August 2017 - Page 2 of 3

I believe I have been harmed by a prescription drug. What should I do legally?

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You are not alone. Many pharmaceutical companies rush their products to market in an effort to make a profit, and there may be inadequate research or trials to support their safe use. Many medications end up in the hands of people who believe they are safe. Unfortunately, in many cases a great deal of people have to be harmed by a medication before a pharmaceutical company can be held liable for damages.

Once adverse reactions to drugs have been observed in a large number of patients, the FDA will typically get involved. However, in many cases the potential side effects of prescription drugs are not clearly communicated to patients, because that will put the drugs on the FDA’s radar. After a drug is seen as having problems, the FDA may be slow to act. It often requires disclosure of complications, and then finally forces the drug to be taken off the market if problems persist. The reason that pharmaceutical companies frequently do not clearly warn of side effects is because patients may refuse to take medications that are linked with severe side effects, and doctors may be reluctant to prescribe medications with large numbers of side effects.

If you have been harmed by a prescription drug, you should speak with an attorney. Often, pursuing a case against a drug company requires more resources than other types of personal injury cases. If you see an advertisement about a medication and a class action lawsuit, you should speak with an attorney before you sign up. Every plaintiff has the right to pursue their own judgments, and you may not want to be lumped into a mass settlement.

If you have questions about your legal rights and a prescription medication, call Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call today to learn more or to schedule your free consultation.

I suffered a soft tissue injury in a car accident. Will I be able to recover damages for my injury?

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Soft tissue injuries are generally less serious than other types of injuries that can occur in a car accident, but still should be taken seriously. They can cause a great deal of pain, as well as time off work and medical expenses.

Soft tissue injuries normally involve the ligaments, tendons, and muscles in the body. Some common types of soft tissue injuries include strains, sprains, contusions, tendonitis, whiplash, and bursitis. Many people who have a soft tissue injury in an accident never seek medical attention and simply decide to live with the pain. However, soft tissue injuries can require medical treatment and lost wages. If not treated, they may become worse over time, and the injured person may be forced to pay the expenses if he or she did not initially make a claim for the injury.

Unfortunately, it’s very common for insurance companies to downplay the importance of a soft tissue injury. Because they can be difficult to diagnose in some cases, insurance adjusters may accuse the accident victim of faking the injury. They may ignore the realities of soft tissue injuries, which are they can be very painful and can require medical attention in order to maximize recovery.

If you have suffered from a soft tissue injury, do not ignore it and assume that there’s nothing you can do. Seek medical treatment and speak with an attorney. If you ignore it, it could be permanent and could worsen over time. If you’re in Los Angeles, call me, Conal Doyle, Los Angeles automobile accident attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.

My limb was amputated and I was not consulted. Can I sue my doctor?

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I’m so sorry to hear about your amputation. As an amputee, I understand the trauma that comes along with an amputation. I assume your amputation was done on an emergency basis, and that you were unconscious and were unable to make the decision about amputation.
In that situation, typically a family member must decide about the amputation. If no family members can be located quickly enough, healthcare providers must make the decision about amputation.

Normally, there are a couple of reasons an emergency amputation may be performed. The first is when a traumatic accident occurs. The limb could be lost at the scene of the accident, or may be so badly damaged that it must be removed in a hospital. The other common reason an emergency amputation may be done is if a severe infection has set in, and the individual is going into septic shock. Septic shock can quickly kill if not treated. In some cases, amputation may be the only appropriate treatment.

Emergency amputations are very rare. Normally, there is time for a patient to discuss the pros and cons of amputations and what other options may be available. The patient may be able to salvage the limb, but in some cases that may not be a good solution.
In most emergency amputations, the doctors struggle with the decision to amputate and may do everything possible to consult with family members and/or the patient. However, if a doctor truly believes that an amputation is the only way to save the patient’s life, it may occur without the amputee’s approval.

If you have undergone an amputation and you believe that it was not necessary, you may wish to consult with an attorney. An attorney can help advise you on your best course of action. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am not only a personal injury attorney, but I’m also an amputee, and I help other amputees with their legal issues. Call today to learn more or to schedule a free consultation on your case.

Had an accident and developed reflex sympathetic dystrophy.

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There are few conditions more painful that reflex sympathetic dystrophy (RSD). I am sorry to hear about your condition. RSD is a chronic pain condition that typically affects the arms or the legs. There are a number of symptoms of RSD, including burning or aching pain, sensitive skin, swelling and stiffness, and changes in the skin, such as changes in color, temperature, and texture.

RSD is frequently the result of a traumatic injury. The injury can be minor or could be very severe. The causes of RSD are not completely understood. Some experts believe that the trauma causes an irritation of nervous system tissues, which can cause nerve impulses.

