Monday, November 7, 2016

When to Sue an Optometrist for Eye Injuries

Ask most Americans which of their five senses they would least like to go without, and chances are they will say, "Sight." Our eyesight and vision is one of our most coveted aspects, and many consider blindness the worst thing that could happen to them.

So it's no surprise that we take eye health and care so seriously, and why optometrists are held to such a high standard of care. And if an optometrist fails to provide eyesight and vision care up to that standard, lawsuits are possible.

Seeing an Optometrist

Like any other doctor, an optometrist can be liable for medical malpractice when that malpractice causes an injury. Optometrist malpractice could take the form of failing to diagnose an ocular disease, or medical condition, for misdiagnosing a vision ailment, or for prescribing the wrong treatment.

Optometrists could also be held liable for the negligence if an injury occurs during eye surgery, or while using medical devices if they ignored the manufacturer's instructions. And an optometrist may also prescribe an incorrect set of glasses or contact lenses, doing more damage to your eyesight than good.

Suing an Optometrist

A case for malpractice against an optometrist looks like the same as those against other doctors. State malpractice laws can differ, but most lawsuits are premised on four main elements:

  • Duty: Optometrists owe their patients a duty of care, to diagnose and treat eye and vision ailments to the same ability of other optometrists.
  • Breach: You must prove that an optometrist failed to meet this duty, generally by misdiagnosis or mistreatment.
  • Causation: You must prove that you were injured as the result of an optometrist's breach of duty, and that your injuries were the fault of the optometrist, and not something some other cause.
  • Damages: You must prove your injuries, through medical records, medical expenses, or even emotional distress.

Injured plaintiffs must prove all of these elements to have a successful claim for optometrist malpractice, and proving each element can be complicated, involving medical evidence and doctor testimony.

To find out if you can sue an optometrist for malpractice, you should consult a local personal injury attorney.

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from Injured http://blogs.findlaw.com/injured/2016/11/when-to-sue-an-optometrist-for-eye-injuries.html
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Friday, November 4, 2016

Ebola Nurse Settles Lawsuit Against Hospital

A nurse who contracted Ebola from the first U.S. patient to be diagnosed with the disease back in 2014 settled her lawsuit against the hospital she worked in last month. While the details of the settlement remain confidential, typically, when a settlement is announced like this, it means the plaintiff won.

The nurse's lawsuit alleged that the hospital was negligent in training staff to handle an Ebola diagnosis, and failed to provide the proper safeguards for employees. Fortunately, both this nurse and one other nurse that also contracted Ebola at the same hospital, made full recoveries from the deadly viral infection. Unfortunately, as a result of the stress and treatments, both still suffer some lingering effects such as pain, hair loss, insomnia, and nightmares.

Can You Sue Your Employer for an Illness Received On-the-Job?

While some people might find it odd that a nurse can sue a hospital after contracting the same virus that a patient in the hospital had, there's more to it than that. The hospital in question did not have the proper supplies on hand to protect their employees, and additionally, had not properly trained their staff on how to handle the Ebola virus. Around that time in 2014, there was worldwide concern over the outbreak of Ebola, and hospitals across the United States weren't just getting ready to treat single cases, but were gearing up for an outbreak. These facts provide the backdrop for a negligence claim.

To make matters worse, the nurse in this case not only contracted the illness, but was used as a political prop for the hospital. Video footage of her was shown, and her medical case was treated as a publicity stunt, rather than a private matter.

Why Not Workers' Compensation?

While the nurse may have been able to file a workers' compensation claim, typically, those are for on-the-job injuries that will require a protracted recovery time where the employee will need steady income during that time. The injury in this case is more closely related to a standard negligence claim because it would not have happened if the hospital had prepared properly. In this case, a workers' compensation claim would not have fully remedied the nurse's legal claims.

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from Injured http://blogs.findlaw.com/injured/2016/11/ebola-nurse-settles-lawsuit-against-hospital.html
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Can You Get Workers' Comp for Zika?

It may sound far-fetched, but when you consider that over 2.5 billion people worldwide live within Zika danger zones, wondering if you can get compensated for contracting the virus on the job is a legitimate concern. The Florida Fraternal Order of Police seems to think so, as the police union has requested that Sunshine State workers' compensation coverage be extended to first responders who come into contact with Zika while working.

So will they get it? And what about workers' comp for other employees who contract Zika?

