May 31, 2014

Mack v. Stryker - Pain Pump Maker Couldn't Have Known Risks, Court Rules

Those seeking compensation for injuries suffered as a result of older pain pump implants manufactured by Stryker Corp. are going to have a tougher time proving liability, following the decisions in Mack v. Stryker and Rodriguez v. Stryker, handed down by the Eight Circuit and Sixth Circuit federal appellate courts.
The issue is not whether these devices caused harm. Certainly, there is little question they did. At issue is whether the defendant knew or should have known their device caused harm, and yet failed to warn of potential dangers.

Greenville personal injury attorneys recognize that the divided rulings will likely impact those whose implants were initiated prior to 2007. It was at this time, the courts indicated, that medical knowledge regarding the potential harm of these devices was first noted. That means those with injuries sustained post-2007 still may have a strong case for damages.

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May 28, 2014

Mammarella v. Evantash - Diagnostic Error Top Cause of Medical Lawsuits

The No. 1 reason patients give for filing suit against their physicians is failure to diagnose a disease, such as cancer, according to researchers studying medical malpractice claims in the U.S., Canada, France and Australia.
The Royal College of Surgeons in Ireland found that between 26 and 63 percent of all medical malpractice claims can be traced to missed diagnoses. Charlotte medical malpractice lawyers recognize that any time a proper diagnosis is missed, it creates a situation wherein patients may miss out on potentially life-saving treatments. They may have to later endure more painful and invasive treatments than they otherwise would have if the doctor had caught their condition sooner.

In order to win in these instances, however, the patient must show a strong causal link between the missed diagnosis and some injury suffered as a result. This was where the plaintiff in the case of Mammarella v. Evantash, M.D., et al. failed. In the Delaware Supreme Court's recent review, the court affirmed an earlier summary judgment in favor of the defense, finding the plaintiff failed to present the necessary expert witness testimony that would have solidified her case.

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May 25, 2014

Southern Cities More Prone to Pedestrian Accidents

Pedestrian safety researchers are hopeful the next decade could bring about significant improvements in road design to bolster walkability and well-being among non-vehicle users.
However in the meantime, we are still grappling with an "epidemic" of pedestrian deaths - some 47,000 between 2003 and 2012, according to the Dangerous by Design 2014 report, released this month by Smart Growth America. Another 676,000 were injured. Not only that, pedestrian deaths accounted for almost 15 percent of all traffic deaths in 2012, which was a 6 percent increase from just a year earlier - and a five-year high.

Perhaps even more troubling for those of us in the South was the indication that those in Sunbelt communities that grew in the post-war period were among the most dangerous places. Charlotte pedestrian accident lawyers recognize that many of these areas developed rapidly, with strong emphases on wide, fast roads that would connect homes to schools, workplaces and shopping facilities. These roads are not often equipped with the safety features necessary when traveling on foot.

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May 23, 2014

Preventing Child Injuries in Hot Cars

Temperatures are getting warmer in the Carolina's and the National Highway Traffic Safety Administration (NHTSA) is sending an alert to parents and caregivers that hot weather could mean serious risks for infants and young children who are left inside vehicles. luxury-car-interior-1436692-m.jpg

The NHTSA is urging caregivers to "Look Before You Lock" to ensure that a baby or young child is not left inside of the back seat of a car. Unfortunately, death or permanent brain damage can happen very quickly in circumstances where children are left inside vehicles. Caregivers including daycares and school bus drivers could be held legally responsible in situations where a child is left inside of a vehicle and is harmed. An experienced child injury lawyer in Asheville can represent victims and families after a tragedy.

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May 21, 2014

Boating Accident Victims Urge Safety This Summer

From 2010 to 2013, there were 87 boating fatalities on lakes in South Carolina. Families recently gathered at a church in Lexington to honor those who have been lost and to urge safety this boating season in order to prevent future deaths. Local sheriffs and law enforcement members are also speaking out to remind those on the lakes to obey safety rules and follow best practices to avoid collisions. speedboat-with-white-sails-on-the-sea-in-turkey-1428367-m.jpg

When an accident occurs on the waterways, an a boating accident attorney can help injured victims or surviving family members to file a claim. Those responsible for the incident may be obligated to cover damages, including medical costs, pain and suffering, lost income and emotional distress.

