Can I Get Compensation for Whiplash?

via Tumblr hobbsr04.tumblr.com/post/132236162637 Anyone who’s been in a car accident, and many people who haven’t, know that whiplash injuries are scary and painful. Neck muscle and ligament damage from sudden head and neck movements can take some time to manifest, and even longer to heal. Whiplash might be the most common car accident injury, and it may be possible to get compensation if you’ve suffered whiplash in a car accident. But compensation can be a complicated procedure. A Pain in the Neck While whiplash is most often associated with high speed, rear end car collisions, it can also occur during low speed accidents. The lay term “whiplash” refers to a cervical sprain, cervical strain, or hyperextension injury that occurs when the head is whipped forward and back causing damage to the muscles, tendons, and ligaments in the neck. Despite whiplash’s somewhat negative connotation (as the poster child for faked injury claims), whiplash is a serious injury that may not be immediately apparent right after an accident. And, once diagnosed, whiplash can take months or years to overcome, causing a substantial disruption to a person’s life and livelihood. Sticking Your Neck Out Like most car accident injuries, you can be compensated for whiplash. But there are some legal considerations to keep in mind. First, you must be able to prove your injury. This may include seeing a specialist to diagnose the extent of your whiplash and keeping copies of all your medical records relating to the accident. Second, you must be able to prove the accident caused your injury. Again, your medical records will be key to demonstrating that you were healthy before the accident and injured afterward. Third, you must be able to prove who is liable for the accident. This can be complicated, especially if more than two cars are involved in accident. An experienced injury attorney will be able to assess your whiplash claim and advise you on whether you can be compensated for whiplash injuries. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Whiplash-Related Injuries (FindLaw) 5 Car Accident Myths (FindLaw’s Injured) Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/can-i-get-compensation-... via Blogger hobbsr04.blogspot.com/2015/10/can-i-get-compensation-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/22630010781

Can I Get Compensation for Whiplash?

Anyone who’s been in a car accident, and many people who haven’t, know that whiplash injuries are scary and painful. Neck muscle and ligament damage from sudden head and neck movements can take some time to manifest, and even longer to heal.

Whiplash might be the most common car accident injury, and it may be possible to get compensation if you’ve suffered whiplash in a car accident. But compensation can be a complicated procedure.

A Pain in the Neck

While whiplash is most often associated with high speed, rear end car collisions, it can also occur during low speed accidents. The lay term “whiplash” refers to a cervical sprain, cervical strain, or hyperextension injury that occurs when the head is whipped forward and back causing damage to the muscles, tendons, and ligaments in the neck.

Despite whiplash’s somewhat negative connotation (as the poster child for faked injury claims), whiplash is a serious injury that may not be immediately apparent right after an accident. And, once diagnosed, whiplash can take months or years to overcome, causing a substantial disruption to a person’s life and livelihood.

Sticking Your Neck Out

Like most car accident injuries, you can be compensated for whiplash. But there are some legal considerations to keep in mind.

First, you must be able to prove your injury. This may include seeing a specialist to diagnose the extent of your whiplash and keeping copies of all your medical records relating to the accident. Second, you must be able to prove the accident caused your injury. Again, your medical records will be key to demonstrating that you were healthy before the accident and injured afterward. Third, you must be able to prove who is liable for the accident. This can be complicated, especially if more than two cars are involved in accident.

An experienced injury attorney will be able to assess your whiplash claim and advise you on whether you can be compensated for whiplash injuries.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Whiplash-Related Injuries (FindLaw)
• 5 Car Accident Myths (FindLaw’s Injured)
• Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/can-i-get-compensation-for-whiplash.html

Pediatricians Group Says Climate Change Threatens Kids

via Tumblr hobbsr04.tumblr.com/post/132228123097 Climate change uniquely affects children’s health and is an increasing threat, according to the American Academy of Pediatrics. The group issued a statement in the journal Pediatrics warning of the dangers of climate change to kids particularly. “Warming of the planet is unequivocal,” the AAP writes, taking those who doubt the environmental shifts exist head on. It began, “There is wide consensus among scientific organizations and climatologists that these broad effects, known as "climate change” are the result of contemporary human activity.“ The Dangers Detailed Climate change poses threats to human health, safety, and security, and children are uniquely vulnerable to these threats, the organization explains. The following dangers are caused by environmental shifts, per the AAP: Physical and psychological sequelae of weather disasters Increased heat stress Decreased air quality Altered disease patterns of some climate-sensitive infections Food, water, and nutrient insecurity in vulnerable regions Why Now? The group is speaking out because natural disasters due to extreme weather occurred three times more often between 2000 and 2009 than did between 1980 and 1989. This makes climate change a growing threat, the AAP says. It detailed the primary effects of climate change and natural disasters on kids. Extreme weather events injure kids, separate them from caregivers, expose them to infectious diseases, and have serious mental health consequences, including posttraumatic stress disorder, depression, and adjustment disorder. "Disasters can cause irrevocable harm to children through devastation of their homes, schools, and neighborhoods, all of which contribute to their physiologic and cognitive development,” the AAP writes. What Now? The statement calls for immediate action to protect vulnerable populations but does not specify what precisely pediatricians and the rest of us should do. It is not a plan. Rather, it is a call for engagement in figuring out a solution and asks children’s physicians particularly to learn more for the sake of their patients and to shape policy. “Although uncertainties remain regarding risks and appropriate policy response,” writes the AAP, “failure to take prompt, substantive action – given our current knowledge – would be an act of injustice to all children.” Legal Actions to Protect Children In recent years, there have been a number of lawsuits aimed and protecting children from harms related to natural disasters and environmental health risks. For example, California recently saw a lawsuit to protect Latino children affected by fracking. It’s likely that similar suits will continue to be filed to protect children’s water and air quality across the nation. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Key Federal Environmental Laws (FindLaw) Environmental Facts (FindLaw) from Injured blogs.findlaw.com/injured/2015/10/pediatricians-group-say... via Blogger hobbsr04.blogspot.com/2015/10/pediatricians-group-says-cl...

via Flickr http://www.flickr.com/photos/87814799@N02/22427516450

Pediatricians Group Says Climate Change Threatens Kids

Climate change uniquely affects children's health and is an increasing threat, according to the American Academy of Pediatrics. The group issued a statement in the journal Pediatrics warning of the dangers of climate change to kids particularly.

