May 2017 -

I am pregnant and am having surgery. My doctor has recommended intraoperative neurophysiological monitoring during the surgery. Will it endanger the pregnancy?

Posted on by

I am not a doctor. If you have questions about your surgery, and how it will affect your pregnancy, you should speak with your surgeon and your obstetrician about your concerns.

Intraoperative neurophysiological monitoring (IONM) involves hooking electrodes to the body which monitor how the body responds during surgery. Normally, IONM is performed during delicate surgeries involving the brain, spinal cord, and nervous system. IONM can help prevent any damage from occurring to the body before it happens.

There have been no long-term studies on the effects of intraoperative neurophysiological monitoring on pregnancy. However, there have been reports of doctors successfully monitoring surgeries using IONM on pregnant patients. Typically, most doctors try to put off surgery while a patient is pregnant, so if a patient is undergoing surgery while pregnant, it’s likely a critical surgery for which IONM can help produce a positive result.

If you are pregnant and you need surgery, and your doctor has discussed IONM with you, you should consider all of your options and maybe seek out a second opinion. IONM is beneficial in the vast majority of cases. In some rare situations, it does go wrong. When that happens, it is not being properly performed, and patients can be harmed as a result.

If you have been harmed during a surgery that was monitored by IONM, call me, Conal Doyle, IONM malpractice attorney, at 310-385-0567. My team can help. I have experience in IONM malpractice cases, and will provide you with a free consultation on your case. Call to learn more.

I am an amputee and my insurance company refuses to pay for a C-leg. Can I sue the insurance company?

Posted on by

As an amputee as well as a personal injury attorney, I understand how frustrating dealing with insurance companies can be. Unfortunately, many insurance companies are very happy to collect customers’ premiums, but when the time comes to pay claims, they may refuse to pay. The biggest reasons insurance companies use when denying claims is that the medical claims are not medically necessary or are experimental, both of which are typically excluded under insurance policies.

A C-leg refers to a type of prosthetic leg that has a microprocessor knee. The C-leg is manufactured by Ottobock, and is more expensive than other types of prosthetic legs. It is also more advanced, and offers a lot of benefits that are not available to users of other types of prosthetic legs. The C-leg is more stable than other prosthetics, and can adapt to users and the manner in which they walk. It can also make walking backwards much easier.

If your insurance company refuses to pay for a C-leg, your first step is to check your policy, as well as talking to your doctor and your prosthetist. Getting coverage may be as simple as getting additional documentation from a doctor. However, in some cases obtaining coverage involves a fight with the insurance company. Many insurance companies act in bad faith, and could be required to pay for not only your prosthetic leg, but also your attorney’s fees.

Call me, Conal Doyle, Amputation Attorney, if you have been denied coverage of a prosthetic leg to which you believe you are entitled. I can help. Call today at 310-385-0567 to learn more or to schedule a free consultation on your case.

Injured by a hot water heater that exploded. Can I sue the manufacturer or landlord?

Posted on by

Hot water heater explosions are unusual, but do occur from time to time. Hot water heater explosions can have a number of causes. Typically, they are caused by a defective hot water heater, the hot water heater being improperly installed, or a failure to maintain the hot water heater.

One reason hot water heaters can be so dangerous is they are designed to hold a large amount of hot water under pressure. When a system fails, it can explode and send not only scalding hot water flying, but also metal, which can harm anyone around the hot water heater. Hot water heaters also require large amounts of electricity. Some hot water heaters also have a steady flow of gas and a pilot light. If either of those systems fails, there may be an explosion.

There are a number of federal guidelines that must be met when designing, manufacturing, and assembling hot water heaters. Installers of hot water heaters must also meet specific regulations. If a hot water heater explodes, it is important to examine the accident to determine who was responsible.

In most hot water heater accidents, the manufacturer of the heater, the party in charge of installation or maintenance, or the homeowner is liable. If the hot water heater exploded because of a defect with the system, the manufacturer is most likely responsible. If the hot water heater was not properly maintained or installed, the plumber or service tech is responsible. If the landlord or homeowner did not maintain the hot water heater in a safe manner, the landlord could be liable.

I’m sorry you suffered those injuries. You should speak with an attorney who can help you evaluate your legal options. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567 to learn more or to schedule a free consultation on your case.

