September 2017 - Page 2 of 2

I had a back surgery turn out badly even though it was monitored with electrodes. Can I sue?

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I am so sorry to hear your back surgery did not go as well as expected. It sounds like you probably had intraoperative neurophysiological monitoring (IONM). IONM involves placing electrodes on your scalp, arms, legs, and other areas. The electrodes are connected to a computer, which records the events of the operation.

IONM allows the surgeon to know, in real time, whether there is any interference in the sensory nerves passing through the area of the operation and where the problem is. The IONM technician will monitor impulses that are being sent to the brain from the nerves, and inform the surgeon if there is any interference in the sensory nerves passing through the area of the operation, and where that problem is. The surgeon can also check how well motor nerves are functioning or if they are being injured during the operation. The surgeon does this by stimulating a nerve, and seeing if there is a reaction.

However, in some cases IONM does not go as planned. It can be difficult to later prove that there is a problem. Normally, your attorney must get both your chart and the monitoring data. The data will tell your attorney exactly when there was a problem, as well as what the surgeon was doing when the problem arose.

If you have been harmed during an operation that was monitored using IONM, call me, Conal Doyle. I have experience with cases involving IONM malpractice and can help with your case as well. Call today at 310-385-0567 to learn more or to schedule a free consultation on your case.

I had an accident and tore my meniscus. Can I sue for my pain and suffering in Los Angeles?

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Meniscus tears can be horribly painful. Knees have two menisci, one on the inside of the knee, and one on the outside of the knee. Menisci are layers of hard cartilage, and their job is to distribute weight evenly. When a meniscus is torn, there can be pain, swelling, and very limited movement.

Meniscus tears can be caused naturally as people age, or they can be caused by accidents. Some accidents that can commonly cause meniscus tears include car accidents, workplace accidents, and slip and fall accidents. A meniscus tear can happen when there is a forceful twisting of the knee, which causes the femur to grind against the tibia.

People who tear a meniscus may be able to avoid surgery. However, if the tear is a large one or is causing issues, surgery may be needed. There are a number of surgical options, depending on how torn the meniscus is. In the past, typically the whole meniscus was removed. Now, it may be repaired, or simply the damaged portion can be removed.

If you have suffered from a torn meniscus that was the result of someone else’s negligence, you may be entitled to compensation for your damages. You may have medical expenses, time off work, pain and suffering, and more. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call us today to schedule a free consultation on your case.

I lost a limb due to osteomyelitis. I have been reading about new treatments that may be available. Will my insurance company cover those?

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I’m sorry to hear about your amputation. Osteomyelitis is a rare but serious infection of the bone. A bone can become infected because of an infection in another part of the body spreading to the bone, or because of an open bone break or surgery that could expose the bone to infection. If treated quickly enough, it could be treated with antibiotics, but in serious cases an amputation is necessary.

Doctors are making remarkable progress in the fields of limb loss and prostheses. Recently in Australia, surgeons installed a 3D printed tibia into the leg of a man who lost his leg above the knee because of osteomyelitis. The tibia was wrapped in blood vessels and tissue from both of his legs. Doctors believe the surgery was a success and that the man will experience bone growth. It will take him at least 18 months to walk again.

Although this surgery was successful, this procedure was experimental. Typically, insurance companies will not cover any treatments that they deem to be experimental. However, this surgery paves the way for future bone implantation, and at some point the procedure can no longer be deemed as experimental, and insurance companies will be forced to pay for it.

If you are an amputee, it can be difficult to work with insurance companies to get the treatments you are owed under the terms of your policy. In some cases, the insurance companies may be following the rules, but in other situations the insurance company may be acting in bad faith. If you are an amputee and you believe that your insurance company is acting in bad faith, call me, Conal Doyle, Los Angeles amputation attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I was fired from my job in California for complaining to authorities about workplace conditions. Is that legal?

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As an employee, you have certain legal rights in the workplace. You have the right not to be harassed or discriminated against at work because of your age, race, sex, religion, national origin, disability, and other factors. You also have the right to a minimum wage and overtime pay if you work over a certain number of hours. You are entitled to be paid for all hours worked. You may be entitled to certain benefits of employment, like paid or unpaid vacation time or sick leave, or insurance benefits, depending on certain factors.

If you are ever denied those rights, you may decide to contact an attorney or file a complaint with a federal or state agency. You are entitled to take those legal actions by law. However, as you may imagine, employers normally are not happy when they are investigated by federal or state agencies, or when they are contacted by an employment law attorney.

In those situations, the employer may be tempted to retaliate. Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. The employee doesn’t have to be fired in order for retaliation to occur – the employee may have had his or her salary reduced, faced disciplinary action at work, had his or her job or shifts changed, etc. Legally, employers cannot retaliate if employees make complaints about working conditions, or if they agree to participate in workplace investigations.

It may not be easy to tell if an employer is retaliating against you. In order to determine whether or not retaliation has occurred, you must look at all of the surrounding circumstances of the situation. If the employer’s actions are having an effect on your employment, or if the employer’s actions would prevent a reasonable person in that situation from making a complaint, that could be considered illegal retaliation.

If you believe that you are the victim of workplace retaliation after making a complaint against your employer, you should first talk to your supervisor or an HR manager. There may be a legitimate reason why actions have been taken against you. If you are unable to get a good explanation, it may be time to speak to an employment law attorney. Call me, Conal Doyle, Los Angeles employment law attorney, at 310-385-0567. We can help. Call today to schedule your free consultation.