"Warming of the planet is unequivocal," the AAP writes, taking those who doubt the environmental shifts exist head on. It began, "There is wide consensus among scientific organizations and climatologists that these broad effects, known as "climate change" are the result of contemporary human activity."

The Dangers Detailed

Climate change poses threats to human health, safety, and security, and children are uniquely vulnerable to these threats, the organization explains. The following dangers are caused by environmental shifts, per the AAP:

• Physical and psychological sequelae of weather disasters
• Increased heat stress
• Decreased air quality
• Altered disease patterns of some climate-sensitive infections
• Food, water, and nutrient insecurity in vulnerable regions

Why Now?

The group is speaking out because natural disasters due to extreme weather occurred three times more often between 2000 and 2009 than did between 1980 and 1989. This makes climate change a growing threat, the AAP says. It detailed the primary effects of climate change and natural disasters on kids.

Extreme weather events injure kids, separate them from caregivers, expose them to infectious diseases, and have serious mental health consequences, including posttraumatic stress disorder, depression, and adjustment disorder. "Disasters can cause irrevocable harm to children through devastation of their homes, schools, and neighborhoods, all of which contribute to their physiologic and cognitive development," the AAP writes.

What Now?

The statement calls for immediate action to protect vulnerable populations but does not specify what precisely pediatricians and the rest of us should do. It is not a plan. Rather, it is a call for engagement in figuring out a solution and asks children's physicians particularly to learn more for the sake of their patients and to shape policy.

"Although uncertainties remain regarding risks and appropriate policy response," writes the AAP, "failure to take prompt, substantive action -- given our current knowledge -- would be an act of injustice to all children."

Legal Actions to Protect Children

In recent years, there have been a number of lawsuits aimed and protecting children from harms related to natural disasters and environmental health risks. For example, California recently saw a lawsuit to protect Latino children affected by fracking. It's likely that similar suits will continue to be filed to protect children's water and air quality across the nation.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Key Federal Environmental Laws (FindLaw)
• Environmental Facts (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/10/pediatricians-group-says-climate-change-threatens-kids.html

Top Reasons Doctors Get Sued for Malpractice

via Tumblr hobbsr04.tumblr.com/post/132210158757 People do not expect their doctors to be perfect. But they do expect them to communicate clearly. When they don’t, patients are more inclined to sue, according to Ultra, a helathcare insurance underwriter that manages physician risk. Communication is the most important aspect of any relationship. The physician-patient relationship is no exception. Often, we reveal aspects of ourselves or our bodies to doctors that we would not show anyone else. So, it is perhaps not surprising that when things go wrong and physicians are not forthright, patients are more likely to fight back. Poor Bedside Manner When doctors treat their patients with respect and care, don’t rush through visits, and do make eye contact, they get more than a good feeling. They earn patient trust and can end up saving themselves big bucks, too. “Even if a physician has contributed to a bad outcome, if the patient or their family likes and admires the physician, it’s unlikely they will pursue a lawsuit,” writes Ultra. How that likability is achieved is by spending quality time with patients. It need not be long, but each visit should be meaningful. Failure to Set Expectations Patients are not physicians and they necessarily don’t know how medicine is practiced. Some may feel that a good doctor would just know what is wrong, so any changes or delays in diagnosis can be perceived as a failure on the physician’s part. In fact, the failure is not an absent diagnosis but the failure to set patient expectations. Taking the time to explain details will go a long way to alleviating patient anxiety and creating realistic expectations. Lack of Informed Consent When a doctor makes decisions about treatment without taking the time to ensure that patients understand the process, it’s risky business for patient and physician alike. An informed patient will take responsibility for health decisions and participate appropriately in any treatment recommended. A patient who has not been told much about their treatment, or feels that little effort was made to obtain informed consent, will feel resentful. A resentful patient is more likely to sue for medical malpractice than a patient who felt that a physician cared about their opinion. Dodgy Documentation Doctors probably would prefer not to think of their patient notes as part of the record in a future lawsuit. But they can be, which is why it is important that physician paperwork accurately reflect actual exchanges. An attorney will analyze every note, so careful documentation is critical to all parties. Doctor and patient alike are protected by an accurate account. Using this Info as a Patient: Communication Is Key For patients, an awareness of what doctors face can help create a healthy relationship. Understanding the pressures your physician is under may enable you to be more sympathetic when a doctor does slip up or have a bad day. But more importantly, by knowing what constitutes good communication, you can do your part as a patient. Ask questions, insist on understanding whatever a doctor intends to do, and do not be a passive participant in your treatment. Being an engaged and active communicator is good for everybody, physician and patient alike. And it can prevent major head and heart aches down the line, literally. Related Resources: Browse Medical Malpractice Lawyers by Location (FindLaw Directory) Medical Malpractice (FindLaw) Proving Fault in Medical Malpractice Cases (FindLaw) Medical Malpractice Claim FAQ (FindLaw) Patient Rights Basics (FindLaw) from Injured blogs.findlaw.com/injured/2015/10/top-reasons-doctors-get... via Blogger hobbsr04.blogspot.com/2015/10/top-reasons-doctors-get-sue...

via Flickr http://www.flickr.com/photos/87814799@N02/22616334511

Top Reasons Doctors Get Sued for Malpractice

People do not expect their doctors to be perfect. But they do expect them to communicate clearly. When they don't, patients are more inclined to sue, according to Ultra, a helathcare insurance underwriter that manages physician risk.

