Wrongful Death Lawyer

In this blog, I want to discuss a specific scenario involving dangerous medications that are prescribed by a physician or nurse practitioner and the difficulties faced by patients who suffer injury after using such medications in the recommended dosage. Mishkind Kulwicki Law Co., L.P.A. can help you answer your medical malpractice questions, so feel free to reach out if this blog leaves you with questions.

First some background about the types of dangers associated with medications and how harm caused by the medications are resolved by the legal system. First, there are drugs that have unknown risks. Too often, drugs hit the market with premature FDA approval or become widely used before explicit approval for a particular use in what it called “off-label use.” Over time, adverse side effects associated with these drugs come to the surface, proving these drugs to be more dangerous than originally believed. In these cases, when patients who use these medications in a manner consistent with their doctor’s prescription (right dose, duration and frequency) and suffer serious injury or death, compensation for the harm suffered is generally a matter for a product liability lawsuit. These cases often result in multi-district litigation led by several large law firms on both sides of the dispute.  

Occasionally, discovery in those cases reveals that the pharmaceutical company that manufactured the drug knew about the risks associated with the drug but hid those risks or under-reported them during the FDA approval process. In those instances, with the public and their physicians in the dark about the true dangers of the drugs they are using, the lawsuit is brought against the manufacturer, but punitive damages may be attainable in addition to regular compensatory damages.

In other cases, the risks of a particular drug are known and published. The dangers may be made known to the public, their doctors and pharmacists through a package insert (instructional information accompanying the medication and available online or in a variety of online sources), studies contained in medical journals and information distributed by pharmaceutical representatives (“drug reps”).  

The known dangers associated with a particular medication may involve dangerous side effects and risks, or harmful interactions with other drugs or certain medical conditions (e.g., kidney failure or impaired liver function).  Once these dangers are disclosed by the pharmaceutical companies, the responsibility shifts to doctors and nurse practitioners to use these medicines in a careful manner, including by using the proper dose, heeding contraindications to use and warning the patient about side effects and alternatives. If a doctor or nurse fails to properly advise his/her patient or prescribes a medication in a haphazard or dangerous way, they can be held liable for medical negligence or medical malpractice (these terms are used interchangeably).

In addition to holding the prescribing doctor or CNP liable, in some instances, the pharmacy or hospital where the prescription was filled may be held liable for failing to alert a consumer about dangerous drug interactions.

Being in any kind of auto accident is dangerous, and can result in serious physical injury and substantial property damage. But if you consider how heavy a commercial truck weighs, it is no wonder that they cause some of the most tragic collisions. Not only is the level of danger raised when in the presence of a large truck, but if an accident does happen it is most often the other driver who gets hurt the most.

Truck crashes are more complicated than your typical accident, as there could be a few at-fault parties that caused the incident to happen. For example, the truck driver may have been operating the vehicle unsafely, the trucking company may have been pushing the driver to skip rest to meet deadlines, the crew may have overloaded the truck, and proper maintenance may not have been done for quite some time.

The most common reasons that trucking accidents occur are listed here:

Malfunctioning Brakes

Many commercial trucks have air brakes, which means they are designed to halt a loaded truck within a hundred feet when going at a rate of 35-40 miles per hour. However, if a failure or malfunction in the air brakes happen, these hefty trucks can turn into a deadly force. The truck driver may have pumped the brakes instead of slamming, which is recommended, but malfunctions can still happen. 

Blind Spots
Trucks have a vast “no zone” area which can cause a crash to ensue. There are often warning stickers on the truck rear that say the driver cannot see you if you cannot see their side mirror. These blind spots are the middle areas on both the left and right side, in addition to any cars following too close behind.

Truck Rollovers

A truck driver that loses control of the truck, slides sideways, and comes into contact with an object can cause a rollover. A guardrail, uneven street pavement, a car, or curb could result in tipping over. If the truck driver turned too sharply at a corner, they may roll over and another car can get stuck underneath. Truck rollovers have a high fatality rate, and any other cars nearby may not survive the impact. If any victims do survive, the chances of them walking away unscathed are slim. 

