June 2017 - Page 2 of 3

What are my legal options if I have been injured in a train accident in Los Angeles?

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There are less trains in operation now than there were decades ago, but trains are still a very vital part of our economy. Most trains pass through fairly rural, unpopulated parts of the country, but many pass through cities and towns. Train safety can be a major concern at intersections.

It has been estimated that a person or a vehicle is hit by a train every three hours in the United States. If a person is in an accident with a train, he or she is almost 20 times more likely to be killed than if he or she was in an accident with a standard vehicle. Most accidents between trains and automobiles occur because of reckless behavior on the part of the driver.

It’s important that as a driver, you take precautions while driving around trains and train tracks. Do not always assume that the lights and the arms are always working at railroad crossings – instead, look and listen for trains. Also, do not walk or play on train tracks – even if you never see a train on a train track, it does not mean that the track is inactive. It is illegal and dangerous to walk or drive on train tracks.

If you are in an accident with a train, it’s important that you take legal steps to protect your rights. Railroad companies have teams of attorneys on their side who will most likely very vigorously defend against a lawsuit. You need to have an advocate on your side as well.
If you have been injured in a Los Angeles train track accident, 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.

My doctor says I need Transcranial Doppler Imaging. What are the risks of that type of procedure?

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Transcranial Doppler Imaging (TCDI) is a type of intraoperative neurophysiological monitoring (IONM). It is commonly used during vascular surgery. TCDI is a type of ultrasound that measures the velocity of blood flow through the brain’s blood vessels by measuring the echoes of ultrasound waves moving through the brain. TCDI is often used in conjunction with other tests.

TCDI uses one or two probes that display images of the skull, brain, and blood vessels. The probe emits a sound wave that bounces off substances in the body. The probes can measure whether blood is moving towards or away from the probe. This can help make a number of diagnoses.

TCDI is generally very safe. The procedure has been used regularly for years, and the technology is better than ever. However, as with any medical procedure, in some cases something could go wrong. If you have any fears about TCDI, you should speak with your doctor about your specific concerns.

If you believe you have been harmed during a procedure involving TCDI, it may be time to speak with an attorney. Call me, Conal Doyle, IONM attorney at 310-385-0567. I have experience in handling IONM malpractice cases, which can be complex. Call today to learn more or to schedule a free consultation.

I had some medical complications after my medications were mislabeled at my pharmacy. Can I legally sue the pharmacist?

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Labeling on medications is absolutely critical and has got to be right. The information labels on medications indicate the proper dosage, how often it is to be taken, how it is to be taken, and any interactions the medications could have. If a prescription medication is mislabeled, that mistake could post serious harm for the consumer.

There has been an increase in recent years in the number of compounding pharmacies, which are pharmacies that produce and dispense small amounts of medications. Compounding pharmacies can be prone to mistakes, as can standard pharmacies, all of which can endanger the health of customers.

Some common mislabeling errors include making a mistake in dosage, resulting in either an under-dose or an overdose. A medication could be mislabeled and a patient could be taking the wrong medication entirely. A medication may not contain the correct instructions for taking it.

When a person suffers serious injuries or death due to mislabeling of a medication, that individual can seek financial compensation from the pharmacy, the pharmacist, or other responsible parties. That could include compensation for medical expenses, rehab costs, time missed from work, pain and suffering, and more.

If you have been injured in the Los Angeles area because of a pharmacist’s mistake, call me, Conal Doyle, Los Angeles prescription drug error attorney, at 310-385-0567. I will provide you with a free consultation, and we can determine if you have a good case. Call today to learn more or to schedule a free consultation.

My child suffered a finger amputation on a piece of playground equipment. What are my legal options?

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I’m so sorry to hear about your child’s accident. Although that type of incident is extremely rare, it does happen. Late last year, a playground equipment manufacturer issued a recall for hundreds of slides after reports of amputations involving children.

If your child has suffered serious injuries because of a defect with a piece of playground equipment, you have legal options. Normally, you would pursue a product liability case against the manufacturer of the defective equipment.

Product liability cases can be handled in a number of ways. The type of product, as well as the date it was designed or manufactured can determine how a case against the product manufacturer should be pursued. In some cases, the injured party can base their lawsuit on a breach of warranty claim, while other cases proceed under a theory of strict liability.

