Wednesday, December 7, 2016

What Are the Most Dangerous Plastic Surgery Procedures?

Most plastic surgeons are competent, compassionate, and careful. And the vast majority of plastic surgeries are successful and injury-free. But, like any surgery, cosmetic operations have risks, and can go wrong.

So are there procedures that are more risky than others? And if so, which plastic surgeries are the most dangerous?

1. Facial Reconstruction

One of the biggest health risks from plastic surgery is nerve damage, and few places on the body have more nerve endings than the face. Facelift patients could experience numbness, loss of motion, or dropping of facial features from cheek, forehead, or neck lift procedures.

Additionally, any procedure near the eye can do catastrophic damage. Eyelid lifts can result in optic nerve damage or blindness if not performed perfectly. Even nose jobs are risky, and patients may experience difficulty breathing or recurrent nosebleeds.

2. Liposuction and Tummy Tucks

Yes they are the most common cosmetic procedures, but abdominal surgeries can be some of the most dangerous, based primarily on the area and the organs involved. Tummy tucks can run the risk of seronoma (excessive build-up of fluid), internal bleeding, and tissue necrosis. And liposuction near the abdomen can involve serious blood clots, perforations in the stomach wall, and fat clogs near the lung.

Also, like any other surgery, these invasive cosmetic procedures can run the risk of infection or complications from anesthesia.

3. Butt Implants or Injections

It's just my rear end, you're thinking, how much damage could surgery do? Quite a lot, as it turns out. Any implant procedure will carry risk of infection, bleeding, and implant rupture or migration. But gluteal surgeries can also create increased sciatic nerve pressure (which can be especially painful), and unlicensed silicone butt injections have proved fatal.

Any surgery carries risks. If your surgeon did not tell you about known risks, or you think he or she performed your surgery incompetently, contact an experienced attorney today.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/what-are-the-most-dangerous-plastic-surgery-procedures.html

Tuesday, December 6, 2016

Multiple Lawsuits Filed in Fatal School Bus Crash

As family, friends, and the community mourn in the aftermath of last month’s fatal school bus crash in Tennessee, the parents of victims are beginning to file lawsuits against the bus operator. The school bus struck a mailbox and utility pole, flipped onto its side, then hit a tree. The tragic crash left six young children dead, and numerous other children injured.

As of this week, three lawsuits have been filed against the school bus operator. The lawsuits allege that the bus was not driven safely, and that the resulting injuries are a result of the unsafe operation. The most recent case was filed by the parents of a young girl that suffered a traumatic brain injury which will require life-long care.

Are School’s Liable for Injuries in School Bus Accidents

A school and school district can potentially be liable for any injury that occurs as a result of a school bus accident or any other accident on the premises or while a child is in the school’s care and custody. An exception may exist if the accident was caused by another driver. In that case, the other driver would more than likely be liable. Schools have special duties to ensure the safety of their students even on the bus. So in any situation where the school or their employee or agent was negligent, there may be liability.

When Do Children Have to Sue for Injuries?

While the statute of limitations can prevent an adult from recovering for an injury if they do not file a lawsuit within the time provided by each state, it operates a little differently for minors. The statute of limitations for minors generally does not begin to run until a minor is no longer minor. When a child becomes 18 and becomes a legal adult, all statutes of limitations from childhood begin to run. So if an eight year old is injured in a car accident, and the state has a two year statute of limitation, that eight year old will have until they are 20 years old to file a lawsuit for those injuries. Parents can step in most situations however.

However, in situations where the injury is severe and the parents need assistance with paying current medical bills, the court can appoint a guardian to act as the legal decision maker for a child (Guardian ad Litem). When a minor receives a settlement or verdict, generally a court will ensure that the money is protected for the use and care of the minor.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/multiple-lawsuits-filed-in-fatal-school-bus-crash.html

Is There Liability for Publishing Fake News?

Whether you call it fake news or conspiracy theory, allegations of imagined crimes can have very real consequences. Take the case of Edgar Welch, a father of two who drove six hours from his home in North Carolina to a Washington, D.C.-area pizza restaurant to investigate unfounded claims that it was involved in a child sex-slave ring led by former presidential candidate Hillary Clinton.

Welch's investigation involved walking into the popular pizzeria with a loaded AR-15 assault rifle and firing it inside the restaurant. Fortunately, he was arrested before anyone was injured, but his actions, and those of others who bought into the "Pizzagate" myth, have many wondering about the legal liability for publishers of fake news.