Communication is the most important aspect of any relationship. The physician-patient relationship is no exception. Often, we reveal aspects of ourselves or our bodies to doctors that we would not show anyone else. So, it is perhaps not surprising that when things go wrong and physicians are not forthright, patients are more likely to fight back.

Poor Bedside Manner

When doctors treat their patients with respect and care, don't rush through visits, and do make eye contact, they get more than a good feeling. They earn patient trust and can end up saving themselves big bucks, too.

"Even if a physician has contributed to a bad outcome, if the patient or their family likes and admires the physician, it's unlikely they will pursue a lawsuit," writes Ultra. How that likability is achieved is by spending quality time with patients. It need not be long, but each visit should be meaningful.

Failure to Set Expectations

Patients are not physicians and they necessarily don't know how medicine is practiced. Some may feel that a good doctor would just know what is wrong, so any changes or delays in diagnosis can be perceived as a failure on the physician's part.

In fact, the failure is not an absent diagnosis but the failure to set patient expectations. Taking the time to explain details will go a long way to alleviating patient anxiety and creating realistic expectations.

Lack of Informed Consent

When a doctor makes decisions about treatment without taking the time to ensure that patients understand the process, it's risky business for patient and physician alike. An informed patient will take responsibility for health decisions and participate appropriately in any treatment recommended.

A patient who has not been told much about their treatment, or feels that little effort was made to obtain informed consent, will feel resentful. A resentful patient is more likely to sue for medical malpractice than a patient who felt that a physician cared about their opinion.

Dodgy Documentation

Doctors probably would prefer not to think of their patient notes as part of the record in a future lawsuit. But they can be, which is why it is important that physician paperwork accurately reflect actual exchanges.

An attorney will analyze every note, so careful documentation is critical to all parties. Doctor and patient alike are protected by an accurate account.

Using this Info as a Patient: Communication Is Key

For patients, an awareness of what doctors face can help create a healthy relationship. Understanding the pressures your physician is under may enable you to be more sympathetic when a doctor does slip up or have a bad day.

But more importantly, by knowing what constitutes good communication, you can do your part as a patient. Ask questions, insist on understanding whatever a doctor intends to do, and do not be a passive participant in your treatment.

Being an engaged and active communicator is good for everybody, physician and patient alike. And it can prevent major head and heart aches down the line, literally.

Related Resources:

• Browse Medical Malpractice Lawyers by Location (FindLaw Directory)
• Medical Malpractice (FindLaw)
• Proving Fault in Medical Malpractice Cases (FindLaw)
• Medical Malpractice Claim FAQ (FindLaw)
• Patient Rights Basics (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/10/top-reasons-doctors-get-sued-for-malpractice.html

Can I Sue If I Get Cancer From Bacon?

via Tumblr hobbsr04.tumblr.com/post/132168074822 Earlier this week, the World Health Organization announced that unprocessed red meat and processed meats like bacon, ham, and sausage are carcinogenic. The WHO report said that eating just 50 grams of processed meat a day could make you 18 percent more likely to get cancer, specifically colorectal cancer. While the WHO also said the risk of developing colorectal cancer is relatively low to begin with, what if you do get cancer? Could your meat diet be to blame? Bacon Bombshell The news hit carnivores like a freight train this week. While some media outlets were comparing bacon to other carcinogens like cigarettes and asbestos, a few others were trying to minimize or contextualize meat’s health effects. Wired pointed out that, considering the rarity of colorectal cancer, “your risk of getting colorectal cancer over your life goes from about 5 percent to 6 percent” if you have a couple slices of bacon a day. And the Independent was careful to note the 480 other things the WHO think may cause cancer, including coffee, tea, and pickled vegetables. So how do you assess your own personal risk amidst this national freak-out? Unless you eat processed meat (meaning any cooked, cured, salted, or smoked) every day, you’re probably OK — the occasional slice of bacon or hot dog won’t dramatically increase your cancer risk. And the cancer risk from red meat (like steaks and hamburgers) is only probable at this point. Carcinogen Class Actions Will we now see toxic tort lawsuits like we did against tobacco companies? That may be unlikely. While cigarette companies knew the risks of their product and actively hid them from the public, the same can’t be said for butchers and meat processors. According to Wired, “smoking increases your relative risk of lung cancer by 2,500 percent; eating two slices of bacon a day increases your relative risk for colorectal cancer by 18 percent,” and The New York Times was reporting that meat caused cancer in 1907. Still, cancer is real and the effects can be devastating. If you’ve contracted cancer you may want to talk to an experienced injury attorney to see if you have a case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Bad Day For Bacon: Processed Meats Cause Cancer, WHO Says (NPR) Brazilian Blowout’s Cancer Risk from Formaldehyde (FindLaw’s Injured) Frozen Pizza Can Cause Cancer, $5M Suit Claims (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/can-i-sue-if-i-get-canc... via Blogger hobbsr04.blogspot.com/2015/10/can-i-sue-if-i-get-cancer-f...

via Flickr http://www.flickr.com/photos/87814799@N02/22569957202

Can I Sue If I Get Cancer From Bacon?

Earlier this week, the World Health Organization announced that unprocessed red meat and processed meats like bacon, ham, and sausage are carcinogenic. The WHO report said that eating just 50 grams of processed meat a day could make you 18 percent more likely to get cancer, specifically colorectal cancer.

While the WHO also said the risk of developing colorectal cancer is relatively low to begin with, what if you do get cancer? Could your meat diet be to blame?

