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Tag Archives: injury lawyer

Medical malpractice more likely if the doctor is fatigued

Research has now documented something that many have long suspected about medical errors by doctors. The recently presented paper shows that a physician that is burnt out or fatigued is more likely to have reported a serious medical mistake. Experts say that this makes sense in light of what we know about fatigue in healthcare providers, including doctors, nurses, paramedics and technicians. Significant fatigue and burnout can obviously lead to a tired healthcare worker that slow the thinking process. However, the fatigue and burnout can also create irritability and dulled clinical senses, leading to poor concentration and critical decision making. All of these can easily lead to various medical malpractice issues, such as a surgical mistake, wrong medication prescriptions or dosing, and even missed or delayed diagnosis. Patient safety advocates have long demanded that medical professionals maintain proper safety precautions, including ensuring proper sleep habits, maintaining safety protocols and monitoring for and dealing with risk factors for medical errors. Stories of surgical error or other malpractice issues are always a cause to take note and make serious changes to prevent recurrence. It is crucial to speak to an injury lawyer that specializes in medical malpractice lawsuits if you or someone you know suffered from an error due to the actions or inactions of a healthcare professional. This study further describes the association between medical mistakes and doctor fatigue or burnout.

Photo for illustrative purposes only. Photo Credit: Army Medicine [License]

Medical malpractice following hospital error 14 years ago may leave woman paralyzed

This is a case of medical malpractice that dates back 14 years, when a woman received an epidural injection before giving birth. Apparently, when the doctor was attempting to inject the woman through an epidural needle, a section of the needle broke off inside of her spine. The doctor and hospital staff either didn’t notice the doctor’s error or tried to cover it up by not telling the patient. A New York medical malpractice lawyer explained that both scenarios would likely be considered medical negligence or fraud. The injury lawyer explains that doctors and nurses are obligated to check their equipment to ensure no instruments are left inside of the patient. Cases of medical equipment being left inside of a person’s body usually occur during surgery. However, delicate pieces of equipment, such as needles, are easily broken. Many patients worry about undergoing medical procedures in fear of mistakes or complications that are not corrected. In pregnancy, this fear increases for fear of the baby’s safety. Luckily the botched procedure didn’t cause a birth injury to the baby. The woman in this case continued to develop pain and complications from the doctor’s mistake. It wasn’t until the woman underwent a scan that doctors discovered the broken needle piece embedded in her spine. Experts are now concerned that the mistake may leave the woman paralyzed. They note that attempting surgery to remove it may lead to the very same problem as leaving it in her body. See this article for additional details about this patient’s epidural injection injury and claims about the doctor and hospital trying to cover up the mistake.

Photo for illustrative purposes only. Photo Credit: george ruiz [License]

Dangerous foods require product recalls to protect consumer safety

A slew of recent food recalls have included Perdue chicken found to have pieces of plastic in it, concerns of spoiled Bumble Bee cans of tuna, dangerous foreign objects such as shards of glass in Nestle frozen food products and Listeria contamination concerns with Starbucks breakfast sandwiches. Consumer safety activists have expressed grave concern regarding the nature of the potentially dangerous product recalls. They insist that improved safety control must remain the highest priority of all food manufacturers and not profits, as some companies believe. Some experts have questioned the speed at which some food recalls begin while others note that the extent of recalls and the advertising of them are lacking. Public health professionals explain that a dangerous food product must be removed from store shelves and supply warehouses immediately. However, some companies delay such decisions due to concerns regarding their image or loss of money due to a recall. Even once a hazardous product recall has been initiated, some businesses do a poor job of publicizing it, leaving customers at risk of illness, injury or death. Product liability is a serious concern and must be seen by corporations as more than a financial decision, but rather a human one. A top injury lawyer in New York City explains that many people get sick, suffer an injury or are victims of wrongful death due to simple negligence by companies that don’t take their responsibility seriously. Activists encourage all businesses to follow the good examples set by owners who follow through on their obligations to the public. If you or someone you know has been injured by a dangerous product, you have the right to speak to an attorney. Find more about the recent food product recalls here.

