Thursday, July 20, 2017

Wrongly Diagnosed With Hypothyroidism: When to Sue

Any misdiagnosis, whether falsely identifying an issue that doesn't exist or failing to discover one that does, can be harmful. This can be especially true for hyperthyroidism, which affects millions of people per year. If not accurately diagnosed, those people may go untreated, or undergo potentially harmful treatments based on a doctor's misreading of their symptoms.

Misdiagnosis is a form of medical malpractice, and doctors that fail to properly diagnose and treat hyperthyroidism can be held liable. Here's what you need to know.

Malpractice, Misdiagnosis, and Negligence

If you think a doctor failed to diagnose your hyperthyroidism or gave you an erroneous diagnosis, you may have a valid medical malpractice claim. In essence, most medical malpractice claims are alleging a form of negligence by a doctor or other medical professional. Medical malpractice claims based on a theory of negligence require four essential elements:

  1. Duty: A doctor owed you a duty of care, generally the basis of any doctor-patient relationship;
  2. Breach: A doctor breached his or her duty by misdiagnosing or failing to diagnose your hyperthyroidism when a reasonably competent doctor in his her same position would not have;
  3. Causation: The doctor's misdiagnosis -- and not some other factor -- caused you harm, a likely event if hyperthyroidism goes untreated or mistreated;
  4. Damages: That harm you suffered is quantifiable and compensable, to some degree.

Doctors, Diagnosis, and Complications

Courts will judge doctors and their decisions based on what a reasonably prudent doctor would have done under similar circumstances. So it may be difficult to prove malpractice if your doctor did exactly what any other competent doctor would've done in treating your hyperthyroidism (or lack thereof).

In addition, medical malpractice claims can be especially complicated, often requiring the disclosure of detailed medical records and patient information, along with experts to testify regarding your injuries and your doctor's alleged misdiagnosis. Talk to an experienced injury attorney if you're considering a medical malpractice claim based on a hyperthyroidism misdiagnosis.

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from Injured http://blogs.findlaw.com/injured/2017/07/wrongly-diagnosed-with-hypothyroidism-when-to-sue.html
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Tuesday, July 18, 2017

Water Slide Injuries: Legal Liability Facts You Should Know

Nothing says summer like a water slide. Whether you're rocketing down a chute at a water park or zipping into a backyard swimming pool, there's just something about the sun and spray that spells freedom and fun.

Unfortunately, water slides can also spell danger, and water slide injuries are far too common to ignore. So what happens if you or a loved one is injured on a water slide? That could depend on where that slide is. Here's what you need to know.

Park Liability

Theme parks, amusement parks, and water parks are responsible for operating safe rides and amusements and maintaining safe areas around them. A park could be held liable for injuries on a water slide if the slide is defective or a park's negligence caused a ride to be improperly operated or maintained, or the slide's manufacturer could also be liable if the slide has a defect in design, manufacturing, or warnings.

The park could also be held liable for the actions its employees -- including lifeguards, slide operators, and even maintenance personnel -- if they fail to operate the slide safely, monitor guests' use of the slide, or repair the slide when needed. Accidents and injuries caused by a water park employee will be the liability of the park if the employee's actions fell within his or her scope of employment.

Home Liability

Not all water slides are at public parks. If you or a neighbor has a slide attached to a pool, or if you've got a nifty slip 'n slide setup in the backyard, the homeowner could be liable for any injuries sustained from the slide. Even if a pool or backyard isn't open to the public, homeowners are still responsible for maintaining a hazard-free environment for guests. And pool owners especially must take care that friends and strangers alike are not injured in what the law considers an "attractive nuisance."

Whether you've been injured on a water slide, or someone else has been injured on your water slide, you should contact an experienced injury attorney today.

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from Injured http://blogs.findlaw.com/injured/2017/07/water-slide-injuries-legal-liability-facts-you-should-know.html
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When to Sue for Theme Park Injuries

Going to a theme park can be the highlight of any person's summer. For the most part, rides and attractions are safe, but things can go wrong. When a guest is injured at a theme park, that guest might be left wondering what rights they have to recover for their injuries.

Although theme parks frequently try to limit their liability by requiring guests to agree to liability waivers as a condition of entry, these will not always protect the parks. Surprisingly, theme park injuries tend to have a high settlement rate.

Can Theme Parks Require Liability Waivers

Technically, yes, a theme park can require all attendees sign liability waivers. Yes, a theme park can deny entry to someone that refuses to sign a waiver. However, how enforceable any liability waiver will be depends on the circumstances, and the extent of the liability disclaimed. Generally, waivers that go too far can often be entirely, or partially, voided. Often times, waivers will only be valid as to general negligence, and not gross negligence.

Even smaller theme parks, such as water parks, laser tag arenas, trampoline parks, and even mini golf, can require liability waivers be signed. Additionally, parks can disclaim liability for injuries caused due to a person's own negligence, as well as the assumption of risk.