Truck accidents can lead to tragedy on the roadway, leaving victims and their families to deal with immense pain, struggle, and financial difficulty. Those who need assistance while in the midst of a serious truck accident are encouraged to call a lawyer, like a Trucking Accident Lawyer from Indianapolis, IN at Ward & Ward Law Firm, as urgently as they can. 

Brain Injury Lawyer

When someone else’s negligence causes your injury, you need to consider whether the injury was severe enough to file a claim for compensation.

Those who have experienced minor injuries may only face minimal recovery time. However, when someone else’s negligence causes an injury like a traumatic brain injury (TBI) and you begin to suffer from depression, you may be entitled to financial compensation, as a brain injury lawyer in Houston, TX from a law firm like John K. Zaid & Associates, can explain.

Depression is not obvious like the loss of a limb or lost wages, and you may be wondering how you can file a claim for damages. Fortunately, an experienced brain injury lawyer can help you get the money you deserve so you can move on from your injury and begin to live fully again.

Determining Depression After a TBI

When someone else’s negligence causes you to suffer from a TBI, you should pursue compensation for your injuries. This might seem obvious for more physical symptoms, but you should keep in mind that you can pursue compensation for depression, as well. To determine whether or not you are owed compensation, you should determine whether or not you are suffering from depression – and if your depression can be traced to your injury. You might be suffering from depression after a TBI if:

• You begin increasing the number of drugs or the amount of alcohol you typically consume
• You have overwhelming feelings of sadness
• You are contemplating suicide
• You feel down or sad most days
• You do not have the same level of interest in your usual activities
• You have seen a doctor who has diagnosed you with depression

One of the most important steps you can do for yourself (and your TBI claim) is to seek the help of a doctor as soon as possible if you begin noticing signs of depression after a TBI. A doctor can formally diagnose you with depression, which can help your case immensely.

Can I receive compensation?

Yes. If you have been diagnosed with depression resulting from a TBI that was caused by someone else’s negligence, you can work with a brain injury attorney to receive compensation. It is critical to have a medical professional diagnose you with depression and show that it is a direct result of your traumatic brain injury.

Don’t hesitate to reach out to an experienced brain injury lawyer. Recovery comes one step at a time, and with their help you can finally get back to living, instead of struggling with your injury.

Insurance Denial Lawyer

When you have been in an accident, you may be left to contend with insurance companies for the damages you are facing. Unfortunately, it’s not uncommon to experience challenges when attempting to obtain compensation for the injuries or losses you have experienced. Any insurance denial lawyer can tell you that it is common practice for insurance companies who attempt to mitigate your claim in attempts to retain as much of the compensation you may be entitled to. Because of this, you will certainly need legal guidance to secure your damages. If you have been the victim of bad faith on the part of an insurance company, an experienced attorney can help. Here are some frequently asked questions prospective clients often have regarding bad faith litigation:

What is bad faith insurance?

When you file a claim against an insurance company for the damages you have experienced, you expect them to provide you with the compensation you are entitled to. As an insurance denial lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, bad faith insurance practices occur when insurance companies refuse to pay for a legitimate claim that is made. This can occur when they:

• Refuse to pay a valid claim
• Misrepresent the insurance policy
• Use deceptive practices
• Pay you less than your claim is worth 

What should I do if I believe the insurance company is engaged in bad faith practices?

If the insurance company you filed a claim with has engaged in bad faith practices, your first step should be to call a lawyer with experience in managing bad faith cases. Having a lawyer review your case is critical to move forward. Once they have confirmed that the insurance company acted in bad faith, they can work closely with you to gather evidence and strategize your case. 

Do bad faith litigation cases go to court?