Not So Little Lies

While it's not clear exactly where Welch got his information from, according to the criminal complaint charging him with assault with a dangerous weapon, unlawful discharge of a firearm, and other gun-related charges, he told officers "that he had read online that the Comet restaurant was harboring child sex slaves and that he wanted to see for himself if they were there."

Accusations that Comet Ping Pong was involved in child sex-trafficking -- and that Clinton was at the center of the conspiracy -- began surfacing on fake news sites and social media in October and every debunking of the fabrication only served to embolden its adherents. According to the Washington Post, the restaurant, its staff, and even its business neighbors have since been subjected to attacks on social media, including death threats.

Legal Liability

In almost all cases, publishers of news, real or fake, can't be held liable for the actions of their readers. Absent some specific call to action or incitement of violence, freedom of speech and freedom of the press would protect most speakers and publishers, even if the statements were untrue.

Without knowing Welch's source, or what it said, it's hard to know whether a person or publication could be liable in this case. Obviously, simply reading a "Clinton Involved in Pizza Parlor Child Porn Ring" and taking matters into one's own hands is different from hearing a person or media outlet call on listeners to arm themselves and investigate the accusations.

And while Clinton, Comet Ping Pong, and possibly some of its employees could file defamation claims, those suits would be hard to win. Clinton, the restaurant itself, and its owners and chefs may be considered public figures, and would need to prove actual malice in order to win a libel claim. And non-public figure employees may have difficulty proving the false statements involved them. What may be easier to prove, given Welch's actions, would be damages, but all of the other elements of a defamation claim would need to be met as well.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/is-there-liability-for-publishing-fake-news.html

Monday, December 5, 2016

Liability in a Multi-Vehicle Accident

When large pile-up accidents occur, figuring out who is to blame can sometimes be impossible. Liability depends on how the accident happened, and for every vehicle involved in the accident, there will be a different account of what happened. Frequently, multi-vehicle accidents require accident reconstruction experts to figure out who is to blame.

Nearly all car accidents are the result of negligence, and most multi-car accidents are the result of multiple instances of negligence. At the end of the day, it may be that multiple individuals are liable for damages, or that no one can be held liable.

One Bump or Two?

When a multi-car collision occurs, frequently drivers at the front of the pile who were impacted are asked how many collisions or bumps they felt. This question is rather significant because it can help explain the sequence of events. For instance, in a three car rear-ender, if the front driver (D1) only felt one impact, then it is likely that only the rear car (D3) is at fault.

However, if the front car felt two impacts, then it is likely that the rear driver (D3) and the middle driver (D2) share fault to the front car, but the rear car will also be liable to the middle car. If the front driver feels more than one impact, it is presumed that he (D1) was hit (by D2), and then the person that hit him was hit after (by D3).

Accident Reconstruction

After a big accident, in order to figure out liability, accident reconstruction experts will usually be asked to examine all the evidence. The goal of an accident reconstruction expert is to take all the witness statements, drivers’ statements, information in police reports, photographs of the scene, photographs of the damages, and any other available information, to explain the chain of events.

Comparative versus Contributory Negligence

While every state recognizes negligence as a cause of action, states split on what they do when more than one party was negligent. In comparative negligence states, if a driver is found to be 25% at fault then their recover will be reduced by that percentage. In contributory negligence states, if a driver is found to be 5% or even 1% at fault, they cannot recover at all.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/liability-in-a-multi-vehicle-accident.html

Texas Jury Awards Over $1B Against Johnson & Johnson in Hip Implant Lawsuit

Jurors in Texas awarded six California plaintiffs $1.041 billion in a lawsuit against Johnson & Johnson and its subsidiary, DePuy Orthopaedic, over defective hip implants. It's another ignominious defeat for J&J, who've been hit with six of the seven largest jury awards this year, according to the American Bar Association.

It's also another in a long line of lawsuit losses for J&J and DePuy over their hip implants, which plaintiffs allege cause tissue death, bone erosion, and other injuries.

Not So Hip

The most recent jury verdict, which concerns DePuy's Pinnacle hip implants, is comprised of $32 million in compensatory damages, and the rest in punitive damages. The judge presiding over the case previously reduced a $500 million verdict regarding Pinnacle implants to $151 million, based on a Texas law limiting punitive damages awards. However, the present case was tried under California law, so the total monetary award may still stand.

According to Bloomberg, patients claimed the DePuy hip implants leached cobalt and chromium material into their bloodstreams, forcing them to have the defective devices surgically removed. They also alleged Johnson & Johnson officials knew the metal-on-metal design would cause such injuries but ignored concerns while generating billions of dollars in sales.