Bacon Bombshell

The news hit carnivores like a freight train this week. While some media outlets were comparing bacon to other carcinogens like cigarettes and asbestos, a few others were trying to minimize or contextualize meat’s health effects. Wired pointed out that, considering the rarity of colorectal cancer, “your risk of getting colorectal cancer over your life goes from about 5 percent to 6 percent” if you have a couple slices of bacon a day. And the Independent was careful to note the 480 other things the WHO think may cause cancer, including coffee, tea, and pickled vegetables.

So how do you assess your own personal risk amidst this national freak-out? Unless you eat processed meat (meaning any cooked, cured, salted, or smoked) every day, you’re probably OK — the occasional slice of bacon or hot dog won’t dramatically increase your cancer risk. And the cancer risk from red meat (like steaks and hamburgers) is only probable at this point.

Carcinogen Class Actions

Will we now see toxic tort lawsuits like we did against tobacco companies? That may be unlikely. While cigarette companies knew the risks of their product and actively hid them from the public, the same can’t be said for butchers and meat processors. According to Wired, “smoking increases your relative risk of lung cancer by 2,500 percent; eating two slices of bacon a day increases your relative risk for colorectal cancer by 18 percent,” and The New York Times was reporting that meat caused cancer in 1907.

Still, cancer is real and the effects can be devastating. If you’ve contracted cancer you may want to talk to an experienced injury attorney to see if you have a case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Bad Day For Bacon: Processed Meats Cause Cancer, WHO Says (NPR)
• Brazilian Blowout’s Cancer Risk from Formaldehyde (FindLaw’s Injured)
• Frozen Pizza Can Cause Cancer, $5M Suit Claims (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/can-i-sue-if-i-get-cancer-from-bacon.html

5 Most Dangerous Halloween Costumes

via Tumblr hobbsr04.tumblr.com/post/132098241432 Trick-or-treating, haunted houses, scary costumes, and ghoulish decorations – there’s always a little danger to Halloween. That’s what makes the holiday fun. What doesn’t make it fun is actual danger, coming from our costumes themselves. Hopefully you’ve got your costume all picked out, and, hopefully, you won’t find it on our list of the most dangerous Halloween costumes: “Invisible” Suits: Full body suits have been the rage for a few years now, but it should go without saying that this year’s edition – all black with no eye holes – is the most dangerous version yet. Is it the most dangerous costume and worst idea ever? Possibly! Just go with a brightly colored version instead. Beards Ablaze: Fake beards, especially long ones like Hagrid’s and Dumbledore’s, have been known to ignite and they aren’t made of the most flame-retardant material. So keep any fake facial hair away from the flames. Fabulous Footwear: High heels on kids are adorable. They’re also not the easiest to walk around in, even for adults. If your Halloween festivities include a lot of walking – say, door-to-door begging for candy – avoid slip and falls with some solid shoe choices. Menacing Makeup: There are almost too many makeup kits to choose from nowadays. And do you trust them all to be safe and non-toxic? (Especially when your child starts sweating and it’s running into their eyes?) Check the ingredients of makeup kits and make sure you’re not allergic. Anything With a Cape: If you learned nothing else from superhero costume designer Edna Mole in “The Incredibles,” NO CAPES. They snag on missiles, get caught in jet turbines and on express elevators, and get sucked into vortexes. (And no, that Superman costume does not enable flight.) Stay scary, and safe, this Halloween. And if you do get injured, talk to an experienced injury attorney near you. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) 3 Most Common Ways to Get Injured on Halloween (FindLaw’s Injured) Top 10 Ways to Prevent Trick-or-Treat Injuries (FindLaw’s Injured) Candy Safety Tips for Trick-or-Treating (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/5-most-dangerous-hallow... via Blogger hobbsr04.blogspot.com/2015/10/5-most-dangerous-halloween-...

via Flickr http://www.flickr.com/photos/87814799@N02/21929513594

5 Most Dangerous Halloween Costumes

Trick-or-treating, haunted houses, scary costumes, and ghoulish decorations -- there's always a little danger to Halloween. That's what makes the holiday fun. What doesn't make it fun is actual danger, coming from our costumes themselves.

Hopefully you've got your costume all picked out, and, hopefully, you won't find it on our list of the most dangerous Halloween costumes:

1. "Invisible" Suits: Full body suits have been the rage for a few years now, but it should go without saying that this year's edition -- all black with no eye holes -- is the most dangerous version yet. Is it the most dangerous costume and worst idea ever? Possibly! Just go with a brightly colored version instead.
2. Beards Ablaze: Fake beards, especially long ones like Hagrid's and Dumbledore's, have been known to ignite and they aren't made of the most flame-retardant material. So keep any fake facial hair away from the flames.
3. Fabulous Footwear: High heels on kids are adorable. They're also not the easiest to walk around in, even for adults. If your Halloween festivities include a lot of walking -- say, door-to-door begging for candy -- avoid slip and falls with some solid shoe choices.
4. Menacing Makeup: There are almost too many makeup kits to choose from nowadays. And do you trust them all to be safe and non-toxic? (Especially when your child starts sweating and it's running into their eyes?) Check the ingredients of makeup kits and make sure you're not allergic.
5. Anything With a Cape: If you learned nothing else from superhero costume designer Edna Mole in "The Incredibles," NO CAPES. They snag on missiles, get caught in jet turbines and on express elevators, and get sucked into vortexes. (And no, that Superman costume does not enable flight.)

