Is Your Doctor Incompetent? 3 Practical Legal Tips

A doctor generally cannot practice medicine unless they are competent to do so. Each state defines what requirements a doctor must meet to be considered, and remain, competent. Typically, doctors are required to complete a certain number of hours of course work, as well as do on-the-job training, and pass grueling exams.

Below, you'll find three tips on what to do if you are concerned that your doctor may not be competent.

1. Check Your State's Medical Licensing Board

Each state maintains a public listing of licensed doctors, which, in most states, including California, is maintained online. If you suspect that your doctor may not be licensed, you can check your state's database.

If you discover that your doctor is not licensed, then you will have a legal claim stemming from the unauthorized practice of medicine, which can have some severe and costly consequences for the unlicensed doc.

2. Check Your Doctor's Online Reviews, and Presence

There are several online review sites that provide patient ratings and testimonials. If your doctor only has one or two negative reviews, it may not mean much. However, if your doctor has a litany of unhappy patients complaining online, you may want to reconsider keeping them as your medical provider. Additionally, if you search for your doctor's name online, and you get news articles about prior medical malpractice claims against them, this should be a red flag.

If your doctor's treatment has not gone according to plan, and your doc refuses to change course, you may want to consider getting a second or third opinion, and maybe even speaking to a medical malpractice attorney if the treatment, or lack thereof, is causing you further injury.

3. Do You Smell Alcohol, or Suspect Drug Abuse?

While doctors may seem superhuman in their ability to heal others, they are in fact human and susceptible to drug and alcohol addiction. Doctors, in particular, due to their easy access to prescription drugs, are relatively frequently found to have prescription drug problems which can interfere with their work. If you suspect that your doctor is abusing drugs or alcohol, you will probably want to change doctors and even report your suspicion to the hospital or medical board.

If you are injured as a result of an incompetent doctor's actions, you should contact an experienced medical malpractice or injury attorney to evaluate your case.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Choosing a Physician: Ten Things to Think About (FindLaw's Learn About the Law)
• Distracted Doctors Linked to Medical Errors (FindLaw's Injured)
• Can I Tell People About My Bad Doctor? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/is-your-doctor-incompetent-3-practical-legal-tips.html

Who's Liable in a Bicycle Delivery Injury Accident?

Bicycle injury accidents occur with regular frequency in most cities where bicycle delivery services are common. When a bicyclist is involved in an injury accident, there are specific issues that can arise if the injured person was working as a bicycle courier or messenger.

Whether the cyclist is at fault, or the other party was at fault, there are similar considerations that non-cyclists should be aware of when it comes to accidents with bicycle messengers. If the bicyclist was currently engaged in a delivery, or was en route to make a pick up, there is a chance that the cyclist will be covered under an employer's workers' compensation policy, regardless of who is at fault. Cyclists should avail themselves of workers' compensation, if it is available to them, as failing to do so could result in a reduction of the potential damages.

When Couriers Collide

Although this may sound callous to devoted cyclists, it is not that uncommon for bicyclists to be in the wrong in an accident. Also, bicyclists can cause significant damage to vehicles, drivers, passengers, and especially pedestrians.

If an individual is injured by a bicycle courier, or their car is damaged, both the bicycle delivery agency and the messenger can be held liable. The plaintiff will likely want to seek legal relief against the courier, or messenger agency, in addition to the individual cyclist, as the agency is more likely to have those proverbial "deep pockets." The individual cyclist could even have personal liability insurance coverage through a specialty, homeowners, or renters, insurance policy.

Don't Hit the Messenger

When a vehicle hits a bicycle messenger, the messenger will have a personal injury cause of action against the driver regardless of whether they have workers' compensation coverage available to them. If there is coverage available, any personal injury recovery against the at fault driver might be subject to subrogation from workers' compensation, or potential reduction for mitigation, depending on state laws. However, subrogation of a workers' comp claim would likely only account for lost wages, whereas the personal injury action can account for other damages, including pain and suffering.

