How to Avoid Motorcycle Accidents

Posted by on Mar 14, 2015 in Injury Law

Riding a motorcycle is an efficient way to cut back your commute. Thanks to the size of your vehicle, you can easily move through tight spots and avoid heavy traffic. You’ll be able to reach your destination in probably half the time it would take for a car. However, these advantages also come with serious risks.

According to the Insurance Institute for Highway Safety, the number of motorcycle-related fatalities is 30 times more than deaths involving cars. This is because motorcycles aren’t equipped with the same safety features that protect drivers inside a car. A motorcycle rider does not have the protection of a huge metal chassis, as well as seat belts and air bags. When they’re involved in even a minor collision, there’s risk that they could fall of their vehicle and suffer from broken bones and even brain trauma. Thankfully, there are certain precautions riders can take to avoid motorcycle accidents. Lear some of the common motorcycle-related risks and do your part to avoid accidents and injuries.

Collisions involving larger vehicles are one of the most common causes of motorcycle accidents. Because of its size, drivers in cars or trucks will often miss motorcycles in blind spots. If you’re a rider, make sure you take extra care when turning or merging into traffic. Sudden stop collisions or rear-ending another vehicle is something else you should watch for. Always keep a safe distance between your motorcycle and the vehicle in front. This type of collision might not be dangerous for those inside the car, but it can cause whiplash and other similar injuries to motorcycle riders.

Aside from these common types of collisions, motorcycle riders can also be injured by crashing into open car doors. This is especially true for busy urban areas where several cars will be parked along the street. Always be mindful of your surroundings if you’re driving down a busy street. It would also be best if you stick to the lane prescribed for bicycles and motorcycles.

These safety practices can do a lot to diminish the risks that are typically associated with motorcycles. While such precautions aren’t exactly bullet proof, practicing them while on the road can do a lot to keep accidents and injuries at bay.

In case an accident still happens despite your best efforts, you might be able to take legal action and receive just compensation. However, your options will differ depending on where you live. If you find yourself in such a situation, it’s best to seek out experienced legal counsel from around your area. For example, residents of Tennessee can call a Nashville personal injury attorney to learn their best options.

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Power Morcellator: Clearly not a Safe Device

Posted by on Oct 15, 2014 in Injury Law, Product Liability

Research from the National Institutes of Health has concluded that majority of the women in the United States will need to undergo a hysterectomy before they reach the age of 60. This surgical procedure is performed to remove a part of the whole uterus (or the womb) due to serious health conditions, such as uncontrollable vaginal bleeding, chronic pelvic pain, presence of oversized uterine fibroids (or myomas), infections, cervical cancer, ovarian cancer, uterine cancer, uterine prolapse (a condition wherein the womb or the uterus slips out of the cervix and drops halfway into the vagina or birth canal), endometriosis (which causes pain during or after sex, bleeding between periods, severely painful periods, and so forth), heavy, painful periods due to adenomyosis (this happens when the tissues lining the uterus grow inside the uterus walls instead), and pelvic inflammatory diseases.

There are different ways through which hysterectomy is performed:

  • Abdominal hysterectomy or open surgery: This traditional way of performing the surgical procedure requires an incision (can be vertical or horizontal, which is along the bikini line) on the abdomen that is five to seven inches long. It is a major surgery that is performed under general anesthesia and which necessitates a 6-week recovery period.
  • Vaginal hysterectomy: Instead of making a cut on the abdomen to remove the uterus from there, the incision (a smaller one which is stitched up afterwards) is made on the vagina itself to remove the uterus or the organ that causes the health problem.
  • Laparoscopic (or minimally invasive) surgery: This particular procedure requires about three to four 0.5 – 1cm incisions where instruments, such as a laparoscope and a morcellator need to be inserted. A laparoscope is a thin telescope-like instrument that is used to see inside the woman’s body to guide the cutting, or morcellation, of the uterus and other organs that need to be removed. A morcellator is a device that cuts or minces uterus and other organs into fragments tiny enough to be suctioned outside the body.