Stay scary, and safe, this Halloween. And if you do get injured, talk to an experienced injury attorney near you.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• 3 Most Common Ways to Get Injured on Halloween (FindLaw's Injured)
• Top 10 Ways to Prevent Trick-or-Treat Injuries (FindLaw's Injured)
• Candy Safety Tips for Trick-or-Treating (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/5-most-dangerous-halloween-costumes.html

Can I Sue for Blood Clot Filter Injuries?

via Tumblr hobbsr04.tumblr.com/post/132085771822 Yes, you can sue for injury due to an Inferior Vena Cava, or IVC, blood clot filter. In fact, the Food and Drug Administration has received hundreds of complaints about IVC filters and the two major manufacturers are facing lawsuits from injured plaintiffs already. Complaints about IVC blood filters abound and any number of complications may result from their use. Let’s review device basics and some common complications and claims associated with these controversial blood clot filters. IVC Filters Explained According to the FDA, “IVC filters are small, cage-like devices that are inserted into the inferior vena cava to capture blood clots and prevent them from reaching the lungs.” The filters are frequently placed in patients at risk for pulmonary embolism, or a blood clot in the lungs. But leaving them in too long could cause serious problems, the agency warns. The risks start outweighing benefits of leaving the devices implanted at a certain point. Common Complications In the hundreds of adverse event complaints reviewed by the FDA, patients suffered injury because IVC filters were not removed soon enough. Some of the common complications associated with use of IVC filters are as follows: Filter Fracture or Splinter Filter Migration Stuck Filter Tilted Filter Perforated Organs or Tissues The FDA has repeatedly warned of the risks associated with IVC filters. Last year, it issued a statement to physicians treating patients with these devices, alerting them to the dangers of leaving them in too long. The agency wrote, “The FDA recommends that implanting physicians and clinicians responsible for the ongoing care of patients with retrievable IVC filters consider removing the filter as soon as protection from pulmonary embolism is no longer needed.” It encouraged all physicians to consider the risks and benefits of filter removal for each patient. Talk to a Lawyer If you have experienced the above-noted complications or anything else that you suspect is linked to your IVC filter, talk to a lawyer. Attorneys often consult for free and work on contingency, so it will cost you nothing to find out more about what your injury may be worth. Injured by IVC blood clot filters? Get your claim reviewed by an attorney for free. (Consumer Injury) Can Nuvaring Cause Deadly Blood Clots? (FindLaw’s Injured) Yaz Birth Control Pills and Blood Clot Risks (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/can-i-sue-for-blood-clo... via Blogger hobbsr04.blogspot.com/2015/10/can-i-sue-for-blood-clot-fi...

via Flickr http://www.flickr.com/photos/87814799@N02/22359219508

Can I Sue for Blood Clot Filter Injuries?

Yes, you can sue for injury due to an Inferior Vena Cava, or IVC, blood clot filter. In fact, the Food and Drug Administration has received hundreds of complaints about IVC filters and the two major manufacturers are facing lawsuits from injured plaintiffs already.

Complaints about IVC blood filters abound and any number of complications may result from their use. Let’s review device basics and some common complications and claims associated with these controversial blood clot filters.

IVC Filters Explained

According to the FDA, “IVC filters are small, cage-like devices that are inserted into the inferior vena cava to capture blood clots and prevent them from reaching the lungs.” The filters are frequently placed in patients at risk for pulmonary embolism, or a blood clot in the lungs.

But leaving them in too long could cause serious problems, the agency warns. The risks start outweighing benefits of leaving the devices implanted at a certain point.

Common Complications

In the hundreds of adverse event complaints reviewed by the FDA, patients suffered injury because IVC filters were not removed soon enough. Some of the common complications associated with use of IVC filters are as follows:

• Filter Fracture or Splinter
• Filter Migration
• Stuck Filter
• Tilted Filter
• Perforated Organs or Tissues

The FDA has repeatedly warned of the risks associated with IVC filters. Last year, it issued a statement to physicians treating patients with these devices, alerting them to the dangers of leaving them in too long.

The agency wrote, “The FDA recommends that implanting physicians and clinicians responsible for the ongoing care of patients with retrievable IVC filters consider removing the filter as soon as protection from pulmonary embolism is no longer needed.” It encouraged all physicians to consider the risks and benefits of filter removal for each patient.

Talk to a Lawyer

If you have experienced the above-noted complications or anything else that you suspect is linked to your IVC filter, talk to a lawyer. Attorneys often consult for free and work on contingency, so it will cost you nothing to find out more about what your injury may be worth.

• Injured by IVC blood clot filters? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Can Nuvaring Cause Deadly Blood Clots? (FindLaw’s Injured)
• Yaz Birth Control Pills and Blood Clot Risks (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/can-i-sue-for-blood-clot-filter-injuries.html

Do Lawyers Really Chase Ambulances?

via Tumblr hobbsr04.tumblr.com/post/132035549232 The image of lawyers as ambulance chasers is as old, and as pervasive, as the idea of lawyers as sharks. In fact, referring to attorneys as ambulance chasers is so common it’s not surprising that some people might think lawyers are literally chasing ambulances, looking for their next client. The short answer is no — lawyers aren’t running after ambulances. And here’s why: Attorney Ethics First and foremost, there are strict rules about how lawyers can contact potential clients and chasing ambulances to a potential client’s hospital bed is not allowed. The American Bar Association’s Model Rules for Professional Conduct govern the direct contact with prospective clients: A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted: (1) is a lawyer; or (2) has a family, close personal, or prior professional relationship with the lawyer. So unless a lawyer already knows that person in the ambulance, he or she can’t directly solicit their business. Personal Injury Law The so-called ambulance chaser is, as the story goes, trying to secure a client for a personal injury lawsuit. And part of the ambulance chaser myth is that the injured party doesn’t have a case or wouldn’t sue but for the lawyer chasing him down. But this is false on two fronts. First, the percentage of attorneys that practice personal injury law is fairly small compared to all other areas of legal practice. Second, it may not be the most lucrative area of law. Many injury cases are taken on a contingency fee basis, meaning the attorney’s paycheck is contingent on the client winning their case. In addition, many states cap the amount of damages personal injury plaintiffs or their attorneys can win. And again, there are ethical limitations to personal injury cases — attorneys are prohibited from bringing frivolous claims. So lawyers aren’t going to chase your ambulance and harass you to be a client. If you’ve been injured, you’ll need to contact an experienced personal injury attorney on your own. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Reasons to Hire an Experienced Personal Injury Attorney (FindLaw) 5 Questions to Ask a Personal Injury Lawyer (FindLaw’s Injured) Paying for a Personal Injury Lawyer: 3 Things to Know About Fees (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/do-lawyers-really-chase... via Blogger hobbsr04.blogspot.com/2015/10/do-lawyers-really-chase-amb...

via Flickr http://www.flickr.com/photos/87814799@N02/22526368435

Do Lawyers Really Chase Ambulances?