Taking a Bite out of Crime Fighters

The Florida FOP also confirmed this week that a second Miami Beach police officer contracted the Zika virus in South Florida. The union did not release the officer's name, but says Miami Beach officials refused both officers' workers' compensation claims. Current workers' compensation laws require proof of Zika exposure while working, and while the union claims officers were infected on the job, they didn't release details on where the officers contracted the virus.

Miami has two designated Zika transmission zones within the city and Miami Beach spokeswoman Tonya Daniels said city employees have been offered free Zika testing and mosquito repellent. But police union president Bobby Jenkins told the AP that testing "does not mitigate the need for their coverage of the employees that they place at risk," and is asking lawmakers to step in.

In Harm's Way on the Job

As a general rule, workers' compensation insurance covers on-the-job injuries, which can either mean injuries incurred at the work location or elsewhere while performing work duties, as long as the injury is work-related. State laws on workers' comp claims may vary however, in terms of coverage and filing requirements. If an employee is forced to work somewhere with a high risk of Zika infection, or comes into contact with virus as part of his or her job, an infection most likely would be covered.

Most state workers' comp structures require employees to file a workers' comp claim before they can file a lawsuit. If the claim is denied, employees may have other legal options to get compensation for their injuries.

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from Injured http://blogs.findlaw.com/injured/2016/11/can-you-get-workers-comp-for-zika.html
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Thursday, November 3, 2016

Off Roading Accident Liability

Off roading accidents frequently result in severe injuries and even death. Many off road vehicles, such as ATVs, ROVs, and dirt bikes, provide very little protection for drivers or passengers. When an injury occurs as a result of an off roading accident, liability may be difficult to assess and the injuries can be rather severe.

In an off roading accident involving no other vehicles, frequently the driver of the vehicle will be considered to be at fault. If there were passengers who were injured, they would potentially have a claim for damages against the driver. If the vehicle malfunctioned or crashed as a result of a defect, the manufacturer could potentially be held liable. Additionally, if the land or vehicle were in a condition that made them dangerous to off road on or in, then the respective owners may be held liable for negligence.

Passenger Injury and Assumption of Risk

In some situations, a passenger may be presumed to have assumed the risk of injury when they decided to ride as a passenger in an off road vehicle. For example, if a passenger knew that the driver of the off road vehicle was drunk or even inexperienced, it can be argued that the passenger assumed the risk of injury by agreeing to participate in a highly dangerous activity.

Simply going off roading likely does not mean a person is assuming the risk of injury. However, if circumstances, such as riding with a drunk driver, make the activity clearly more dangerous, then the legal theory of assumption of risk may apply. The legal theory may totally or partially defeat an injury claim depending on the circumstances.

Insurance Coverage

Even though an accident happened off road, frequently if the vehicle does have a valid auto insurance policy, then there may be insurance coverage for any injuries sustained. Unfortunately many off-road vehicle owners do not purchase liability insurance for vehicles like ATVs or dirt bikes if there is no plan to drive them on regular roads. The CPSC actually recommends not using off road vehicles on roads due to multiple safety concerns.

If there is no auto insurance, a homeowner’s policy may be able to provide coverage for injuries. Additionally, where a minor is liable for the accident, a parent’s home owner’s policy may be able to cover the injuries.

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from Injured http://blogs.findlaw.com/injured/2016/11/off-roading-accident-liability.html
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Wednesday, November 2, 2016

Can You Get Disability for Being Single?

The Telegraph is reporting that the World Health Organization will be updating its definition of "infertile" to include single men and women with no medical issues who have been unable to find a suitable sexual partner or sufficient sexual relationships which could achieve conception. Previously, men and women had to demonstrate 12 months of unprotected sex without conception to classify as infertile.

This may seem like a simple shift, and one that could even have the added benefit of giving gay men and women the same priority access to in vitro fertilization resources as heterosexual couples. But not everyone is happy about taking social conditions into account when changing global medical standards, especially those that could alter access to public healthcare funds.

The Need for Change

One of the authors of the new standards, the WHO's Dr. David Adamson, explained expanding the scope of infertility:

"The definition of infertility is now written in such a way that it includes the rights of all individuals to have a family, and that includes single men, single women, gay men, gay women. It puts a stake in the ground and says an individual's got a right to reproduce whether or not they have a partner. It's a big change."

The change is especially big for countries with government-funded healthcare or public funding for fertility treatments, including IVF, who may now be required to provide coverage for far more people. "It fundamentally alters who should be included in this group and who should have access to healthcare," Dr. Adamson said. "It sets an international legal standard. Countries are bound by it."