Their Name Is Mud

This is far from Johnson & Johnson's first loss when it comes to faulty hip implants. The ABA reports over 8,500 plaintiffs have sued J&J in Pinnacle implant cases, and the company already paid $2.5 billion in 2014 to settle DePuy ASR hip implant litigation. (This after shelling out $4 billion in 2013 to settle thousands of lawsuits over its recalled hip implants.)

"The jury is telling J&J that they better settle these cases soon," plaintiffs' lawyer Mark Lanier told Bloomberg. "All they are doing by trying more of these cases is driving up their costs and driving the company's reputation into the mud."

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/texas-jury-awards-over-1b-against-johnson-johnson-in-hip-implant-lawsuit.html

Friday, December 2, 2016

Can You Sue for Chronic Pain or Fibromyalgia?

If you suffer from chronic pain or fibromyalgia, you may want to seek legal remedies to compensate for your pain. Fortunately, you can sue for the injuries that caused or exacerbated your conditions. However, this may lead to a very heated legal battle, since permanent injures command high settlement or verdict amounts. 

Keep in mind that you may have a hard time winning a legal battle if you already had a chronic pain condition prior to the injury. Claims that a single event caused a chronic condition or fibromyalgia will be closely scrutinized. If causation can be clearly proven with medical evidence, then you may be able to recover damages attributable to the condition.

When to Bring a Personal Injury Lawsuit

If you have been injured by the negligence or intentional actions of another person, then you may have a personal injury case. If your injuries result in chronic pain, then you should be able to recover damages that will compensate you for that pain.

Most personal injury cases come down to proving that the defendant acted with negligence. There are five elements to a negligence case: duty, breach of duty, cause in fact, proximate cause, and damages. A personal injury attorney can help you better understand if you may have a successful case for negligence.

Fortunately, personal injury lawyers are often only paid if a case is favorably settled or won in court. This is called a contingency fee. So you generally won’t have to pay for an an injury lawyer’s services unless your case is successful.

Suing With a Prior Condition

Under the law, a person who causes another person’s injury is liable for the economic damages they cause to the injured person. For example, if a person is injured in a car accident, the person that caused the accident will be responsible for the injured person’s medical bills, lost wages, and other economic damages, as well as for the injured person’s pain and suffering.

This is true even if the injured person was more susceptible to injury than the average person. When an injury victim is more susceptible to injury, they are commonly called eggshell plaintiffs.

If a person has a condition that makes them more susceptible to injury, then the person who causes the injury may face a higher award of economic damages. The elderly are commonly used as examples of eggshell plaintiffs because small accidents can cause big injuries.

Whether or not you have a prior condition of chronic pain, you may have a viable injury case if you have been injured by the actions of another. Contact an injury lawyer right away to find out if you have a case.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/can-you-sue-for-chronic-pain-or-fibromyalgia.html

Thursday, December 1, 2016

When Are Schools Liable for Student Injuries?

Schools are entrusted with more than just the education of their students, they are entrusted with the safety of the children they seek to educate. When a student is injured due to a school’s failure to keep the student safe, the student will likely have an injury claim that can be brought against the school.

School injuries can occur for many different reasons. Most injuries tend to be the result of school sponsored sports. However, fights, accidents, and even assaults on school property can result in injuries that a school can be held liable for. Like any other public or private establishment or business, a school has a duty to keep their premises safe. Students that suffer injuries on school property as a result of poor maintenance, or a dangerous condition, like a wet floor, will likely have a premises liability claim.

Sports Injuries

While sports injuries are the most common types of injuries that occur at schools, they are most frequently the type of injury that schools are not held liable for. Generally, students, or more accurately, their parents, must sign release of liability waivers in order to be allowed to participate in any school sport.

These releases and waivers will prohibit lawsuits for injuries that are the result of playing the sport under reasonable supervision. However, when coaches or school staff are negligent in their supervision or coaching, they can potentially face liability even if a waiver was signed. Additionally, waivers will usually not excuse intentional conduct or gross negligence.

Assaults, Bullies, and Shootings

Schools can be held liable if they were negligent in allowing an assault or bullying to occur. In order to show a school was negligent in allowing an assault or bullying, it would likely be required to show the school knew the assault was going to happen, or the bullying was going on, and did nothing to stop it. Bullying can have devastating effects, and schools that don’t act to stop can face devastating consequences.

Schools can also face liability if an intruder or shooter causes harm to a student. While proving liability in intruder or shooting cases can be difficult, it is possible and has been done before.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/when-are-schools-liable-for-a-students-injuries.html