The image of lawyers as ambulance chasers is as old, and as pervasive, as the idea of lawyers as sharks. In fact, referring to attorneys as ambulance chasers is so common it’s not surprising that some people might think lawyers are literally chasing ambulances, looking for their next client.

The short answer is no — lawyers aren’t running after ambulances. And here’s why:

Attorney Ethics

First and foremost, there are strict rules about how lawyers can contact potential clients and chasing ambulances to a potential client’s hospital bed is not allowed. The American Bar Association’s Model Rules for Professional Conduct govern the direct contact with prospective clients:

A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain, unless the person contacted:

(1) is a lawyer; or

(2) has a family, close personal, or prior professional relationship with the lawyer.

So unless a lawyer already knows that person in the ambulance, he or she can’t directly solicit their business.

Personal Injury Law

The so-called ambulance chaser is, as the story goes, trying to secure a client for a personal injury lawsuit. And part of the ambulance chaser myth is that the injured party doesn’t have a case or wouldn’t sue but for the lawyer chasing him down. But this is false on two fronts.

First, the percentage of attorneys that practice personal injury law is fairly small compared to all other areas of legal practice. Second, it may not be the most lucrative area of law. Many injury cases are taken on a contingency fee basis, meaning the attorney’s paycheck is contingent on the client winning their case. In addition, many states cap the amount of damages personal injury plaintiffs or their attorneys can win.

And again, there are ethical limitations to personal injury cases — attorneys are prohibited from bringing frivolous claims. So lawyers aren’t going to chase your ambulance and harass you to be a client. If you’ve been injured, you’ll need to contact an experienced personal injury attorney on your own.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Reasons to Hire an Experienced Personal Injury Attorney (FindLaw)
• 5 Questions to Ask a Personal Injury Lawyer (FindLaw’s Injured)
• Paying for a Personal Injury Lawyer: 3 Things to Know About Fees (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/do-lawyers-really-chase-ambulances.html

Can I Sue for Mirena IUD Complications?

via Tumblr hobbsr04.tumblr.com/post/131968095747 If you had the Mirena intrauterine birth control device implanted and were injured as a result, you may indeed sue. You will be joining a slew of other women across the country who filed complaints against Bayer Healthcare Pharmaceuticals, the company making Mirena. Thousands of women are suing Bayer in state and federal courts for a range of complications associated with Mirena IUDs. The complaints include claims that the device migrates in women’s reproductive systems, pierces fallopian tubes, causes miscarriages after removal, and leads to infertility. Consolidating Cases There are so many Mirena complaints, that a federal court in New York consolidated the federal cases. Plaintiff Zabrinah Brown, for example, brought her suit in the US District Court for the Northern District of California but is part of the consolidated matter coordinated by Judge Cathy Seibel in the Southern District of New York. The consolidated case ensures that pretrial rulings and discovery are consistent for the hundreds of plaintiffs who suffered similar injuries and filed suit. The plaintiffs all complain that Bayer minimized the risks involved with implantation of the IUD. The company is being sued on the following legal theories: Manufacturing defect Design defect Negligence Failure to Warn Strict Liability Breach of Warranty, Express and Implied Misrepresentation, Negligent and Fraudulent Fraudulent Concealment Case in Point Zabrinah Brown, the California woman whose suit became part of the consolidated action says that Bayer did not do enough to warn women about the risks involved with the IUD. Her complaint against Bayer alleges that the Mirena IUD migrated inside her, perforated her uterus, and became embedded within her uterine tissues. She underwent multiple surgeries to remove the device and, as a result, spent a month in the hospital after a serious surgical infection, Brown is seeking monetary damages to cover pain and suffering, medical expenses, and financial losses such as lost earnings, as well as punitive damages against Bayer for placing Mirena on the market with a disregard for public safety. Claims on the Rise With increasing awareness of the Mirena claims, more women injured by the birth control device will be filing suit, joining the 3,000 already suing Bayer. If you or someone you know has suffered an injury from complications arising from the implantation of the IUD, do speak to an attorney as soon as possible. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Defective Products and Consumer Rights (FindLaw) Product Liability Legal Help (FindLaw) from Injured blogs.findlaw.com/injured/2015/10/can-i-sue-for-mirena-iu... via Blogger hobbsr04.blogspot.com/2015/10/can-i-sue-for-mirena-iud-co...

via Flickr http://www.flickr.com/photos/87814799@N02/22474619086

Can I Sue for Mirena IUD Complications?

If you had the Mirena intrauterine birth control device implanted and were injured as a result, you may indeed sue. You will be joining a slew of other women across the country who filed complaints against Bayer Healthcare Pharmaceuticals, the company making Mirena.

Thousands of women are suing Bayer in state and federal courts for a range of complications associated with Mirena IUDs. The complaints include claims that the device migrates in women’s reproductive systems, pierces fallopian tubes, causes miscarriages after removal, and leads to infertility.