Making a Claim Against a Theme Park

For most large theme parks, a person may be able to file a claim directly with the park to resolve their injury claim without ever filing a lawsuit. However, if an individual opts to go this route, they need to be cautious not to let their statute of limitations expire. Basically, if you do not settle your case or file a lawsuit within the state's statute of limitations, a theme park will not be willing to negotiate with you any more because you won't be able to file a lawsuit.

Often, even if you do not want to file a lawsuit, contacting an experienced personal injury attorney to handle your informal claim is a good idea. Even if you are partly to blame for the injury, a good attorney might be able to help you recover. Injury attorneys generally do not charge upfront costs and are experienced in negotiating claims. Most importantly, an injury attorney will know what is an appropriate settlement amount, and can ensure that your share of the settlement isn't eaten up paying back medical bills or insurance providers.

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from Injured http://blogs.findlaw.com/injured/2017/07/when-to-sue-for-theme-park-injuries.html
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Monday, July 17, 2017

River Rafting Waiver May Preclude Widow's Lawsuit

Whitewater river rafting can be dangerous -- that's part of the allure for most rafters and a risk that most guides will repeat early and often to their guests. In addition, many, if not all rafting companies will have rafters sign liability waivers, acknowledging these dangers and agreeing to indemnify the companies in the case of injury or death.

One waiver in particular may stand in the way of a Colorado widow's negligence lawsuit after her husband was ejected from a raft in Hell's Half Mile rapids on the Green River, and died of accidental drowning and asphyxia.

Whitewater Waiver

According to the Aspen Daily News, the waiver attorney Paul Sizemore signed with Blazing Adventures rafting company acknowledges that "[r]afts/kayaks could turn over or I could be 'washed' overboard ... Exposure to the natural elements can be uncomfortable and/or harmful ... Prolonged exposure to cold water can result in hypothermia and in extreme cases death and accidental drowning are also possibilities." A person signing the waiver agrees to "accept and assume all of the risks existing in the activity," and "release, indemnify and discharge Blazing ... to the fullest extent permitted by law, on behalf of myself, my children, my heirs, assigns, personal representatives and estate."

The extent permitted by Colorado law may be tested after Sizemore's widow, Jennifer Lenze, who is also an attorney, sued the company for negligence. While some states, like Oregon, are more hostile to blanket liability waivers, Colorado generally enforces unambiguous waivers that are entered into fairly and involve non-essential services. While waivers will generally protect a company and its employees from lawsuits based on negligence, they don't cover willful or wanton conduct.

Rivers and Risks

After Sizemore was washed overboard, he was "was unable to reach for or grab the T-grip of a paddle extended to him, nor a throw bag tossed to him," according to Blazing's attorney. The Aspen Daily News reported on the efforts of Dallas Blaney, the trip's safety kayaker, to save Sizemore:

Blaney reached him twice, but the victim was unable to hold onto the kayak initially. Blaney was able to bring him to Lewis' raft, where he was lifted in by others on the boat. Sizemore said he could not breathe and became unresponsive. CPR and other life-saving measures were employed, but he was pronounced dead at the scene.

A subsequent Colorado Parks and Wildlife investigation concluded Blazing conducted the trip and responded to the tragedy within industry standards, and a coroner's report ruled that Sizemore's death may have been related to coronary artery disease. Lenze is accusing Blazing of negligence in Sizemore's death, and Blazing has filed a motion to dismiss the suit. A judge will now decide if the case will move forward.

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from Injured http://blogs.findlaw.com/injured/2017/07/river-rafting-waiver-may-preclude-widows-lawsuit.html
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Friday, July 14, 2017

Chlorine Gas Causes Employee Injury, Prompts Lawsuit

While chlorine can be considered a household product, and is frequently used in swimming pools and cleaning products, it's dangerous stuff. In fact, chlorine gas is so dangerous, it was used as a chemical weapon during WWI.

Chlorine is responsible for countless injuries every year, some of which are fatal. Though most of the injuries only amount to skin irritations or burns, chlorine gas can result in fatal explosions, and severe respiratory injuries.

Beware of Unmarked Drums of Gas

In 2015, eight employees of Pacific Steel and Recycling in Spokane, Washington, were injured when an unlabeled 2,000 lbs. drum of chlorine gas was crushed at the recycling facility. Sadly, one of the eight workers died. However, one of the workers that survived, Felix Shuck, filed a lawsuit in 2017 due to the injury to his lungs caused by the chlorine gas. Shuck's lung capacity was reduced by half, and he suffered other injuries, that left him unable to continue working.

Shuck's lawsuit seeks to hold the company that dropped off the ton of chlorine gas liable for his injuries, rather than his employer. Shuck alleges that Ibex Construction, who allegedly hired a subcontractor to drop off the gas, was negligent in failing to label the drum of gas. However, a government agency fined Pacific Steel and Recycling for failing to follow proper procedure in handling the drum of gas, including stripping off pressure gauges and requiring a certificate stating the gas drum was empty before accepting for recycling.