In many cases, RSD begins with swelling, redness, changes in skin temperature, and hypersensitivity. Many patients become worse over time, and the symptoms may increase or worsen. The symptoms of RSD vary a lot based on the individual.

RSD can be hard to definitively diagnose, and there is no cure for RSD. Instead, medical providers normally try to treat the symptoms of the disease. In order for treatment to be most effective, the patient must start treatment soon after the trauma. If RSD is not treated immediately and is allowed to get worse, it can become irreversible.

Sadly, RSD victims are often accused of lying about RSD. Since RSD can be hard to diagnose, many defendants claim that it does not exist at all. Once the condition can be proven, the burden is still on the accident victim to prove what caused it. Although it can be difficult to pursue an RSD case, victims must take action if they have developed RSD because of another person’s actions.

If you have been injured and developed RSD, call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I can help. If your condition was caused by the negligence of another party, you may have legal options. Call today to learn more or to schedule a free consultation on your case.

Do I need to hire an attorney right away if I have been involved in an automobile accident?

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It depends on the circumstances. If you have been involved in a very minor accident with very minor or no bodily injuries and very little or no property damage, you may not need to hire an attorney at all. You may be able to recover directly from the insurance company for your damages. However, if your accident involves serious injuries or a lot of damage to your car, you should hire an attorney right away.

Unfortunately, some clients may wait months or even years to hire an attorney. They may try to pursue their cases on their own in order to save money on attorney’s fees. They may feel they will eventually get a fair settlement if they keep working with the insurance company directly.

There are some reasons you should hire an attorney right away if you have been involved in an accident. The sooner you pursue your case, the stronger it is likely to be. Evidence can go missing or become damaged, and witnesses’ memories of the accident fade over time.
Another reason to pursue your case right away is that you most likely need the money from the case to help with your medical expenses and time missed from work. If you do not hire an attorney, you may be very tempted to settle the case quickly for far less than it is worth in order to get help immediately. Insurance adjusters often use high-pressure tactics to force accident victims into settling. If you settle your case now, you cannot ask for more money later.

If you have been involved in an automobile accident in the Los Angeles area, and you are uncertain about whether to work with an attorney, call me, Conal Doyle, Los Angeles automobile accident attorney at 310-385-0567. My firm will provide you with a free consultation on your case. Call today to learn more.

I was in an accident in an Uber vehicle. What are my legal options?

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I’m sorry to hear about your accident. When you ride in a car that someone else is driving, you place your safety in their hands. Unfortunately, many rideshare programs, such as Uber, pay their drivers to complete the highest number of rides in the shortest period of time, which can lead to speeding and accidents.

It’s not always easy for rideshare companies to ensure that their drivers have the proper insurance and training necessary to drive passengers safely. Most rideshare companies hire independent contractors, which can allow the companies to avoid properly screening their drivers.

In addition, since rideshare companies’ drivers are independent contractors, that means that legally the companies are not liable for any damages for accidents. That can result in passengers who are seriously injured being left with pursuing a claim against the driver, who may only have very minimal insurance coverage to cover the accident.

In most cases, in order to recover compensation from an accident involving an Uber or Lyft requires the skills of an experienced personal injury attorney, who can prove damages and liability. Although rideshare accident cases are similar to other automobile accident cases, they are also different because the rideshare company is involved.

If you have been involved in an accident with a rideshare vehicle, it’s important to speak with an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles Uber accident attorney, at 310-385-0567. I can help. Call today to learn more or to schedule your free consultation.

My employer refused to let me take time off from work when I was ill, and then fired me. Can I sue the employer under California law?

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It depends. Your employer may have violated both federal and California law by refusing to let you take time off. The federal law that allows employers to take time off work is the Family and Medical Leave Act (FMLA) and the California law is the California Family Rights Act (CFRA).

Under both laws, eligible employees can take up to 12 weeks of paid or unpaid leave during a 12-month period. The reasons they can take time off include the birth or adoption or foster care placement of a child, if the employee is unable to return to work because of a serious health condition, or to care for an immediate family member with a serious health condition. An employee must have worked for the employer for at least 12 months, and must have worked 1,250 hours during the previous 12-month period. In addition, the employer must have a minimum of 50 employees to be subject to the laws.

Upon returning to work after FMLA or CFRA leave, the employee must be returned to the same position with the company, or an equivalent position with equivalent pay, benefits, and terms of employment. The employee must also retain benefits during the medical leave, although the employee can be required to pay for those benefits. The employee does not have to be paid for the time off work.