Consolidating Cases

There are so many Mirena complaints, that a federal court in New York consolidated the federal cases. Plaintiff Zabrinah Brown, for example, brought her suit in the US District Court for the Northern District of California but is part of the consolidated matter coordinated by Judge Cathy Seibel in the Southern District of New York.

The consolidated case ensures that pretrial rulings and discovery are consistent for the hundreds of plaintiffs who suffered similar injuries and filed suit. The plaintiffs all complain that Bayer minimized the risks involved with implantation of the IUD. The company is being sued on the following legal theories:

• Manufacturing defect
• Design defect
• Negligence
• Failure to Warn
• Strict Liability
• Breach of Warranty, Express and Implied
• Misrepresentation, Negligent and Fraudulent
• Fraudulent Concealment

Case in Point

Zabrinah Brown, the California woman whose suit became part of the consolidated action says that Bayer did not do enough to warn women about the risks involved with the IUD. Her complaint against Bayer alleges that the Mirena IUD migrated inside her, perforated her uterus, and became embedded within her uterine tissues. She underwent multiple surgeries to remove the device and, as a result, spent a month in the hospital after a serious surgical infection,

Brown is seeking monetary damages to cover pain and suffering, medical expenses, and financial losses such as lost earnings, as well as punitive damages against Bayer for placing Mirena on the market with a disregard for public safety.

Claims on the Rise

With increasing awareness of the Mirena claims, more women injured by the birth control device will be filing suit, joining the 3,000 already suing Bayer. If you or someone you know has suffered an injury from complications arising from the implantation of the IUD, do speak to an attorney as soon as possible.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Defective Products and Consumer Rights (FindLaw)
• Product Liability Legal Help (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2015/10/can-i-sue-for-mirena-iud-complications.html

FAQ for Disability Insurance Denial

via Tumblr hobbsr04.tumblr.com/post/131758275867 Sadly, there are many things that can keep us from doing the work that we love. Disabilities like ADD and ADHD, carpal tunnel syndrome, cancer, and even seasonal affective disorder can substantially limit obtaining, performing, and keeping a job. But what happens when our disability claims are denied? Here are some frequently asked questions, and answers, regarding denials of disability insurance claims: Why Was My Disability Insurance Claim Denied? Disability claims can be complex, and there are many factors that could lead to a denial of your claim. Your claim could be denied for: Missing or Incomplete Paperwork: Insurance companies won’t dot your i’s and cross your t’s for you, so make sure you do it yourself. Late Filing: Disability claims have time limits, so don’t wait too long to file your claim. Lying About Your Claim: Most claims are legitimate, but filing a false disability claim is a crime. Lack of Treatment: Insurance companies will be looking to see if you’re receiving treatment for your disability, so make sure you follow through with physical therapy or any other prescribed treatment. Doctor Disagreements: It’s possible the insurance company’s doctor disagrees with your claim, and you may need to get a second opinion. What Can I Do If My Disability Claim Is Denied? Just because your disability claim has been denied doesn’t mean it’s over — you just need to know what to do next. You may be able to appeal a disability claim denial. But figuring out why your claim was denied and correcting it or filing an appeal are important decisions that must be made carefully, and most likely very quickly. Do I Really Need a Disability Attorney? Trying to fight a disability insurance denial on your own can be complicated. A disability insurance lawyer will be able to guide you through the basics of the benefits, how the Employee Retirement Income Security Act (ERISA) may apply to your case, and determine whether you are eligible for Social Security Disability Insurance. And if your claim is denied, a disability attorney can aid with your appeal. If your disability insurance claim has been denied, you should consult with an experienced disability attorney near you. Related Resources: Was your long-term disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury) 5 Questions to Ask a Disability Lawyer (FindLaw’s Injured) What Is Disability Insurance? 3 Basic Questions (FindLaw’s Injured) Confused by Disability Insurance Claims? FindLaw’s Top 5 Tips (FindLaw Insider) from Injured blogs.findlaw.com/injured/2015/10/faq-for-disability-insu... via Blogger hobbsr04.blogspot.com/2015/10/faq-for-disability-insuranc...

via Flickr http://www.flickr.com/photos/87814799@N02/22425610661

FAQ for Disability Insurance Denial

Sadly, there are many things that can keep us from doing the work that we love. Disabilities like ADD and ADHD, carpal tunnel syndrome, cancer, and even seasonal affective disorder can substantially limit obtaining, performing, and keeping a job. But what happens when our disability claims are denied?

Here are some frequently asked questions, and answers, regarding denials of disability insurance claims:

Why Was My Disability Insurance Claim Denied?

Disability claims can be complex, and there are many factors that could lead to a denial of your claim. Your claim could be denied for:

• Missing or Incomplete Paperwork: Insurance companies won’t dot your i’s and cross your t’s for you, so make sure you do it yourself.
• Late Filing: Disability claims have time limits, so don’t wait too long to file your claim.
• Lying About Your Claim: Most claims are legitimate, but filing a false disability claim is a crime.
• Lack of Treatment: Insurance companies will be looking to see if you’re receiving treatment for your disability, so make sure you follow through with physical therapy or any other prescribed treatment.
• Doctor Disagreements: It’s possible the insurance company’s doctor disagrees with your claim, and you may need to get a second opinion.

What Can I Do If My Disability Claim Is Denied?

Just because your disability claim has been denied doesn’t mean it’s over — you just need to know what to do next. You may be able to appeal a disability claim denial. But figuring out why your claim was denied and correcting it or filing an appeal are important decisions that must be made carefully, and most likely very quickly.

Do I Really Need a Disability Attorney?

Trying to fight a disability insurance denial on your own can be complicated. A disability insurance lawyer will be able to guide you through the basics of the benefits, how the Employee Retirement Income Security Act (ERISA) may apply to your case, and determine whether you are eligible for Social Security Disability Insurance.