Morcellators were introduced in the early 1990s; but these gained immediate acceptance in the medical field as these allowed doctors to perform hysterectomies and myomectomies (the removal of uterine fibroids) faster, safer, more accurately, and with lesser pain and blood loss. Johnson & Johnson, particularly, was one of the giant companies that released its own models of power morcellators – the Gynecare X-Tract, the Gynecare Morcellex and the Morcellex Sigma. Despite the benefits offered by these devices, in general, and the even better benefits provided by the J&J models, in particular, a notice that discouraged doctors from the further use of these devices in laparoscopic surgeries was still issued by the US Food and Drug Administration after reports were made about the devices causing the spread of uterine sarcoma, an undetected deadly cancer tissue, beyond the uterus.

In the safety communication notice it released on April 17, 2014, the FDA also advised doctors not to use the power morcellator in women suffering from uterine cancer, besides persuading them against the use of the device on those with uterine fibroids as this can likely threaten a woman’s long-term survival.

Private morcellator lawsuits have already been filed in different courts in the US and the many women who had been treated with a power morcellator in the past and who might now be suffering from cancer are encouraged to seek legal counsel to know what options they have.

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Sertraline – The Most Prescribed Anti-depressant Drug in the US

Posted by on Feb 22, 2014 in Product Liability

Selective serotonin reuptake inhibitors or SSRIs, a certain class of drugs that have earned high recognition due to their effectivity and safety, has been the most frequent content of prescriptions issued to treat problems of depression and various forms of disorders.

SSRIs increase the performance of serotonin or neurotransmitters, the chemical that enables the nerves within the brain to communicate with one another. Neurotransmitters are produced, released and re-absorbed by the brain; SSRI drugs are developed to prevent the brain from re-absorbing neurotransmitters, allowing more of them to stimulate the nerves of the brain to enable changes and improvement in the mood state of the patient.

Besides treating depression, SSRI drugs have also been used to treat major depressive disorders, panic disorders, anxiety disorders, social anxiety disorders, eating disorders, obsessive–compulsive disorder (OCD), posttraumatic stress disorder (PTSD) and chronic pain.

One of the drugs in the SSRI class is the generic drug called Sertraline (the brand name of which is Zoloft). In 2011, exactly 20 years after the medicine was introduced by Pfizer and approved for distribution in 1991, Sertraline became the number two most prescribed medicine to treat depression, with more than 37million prescriptions. Furthermore, a comprehensive study involving Sertraline and 11 other anti-depressants gave results that Sertraline is one of the most effective and accepted medicines in treating unipolar major depressions in adults.

The many SSRIs have known side effects, including muscle rigidity, confusion, high fever, sweating, fast or uneven heartbeats, dizziness, nervousness, insomnia, nausea, skin rash, headache, diarrhea, loss of appetite, abnormal ejaculation, loss of coordination and shallow breathing. Males, who use the drug, sometimes experience prolonged erection that lasts for four hours or more. Experiencing any of these symptoms would be an indication that you will have to inform and talk to your doctor about the possibility of either stopping or still continuing with the intake of this medication.

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Enjoying The Woodlands

Posted by on Jan 29, 2014 in Living

The Woodlands, Texas is a diverse community of people, businesses, beliefs, and activities. These differences come together to form a distinct society that has become a great haven for those who want to experience the suburban lifestyle. But what makes The Woodlands alluring is its geography, its location, and its sights.

The Woodlands is situated 32 miles away from Houston, up north. It is within Montgomery and Harris counties, nestled between the Houston-The Woodlands-Sugarland metropolitan area. As further developments and progress come in, population has also been growing. Diverse cultures have paved the way to the booming food scenes as restaurants that cater to various cuisines come about. It has also become a family-friendly place with numerous activities for indoor activities (such as shopping malls) and outdoor activities (several parks and recreational venues).

True to its word, The Woodlands is surrounded with tall trees and lush greenery, adjusting perfectly to the humid sub-tropical climate that it has. It has a total area of 43.9 square miles, located in a heavily forested site, although the terrain is generally flat with variations of small hills and elevations. Because of this, The Woodlands is known for its gold courses and clubs. It has The Woodlands Country Club and The Carlton Woods that have both championship and signature courses.

Aside from the commercial buildings, parks and recreation sites, the residential areas also cater to anyone of any type of lifestyle. Because it is home to various corporations and even corporate campuses, students and professionals are making their homes at The Woodlands. It is also a very convenient place to live in, because the paths and trails are connected, making commute and transportation very easy and hassle-free.