In some cases, yes. If your claim has been denied as the result of bad faith practices on the part of an insurance company, you may choose to file a lawsuit against the insurance company. When this occurs, you will require the legal services, primarily help preparing your case for litigation. If the insurance company in question has acted in bad faith, you have a right to file a lawsuit against them. 

What can I expect from an Insurance Denial Lawyer?

It’s important to be aware that insurance companies are looking out for their own best interests. Unfortunately, some insurance companies do so by taking measures that allow them to avoid paying accident victims the compensation they are entitled to. Because of this, you will need skilled and experienced legal services:

• Experienced bad faith litigation lawyers
• Extensive resources to assist you in your case
• A professional working to protect your rights
• Professionals to take the lead in managing the complicated inner workings of your case

The last thing any person wants to deal with is bad faith on the part of an insurance company. When an insurance company greatly reduces your settlement, or denies your claim altogether, you need the legal experience that can help you navigate your claim. Contact an insurance denial attorney today to get started.

Auto Accident Lawyer

When they are responding to a real crisis, law enforcement and other emergency responders have a lot of leeway. They can do whatever is necessary to reach the scene of the emergency as quickly as they can. Most of the time, this is a good thing; when we want help, we want it right away. As a result, emergency vehicles can disregard speed limit signs, run red lights and stop signs, and drive against the flow of traffic. It’s not uncommon to see a patrol car or fire truck weaving the wrong way through streets in large cities.

How is this legal? An emergency vehicle’s lights and sirens are acting in place of other traffic signals. As an attorney, like an auto accident lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, it’s as if the vehicle itself is a new set of traffic rules and all the other drivers have to get out of the way. In fact, other drivers who fail to get out of the path of an emergency vehicle can be ticketed for failing to obey traffic rules, even if their driving was otherwise safe. Drivers must follow the “signals” created by the lights and sirens of the emergency vehicle.

Although emergency vehicle drivers are trained to proceed with caution and drive with high levels of skill, accidents still happen. Sometimes the accidents are caused by a careless civilian who ignores the sirens and lights; other times they are the result of negligence on the part of the emergency driver. Injuries in these cases are often much greater than injuries in ordinary accidents. Emergency vehicles can run lights and drive against the flow of traffic, making t-bone and head-on collisions more likely, with correspondingly higher rates of speed. And while a patrol car may not be any larger than the average passenger vehicle, fire engines and ambulances are much larger and heavier, making impacts with passenger vehicles devastating. The victims of an emergency-vehicle accident can suffer lifelong injuries.

After the smoke clears and the parties have received initial medical evaluation, they may be left wondering where to turn. Is it possible to sue the police? Is that even a good idea? What do they need to do?

Many people assume that if they were t-boned by an emergency vehicle in an intersection, the emergency driver is at fault. Unfortunately, that’s rarely the case. Anyone who enters the path of an emergency vehicle while it is responding to a true emergency is automatically “at fault” in an accident, because an emergency vehicle always has the right of way while responding to a crisis.

Even though police cruisers and other emergency response vehicles carry liability insurance just like any other cars on the road, these policies will only pay in cases of actual negligence. However, there may still be opportunities to recover for injuries. An expert car accident attorney will be able to obtain information to show whether a police cruiser was actually responding to an emergency or just trying to get somewhere faster than it should have been. They will also be able to identify whether the accident could have been caused by a third party, making the third party responsible.

Uber, and other ridesharing companies, have become immensely popular in the last few years as a safe means of going out and getting back home. With more Uber drivers on the road, the likelihood of getting in an accident with one continues to increase. You might wonder how an accident with an Uber driver is different than an accident with a private driver and what you should do if you’re injured.

What to Do in an Accident 

Accidents happen every day across the country, and how you respond can determine if a claim you make later is successful. Regardless if you are another driver or an Uber passenger, you can react to an accident similarly to any other. Call 911 to get a police officer on the scene who can take statements from everyone involved and create a report that you can file for later use. Check for injuries and seek medical attention if you or anyone else is hurt. Get a way to contact the other driver or passengers, as well as their insurance information. Take pictures of the scene.