Illustrative photo credit: Rusty Clark [License]

$ 1.45 Million Premises Liability Settlement – Man Electrocuted in Stairwell

Dennis Marruco was electrocuted while walking up the stairs of a New York financial institution. He sustained significant burns and a fracture of his left arm. In addition, the burn victim suffered a spinal injury with fractured vertebrae. Trauma surgeons performed an operation to repair his arm with plates and screws. Mr. Marruco explained that the real estate management company should have done their due diligence to prevent such an accident. He was left injured and knew that he needed help to recoup the money that he had lost due to the institution’s failure.

The 67-year-old accident victim approached the successful injury lawyers of Morrison & Wagner in Manhattan, New York with a simple phone call. They helped Marruco submit a premises liability lawsuit against the financial corporation and the realty management company. He demanded restitution for his accident injuries as well as his pain and suffering. The man’s diligent lawyer explained that negligent maintenance had been performed and therefore the defendants had not protected the public from an inevitable electrocution and injury. The defendants agreed to settle the lawsuit by paying the injured man $1,450,000. Here’s another premises liability case that was successfully handled by the winning attorneys of Morrison & Wagner, LLP.

Photo by Kevin.B (Own work) [GFDL or CC-BY-SA-3.0-2.5-2.0-1.0], via Wikimedia Commons

Owner of dogs who mauled woman convicted in court

A woman was assaulted and bitten by a dog while walking for exercise several months ago. The dog attack resulted in the 63-year-old woman suffering fatal injuries. Police say that the woman was severely injured by dog bites over her entire body, including an arm amputation, face lacerations and head injury. The dog owner was arrested during the investigation after he was found to have marijuana plants growing in his house. Police explain that the man used his pit bull dogs to protect his drug manufacturing even after being warned multiple times of the aggressive nature of his dogs. Witnesses note that the dog’s owner was well-aware of the dangerous situation that his wild dogs posed but ignored the public safety hazard. This allowed prosecutors to pursue a murder charge against the man. This month, the court found the man guilty of murder due to the wrongful death of the woman as a result of his negligence.

A New York law firm with expertise in dog mauling lawsuits explains that this is an unusual conviction. Unfortunately, owners of a dog that’s involved in an assault usually are able to claim innocence by claiming that they had no knowledge of the dangerous nature of their pet. In these cases, sometimes a civil case, such as a personal injury lawsuit or wrongful death lawsuit may be successful even when a criminal case is not. This may not place the dog owner into jail but can allow the dog attack victim or his/her family to recover money to pay for medical bills for injuries or even a funeral, if applicable. A victims of a dog assault is advised to seek the counsel of an injury lawyer with experience in dog mauling cases. Find out more about this dog attack here.

Illustrative photo by English: Lance Cpl. M. C. Nerl [Public domain], via Wikimedia Commons

New York ranks 7th highest in dog attack lawsuit payouts

An industry report shows that just one insurance company in New York State paid out $6.4 Million in dog bite attack claims last year. Specialists say that the statistics are similar for other insurance carriers who pay hundreds of millions of dollars to injured victims of assaults by dogs. They explain that very often the dog attack could have been prevented by simply putting the canine on a leash or containing it inside of a fence. However, many dog owners are negligent and create a dangerous condition for others that share the sidewalks, streets and public parks. Public safety activists note that dog owners sometimes think that their dog is safe and well trained while the reality is that even small things can set the animal off, triggering a vicious assault. Even dogs that are on a leash as well as small dogs can pose a threat and require close monitoring, especially while in public. The unsuspecting assault victim, often young children, can suffer severe and evening life threatening injuries in the matter of seconds. Common dog attack injuries include lacerations, cuts, broken bones, head injury or even internal bleeding. The long-term effects of the trauma can lead to infections, brain damage, post-traumatic stress disorder (PTSD), dog bite associated diseases and even death.
Police relate that local, state and federal laws regarding dog safety are in place to prevent injuries and wrongful death due to someone being attacked by a dog. In response to inquiries, they answer that owners of dogs that bite someone face fines and personal injury lawsuits. In some circumstances, the owner may face criminal charges for battery, especially if the dog was a known danger or the owner knowingly created a hazardous condition. Homeowner and renter’s insurance policies often contain a third party liability policy that helps cover the cost of a negligence lawsuit and medical bills arising from dog bites. Victims of a dog assault can speak to a qualified personal injury lawyer for further advice. This can include a general passerby, visitor or even a workman injured while at work. Check out more about the frightening reality of dog attacks in New York.