In a breach of warranty case, the injured party will claim that the manufacturer is liable because it breached a warranty, either express or implied, when a product was sold with defects. In other cases, a theory of strict liability is used. In strict liability, it is only necessary to show that the product was defective and the consumer was harmed.

There are several types of defects that are involved in product liability cases. Some products have design defects, and all products have the same issue. Other products have manufacturing defects which were caused by a problem with the manufacturing products. Other products may not have contained the proper warnings about their use.

If your child has suffered an amputation because of a defective piece of playground equipment, call me, Conal Doyle, Amputation Attorney at 310-385-0567. We will provide you with a free consultation on your case. Call today to learn more.

I was injured in a bike accident. Can I get compensation?

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More people are cycling today than ever before. Many cities, including Los Angeles, have put in more bicycle lanes on the roads, as well as bicycle paths. These bicycle lanes are designed to increase safety, but bicyclists and automobile drivers are always at risk of accidents when sharing the roadways.

Bicycle lanes are definitely a safer alternative to bicycles directly sharing lanes with automobiles, but they are not without risk. The bicycle lanes are normally directly beside roads, so there is still a high risk of accidents. Motorists may fail to see bicyclists in bike lanes, which can be particularly dangerous at intersections or turns. Some of the most common types of accidents involving bicycle lanes include vehicles turning, dooring accidents, and accidents at intersections.

If you are a bicycle rider who has been involved in a collision with an automobile, you likely have very serious injuries. Bicycle riders can suffer head injuries, broken bones, and soft tissue injuries. You may be unable to work and could need extensive physical therapy. Victims of bicycle accidents deserve to be compensated for their injuries, including money for medical expenses, lost income, and pain and suffering, if those injuries were caused by the actions of the other driver.

Call me, Conal Doyle, Los Angeles bicycle accident attorney at 310-385-0567. My legal team can help. Call today to learn more or to schedule a free consultation on your case.

I had spinal surgery and it went badly. I have been reading about intraoperative neurophysiological monitoring and I believe it could have helped. Can I sue my surgeon for not performing IONM?

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That’s a very good question. Intraoperative neurophysiological monitoring involves the use of electrodes during surgery to gauge how the body’s nervous system is responding during surgery. It has been shown to help reduce, in most cases, the incidence of problems during the surgery.

In order to sue a doctor for medical malpractice, you must be able to show that a doctor-patient relationship existed, the doctor was negligent, and you were harmed as a result of that negligence. To find a doctor negligent, it must be shown that his or her conduct fell below a generally accepted standard of medical care. Normally, the testimony of another medical expert is used to show what standard of medical care is commonly met by similar competent professionals in the area.

Whether a doctor could be held liable for malpractice for failing to use IONM during surgery could be a tricky issue. It’s true that by failing to use IONM to monitor your surgery, there was a missed opportunity to be aware of problems before it was too late to stop the surgery. However, not all doctors use IONM during surgery. You will need to prove that other doctors in your doctor’s specialty, and for your type of surgery, use IONM to prevent problems, and that your doctor failed to do so.

If you have any questions about intraoperative neurophysiological monitoring (IONM) and medical malpractice, call me, Conal Doyle, IONM attorney, at 310-385-0567. My team can help. I have experience in IONM malpractice cases. Call today to learn more or to schedule a free consultation.

I recently had a limb amputated. Is my job legally allowed to fire me because of the amputation?

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It depends on the situation, but in most cases, no, an employer cannot fire you because you have a limb amputated. By law, disability discrimination is illegal. Disability discrimination occurs when an employer treats an employee (or a job applicant) unfavorably because of a disability.

An employer is required to provide reasonable accommodation to an employee or a job applicant with a disability, unless doing so would cause significant disability or expense for the employer. A reasonable accommodation is any change in the work environment or the way things are usually done in order to help a person with a disability perform the duties of a job.

For example, if you had a leg amputation, and your job involves a lot of standing which may be difficult after your amputation, your employer could be required to find a way for you to work sitting down, if possible. If, however, your job involves a lot of heavy lifting, and you had an arm amputation, there may not be a way to provide you with reasonable accommodation.

If making a reasonable accommodation would be too difficult or expensive in light of the employer’s size, financial resources, and the needs of the business, the employer does not have to provide reasonable accommodation. In addition, if there are multiple ways of providing reasonable accommodation, the employer can choose which one to provide.