The Woodlands community also has facilities that cater to any type of activity, from indoor and outdoor courts, a wide stretch Market and shopping destination, an enjoyable boat ride from the Waterway Taxis, and arts and sports classes. Any interests and hobbies will be entertained and there will always be place where you can relax and unwind.

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Nursing Home Abuse: A Case-Based Examination

Posted by on Oct 17, 2013 in Injury Law, Juris Doctor, Nursing Home Abuse, Pre Law Overview

With the advancement in age of the American population, nursing homes and other forms of elderly assistance are coming to play an increasingly central role in the lives of many. As vital as these types of places can be in helping to ensure that elderly Americans have the care they need in their twilight years, they also pose distinct risks if not properly observed, both by the relatives of their residents and the state and federal agencies responsible for ensuring the quality of their care.

Nursing home abuse remains a regrettably serious problem in the United States. Because reporting of these types of incidents is almost always less frequent than their actual occurrence, it is next to impossible to obtain precise estimates of the extent of the problem. However, the most reputable statistics currently available suggest that, at a minimum, hundreds of thousands of nursing home residents have been the victims of some form of neglect or abuse.

Nursing home abuse can vary significantly in its presentation. The most benign (though by no Nursing Home Abusemeans harmless) form of abuse is often simple neglect. Poorly trained, overworked, or simply uncaring nursing home staff or managers may fail to adequately care for the needs of their residents, either in isolated incidents or as a systemic pattern. In some cases, though, the outcomes can be quite horrific: in Illinois, for instance, a nursing home was sued after maggots were found in the ear of one resident. More frequently, neglect can lead to problems such as bedsores which, if left untended, can be life-threatening to elderly patients.

Physical abuse is also a serious problem at nursing home facilities. Nursing home residents are often extremely vulnerable, and because of the intensive amount of care that some in this position require, nursing home staff who become angry or upset can easily do serious damage to nursing home residents in a short amount of time. In a story that received national attention, Helen Love, a resident of Valley Skilled Nursing Home in California, died after sustaining violent injuries from a frustrated caregiver. Her family, with the assistance of a nursing home abuse attorney, is still pursuing a suit against the home after it came to light that the caretaker responsible for the incident had been cited for abusive behavior multiple times in the past. These types of cases are sadly far too common.

Finally, sexual abuse in nursing homes is a far more common problem than most people realize. Both caretakers and other residents have been implicated in nursing home sexual abuse cases, typically as a result of negligence on the part of nursing home administrators or staff.

The horrible realities of nursing home abuse can make the last years of a resident’s life miserable. If you suspect your loved one is a victim, contact a nursing home abuse attorney to learn more about what you can do to put an end to it.

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Cheaper to Send Inmates in New York to School than Jail

Posted by on Oct 4, 2013 in Criminal Law

Considering that the mean annual wage for all workers in New York City is $62,330, it does not seem right that the city spends an eyebrow-raising $167,731 a year per inmate. In comparison, Los Angeles spends $47,063 a year per inmate, while Chicago is slightly higher at $52,925. The New York City figure is almost what it would cost to send someone to Columbia or Cornell University for four years.  It would be literally cheaper to send inmates to these schools than to incarcerate them.

One of the biggest factors identified by experts for this staggering bill is the high costs associated with maintaining, staffing and running the 400-acre Rikers Island, New York’s notorious jail complex. Because the jail is actually an island, the city spends in excess of $30 million on inmate transportation alone. Three buses serve to shuttle inmates to courthouses in the five boroughs of the city, prompting suggestions that jails nearer to the courthouses may be the more economical solution to the problem. Residents in the area are not in favor of the notion of having a jai right in their midst.

Staff wages, which comprise 86% of the city’s prison system operating budget, is also a major cost factor. Coupled with the fact that the average length of stay of detainees in the system who are awaiting trial is 53 days, it is no wonder that the price tag is so high.