While New York may be ahead of the curve when it comes to regulating bicycle delivery services, for messengers and couriers in other states or cities without sufficient employer provided protections, insurance companies offer special policies for private, or independent contractor, bicycle messengers.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Top 5 Legal Tips for Bicycle Injury Lawsuits (FindLaw's Injured)
• Top 5 Bike Accident Lawsuit Questions (FindLaw's Injured)
• 5 Signs Your Bike Injury Is Lawsuit-Worthy (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/whos-liable-in-a-bicycle-delivery-injury-accident.html

3 Common Types of Hospital Infections and When to Sue

When a person suffers from an injury, or dies, due to an infection contracted at a hospital, liability will not always be as cut and dry as one might expect. In fact, in many cases, infections are found to be no one’s fault, and a victim may be left without any legal recourse.

However, oftentimes, infections occur due to a failure to follow proper medical procedures to prevent infections. Infection cases follow the same basic principles as medical malpractice cases. When a preventable infection occurs at a hospital, the medical staff and the hospital can potentially be held liable. Here are three common types of infection that happen at hospitals, as well as information about when to contact an attorney and file a lawsuit.

1. Surgical Site Infections

A rather common type of infection is known as a surgical site infection (SSI). As the name implies, these infections occur after a surgical procedure, and involve an infection near or around where a person was cut open for surgery. The infection can be related to unsanitary conditions during the actual procedure, or afterwards during wound care.

2. Device Related Infections

Medical device related infections are incredibly common. Common device related infections occur when patients are catheterized, put on respirators or ventilators, or if they have an IV, or any other device inserted into their body. If these devices are not kept clean, serious, and even fatal, infections can result.

3. Respiratory Infections

Sometimes just breathing in a virus will result in an infection. Unfortunately, because hospitals always have sick people coming and going, simply walking into a hospital can expose a person to potential airborne illnesses and infections. However, as one report explains, the danger to visitors, or routine doctor visits, is negligible compared to admitted patients.

When to Sue?

These cases can be tricky to prove as an individual is usually left guessing how and when the infection actually occurred. It could have happened during a surgery, or at some point after while caring for a surgical wound. If an individual has been released from the hospital, it may be even more difficult to figure out if the infection started while admitted, or after release.

Whether or not an infection rises to the level of medical malpractice will depend on the circumstances surrounding how the infection occurred. Medical malpractice cases are difficult, have strict deadlines, and are legally complex. If hospital staff were responsible for cleaning, or maintaining, a wound, or medical device, and an infection occurs at that site, it may be a good idea to contact an experienced medical malpractice attorney to discuss whether you have a case.

Even if the infection does not present until after you have been discharged, or you were responsible for your own wound care, you may still want to talk to a medical malpractice attorney to see if your infection may have been the result of malpractice or hospital negligence.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• 3M Bair Hugger Lawsuits: Surgical Warming Blankets Causing Deadly Infections (FindLaw’s Injured)
• Hospital Sued for Deaths Linked to Mold Outbreak (FindLaw’s Injured)
• When to Sue a Hospital for MRSA or Other Staph Infections (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/3-common-types-of-hospital-infections-and-when-to-sue.html

Can You Sue a Doctor for Emotional Distress?

When a doctor makes a mistake, the ramifications aren't always physical. A misdiagnosis can emotionally traumatic, and mistreatment can be psychologically damaging. Injurious acts by doctors, whether negligent or intentional can cause patients mental stress and anguish, but do patients have any legal recourse?

Here's a look:

Suing for Emotional Distress

Emotional distress claims can be tricky. Lawsuits based on emotional distress are generally split into two different types:

1. Negligent Infliction of Emotional Distress: Where someone suffers some mental or emotional harm such as shock or trauma because of another's negligence; and
2. Intentional Infliction of Emotional Distress: Where someone's extreme or outrageous conduct intentionally or recklessly causes someone else severe emotional distress.

In some states, emotional distress claims based on negligence may be barred, depending on the presence, or lack thereof, of physical injury: some states bar emotional distress claims in cases where the distress is a direct result of physical injury, others require some demonstration of a physical injury or illness as a result of the emotional distress. And other states limit NIED claims to emotional distress experienced directly or as a bystander within a zone of physical danger.