Cases involving disability discrimination are very fact-dependent. If you had an amputation and you believe your employer discriminated against you as a result of that amputation, you should speak with an attorney. Call me, Conal Doyle, Amputation Attorney at 310-385-0567. My team can help. I am also an amputee, and I focus a great deal of my practice on helping other amputees. Call today to learn more or to schedule a free consultation.

What are my legal options if I am injured in a jet ski accident in Los Angeles?

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If you are injured in a jet ski accident, your legal options depend on who was at fault. If you were at fault, your options could be limited. If, however, another party was responsible for the accident, you may be able to pursue a personal injury case against the other party.

Under California law, people who use jet skis and boats have a legal duty to operate those vehicles in a safe manner. They must take actions to protect any passengers they may have, as well as other people who are on the water around them. Unfortunately, many boaters and jet ski drivers do not take their duties seriously. Driving while intoxicated is very common on the water. People often operate boats and jet skis without proper training, or may drive too fast or recklessly, and could also fail to keep a proper lookout.

Individuals who are injured in jet ski accidents have the right to pursue compensation against the wrongdoer. However, many boating and jet ski accidents involve the negligence of friends and family members, so the victims may be reluctant to pursue a case against their loved ones. It’s important to keep in mind, however, in most cases insurance companies will pay the damages, so the wrongdoer will likely not have to pay out of pocket for the damages. There is a very short time to seek compensation legally, so it’s important to pursue a case right away.

If you have been harmed in a jet ski or boating accident in the Los Angeles area, call me, Conal Doyle, California boat and jet ski accident attorney at 310-385-0567. Call today to learn more about your legal options.

What steps do I have to take in a California personal injury case? How long do personal injury cases last?

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No two personal injury cases are exactly the same. Some complex cases can be settled rather quickly, while in other cases what appears to be a very minor automobile accident case may drag on for years. In most cases, however, there are some standard steps that must be met for the case to go forward.

The first step is for the injured accident victim to choose an attorney to help with the case. The accident victim may choose to handle the case on his or her own, but in most cases will hire an attorney. After the attorney is hired, he or she will begin to gather documentation related to the accident, including police reports, medical bills, medical records, and other documentation.

After the attorney has reviewed the documentation, he or she will file a lawsuit if there is a strong case. In many cases, the lawsuit may not be filed until after the victim has had a chance to recover as much as possible from the injuries, so that the full extent of damages is known before the case begins.

Once the lawsuit begins, there is a discovery period during which both sides have a chance to investigate the other side’s case. Evidence is gathered during the discovery period, including documentation, and depositions may be taken. It’s common for cases to settle during the discovery period.

If the case is not settled, it goes to trial. The trial could last for a day or less, or could take weeks or even months, depending upon how complex the case is. When the trial is over, the judge or jury will announce a verdict. Both sides could choose to appeal after the verdict is handed down.

As I said, every case is different, so it’s tough to guess exactly how long any one case will take. If you would like to talk more about your legal options in a personal injury case, 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.

How can I prove negligence in a personal injury case?

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Negligence must be proven in most personal injury cases. Negligence is defined as the failure to use proper care. Most personal injury accidents involve negligence. If a person is negligent and another person is harmed, the victim can seek monetary compensation through the court system for his or her injuries. Negligence is a factor in most personal injury cases, such as car accidents, slip and fall accidents, and medical malpractice.

In order to prove negligence, four elements must be shown. The plaintiff must prove that the defendant had a duty to act or refrain from acting in a certain manner. For example, drivers have a duty to obey the rules of the road. The plaintiff must also prove that the duty has been breached. That can in some cases be easy to prove, but in others can be more difficult.

If the first two elements can be shown, the victim must next prove that the breach of the duty was the cause of the victim’s injuries. The victim must finally prove that he or she was harmed as a result of the breach of the duty. This can be proven through medical bills, documentation regarding time taken off work, and other documentation regarding expenses. The plaintiff may also recover non-economic damages for pain and suffering, disfigurement, and more.

If you have been injured in an accident caused by someone else’s carelessness or recklessness, and you can prove those actions caused your injuries, you are likely to succeed on your personal injury case. If you are in southern California, call me, Conal Doyle, Los Angeles negligence attorney at 310-385-0567. Call today to learn more or to schedule a free consultation on your case.