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May 19, 2014

Skilled Nursing Facilities Doing Patients More Harm Than Good?

Discharge to a skilled nursing home setting is very common, especially as insurers regularly trying to limit the length of hospital stays in order to cut costs. Patients frequently undergo their rehabilitation or recovery in a skilled nursing facility after a stroke or other serious health problem. Unfortunately, the treatment provided in these facilities often falls far short of expectations in many cases. woman-in-hospital-1051476-m.jpg

When a skilled nursing facility provides substandard care, the patient who is harmed may take legal action. A nursing home neglect lawyer in Spartanburg can represent patients and families.

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May 15, 2014

Preventing Burn Injuries: Tips for Outdoor Grilling

Barbecues and outdoor grilling are a favorite year-round pastime throughout the Carolinas. During the spring and summer months, families, friends, and neighbors will find even more opportunities to get together and grill out. With the onset of barbecue season, it is important to keep in mind safety to prevent accidents and injuries, especially burns. In addition to propane explosions, grills can also pose potential fire hazards.
Our Charlotte personal injury attorneys are committed to keeping our communities safe and to preventing accidents and injuries.

Propane and charcoal grills should only be used outdoors. This may sound obvious, but many grillers have tried to use these grills in garages or in other enclosed spaces which can be extremely hazardous. In addition to the potential for carbon monoxide poisoning, having a grill in an enclosed space or too close to a building is a clear fire hazard.

Keep away from railings, awnings, and foliage. All grills should be kept far enough away from railings, building structures and other flammable items, including lawn furniture, awnings, plants or other dry foliage. Wherever you decide to put your grill, the area should be well ventilated, not in a garage or tent.

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May 13, 2014

Pools and Carbon Monoxide Poisoning?

Swimming pools pose a number of obvious dangers to children -- including drowning, slip and fall, and injuries caused by diving. One of the lesser known risks of home swimming pools is carbon monoxide poisoning. A South Carolina family is hoping to raise awareness about swimming pool carbon monoxide poisoning after losing their son in 2013. The family has established a foundation to prevent future accidents, injuries, and wrongful death caused by carbon monoxide poisoning.

According to USA Today, hotel guests are at risk of carbon monoxide poisoning. In the past three years 8 people have died and 170 others have been treated for carbon monoxide poisoning in hotels, which rarely have CO detectors. Our Charleston personal injury attorneys are committed to raising safety awareness to prevent accidents and injuries. We provide strategic counsel and representation to help victims recover after an accident.

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May 9, 2014

Brain Implants May Help Victims of TBI Recover Lost Memories

Traumatic brain injuries can have long-term and devastating consequences. In addition to personality changes, mood swings, and other cognitive challenges, brain injury victim's mays suffer from memory lapse. New research is raising hopes for brain injury survivors and their loved ones. U.S. military researchers are unveiling advances in developing a brain implant that could restore memory for wounded soldiers, and potentially other brain injury survivors.


The Defense Advanced Research Projects Agency, a.k.a. DARPA, is on track in a four-year plan to develop a memory stimulator as part of an Obama Administration initiative to better understand the human brain.

Our Charlotte personal injury attorneys understand the significant losses suffered by brain injury patients. We are dedicated to helping North and South Carolina victims access necessary medical treatment and to recover necessary compensation for treatment and care.

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May 8, 2014

Fast-Food Restaurant Fight Results in Premises Liability Lawsuit

Courts have long held that restaurants, bars and other facilities open to serve the public are responsible, to a degree, for the safety of patrons.
When patrons are harmed on-site - even if the harm occurs at the hands of a third-party - the restaurant owner, manager and staff may be held liable for failure to exercise reasonable care in protecting those on the property.