When it comes to emotional distress claims based on intentional conduct, it comes down to the definition of terms. Was the conduct extreme or outrageous? Did the plaintiff act intentionally or recklessly? Is the emotional distress severe?

Proving Emotional Distress Claims

In the context of the doctor-patient relationship, proving the necessary elements of an emotional distress claim can be difficult. Plaintiffs may need medical evidence, from psychologists or orthopedists, of emotional or physical injuries -- the more intense the mental anguish and the longer the suffering, the more likely you'll be able to prove emotional distress. And the more extreme or outrageous the underlying conduct, the more likely you'll be able to link your distress to that conduct.

Recovering for emotional distress due to a doctor's malpractice may be more appropriate with a pain and suffering claim. To get more information about suing a doctor for emotional distress, contact an experienced personal injury attorney.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• Can You Sue Over Mental Stress, Trauma? (FindLaw's Injured)
• Can You Sue a Doctor for Lying? (FindLaw's Injured)
• Can You Sue for a Misdiagnosis? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/can-you-sue-a-doctor-for-emotional-distress.html

Top 5 Legal Tips for Bicycle Injury Lawsuits

Many bicyclists ride for the positive health effects -- a good cardio workout, some fresh air, and less pollution. But every now and then, being on the bike, or being knocked off of it, can have some negative health effects as well.

Bicycle accidents are unfortunately fairly common, and many of those accidents result in injuries. Here are a few legal pointers if you're considering a bicycle injury lawsuit.

1. Bike Accident Injury: Insurance Claims and Legal Options

Not all bike crashes need to result in lawsuits. If you're involved in a collision with a car, the driver's insurance may cover your injuries. And if you were hurt because of dangerous road conditions or faulty sidewalk repair, you might file a claim against the city, county, or state and receive compensation without going to court.

2. Baby Bike Seat and Trailer Injuries

Not all bicycle injuries are to the adult riders. As more parents bring their children along for the ride, the chances for injuries increase. Find out how to deal with injuries to children if they're riding along in a baby seat or in the trailer behind the bike.

3. 7 Steps to Take Immediately After a Bike Accident

If you've been injured in a cycling accident, what you do right after the crash will be crucial to any future legal claims. Contacting law enforcement and your insurance company, documenting the scene and injuries, and getting as much information as possible from other parties involved may be the difference between winning and losing your case.

4. Bicycle Accidents Can Be Deadly, And Costly

Compared to their driving counterparts, cyclists are vulnerable on the road. And accidents on bicycles can be especially dangerous. Stories of catastrophic injuries and even deaths are not uncommon in bicycle accidents cases, so be careful while riding, and after a crash as well.

5. Top 10 States for Bicyclist Fatalities Revealed

And when it comes to those deadly accidents, not all states are created equally. Find out which states are the most dangerous for cyclists, and which are the safest as well.

If you've been hurt in a bike crash, contact an experienced injury attorney.

Related Resources:

• Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury)
• 5 Signs Your Bike Injury Is Lawsuit-Worthy (FindLaw's Injured)
• Fatal Bicycle Crashes On the Rise: 5 Facts You Should Know (FindLaw's Injured)
• Top 5 Bike Accident Lawsuit Questions (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/top-5-legal-tips-for-bicycle-injury-lawsuits.html

5 Common Spring Break Injuries and Your Legal Rights

Spring break can be an unforgettable experience for college kids across the country. Unfortunately, for many, those memories include getting injured while partying.

When a person is injured while on vacation, or on spring break, they may not know what to do. Below, you find a list of five common spring break injuries and legal remedies.

1. Victims of Violent Crime Have Injury Claims Too

While calling the police is critical if you are the victim of crime while on vacation, you may also have legal rights depending on what happened. Not too long ago, Coca-Cola and a nearby hotel were both sued after a spring break party goer was stabbed at a sponsored event by gang members also in attendance. However, the perpetrators can also be held liable for monetary damages.

2. Events, Parties, and Places

Event operators have a duty to keep their attendees safe, and failing to provide adequate security can make up the basis of a premises liability claim, like the stabbing claim above. Additionally, if you were injured due to an accident at a house party, or on a business or public entity’s property, you may have a legal claim for negligence, if the property was not properly maintained.