Liability for Exposure to Toxic Substances

Individuals can generally recover damages for injuries suffered as a result of being exposed to toxic substances due to another's negligence. In many cases, such as in asbestosis, mesothelioma, and other toxic torts, several parties, including the original manufacturer of the toxic substance can be found liable.

Typically, when a person is exposed to, and injured by, a toxic substance at work, workers compensation coverage should be available. However, even when an injury occurs at an employer's worksite, if the injury was the result of another employee, customer, or third party's actions, there may be additional liability for damages not covered by workers compensation.

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from Injured http://blogs.findlaw.com/injured/2017/07/chlorine-gas-causes-employee-injury-prompts-lawsuit.html
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Tuesday, July 11, 2017

Can Parents Sue Police for Not Arresting Drunk Driving Kid?

When the police let someone off with a warning, and that person ends up causing harm, are the police liable for not doing their jobs? This question is often the center of much heated debate.

For example, the parents of Toni Anderson, a deceased 20-year-old college sophomore, are reportedly contemplating a lawsuit over an officer's failure to arrest their daughter for DUI in early 2017. Toni was pulled over while clearly intoxicated. Rather than being arrested for DUI, she was told to go get some rest. Unfortunately, Toni crashed her car into a river and drowned. It took authorities nearly two months to find her.

Failure to Protect Claims

Under the law, officers are given quite a bit of discretion, and they must often make judgment calls. When a discretionary call is wrong, and a person causes harm to others due to an officer's discretion in not making an arrest, an officer can potentially face civil liability. However, these situations are rather limited and require actual action by an officer.

Generally, when individuals sue police for failure to protect, courts routinely side with police. This is because the government does not have a duty to protect individuals. Even if officers fail to show up when called, there will usually not be any liability (unless the failure to show up was due to an illegal motive, such as discrimination). However, If an officer intervenes and makes things worse, there may be liability for due process violations, or simply based upon negligence.

Failure to Arrest Leading to Death

Toni's parents are expected to claim that their daughter would not have died had the officer arrested her rather than let her off with a warning. This claim, while seemingly valid, has some legal hoops to jump through as it is an unusual wrongful death claim. Since Toni only injured herself, it also begs the question of whether officers are required to protect individuals from themselves (when obvious self harm warnings are present).

It is alleged that the dash cam footage from the night Toni went missing showed her clearly inebriated, though she denied drinking that night. The toxicology report showed that she was on illegal drugs at the time of her death. It's puzzling why the officer chose not to arrest her or even administer a field sobriety test, but whether it forms the basis of legal liability is a question for the courts.

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from Injured http://blogs.findlaw.com/injured/2017/07/can-parents-sue-police-for-not-arresting-drunk-driving-kid.html
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Thursday, July 6, 2017

Can You Sue a Hospital or Doctor for Wrongful Death?

One of the worst things a person can experience is the loss of a loved one. When that loss is due to the negligence of a medical professional or provider, a wrongful death case against them may be possible.

Although it may seem crass or disrespectful to even think about the legal consequences after the loss of a loved one or family member, the law requires individuals to act in a timely fashion. Particularly when the cause of death is related to potential medical malpractice, rather than ordinary negligence or another attributable cause, such as assault, cases must adhere to strict deadlines and filing requirements.

Who Can Sue for Wrongful Death?

Who can actually file a claim for wrongful death varies from state to state. Typically, parents, children, and spouses will have the right to sue. In many states, even more extended family, like grandparents, siblings, and domestic partners, can be allowed to file suit as well.

Additionally, to sue a hospital or medical professional for malpractice related to wrongful death, state laws often require that notice be provided to the professional before a lawsuit can be filed.

Who Can Be Sued for Wrongful Death?

When a doctor, nurse, or other health care professional is negligent and causes the death of a patient, not only can the individual medical professional be held liable, but the hospital and medical group they work for, with, or in, can also be held liable. Every case depends on the specific details of how treatment was provided, and who, or what entity, was responsible for specific duties.

For example, if an infection was caused in a post-surgical patient due to a failure to replace air filters by the hospital's maintenance crew, the hospital itself, rather than individual doctors or nurses, would likely be responsible. Conversely, if a nurse's failure to wash after treating an infection caused another one, then the nurse and employer (which may not be the hospital) could both be liable.

Wrongful Death Damages

Typical damages that are awarded in wrongful death cases include funeral expenses, pain and suffering related to the loss of companionship/relation, medical bills, as well as the loss of income provided by the deceased to the claimants.

Interestingly, medical malpractice cases are often subject to damages caps, which may limit the available award in certain circumstances. However, courts often allow attorneys to pursue multiple legal remedies at the same time, and let the jury decide which one fits better.

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from Injured http://blogs.findlaw.com/injured/2017/07/can-you-sue-a-hospital-or-doctor-for-wrongful-death.html
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