Currently Browsing: Personal Injury

Proving Medical Malpractice Lawsuits

Doctors and other medical professionals are expected to provide patients with the best care possible. When they fail on this aspect, you may have valid grounds for filing a medical malpractice lawsuit against the doctor or medical professional who caused the injury. If you had surgery and a tool was left behind, you can make them liable for their negligence. In this article, we shall focus on how to prove medical malpractice and recover compensation in the process.

According to the Toronto personal injury lawyers of Mazin & Associates, PC, medical malpractice claims are based on negligence. In this sense, negligence refers to an action which the medical personnel should have done in a reasonable manner. Proving medical malpractice is not easy as you think it is. It goes beyond the doctor making a mistake in the treatment of their patient. To succeed with your case, you have to prove that the kind of treatment done by the medical personnel is below the reasonable standard of care.

In general, the standard of care that the doctor must follow depends on their specialty and the illness at hand. Each state will have different rules and procedures for filing a medical malpractice lawsuit. Aside from proving that there was the existence of a doctor-patient relationship, you also need to show that the doctor failed to provide the appropriate standard of care for professionals in a similar situation.

In order for your case to meet the requisites of a medical malpractice suit, you need to invite expert witnesses to testify on your side. The expert witnesses will help prove that there was indeed malpractice. If you are not able to prove your claim, it could lead to the dismissal of your case. You can invite a doctor to explain the medical findings to the court. The testimony of the witness will spell the difference between a guilty or not guilty verdict.

Like any other case, medical malpractice claims are governed by statute of limitations. You need to file the case within the specified time limit or else your case will go for naught as a result of your failure to file the case on time.

Species of Toxic Mold

Toxic mold is one of the growing health risks in many places across America. There are many misconceptions about “toxic mold” referring to only to one specific type of mold, however, there are hundreds of species of molds. Although majority of them are harmless and there are only a small fraction of them being considered toxic, molds (toxic or not) in great accumulation of them in an area can become a health risk. There are five species of molds that is classified as toxic: Stachybotrys , Penicilium, Cladosporium, Fusarium, Aspergillus. They can be found in damp spaces indoors and are often hidden from sight.

  1. Stachybotrys – known as the black mold, this specie of molds cause the highest health risks. From hay fever to liver damage, pulmonary edema, nerve or brain damage and even death, black molds is considered toxic that it has been linked to serious infant illnesses. Common symptoms include eye irritation, nasal and sinus congestion, hacking cough, chronic fatigue, respiratory problems, etc.
  2. Fusarium, Penicillium, and Cladosporium – these species of molds often cause asthma, nail fungus, and liver, lings, and kidney infections. Persistent cases of Cladosporium can lead to emphysema and pulmonary edema, while Fusarium can bring about gastrointestinal diseases, and can even affect a female victim’s reproduction system.
  3. Aspergillus – a family of molds covering 160 species, only 16 of them are considered toxic. Aspergillus is the least serious of the “toxic mold” family, and most illnesses can be treated.

Exposure to molds are an everyday thing, but if a person inhales a significant amount of spores they can lead to health problems. Although very common in states where humidity is high, molds can grow anywhere. Residents of Tennessee, as well as all parts of the US, can suffer from mold infestations if they are given an environment to thrive on. If you have suffered a medical issue because of neglect to remove a mold infestation, you could contact a Tennessee personal injury lawyer for help in filing a claim. It is not only important to make the person responsible accountable for their negligent behavior, reporting an infestation is vital in ensuring the everyone’s safety is protected.

The Dangerous Results of Exposure to Silica

Every year hundreds of workers are diagnosed with severe health conditions due to their regular exposure to, or contact with, hazardous chemicals and other dangerous substances in the workplace. Most of these illnesses, however, are chronic, developing overtime and getting manifested only when these have already reached a stage wherein treatment is no longer possible. Cancer and lung disorder are the usual types of these disorders.

The organ most affected and easily damaged by toxic substances is the lungs and, depending on the kind of substance they are exposed to, the damage can be any of the following:

  • Bronchiolitis obliterans (BO), also called obliterative bronchiolitis (OB) or constrictive bronchiolitis (CB), a rare, deadly and incurable lung disease that results from the scarring or inflammation of the small airway branches called bronchioles (passageways where air passes through the mouth or nose to the alveoli, or air sacs, of the lungs). This lung disease can be caused by exposure to toxic fumes, such as ammonia, thionyl chloride, sulfur dioxide, hydrogen sulfide, chlorine, nitrogen dioxide and diacetyl
  • Byssinosis, which is a result of regular inhalation of textile fiber dust
  • Chronic beryllium disease (CBD), which is caused by the inhalation of the fumes or dust of the metallic element Beryllium. This lung disease is acquired only by individuals who are allergic to the metal beryllium
  • Pneumoconiosis, or black lung disease, is caused by the regular inhalation of coal dust
  • Silicosis, which is caused by inhalation of dust-containing silica

Many workers are not fully aware of the deadly effects of many different kinds of minerals, especially silica. Breathing in silica dust (regularly) is common among workers whose job involves crushing or breaking of rocks and sands. Thus, many of them end up with the lethal lung disease called silicosis, which is inflammation and scarring of the lungs.