3. Cruise Ship Injuries: What Are Your Rights?

In addition to injuries that occur while on land, if you are injured while on a cruise, you have legal rights. However, injuries on the open sea, and likely while at port too, will be governed by maritime law, and you’ll definitely want a qualified maritime injury lawyer to help as these claims are much more complex than an auto accident injury.

4. Permanent Reminder of a Bad Decision

Despite the wide availability of tattoo artists on college campuses, getting a tattoo on spring break is a time honored tradition. But what happens if your tattoo gets infected, or results in a more serious injury? You may have legal rights, even if you signed a waiver or release form before getting inked. However, your legal rights probably won’t be able to remedy your poor choice of art.

5. Injured in Another State? What Are Your Legal Options?

If you are injured in a different state than the one you live in, or even in a foreign country, you still have rights. Unfortunately, your rights may be more difficult to enforce, and will likely require retaining legal help in the state you were injured, particularly if you want to file a lawsuit. If you’re injured abroad, it may be even more difficult, as unless your trip, and injury, resulted from a US tour group’s, or business’s, negligence, you may have to seek legal relief abroad.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Spring Break Injuries: 3 Things You Should Know (FindLaw’s Injured)
• I Was Over-Served at a Bar, Can I Sue? (FindLaw’s Injured)
• Injured at College House Party? Can You Sue? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/5-common-spring-break-injuries-and-your-legal-rights.html

Vaginal Sling Cases Revived

Just six short months ago, U.S. District Judge Clay Land blasted plaintiffs' attorneys in vaginal mesh lawsuits for, as he put it, filing cases "that probably should never have been brought in the first place." Land specifically called out lawyers piggybacking on litigation against Johnson & Johnson's subsidiary Mentor Corporation, makers of ObTape, and filing claims late: "Similarly, if you did not file the action until eight years after your client's doctor excised the Obtape and informed your client that it was causing her problems, you may face a serious challenge showing cause as to why sanctions should not be imposed."

Judge Land will probably not be too pleased with a recent 11th Circuit Court of Appeals decision, which just revived injury claims by 12 Minnesota women against Mentor that a lower court had thrown out for being filed past the statute of limitations.

Time to File Flies

All injury lawsuits have some time limit before which they must be filed. These statutes of limitations laws can vary by state and depending on the type of claim. Under Minnesota's statute of limitations, negligence lawsuits must be brought within four years and claims based on strict liability (like for defective products) must be filed within six years. The biggest issue with the statute of limitations is when the clock starts ticking.

As the 11th Circuit pointed out in this case, courts have found two elements that must be satisfied before the statute of limitations clock starts in cases involving injuries caused by a defective product:

1. A "cognizable physical manifestation of the disease or injury," and
2. "[E]vidence of a causal connection between the injury or disease and the defendant's product, act, or omission."

Making a Connection

The 11th Circuit found that while the women knew there were problems with the ObTape and it had to be removed, they might not have made the causal connections between their injuries and the faulty vaginal sling. For instance, one woman said her doctor warned her that her diabetes may cause complications with the ObTape. So when the implant came apart through her vaginal wall and she suffered from infections, she claims she attributed the problems to her diabetes. It wasn't until much later she learned the implant could have been defective and decided to file a lawsuit.

While Mentor claims the statute of limitations should start accruing when the implant was removed, plaintiffs say it shouldn't be until they knew specifically that the implant was defective. The lower court sided with Mentor and dismissed the claims, but the 11th Circuit ruled the question was one of fact, and therefore would need to be resolved by a jury.

Judge Land might not be too pleased, especially if the cases fall into his jurisdiction. But for the women injured by defective ObTape implants, the ruling is welcome news.

Related Resources:

• Injured by a pelvic mesh or defective device? Get your claim reviewed by an attorney for free. (Consumer Injury)
• States Sue Johnson & Johnson for Pelvic Mesh Dangers (FindLaw's Injured)
• Endo Transvaginal Mesh Settlement: $830M for 20K Claims (FindLaw's Injured)
• 1st Federal Transvaginal Mesh Verdict: $2M (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/vaginal-sling-cases-revived.html