My doctor advised that I should have intraoperative neurophysiological monitoring performed during my surgery. I have a pacemaker. Is that an issue?

Posted on by

I am not a doctor, and if you have any concerns about any upcoming medical procedure, you should consult with your doctor. This is particularly true since you have specific concerns about your pacemaker and the procedure that will be performed.

Although I am not a doctor, I am a personal injury attorney who has experience in medical malpractice cases involving intraoperative neurophysiological monitoring (IONM). I have helped clients who have been harmed when IONM goes wrong during surgery.

Studies have shown that pacemakers and defibrillators are not at risk for malfunctioning during IONM. However, there is always a concern that because IONM involves electrical impulses, and electrical impulses can interfere with pacemakers and defibrillators, that the patient could be harmed.

IONM has been shown to be beneficial in preventing complications during surgery. If your doctor has recommended IONM, you should at least seriously consider following his or her recommendations. However, some patients have suffered serious harm when IONM was incorrectly performed.

If you believe that you have been harmed during a procedure which was monitored by intraoperative neurophysiological monitoring, call me, Conal Doyle, IONM malpractice attorney. I can help. Call today at 310-385-0567 to learn more or to schedule a free consultation on your case.

How long can I expect my personal injury case to last? How much money can I expect to receive?

Posted on by

As you can probably imagine, every single case involving a personal injury is different. Some very legitimate claims may result in very small payouts or no payout at all. In other situations, claims that are questionable at best may receive a large settlement or verdict. Some personal injury cases are settled in a matter of weeks, while others can drag on for years.

That being said, we can look at some national averages, which can help to give you some idea of what you are likely to expect. However, your case may be very different from the average case. In the U.S., the three most common types of personal injury claims are motor vehicle accidents, medical malpractice claims, and product liability cases.

In motor vehicle accident cases, about 60 percent of cases are successful for the accident victim. The average case lasts for 20 months, which is the fastest of personal injury cases. The median average settlement is $31,000, with about half of all plaintiffs receiving less than $24,000.

In medical malpractice cases, only 20 percent of plaintiffs are successful. On average, it takes 31 months to complete a medical malpractice case. However, if you are successful in a medical malpractice case, you are likely to receive a large payout – the average settlement or verdict is almost $750,000.

This may provide you some idea of what you are likely to expect if you have been injured in an accident or because of another party’s negligence. If you or a loved one has been injured due to a motor vehicle accident, a doctor’s negligence, or because of a defective product, call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

I went into septic shock and suffered an amputation as a result. Can I sue my doctor?

Posted on by

I’m sorry to hear about your amputation. As an amputee, I understand the physical and emotional struggles that accompany an amputation.

Septic shock is a complication of sepsis. Sepsis can occur as the result of an infection, and is extremely dangerous and life threatening. There are three stages of sepsis. The first is sepsis, when the infection reaches the blood stream, and causes inflammation in the body. The second is severe sepsis, which occurs when the infection is serious enough to affect the functioning of your organs. Septic shock occurs when you experience a significant drop in blood pressure, which can lead to respiratory or heart failure, other organ failure, strokes, and death.

Some symptoms of septic shock include a fever, low body temperature, rapid breathing, and a fast heart rate. When septic shock becomes very severe, there may be dizziness, confusion, problems breathing, and a bluish discoloration of the fingers or lips. Septic shock is caused by an infection that is not treated. In many cases, septic shock can be treated with antibiotics, other medications, large amounts of fluids, and minor surgery. In serious cases such as yours, an amputation may be required.

You may be able to sue your doctor as a result of your amputation. However, you will have to prove that your doctor acted negligently. Your doctor may have failed to properly recognize the signs of sepsis, or may not have properly treated your infection initially. Call me, Conal Doyle, amputation attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

Diabetes Drug Receives Warning from FDA Due to Amputation Risk

Posted on by

The FDA recently issued a warning about the type 2 diabetes drug canagliflozin, which is sold under the brand names Invokana and Invokamet. According to the FDA, the drug increases the risk of leg and foot amputations. The FDA is requiring the medications to carry new warnings about the risks. The warnings required include the most serious boxed warnings available.

Two clinical trials have shown that among patients taking canagliflozin, they experienced leg and foot amputations about twice as often as in patients who took a placebo. The most common amputations were amputations of the toes and the middle of the foot, but more serious amputations also occurred. Some patients had multiple amputations when taking the drug.

