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March 2015 Archives

Understanding product liability claims

Product safety should be a top priority in every industry. Unfortunately, dangerous and defective products still surface regularly across the country. Last week, for example, a prominent U.S.-based manufacturer of children’s car seats settled a lawsuit involving defective safety buckles. The manufacturer agreed to pay $3 million in fines and invest $7 million toward enhanced safety programs.

Can driverless cars be safely integrated into mainstream society?

Driverless cars are coming. They are eventually going to be a mainstream part of our streets, highways and express ways. How soon they come is up for debate. But what is also not decided is how driverless cars will co-exist with cars that are driven by human beings.

Brain bleeds in fetuses and newborns can be discovered

Caring for fetuses and newborns is very important for obstetricians and neonatal nurses. Part of this care includes monitoring the birthing process to ensure that major issues are not missed. One of the hidden dangers of childbirth is internal bleeding within the child’s brain. This is a serious condition that can result in substantial neurological impairment and even death.

Blood test could differentiate viral and bacterial infections

One of the clinical paradoxes facing doctors is determining when to use antibiotics to treat bacterial infections. The difficulty arises because some viral infections are indistinguishable from bacterial ones. When a doctor chooses to prescribe an antibiotic out of sheer caution, it could result in the creation of antibiotic resistant superbugs. The failure to use them could put patients at risk of infections, which could result in hospitalizations and increased healthcare costs.

Phones and other distractions lead teens to accidents

It’s been a number of years since distracted driving became a national safety issue; specifically, talking on cell phones and texting while driving. Since then, more than 30 states have enacted laws limiting cell phone use while behind the wheel, and they have enacted rules detailing how teen drivers may drive.

Self-driving car to make cross country trip

Last month we wrote a post about the Detroit International Auto show and how automakers were showcasing concept cars that ostensibly give us a peek into the future. Part of this future includes self-driving cars, which automakers have hinted could be on the road by the end of this decade.

Children of Wal-Mart crash victim to receive $10 million

Since the horrific crash last summer involving comedian Tracy Morgan and his entourage and a truck driven by Wal-Mart, we have written a number of posts on trucking accidents and what you can do to help your attorney in resolving a case. After all, helping people get compensated for their injuries and losses after a truck accident is why we are in business. So we are proud when we see people receive their due in the face of negligent actions.

Three things to do before meeting with an attorney

After being in an accident involving a semi-truck, it is likely that you just want to thank your lucky stars that you are able to walk away from the accident without losing your life. After all, semi-trucks are the largest and most dangerous vehicles on the road, and they can weigh as much as 40,000 tons. So being in a crash with one of these vehicles does not bode well for someone in a passenger car.

Important elements in brain injury recovery

As we have noted in prior posts, different brain injuries require different types of treatments. Depending on the severity of the injury, the treatment could be as basic as monitoring the patient to make sure nothing out of the ordinary occurs during the healing process, or it could be as detailed as scheduling surgery and then organizing a plan of recovery.

How motorcycle riders can be safe after the snow melts

The snow is melting. It may not seem like it is, but take our word for it. The longer days and the higher angle of the sun means that spring will be here before you know it. For those who are really counting the days, spring will officially be here in about a week's time.

Can hospitals be held liable for medical malpractice?

When you think about the concept of medical malpractice, you may think about a doctor failing to perform to the standards established in his or her area of practice. You may also think about surgeons failing to remove surgical devices after a procedure or doctors misdiagnosing a patient who ends up having a terminal disease. Despite these maladies attributable to individuals, a hospital could be held liable for malpractice as well.

Can you sue after being injured by a pothole?

The warmer and longer days are a telltale sign of spring. For many people in our region, it is a welcome sight after such a challenging winter. Unfortunately, one of the rites of spring in central New York is dealing with the potholes that have developed during the winter.

The notice requirement in premises liability cases

If you have slipped and fallen in a grocery store, or were injured by loose floor tiles in a mall or were assaulted while on hotel property, it is okay to feel as if you want your rights respected and to be compensated for your injuries. After all, owners of retail outlets and other commercial property have a duty to use reasonable care in keeping patrons safe. When they fail to do so, they should be held accountable.

Why pedestrians must be careful during spring break

Who’s ready for spring break? After a few months of relentless snow and subfreezing temperatures, we hope that all of our readers have the opportunity to go south (if only for a few days) and enjoy some warm weather in Orlando, Miami, Phoenix or Las Vegas.  Indeed, central New York is nice, but a getaway is even nicer.

Could the spring thaw lead to hydroplaning on roads?

According to weather experts, this winter has seen more snow than any time in the last decade. It has certainly made for an “interesting” winter and challenging driving conditions. With the calendar turning to March and warmer temperatures, there are some concerns that a rapid melt could lead to flooding.

Family of child determined brain dead sue doctor, hospital

Losing a child is tough enough. To find out that it could have been entirely preventable is enough to make a parent see red. In these instances, it is natural for a parent to want to hold everyone involved accountable; from the physician who treated the child, to the nurses who were supposed to be checking vital signs, to the hospital that incorporated policies that eventually led to the child’s demise.

Does an injured person need to mitigate their damages?

A number of our posts have focused on who can be held liable in an accident, and what the injured person may be able to recover in terms of monetary damages. But in the midst of pursuing compensation for an injury, many plaintiffs may not realize that there may be a continuing duty for the plaintiff to mitigate their damages.

Could multiple defendants be sued for superbug outbreak

Last week we highlighted the “superbug” outbreak at UCLA’s Ronald Reagan Medical Center, where two people died and several others were infected with an antibiotic resistant bacteria called CRE (known as carbapenem-resistant Enterobacteriaceae). We highlighted the need for hospitals to use reasonable care in sanitizing equipment and cleaning surfaces that may harbor bacteria, and how the failure to use such care in doing these things could lead to a lawsuit

Nurse who contracted Ebola to sue hospital where she worked

While a majority of our hospital negligence posts focus on the diseases and ailments that patients may contract, it is not uncommon for nurses and hospital staff to contract diseases when proper treating procedures have not been established, or when the proper equipment is not available to protect nurses and other workers.

'Heads up' display may not be the best for distracted driving

The North American International Auto Show in Detroit last month drew more than 200,000 car enthusiasts who were interested in the latest available technologies as well as concept cars that will eventually be on the road in years to come. Indeed, the prevailing talk is about the future of self-driving cars, and how soon they will be seen on the road. However, the current technologies still bring around a great number of fans. 

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