And if your claim is denied, a disability attorney can aid with your appeal. If your disability insurance claim has been denied, you should consult with an experienced disability attorney near you.

Related Resources:

• Was your long-term disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• 5 Questions to Ask a Disability Lawyer (FindLaw’s Injured)
• What Is Disability Insurance? 3 Basic Questions (FindLaw’s Injured)
• Confused by Disability Insurance Claims? FindLaw’s Top 5 Tips (FindLaw Insider)

from Injured http://blogs.findlaw.com/injured/2015/10/faq-for-disability-insurance-denial.html

Defective Products: What's My Case Worth?

via Tumblr hobbsr04.tumblr.com/post/131706613497 You bought a product and got hurt due to a defect. What should you do now? Look to product liability law for relief. This is the area of the law that holds companies accountable for damages due to product defects. No one can say what your case is worth without serious examination, but here are some basics to consider. Product Liability Primer The principle behind product liability is that consumers’ ordinary expectations should be met when buying things. Purchases should not be unusual, neither defective nor dangerous. Companies whose products do not meet ordinary expectations may be sued under a few theories – negligence, strict liability and breach of warranty. The precise rules that will apply depend on the state in which you will sue as there is no federal product liability law. States model these rules on a set of commercial law principles called the Uniform Commercial Code. Who Can You Sue? Although traditionally product liability claims were limited to a purchaser only, in many states this is no longer the case. That means that you may sue for damages due to a defective product received as a gift. If it was foreseeable that you could have been injured by the item’s entry into the marketplace, you have standing to sue. But note that there are limitations. Defendants do need to be in the distributor’s regular supply chain for strict liability cases. As for whom to sue, it depends on the details of the case – the product, the defect, and where it arose. But theoretically, anyone on the chain of production and distribution can be liable, including: Parts manufacturers Product Manufacturers Product Assemblers or Installers Wholesalers Retailers The Thing Speaks for Itself There are some interesting theories at play in product liability law. One is res ipsa loquitor, Latin for ‘the thing speaks for itself.’ Things speak for themselves when they are obvious. So, in some product liability cases, where the defect is particularly egregious and clearly arises from negligence, the burden of proof shifts. Instead of you, the plaintiff, proving that the defendant was negligent, the defendant must show that it was not negligent. That makes it easier for you. Strict Liability in Brief Another interesting notion is that of strict liability. This allows consumers to sue for a product defect that damaged them without proving negligence. There are three conditions to making this claim. If you can show all three of the following, you need not prove carelessness on the seller or maker’s part. They are: 1. The product had an unreasonably dangerous defect that injured a user. The defect occurred in the design, manufacture, shipping or handling. 2. The defect caused injury while used as intended. 3. The product was not substantially altered so as to affect performance. Consult With Counsel As you can see, product liability law is quite complex and you will need an attorney. But now you know the basics before consulting with counsel. Related Resources: Browse Product Liability Lawyers by Location (FindLaw) Product Liability Law FAQ (FindLaw) How Much is Your Personal Injury Case Worth? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/10/defective-products-what... via Blogger hobbsr04.blogspot.com/2015/10/defective-products-whats-my...

via Flickr http://www.flickr.com/photos/87814799@N02/22394392475

Defective Products: What's My Case Worth?

You bought a product and got hurt due to a defect. What should you do now?

Look to product liability law for relief. This is the area of the law that holds companies accountable for damages due to product defects. No one can say what your case is worth without serious examination, but here are some basics to consider.

Product Liability Primer

The principle behind product liability is that consumers' ordinary expectations should be met when buying things. Purchases should not be unusual, neither defective nor dangerous.

Companies whose products do not meet ordinary expectations may be sued under a few theories -- negligence, strict liability and breach of warranty. The precise rules that will apply depend on the state in which you will sue as there is no federal product liability law. States model these rules on a set of commercial law principles called the Uniform Commercial Code.

Who Can You Sue?

Although traditionally product liability claims were limited to a purchaser only, in many states this is no longer the case. That means that you may sue for damages due to a defective product received as a gift.

If it was foreseeable that you could have been injured by the item's entry into the marketplace, you have standing to sue. But note that there are limitations. Defendants do need to be in the distributor's regular supply chain for strict liability cases.

As for whom to sue, it depends on the details of the case -- the product, the defect, and where it arose. But theoretically, anyone on the chain of production and distribution can be liable, including:

• Parts manufacturers
• Product Manufacturers
• Product Assemblers or Installers
• Wholesalers
• Retailers

The Thing Speaks for Itself

There are some interesting theories at play in product liability law. One is res ipsa loquitor, Latin for 'the thing speaks for itself.'

Things speak for themselves when they are obvious. So, in some product liability cases, where the defect is particularly egregious and clearly arises from negligence, the burden of proof shifts. Instead of you, the plaintiff, proving that the defendant was negligent, the defendant must show that it was not negligent. That makes it easier for you.

Strict Liability in Brief

Another interesting notion is that of strict liability. This allows consumers to sue for a product defect that damaged them without proving negligence.

There are three conditions to making this claim. If you can show all three of the following, you need not prove carelessness on the seller or maker's part. They are:

1. The product had an unreasonably dangerous defect that injured a user. The defect occurred in the design, manufacture, shipping or handling.

2. The defect caused injury while used as intended.

3. The product was not substantially altered so as to affect performance.

Consult With Counsel

As you can see, product liability law is quite complex and you will need an attorney. But now you know the basics before consulting with counsel.

Related Resources:

• Browse Product Liability Lawyers by Location (FindLaw)
• Product Liability Law FAQ (FindLaw)
• How Much is Your Personal Injury Case Worth? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/10/defective-products-whats-my-case-worth.html