Canagliflozin is designed to lower blood sugar levels in adults with type 2 diabetes. It is supposed to be used in conjunction with diet and exercise. It is currently unclear why the drug causes an increased risk of amputation. Patients who take canagliflozin should notify their doctors immediately if they develop new pain, sores, ulcers, or infections in their legs and feet, as it may be possible to take steps to prevent an amputation.

If you or a loved one has taken canagliflozin, and you experienced an amputation, you should speak with an attorney. You may be entitled to compensation from the drug’s manufacturer. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I can help. I am also an amputee, as well as a personal injury attorney, and I will help fight for the compensation to which you are entitled.

My child was bitten by a dog and suffered serious scars. What are my legal options?

Posted on by

I’m so sorry to hear about your child’s dog bite and scarring. According to the Centers for Disease Control and Prevention, over four million people are bitten by dogs every year. Many of these bites are minor and do not require medical treatment. Serious bites may require hospitalization and surgery, and some even result in death.

In many cases involving dog bites, the wounds are not only physical, they are also psychological. It can be terrifying to be attacked by a dog, and victims can suffer stress after the incident. In addition, those left with serious scars and wounds may suffer emotional trauma due to their appearance. Dog owners are required to take reasonable measures to control their dogs’ actions. If they fail to do so, they can be held liable for damages, including compensation for medical care, emotional and psychological trauma, and any scarring.

Fortunately, there are a number of medical procedures available today that can help minimize the appearance of scars. Skin and muscle grafts can help serious wounds by taking skin or muscle from one part of the body and transferring it to another area. Tissue can also be replanted from one area of the body to another. Dermabrasion can also help. It involves scraping the top layers of skin off, and can help reduce the presence of a scar.

If your child has suffered a serious dog bite in the Los Angeles area, you should speak with an attorney. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

If I have been injured as a passenger in a Lyft or Uber vehicle, can I sue the company in California?

Posted on by

You may be able to sue the company if you have been injured in an Uber or Lyft vehicle. Whether or not you can sue and who you can sue depend on the circumstances of the accident. Normally, in order to pursue an automobile accident claim in any situation, you must be able to prove who was at fault, and that you were injured.

If the Uber or Lyft driver caused the accident, you may be able to sue the driver. However, if the driver only has a personal insurance policy, it may not be possible to collect any damages from the driver. Those policies typically do not apply if a driver is engaged in a commercial operation. Fortunately, California has a law that requires rideshare companies such as Uber and Lyft to carry a $1 million insurance policy for damages caused by their drivers. If the Uber or Lyft driver does not have that type of policy, you may be able to sue the company directly.

If the Uber or Lyft driver is not at fault for the accident, you may be able to sue the other driver who caused the accident. Under California law, drivers are required to carry car insurance. If a driver fails to carry insurance and you are injured in an accident while riding with Uber or Lyft, you can make a claim against the company’s underinsured and uninsured policy.

The bottom line is if you were harmed in an accident while riding in an Uber or a Lyft vehicle, you are entitled to compensation. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I ate some raw shellfish I bought at a grocery store and ended up with a bacterial infection that resulted in a leg amputation. Can I sue the store?

Posted on by

I’m so sorry to hear about your amputation. What happened to you is very rare, but does happen on occasion. Raw shellfish can contain bacteria, which in unusual cases can cause a bacterial infection in the individual consuming the shellfish. In a small percentage of cases involving bacterial infections, the infection is resistant to drugs, and the victim may have to undergo an amputation to prevent the infection from spreading.

In order to recover in any negligence case, the plaintiff must prove that the defendant breached a duty that was owed to him or her, and that harm resulted as a result. Clearly in this situation, there was harm to the victim, but it must also be shown that a duty was breached. If the shellfish were improperly handled, were purchased from a questionable source, or were clearly rotten at the time the grocery store sold them, the grocery store likely breached its duty. That may be a tough hurdle to overcome, but it is possible.

As an amputee, if you can prove liability, you should be able to prove a large amount of damages. Some potential damages could include past and future medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. If the amputation has caused you to be unable to work at your job, you may be entitled to payments for your disability as well.

As an amputee myself as well as a personal injury attorney, I enjoy helping clients pursue compensation against parties that have wronged them. Call me, Conal Doyle, amputation attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.