If You Are a Driver

If you were driving and got hit by an Uber driver, the insurance you can file a claim with depends on the scenario surrounding the accident. All Uber drivers still have private insurance, and most of the time you will likely only be able to file a claim with their own insurance to get compensated. If the other driver was actively working for Uber when the crash occurred, you are then covered under Uber’s $1 million policy for all injuries and damages.

If You Are a Passenger

As an Uber passenger who gets injured in an accident, you have a couple of options that are also dependent on the situation. If the other driver caused the accident, you will have to file your claim with their insurance. On the other hand, if your Uber driver caused the crash, you are covered under Uber’s $1 million policy for injuries. You can bring your claim against Uber to receive compensation that covers up to that amount.

Since Uber is such a large company with a broad coverage policy, it can be difficult to successfully make a claim with them unless your case is rock solid. If they refuse to pay you rightful compensation, you may want to think about hiring a car accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm, to learn about your options.

Many personal injury attorney workers have come across cases of nursing home abuse. A nursing home is a long-term nursing facility for all those who suffer from physical illnesses, mental illnesses, or emotional issues. These patients are placed in nursing homes if they have suffered from the neglect of their previous personal caregivers. Nursing homes are regulated by the authority more so than personal caregivers. Due to the higher regulations, these nursing homes hold the responsibility and liability in the event of any abuse, neglect and lack of care, negligence during employee screenings, lack of supervision, and even when the nursing home facilities are improperly looked after.

Rights of The Residents

The rights of the residents, at any nursing home, have been defined clearly within the law of every country. Any and every resident, who has been registered within their country’s federal Medicare program, are known to have a statutory right. This statutory right states that the residents are free from all verbal abuse, physical abuse, sexual abuse, mental abuse, and cannot be put in restraints for convenience or punishment. An important thing to note is that restraints can be used on the residents, only when the resident may pose a threat to themselves or others. Residents who are not registered by the federal authorities do not have this statutory right.

Identifying Nursing Home Abuse

While something like abuse can seem quite easy to identify for some, it may be rather difficult to identify by those who may be experiencing it and by those who may little to no awareness about this topic. This is mainly evident in those who may have some form of mental illness. Physical abuse, by the workers at the nursing home, includes any intentional act that causes trauma or injury to the resident, such as hitting, pushing, and many more. Acts such as verbal abuse, intimidation, and threats, fall under the category of verbal abuse. Exploiting the residents by manipulating them to gain money or favours, also falls under nursing home abuse. 

Important Terminologies

Residents should also be able to understand the meanings behind the words neglect, assisted living, and negligent living, so that they may be able to identify abuse. Neglect is when a worker may have a sense of disregard for their responsibilities. This can show in the forms of carelessness, wilfulness, or indifference. Assisted living is when the elderly or the physically disabled are provided with care giving services, such as housekeeping, nursing care, and even prepared meals. Whereas, negligent hiring is a legal theory where the employed caregiver can be held liable for intentional acts of abuse or neglect.

For all those who may want to file a case for experiencing nursing home abuse, should contact a nursing home abuse lawyer in Kansas City, MO. These allegations are investigated using two methods, that are, medical examinations and interviews. Both of these methods are conducted by a third-party agency. Typically, the victim is placed under adult protective services. It is important for us to report the abuse that we are either experiencing ourselves or are witnessing as a third party.

Thanks to Royce Injury Attorneys for their insight into personal injury claims and taking action against nursing home abuse.

In the healthcare setting, choking is referred to as “acute upper airway obstruction.” While uncommon, the results of an obstructed airway can be catastrophic, so healthcare personnel must be trained and ready to deal with this dire emergency. In a healthcare setting, such as a hospital, nursing home, or group home, there are relatively few conditions or events that rise to the level of a dire emergency. Acute upper airway obstruction is one such circumstance. A delay in recognizing or in treating an obstructed airway or failure to use proper techniques to resolve an obstruction can form the basis for a medical malpractice lawsuit.