There are three known types of silicosis an individual may suffer from:

  • Chronic, which is the most common form of silicosis; the symptoms of which remain undetected for years. As it progresses, it becomes worse, and can even lead to the development of a heart disease.
  • Accelerated, it develops fasters compared to chronic silicosis and is acquired due to exposure to larger amounts of silica powder or dust in a short period of time.
  • Acute type silicosis that develops and worsens the fastest. Its symptoms include loss of weight, shortness of breath, fever, and coughing. Due to fast respiratory failure, death can result one or two years after symptoms manifest.

The effects of silicosis cannot be reversed. Thus, it is absolutely necessary that workers wear protective gears and that employers make sure that they do so. Failure of employers or supervisors to ensure worker protection can make them liable for whatever illness a worker may develop. Workers, on their part, should be aware of their health condition and make sure to contact competent Houston personal injury lawyers once symptoms of any illness appear.

The Risks in Using Power Morcellators

On April 30, 2014, Ethicon,the unit of Johnson & Johnson responsible in the manufacture, sales and promotion of the pharmaceutical giant’s power morcellators, ceased distribution and sales, and ordered the withdrawal of the said devices from the market.

Ethicon’s move came barely three weeks after the US Food and Drug Administration issued a safety alert (on April 17, 2014) that discouraged doctors and hospitals from the continued use of power morcellators in laparoscopic surgical procedures, specifically in the removal of uterine fibroids or myomas through myomectomy and in the removal of the womb or uterus through hysterectomy.

FDA’s decision is based on medical reports regarding the possible spread of unsuspected cancer tissues, called uterine sarcomas, during morcellation treatment of women with uterine fibroids. Due to the lack of a device that can accurately detect the presence of uterine sarcomas, risk of spreading it beyond the uterus can happen as uterine fibroids are divided (or morcellated) into pieces.

Power morcellators are medical devices designed to cut an overgrown uterus or fibroids into pieces tiny enough to allow them to be extracted through 0.5-1cm incisions. These devices have been approved by the FDA to be used in laparoscopic (minimally invasive) surgeries. Since the early 1990s, many doctors began preferring power morcellator-aided laparoscopic surgeries over open surgeries (such as abdominal hysterectomy, which required incisions between five to seven inches long) due to the former’s many advantages, including tiny incisions that healed faster, shorter hospital stay, lesser blood loss, reduced pain and minimal chances of infection or complications.

Johnson & Johnson introduced three of the best engineered power morcellators in the market in 1998 which, many believe, actually set the standard on the way the device should be designed. These are Gynecare Morcellex, the Morcellex Sigma and the Gynecare X-Tract. Despite the accuracy and efficiency of J&J’s power morcellators, in particular, and the overall benefits provided by all power morcellators, in general, the FDA still find the risk of cancer not worth continuing the use of the devices.

Up to 50,000 morcellation treatments are performed in the US every year, with most of these for the purpose of removing uterine fibroids. Women who have been harmed by a morcellation treatment have to option to file a morcellator lawsuit to seek compensation for the injuries they’ve sustained. Though FDA’s safety alert does not totally stop doctors from using power morcellators, the FDA reminds them of their major duty in informing patients of the risks associated with the procedure.

The Importance of Reliable Insurance

Insurance works as a cost-sharing means made to limit the financial risks from anything unexpected that could result to a significant loss.  Disasters, accidents, and other issues can happen to anyone at any time, therefore having prepared for it (at least financially) can ease you and your family’s mind and make you more ready to start over again. Insurance covers a number of things, from health, to auto insurance, business insurance, and residential properties insurance. It helps to know which type of insurance coverage you need and what will work for you.

For homeowners, having residential property insurance is more than security; it is the greatest investment that they could get. It covers for any renovation that the house needs to have, provided it is within the scope of the policy coverage you have agreed on. It also protects you or anyone in an event of an accident that occurred within your property, such as a slip and fall accidents or animal attacks. Any injury that happened within your premises can be covered by residential property insurance. Belongings and high-end items are also covered by homeowners insurance, but it would be a better option to have property insurance with liability insurance. This ensures that any risks will be covered by the insurance. When disaster does strike, it is important to file for a homeowner or residential property claim in order to acquire financial help from your insurance company. Getting the help of a lawyer for consultation or representation would make the claim faster to process.

Insurance can be used for a home that was damaged due to a fire or natural calamity, an auto accident due to another driver’s recklessness, or an injury that resulted in death. As long as you have signed up and paid for an insurance coverage, you and your family will be protected from losses that could happen.

« Previous Entries