In cases of an assault or attack on site at a restaurant or bar, usually a claim of negligence will involve an allegation of inadequate security. Rock Hill premises liability lawyers know that the success of such a claim is going to depend on a variety of factors, including the type of enterprise, whether there have been previous violent incidents there before and whether there were any obvious breaches in security that should have been addressed but were not, proximately resulting in the plaintiff's injury.

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May 6, 2014

Report: Roadblocks to Shutting Down Bad NC Nursing Homes

When staff at an adult day care home commit violations of North Carolina law, it may put residents at risk of serious injury or even death. And regulators often don't hesitate to slap them with fines.
However, repeated violations often aren't enough to get a facility shut down. In fact, a new report from the Star News indicates that such a feat requires a "herculean effort," even for those facilities that have repeatedly put residents' lives in danger.

Nursing home abuse attorneys
in Charlotte understand that the biggest issue is bureaucracy. In fact, even simply sanctioning an adult day care home is a long process that must follow the strict protocol as codified in state law.

While recognizing that nursing homes are entitled to due process, complete with the opportunity to appeal and/or correct, advocates have been questioning whether the process is timely enough, particularly given that what's at stake is the safety and well-being of vulnerable adults who often cannot advocate for themselves.

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May 3, 2014

Blackburn Ltd. P'ship v. Paul - Liability for Child Pool Trespassers

In tort law, property owners may be freed of responsibility for injuries sustained by those who are trespassing on the property. One great exception is the principle of attractive nuisance, and it's a particularly powerful basis for personal injury litigation when the injured party is a young child.
The attractive nuisance doctrine holds that children, because of their lack of maturity, are unable to understand or appreciate the risks or danger of being on a premises. Therefore, if a property is accessible to young children and existing hazards on that property cause harm to a child, the owner can be held liable.

Our swimming pool injury lawyers know swimming pools are one of the most common sources of attractive nuisances in liability lawsuits, and these incidents are on the rise as temperatures increase and kids spend more time unsupervised during the summer break.

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April 30, 2014

Spinal Implants Causing Paralysis in Some Patients

A 66-year-old man readied himself for what should have been a single night hospital stay recently in Dallas, where he planned to have a spinal-cord stimulator implanted in his back. The hope was that the device, installed in some 100,000 patients over the last two years, would help him relieve the chronic back pain with which he'd struggled for decades.
Instead, according to the Wall Street Journal, he was wheeled out of the hospital more than a month later, fully paralyzed below the waist.

Charlotte personal injury lawyers
understand that these spinal-cord stimulators have been associated with more than 100 patient reports of permanent or partial paralysis after device implantation into the back. Based on adverse reports to the U.S. Drug Administration and a host of medical malpractice lawsuits, the Journal reports that the primary issue appears to be the way in which a person's spinal cord is punctured or compressed during the implantation procedure.

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April 28, 2014

Building Code Violations Resulting in Injury

Landlords and other building owners in North Carolina have a responsibility to ensure that their properties are safe for invitees (and sometimes even trespassers) and that the structures on site adhere to proper building codes.
When they do not and someone suffers a serious injury as a result, it may be appropriate to file a premises liability lawsuit.

Like many states, North Carolina does not subscribe to the legal theory of strict liability. That means just because a person has been injured on another person's property does not make them automatically liable for compensation. Your attorney will have to prove that the property owner or manager knew about the hazardous condition (or should have known), failed to take any reasonable steps to remedy the situation and that in turn proximately caused your injury.

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April 25, 2014

Dawkins v. Union Hospital - Doctors, Hospitals, Can Face Ordinary Negligence Claims

Under South Carolina law, civil actions alleging medical malpractice against doctors, hospitals and medical staffers have to follow a very strict set of procedures, per S.C.C.L. Section 15-79-110. These differ from what is required for ordinary claims of negligence.
However, the South Carolina Supreme Court recently ruled in Dawkins v. Union Hospital that not all claims against doctors, hospitals or health care institutions need follow the medical malpractice format - but only if the issue stems from ordinary negligence, and not medical malpractice.

Personal injury lawyers in Rock Hill have been carefully watching this case, as it may shape the way future cases are filed.

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