How a Medical Malpractice Attorney Can Help

An experienced medical malpractice lawyer, like a medical malpractice lawyer in Cleveland, OH, will continually review medical literature to familiarize themselves with medical standards of care, guidelines, and recommendations. For example, a recent article in the New England Journal of Medicine (NEJM) provides valuable information about acute upper airway obstruction, its causes, diagnosis, and treatment. In the setting of emergency medicine and trauma medicine, the initial assessment of the patient focuses on the ABCs — airway, breathing, and circulation. The ABCs must be working before further assessment of the patient since without adequate airway, breathing, and circulation, no other treatment will be effective. A good attorney will keep up with medical news by reading journals like this. 

The NEJM article begins by saying, “[a]cute upper airway obstruction is a life-threatening emergency and requires immediate assessment and intervention with little margin for error…”  Outside of the healthcare setting, we recognize that swallowing virtually any object can pose a choking hazard. However, in the healthcare setting, airway obstruction can occur due to internal events, such as inflammation or collections of fluid or pus that compress the airway.  

Treating Airway Obstruction

Treating acute upper airway obstruction in a hospital or other healthcare facility requires prompt diagnosis and immediate assessment of the patient to determine the best way to intervene and resume ventilation. Treatment options depend upon the cause of the airway obstruction which might include croup, epiglottitis, Ludwig’s angina (swelling due to abscess or infection), angioedema, a tumor, a foreign body, or a hematoma. Other causes include obstructive sleep apnea, asthma, and inhalation injury following a burn. Finally, trauma to the airway from a penetrating or blunt force can lead to obstruction. 

Brain Injury Due to an Obstructed Airway

When a patient suffers anoxic brain injury as a result of an obstructed airway, a medical malpractice lawyer will want to review all records surrounding the patient’s care and treatment.  In addition, it is important to interview eyewitnesses including physicians, residents, nurses, and family members, since the medical record often lacks potentially critical details. Note that in the course of responding to an emergency like an obstructed airway, the medical record will not be prepared until once the emergency has resolved and the record keepers have an opportunity to collect themselves. The record may be prepared with a medical negligence lawsuit in mind so that key facts are omitted or altered.

Preventing Problems Caused by a Blocked Airway

Many inflammatory conditions, such as epiglottitis and anaphylaxis, can be easily treated or prevented altogether. The NEJM article recommends a stepwise approach, called an algorithm, for resolving a difficult obstructed airway. Common interventions include intubation, oxygenation, ventilation or — when those fail — surgically opening the airway below the level of the obstruction. Any time that an obstructed airway results in severe, permanent anoxic brain injury, the patient’s medical records should be carefully reviewed by an experienced medical malpractice lawyer.

Thanks to Mishkind Kulwicki Law for their insight into how medical malpractice lawsuits can be formed due to problems that come from airway obstruction.

If someone close to you has recently been killed as a result of someone else’s actions, you may be wondering if you have the option to file a wrongful death lawsuit. This kind of claim is meant to allow the loved ones of the deceased to receive compensation for their loss. However, not just anyone can file. Only certain people with the right relationship to the victim can file a wrongful death claim. This guide will answer all your questions about who can file.

Who Can File for Wrongful Death?

The answer to this question depends heavily on which state you live in. Each state has its own laws about who can and cannot file a wrongful death lawsuit. These individuals always have this right, regardless of the state:

• Parents of a minor victim
• Minor children of the victim
• Spouses of the victim

Then, in certain states, these individuals are also allowed to file:

• The extended family of the victim
• Siblings of the victim
• Parents of an adult victim
• Adult children of the victim

The first step in the process should be to determine whether or not you are even allowed to file. You can do your own research or speak with an attorney who specializes in wrongful death. If you cannot, you may want to work with a family member who is allowed to file.

What Can Be Claimed?