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Truck Accident Liability

Posted by on Jan 24, 2013 in Injury Law, Juris Doctor, Pre Law Overview, Truck Accidents

Large commercial trucks, such as semi-trailers and 18-wheelers, garbage and dump trucks, and flatbeds, are a critical part of America’s transportation economy. Without the availability of these Truck Accidentforms of transport, commerce across the country would be severely limited, reducing the ability of the American economy to grow and prosper. Unfortunately, because of their considerable size, these vehicles also pose substantial health and safety concerns to other motorists on the road.

In recognition of this fact, large commercial trucks are far more heavily regulated than other types of vehicles. For instance, federal hours of service regulations strictly limit the amount of time that truck drivers may spend consecutively, or within a given timeframe, operating their vehicles. These regulations are meant to ensure that overworked, tired drivers aren’t allowed on the road, reducing the potential damage to others on the road.

In reality, of course, these regulations are often overlooked, both by drivers themselves and by companies which seek to improve their performance by keeping their drivers on the road as long as possible. In fact, some studies have suggested that as many as 50% of truck drivers are often in violation of these regulations, in spite of strict enforcement mechanisms. This can lead to serious accidents occurring when tired, inattentive drivers lose their focus and strike other vehicles.

In these circumstances, liability for the accident may be assessed to either the driver or the company, or it may be assessed to both of them. In 2012, for instance, the FMSCA, which oversees trucking companies’ operations, shut down a Kansas trucking company that was shown to have allowed its drivers to willfully misreport their hours on service logs. Any accidents occurring as a result of this type of reckless behavior could leave both drivers and the company liable for damages.

Trucking accidents can also occur when companies choose to implement deficient hiring or training procedures. Because trucking companies are liable for the actions of their employees, and least to an extent, they must ensure that their drivers are adequately prepared for the job. Yet many companies fail to institute these types of policies, allowing dangerously unprepared drivers on the road. In these circumstances, the company will almost always be liable for any accidents which may occur.

Drivers themselves may also be liable when accidents occur, particularly if they engage in risky behaviors such as driving while intoxicated or speeding. Finally, the manufacturers of commercial trucks may sometimes be held liable for accidents if vehicular failure is to blame. Depending on the circumstances, a smart truck accident lawyer can often determine exactly which party or parties should be held liable and pursue legal action accordingly.

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Brain Injury Liability

Posted by on Jan 16, 2013 in Brain Injury, Injury Law, Juris Doctor, Legal Doctrine, Pre Law Overview

The brain is the control center of virtually every essential process conducted by the human body, so even minor damage to this crucial organ can prove catastrophic. For the same reason, injuries to the brain can have dramatically divergent consequences, depending on the precise nature of Brain Injurythe injury and where in the brain it occurred. Some common consequences of brain injuries include loss of motor skills, loss of memory, stroke, emotional changes, suicidal ideation, cognitive deficits, and permanent disability.

Because of the considerable seriousness of these types of injuries, they are usually treated with the utmost concern from a legal perspective. In civil law, for instance, brain injury victims are often entitled to pursue compensation far beyond what the victims of other types of injuries might receive, because of the significantly greater range of negative effects which they may experience.

Liability for an individual’s brain injury is determined largely on the basis of how the injury occurred. Many of these types of injuries result from traumatic accidents, such as vehicular crashes. In Georgia, for instance, a man who was severely injured in an accident with a large tractor-trailer sustained life-altering brain injuries. He pursued legal action against both the driver of the vehicle and Georgia-Pacific, the trucking company which owned the vehicle, eventually settling for an undisclosed sum to help pay for the damage he had endured.

Brain injuries also may occur in medical settings, either as a result of poorly performed surgery, improper administration of anesthesia, incorrect pharmaceutical prescriptions, or for a multitude of other reasons. Individuals who suffer this type of brain injury are advised to pursue the assistance of a personal injury lawyer in San Diego, as this type of brain injury case often requires a very specific type of legal know-how in order to be properly represented.

The recent class-action lawsuit filed against the NFL by as many as 2,000 former players is another clarifying example of the ways in which liability for brain injuries may be assessed. Though the case has yet to even reach the trial stage, the allegations made by the players make clear the basis for which they believe the NFL should be held liable for injuries to their brains: because the NFL was aware of scientific evidence demonstrating the serious harm that concussions can cause, but failed to make this danger clear to the players, they allege, the league should therefore be held accountable for medical bills and other damages they may have suffered. Many retired players have suffered mental illness after some time out of the league, with depression and suicide not being uncommon among them.