Unfortunately, many employers do not take their obligations to provide leave seriously. They may find an excuse to terminate an employee who they suspect may need time off before the time is needed. They may also refuse to allow the employee to take the necessary time off.

If you are in the Los Angeles area and your employer has refused to let you take the necessary time off work to care for yourself or a family member, or if your employer has fired you and you believe the firing was in connection with your leave from work, it’s time to talk to an attorney about your legal rights. Call me, Conal Doyle, Los Angeles employment law attorney, at 310-385-0567. My firm can help. Call today to learn more or to schedule a free consultation on your case.

FDA Reports Support Link between Drug Canagliflozin and Amputation Risk

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New information from the FDA has reinforced the belief that there is a link between the drug canagliflozin (commonly sold under name Invokana) and amputation. Recently, a study looked at reports of amputations that were associated with drugs similar to canagliflozin, and found that many of the people whose limbs were amputated had no discernible risk factors for amputation. Experts say this points to the drug’s unpredictable effects.

In May of this year, the FDA issued a warning to be placed on the label of canagliflozin, after the drug was shown to double the risk of lower-extremity amputation when compared with a placebo. The same risk was not seen in other drugs that are similar to canagliflozin. So far, the FDA has only issued the label warning for canafliglozin, not for other drugs.

Of the amputees who were taking canafliglozin, most were men, and had an average age of about 60. The average amputee took the drug for about a year and a half before the amputation. The most common level of amputation was the toe, but some had leg amputations, hand amputations, and even multiple amputations. Some died after the amputation.

This new information from the FDA confirms the risk to patients of taking the drug canafliglozin. If you have taken canafliglozin, commonly referred to as Invokana, and you have suffered an amputation, you should speak with an attorney. You may be able to hold the drug company liable for your damages.

Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I am an amputee as well as a personal injury attorney, so I understand the implications of an amputation. Call today to learn more or to schedule a free consultation on your case.

I had some nerve damage after I was bitten by a dog. Can I sue the dog’s owner?

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You may be able to sue the dog’s owner for your nerve damage. It depends on the situation, as well as whether the dog owner has sufficient assets to pay for your damages. You should consider speaking with an attorney about your injuries.

Dog bites can cause very serious nerve damage. There are a lot of dog owners that do not take the responsibilities of dog ownership very seriously. Owning a dog means taking the necessary precautions to protect others, particularly if the dog has ever shown a propensity to bite or attack. It is critical that dog owners in Los Angeles be very cautious when taking their dogs out in public, especially if the dog has ever given any signs that it could attack.

In many dog bite cases, the victims suffer only lacerations. Those lacerations can cause serious scars, and can also cause infections. Scars may need surgery to remove, and can cause emotional pain for the victim. Nerve damage may also be a consequence of a dog bite. Nerve damage can result in the victims losing sensation in some parts of their bodies. They can also be left with impaired movement. It’s possible to surgically repair the nerves, but the nerves may also be permanently damaged.

Dog attacks can be very serious and can cause massive damages, particularly to children. In some cases, the dog owners or another party can be held legally liable. Victims may be able to recover for their pain and suffering, lost wages, medical expenses, disfigurement, and more.
If you have been the victim of a serious dog bite in Los Angeles, 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.

My spinal surgeon has recommended intraoperative neuromonitoring during my spinal surgery. Why do I need that?

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Spinal surgery can be dangerous and unpredictable. Spinal surgery involves cutting areas near the spinal cord and the nerves. Intraoperative neuromonitoring allows the surgeon to know, in real time, if nerve tissue is being injured or may be injured.

In many spinal surgeries, spinal surgeons are placing hardware into the body, such as screws, rods, and plates. If the hardware is incorrectly placed, the spinal cord and nerve roots could be damaged. In years past, surgeons relied on imaging tools such as X-rays and CT scans to check to see if the hardware was correctly placed during surgery. However, those tools are not always completely accurate in showing damage to nerve tissue or improperly placed hardware.

Intraoperative neuromonitoring is more effective than X-rays or CT scans in sensing neurological damage during surgery. In addition, intraoperative neuromonitoring is quick, easy, and inexpensive. It also provides feedback to the surgeon in real time, and can help reduce damage to nerve tissue during surgery.

However, intraoperative neuromonitoring is a medical procedure, and with any medical procedure there is the risk of something going wrong. In the case of neuromonitoring, the risk is generally not that there will be serious complications from the monitoring, but instead that the monitoring will be done incorrectly, and that there will be complications from the surgical procedure.

If you have been harmed during surgery that was being monitored using intraoperative neuromonitoring, call me, Conal Doyle, intraoperative neuromonitoring attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.