (FindLaw’s Injured)
• What Are the Most Dangerous Plastic Surgery Procedures? (FindLaw’s Injured)
• 7 Common Ways That Plastic Surgery Can Go Wrong (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/suing-for-a-silicone-breast-implant-rupture.html

Latest Developments in Personal Injury Cases

Personal injury law covers a wide range of situations, from simple slip-and-falls to complex product liability claims. With that many kinds of injuries and the millions of plaintiffs and defendants, personal injury law is bound to evolve over time.

As the law changes, it can affect the liability of parties, the number of lawsuits, and the average amount plaintiffs can recover for certain injuries. Here's a look at five recent trends in personal injury law, and how they might affect your claim.

1. Homeowner Liability for Dog Bite Claims Dramatically Increased, Study Finds

Over the last decade, the number of dog bite claims against homeowners, and the average payout for those claims, has been skyrocketing. Are there more bad dogs out there? Or just bad owners? Either way, courts are putting a tighter leash on pet owners.

2. Study: Payouts Are up in Medical Malpractice Lawsuits

While medical malpractice claims as a whole are down, the average payout for those claims is up. This could be because new tort reform laws are making it harder to file claims, meaning only the best claims are surviving the procedural process.

3. Study: Apology Laws Don't Decrease Medical Malpractice Lawsuits

The popular belief that an earnest "I'm sorry" from a doctor can smooth over medical treatment errors or unsatisfactory outcomes turns out not to be true. States that enacted laws prohibiting physician apologies from being used against them later in court have not seen a dip in lawsuits, and instead are seeing more lawsuits in some cases.

4. Construction Deaths and Injuries Are on the Rise in NYC

It's never a good thing to see a spike in injuries and deaths. Construction is not the safest profession, but the majority of Empire State construction fatalities are happening on non-union work sites guilty of code and safety violations.

5. West Virginia Counties Sue Drug Manufacturers Over Opioid Crisis

The opioid epidemic is nationwide, but few states have been hit as hard as West Virginia, where drug manufacturers allegedly sent close to 40 million doses of opioids to a county with just 96,000 residents. Liability for drug companies could be changing based on these and other numbers.

Related Resources:

• Have an injury claim? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Common Questions About Which Injuries Qualify for Workers' Compensation (FindLaw's Injured)
• 5 Controversial Medical Treatments Still Used Today (FindLaw's Injured)
• Top 5 Questions About When to Sue a Doctor (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/04/latest-developments-in-personal-injury-cases.html