Illustrative photo by Karen Arnold [CC0], via Wikimedia Commons

Dietary supplement linked to liver damage

The dietary supplement called Mass Destruction has been flagged by the Food and Drug Administration as potentially causing liver damage. The agency has received reports of illness and health damage possibly caused by the body building dietary supplement. According to experts, this is not an isolated incident though. They say that products marketed as “natural” or “herbal” or as “dietary supplements” have often been linked to health problems and illness. The liver and kidneys can easily be injured by these substances, causing liver failure or renal failure. Other dangerous side effects can also occur due to some of the ingredients placed into these dangerous dietary supplements. There is little oversight or control over these products by the federal or state governments. Health professionals note that proper medical safety testing has usually not been performed on these types of products, yet they are still marketed as safe or even as healthy. In addition, there is a lot of money to be made in selling these products, even if they are potentially unsafe. Experts say that the business of manufacturing and selling supplements has become a booming multi-billion dollar industry.

Many of the dangerous products are sold on the internet but even when they are sold in stores, they are still difficult to monitor. Consumer health consultants say that manufacturers and promoters of the products claim all kinds of health or wellness benefits with little-to-no evidence. To attempt to legally cover themselves, the companies will usually include a disclaimer on their labels that says something like, “this statement has not been evaluated by the Food and Drug Administration.” Other attempts by companies to skirt their legal responsibilities to consumers include posting statements like, “this product is not intended to diagnose, treat, cure or prevent any disease.” However, an injury lawyer in Manhattan, New York explains that this doesn’t absolve these manufacturers and the stores that sell the dangerous items from responsibility. Potentially misleading advertising is something that must be looked at closely in order to fully evaluate a given situation. Personal injury lawsuits may be filed against a company or individual that knowingly puts the public in danger by selling dangerous products that can cause illness or a health hazard. Professional investigation is usually needed to determine if negligence or deceit was involved with the production, advertising and sale of such hazardous products. Find out more about this recent warning and health scare in this article.

Photo by Ragesoss (Own work) [CC-BY-SA-3.0-2.5-2.0-1.0 or GFDL], via Wikimedia Commons

New York injury lawyers applaud new road safety initiative

New York – A Queens hospital held a conference to discuss traffic accidents and injuries this past Thursday. The hospital’s head of the neurosurgery department organized the meeting in an attempt to prevent car crashes, bicycle accidents and pedestrian injuries that have become so common on the local roads. Neurological and neurosurgical injuries that are often treated by the hospital can include a traumatic brain injury with hemorrhage, concussion, spinal cord damage and vertebral fractures as well as nerve damage. Soon after the hospital’s conference, a New York City transportation safety advocacy group held an awareness demonstration. At the rally and march, the activists demanded improved road safety with enforcement of traffic laws and education of both drivers and pedestrians. In addition, they explained the importance of proper road and sidewalk design to prevent car accidents but also to protect people in case of a collision. A top New York accident law firm has applauded the safety efforts of everyone involved, noting that an injury suffered by an accident victim can leave the person disabled and unable to care for him or herself. Many injuries can even be fatal.
Raising further concern, the Fire Department of New York’s Emergency Medical Services branch shared some of the horrifying statistics regarding crashes and injuries in the city. More than 14,000 pedestrians and bicyclists were hurt in a road accident last year. The police department has been criticized by some for their lax policies on investigating accidents and issuing tickets. Some improvements with their policies are pending and these will hopefully improve the situation, as we’ve discussed in this forum in the past. In the meantime, many injury victims find it necessary to speak to an accident lawyer to help advocate for their rights.

Photo by U.S. Navy Mass Communication Specialist 2nd Class Gary Granger Jr. [Public domain], via Wikimedia Commons