The Impact of Change

The American Disabilities Act does not specifically name each and every impairment that's covered under the Act. Instead, a person is defined as having a disability if they have "a physical or mental impairment that substantially limits one or more major life activities ... a history or record of such an impairment, or ... is perceived by others as having such an impairment." For almost all parents, having a child is a major life activity, and infertility is an impairment for those unable to have children.

And although they have yet to be finalized, the new WHO guidelines on infertility could apply. Only time will tell whether insurers must give the same access to IVF therapy to single wannabe parents as heterosexual couples.

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from Injured http://blogs.findlaw.com/injured/2016/11/can-you-get-disability-for-being-single.html
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When Can a Lien Be Put on Your Personal Injury Settlement?

You've won your personal injury lawsuit, which is fantastic. But it turns out you still have some bills to pay, and perhaps to some people you didn't expect. If those bills go unpaid, creditors, insurance companies, or medical providers may try to secure a "lien" against your settlement. A lien is essentially a legal attachment to your property, saying you owe a debt to someone else, and liens against personal injury awards can mean those debts can be paid out of your personal injury settlement first.

So here's want you need to know about liens in personal injury cases:

Pre-Settlement

It's best to get a handle on possible liens before you settle your personal injury claim. There could be statutory liens where state or federal laws require you to pay back Medicare, ERISA health insurance plans, the Veterans Administration, or workers compensation insurance plans from your settlement amount. Or, there could be contractual liens that arise from private insurers or medical providers.

If these bills haven't been paid or resolved at the outset of your case, they will still be there waiting after you settle, even if your injuries were someone else's fault. You and your attorney should work to figure out which bills have been paid and which remain outstanding. Not only will this help in determining the value of your personal injury claim, it will make sure any and all possible lien holders will be compensated. You may even want to keep lien claimants in the loop during settlement negotiations.

Post-Settlement

Once you've settled your personal injury claim, you'll want to reach with the lien claimants, confirm that you've an agreement. After that, you and your attorneys should make sure that any and all creditors, medical providers, and insurers are paid promptly and confirm the payment is the full and final satisfaction of any claim they may have arising out of your case.

The sooner potential lien claimants are identified and paid, the sooner you can get on with your life, and the less chance you'll have liens placed on your personal injury award. This kind of work is best left to the professionals, so talk to a local personal injury attorney about your settlement today.

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from Injured http://blogs.findlaw.com/injured/2016/11/when-can-a-lien-be-put-on-your-personal-injury-settlement.html
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Tuesday, November 1, 2016

NY Brain Surgeon Faces Three Malpractice Lawsuits

One of the leading brain surgeons that co-founded the North Shore University Hospital’s Chiari Institute is facing three malpractice lawsuits over surgeries to correct Chiari malformations. The suits all allege that Dr. Bolognese improperly or needlessly performed a surgery to correct a Chiari malformation in each of the three separate plaintiffs.

The Chiari malformation is a rare condition where part of the brain forms under the brainstem where it connects with the neck and spinal cord. The effects of a Chiara malformation are varied from no symptoms at all, to severe. Currently the only treatment is surgery.

History of Getting Sued

Dr. Bolognese has seen quite a bit of trouble. According to one source, though the doctor was not out of operating room for long, he was suspended back in 2010 for failing to show up for a surgery. Also, he has faced approximately 20 medical malpractice lawsuits.

In addition to the malpractice lawsuits, a former employee who sued her hospital for sexual harassment, described some very strange behavior by Dr. Bolongese during surgery, including disappearing mid surgery and openly using expletives when frustrated.

A Surgeon’s Malpractice Liability

Surgeons, like any other doctor, can commit medical malpractice. Discovering surgical malpractice is difficult however as frequently patients are under anesthetic and therefore unaware while the surgeon is working. If it is something obvious, like the surgeon operated on the wrong body part or patient, this will be easily discovered. However, if a surgical sponge or other implement was left behind, or the surgery was unnecessary, or some other avoidable mistake occurred, discovering the problem is the first step and may require expert medical assistance.

Once the mistake or problem is discovered, it must be determined, generally by more medical or surgical experts, whether the surgeon in your case fell below the standard of care. This means that a surgery that doesn’t work isn’t necessarily grounds for a malpractice suit. It only will be grounds for a lawsuit if the doctor made a mistake that made the level care provided fall below the standard of care that should have been provided.

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from Injured http://blogs.findlaw.com/injured/2016/11/ny-brain-surgeon-faces-three-malpractice-lawsuits.html
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