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An Overview of American Medical Malpractice Law

Posted by on Jan 13, 2013 in Injury Law, Legal Doctrine, Medical Malpractice, Pre Law Overview

All licensed medical professionals have a responsibility to provide care and treatment to their patients that comports with the standards expected of their industry. Unfortunately, not all medical practitioners meet this standard. When this occurs, it can often leave patients suffering from Medical Malpractice At Argosyserious consequences that may affect them for the rest of their lives. In legal terms, this type of incident is known as medical malpractice.

Medical malpractice is a serious problem in the United States, with preventable medical errors ranking as one of the top causes of death in the country. Non-fatal instances of medical malpractice, which cannot be neatly quantified in the same way that fatal forms of this problem can be, are an even larger problem on the order of several magnitudes.

While the ability to fully compensate for the challenges that medical malpractice may pose in a victim’s life are often considerably diminished in our legal system, medical malpractice lawsuits nevertheless can help to restore at least some of the losses that a patient may suffer. A brief examination of several notable medical malpractice cases in the United States can help to give a more detailed understanding of the legal apparatus in place for resolving this issue.

Medical Malpractice: A Case-Based Examination

One of the most high profile instances of medical malpractice in recent memory involved the popular singer Michael Jackson, who died as a result of a prescription-drug overdose. While many initially assumed that it was the singer’s own abuse of the drugs which led to his death, the coroner who examined Jackson’s body decided that the death occurred not as a result of improper use of any one drug, but rather as a result of an unsafe combination of different prescriptions which had been provided by Jackson’s physician. Jackson’s father currently has employed a team of medical malpractice attorneys to pursue a suit against the physician, as well as the producers of the pharmaceuticals.

Another well-known instance of medical malpractice involved the actress and singer Julie Andrews. Andrews opted to undergo a routine surgery to remove nodules from her vocal cords, a procedure which should have had no lasting effect on her singing voice. However, errors during the course of the surgery dramatically limited her vocal range and left her unable to sing at all for years. As a result, she filed suit against the physicians who performed the operation, eventually settling for an undisclosed sum.

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Medical Malpractice and Wrongful Death: A Case Study

Posted by on Jan 7, 2013 in Injury Law, Juris Doctor, Medical Malpractice, Pre Law Overview, Wrongful Death

Often, people think of civil suits as existing in separate, discrete categories. While there is some basis to this way of thinking, the reality is much more complicated. Many injuries occur in ways which would seemingly render them fit for several different types of legal action, depending on the specific circumstances in which they occurred. While this may seem to be merely a matter of semantics, it can be critical for injury victims and their families in helping to determine which type of attorney should represent their case, how long they may have to file their claim, and other considerations.

A case study from Raleigh, West Virginia, can help to demonstrate the importance of this issue. Sherman Sizemore, an elderly Baptist minister and resident of the area, underwent a surgical procedure at Raleigh General Hospital in 2006 to help determine the cause of abdominal pain Malpractice In Medicinewhich he had been experiencing. He was administered medication to induce paralysis during the surgery, in order to ensure that no muscular movement would occur as the procedure took place. However, he was not given anesthesia as a result of an oversight on the part of his surgeons.

Mr. Sizemore experienced excruciating physical pain for a prolonged period of 16 minutes, before the surgeons noticed the problem and gave him the necessary medication. After he was realized, he suffered intense psychological trauma, refusing to be left alone and rarely sleeping in the two weeks that followed. Eventually, he committed suicide as a result of his trauma.

His family filed a wrongful death lawsuit against the physicians and Raleigh Anesthesia Associates, the company for which they worked. However, because of the nature of the trauma which took his life, they pursued the assistance of a Raleigh medical malpractice lawyer to ensure that not only would they be able to recover compensation for the death of their loved one, but also that the medical aspect of the case would not prove to be an issue for which their representative did not have the requisite training or experience to handle appropriately.

These types of blended civil cases are fairly common in the American legal landscape, and for those who have suffered injury or the loss of a relative as a result of the negligent or reckless actions of a third party, it is critical to understand the importance of qualified legal representation in these settings in order to ensure that a fair outcome may be reached.

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