The matter of who can file a claim brings up another matter. In a personal injury lawsuit, all the damages claimed are losses the victim has suffered personally. However, in a wrongful death lawsuit, you are filing on behalf of the victim. This means that you can make claims based on the victim’s losses, but also for your own losses. These are the two categories that damages can fall into.

The damages that the victim suffered may include pain and suffering, medical bills, lost wages due to the injury, emotional distress, the purchase of medicine or medical equipment, and damage to property. The damage that the loved ones of the victim suffered may include pain and suffering, emotional distress, loss of companionship, loss of financial support, funeral costs, and burial costs. All of these damages can be claimed in a wrongful death lawsuit. Additionally, punitive damages may be assigned, which are meant to act as a punishment for the defendant.

You can learn more about what types of damages are likely to speak with an attorney, like a wrongful death law firm in Indianapolis, IN. This should be the first step you take.

Thank you to the experts at Ward & Ward Law Firm, for their insight into personal injury law.

Potholes can cause serious damage to cars, but they can also cause injuries to car occupants. Striking a pothole can cause a flat tire or axle damage that causes a driver to lose control of the car. Drivers often stop abruptly after hitting a pothole, potentially triggering a rear-end collision or pileup.

Even when a pothole does not cause a driver to collide with another car, potholes can lead to car occupant injuries. Research shows that potholes can trick impact sensors into deploying airbags. Car occupants can suffer serious facial injuries and hearing loss when airbags deploy.

Hitting a large pothole can produce the same force as a 35-mph collision. Even if airbags do not deploy, occupants who are wearing safety harnesses can suffer serious joint and neck injuries after a car hits a pothole. Occupants who are not wearing seatbelts may experience concussions, brain trauma, and other serious injuries.

Health Benefits of Seeing a Doctor Promptly 

No law sets a time limit for seeing a doctor after a car accident. There are, however, time limits associated with bringing a claim for compensation. Most states also impose strict time limits on providing the government with notice of the claim. Injury victims can protect their rights by obtaining immediate advice from a car accident lawyer after they are involved in a pothole accident.

It is just as important to seek medical advice immediately after a car accident. Whiplash injuries might not produce pain until two or three days after the accident, but prompt treatment — even before the pain starts — can reduce the duration and severity of pain that the injury victim eventually suffers.

Head injuries can cause bleeding and swelling of the brain, but an accident victim might not realize that they have a serious injury until it is too late to prevent death. Delayed treatment of muscle and nerve injuries can cause them to worsen over time. An accident victim who tries to “walk it off” or who doesn’t want to miss work to see a doctor may end up with a long-term disability that could have been prevented with prompt treatment.

Settlement Benefits of Seeing a Doctor Immediately
While a negligence claim is typically made against the government when a pothole causes an injury, state and local governments usually purchase insurance for negligence claims. The insurance adjusters who handle the claims have an incentive to save money for the companies that employ them. For that reason, they look for excuses to avoid paying full compensation.

When an accident victim does not immediately visit a doctor, an insurance adjuster will often claim that the victim came up with the idea to make a false insurance claim. The longer an injury victims puts off medical care, the more likely the adjuster will be to argue that the injury is fabricated or resulted from something that happened after the pothole accident.

Insurance adjusters scrutinize medical records in their search for an excuse to deny full payment of a claim. They pounce upon any gap in treatment as evidence that the injury victim stopped seeking treatment because the victim recovered from the injuries. If a victim stops treatment, it is difficult to overcome the suspicion that the victim’s injuries had fully healed.

To maximize the opportunity to receive full compensation, it is important for pothole accident victims to visit a doctor immediately and to follow the doctor’s course of recommended treatment. If the victim cannot attend a treatment appointment, he or she should reschedule the appointment immediately. If physical therapy is painful or time consuming, the victim should still make a point of attending every session. When medical records show that injury victims did everything their healthcare providers asked them to do, it is difficult for insurance adjusters to claim that the victim is faking an injury.