I’m a maritime worker and I was injured in an accident at work in California. What are my legal options?

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Injuries among boat crew members can be prevalent, so in 1920 Congress passed the Jones Act, which now covers people who work on ships or other types of vessels on the ocean, rivers, lakes, and other bodies of world. Under the Jones Act, owners of water vessels must provide well-maintained and safe vessels for employees. Boats must be free from defects and in good working order. According to the Bureau for Labor Statistics, the water transportation industry is one of the most dangerous industries in the country.

Although workers in other industries who are injured on the job are covered under workers’ compensation, injured maritime workers cannot recover workers’ compensation. Instead, they must pursue a claim or a lawsuit against their employer under the Jones Act. In order to recover under the Jones Act, a crew member must show that his or her injury was due to the fault of the employer.

Once liability has been shown, the injured maritime worker is entitled to temporary benefits called “maintenance” and “cure”. Maintenance is an amount of money paid to workers who cannot work because of their injuries. Cure is a payment for medical expenses including doctors, hospitals, therapies, and prescription medications. In addition, unlike what is available under workers’ compensation, injured maritime workers may be entitled to damages for lost wages, pain and suffering, and other benefits under the Jones Act.

If you have been injured in a maritime accident as a maritime employee in California, call me, Conal Doyle, California 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 suffered placental abruption during childbirth and my child was harmed. Can I sue the obstetrician?

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Placental abruption is a very serious complication of pregnancy. In a placental abruption, the placenta becomes separate from the wall of the uterus. Placental abruption can harm both the mother and the child, although it is possible to take steps to reduce the chance of harm to the mother and child.

If a placenta pulls away from the uterus wall before the delivery of the baby, the placental abruption can cause the mother’s body to begin hemorrhaging, which can result in excessive blood loss. The baby can face fetal distress and a lack of oxygen. This can lead to brain damage, cerebral palsy, stroke, and even death.

It is unclear what causes placental abruption. In some cases, it can be caused by a direct blow to the stomach. However, in other situations it may occur with no warning. Once an abruption has occurred, it cannot be reattached to the uterus. In most cases, abruptions are considered as medical emergencies and the mother is admitted to the hospital. Sometimes, the child must be delivered immediately, while in other cases the pregnancy may be allowed to continue.

Although placental abruptions are very serious, if they are recognized and treated quickly, many mothers and children can survive with few or no injuries. However, if they are not recognized or properly treated, the results can be disastrous for the mother and child.

Call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567 if you have suffered from a placental abruption, and if that abruption caused serious damages to you or your child. I will be happy to give you a free consultation on your case. Call today to learn more.

I have suffered a spinal cord injury in Los Angeles. Can I sue the person who caused my accident?

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I am so sorry to hear about your spinal cord accident. Damage to the spinal cord can result in a devastating injury. If you suffered damage to your spinal cord because of another party’s negligence, you need to speak to a personal injury attorney to help recover compensation for your injuries. It’s possible you may be faced with huge medical bills over your lifetime, and it’s much easier to pursue a legal case sooner rather than later.

You are not alone. There are tens of thousands of people in the U.S. with spinal cord injuries, and there are over 10,000 new cases every year. Unfortunately, less than one percent of spinal cord injury victims ever fully recover. The biggest factor in determining how successful your recover will be is where the damage to the spinal cord is. Generally, the closer the injury is to the brain, the more serious it is.

Many spinal cord injury victims have medical bills over their lifetime that can total millions of dollars. In addition to the financial toll, many of those individuals have an inability to work and may face very serious physical and emotional pain. Although money cannot take that pain away, it can help victims to get the medical care and therapy they may need, as well as any vocational training that could help put them back to work.

If you or a loved one has sustained a spinal cord in an automobile accident, because of medical malpractice, or due to another cause, you should speak with an attorney. If you are in the Los Angeles area, call me, Conal Doyle, southern California spinal cord injury attorney at 310-385-0567. My legal team can help. Call us today to learn more or to schedule a free consultation on your case.

What is electromyography? Is it dangerous to do during my surgery?

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Electromyography (EMG) is recording the electrical activity of muscles. EMG is a form of intraoperative neurophysiologic monitoring (IONM). EMG recordings are typically done to monitor nerves and the integrity of nerves, including cranial nerves.

Normally, EMG involves placing several needles into the muscles that will be examined. Almost any muscle can be monitored. The responses are recorded and also displayed on a screen. If there are any changes in muscle electrical activity, those changes can be seen and heard.

EMG is used in a number of surgical procedures. It is commonly used in any procedures in which the facial nerve is at risk or another cranial nerve is at risk. It can also be used in placing pedicle screws as part of spinal surgery, treating cerebral palsy surgically, and tethered spinal cord release.

The purpose of EMG is to help guide the surgeon in real time, in order to let him or her know if there are any changes in the muscles and nerves, which can help indicate a problem. EMG during surgery has become increasingly popular over the last couple of decades. In most cases, there are few drawbacks but can be big rewards.

As with any medical procedure, EMG does not always function exactly as intended. In fact, there have been some court cases in which a patient who was harmed during a surgery that was being monitored by IONM. Patients who are harmed during surgery that is monitored by IONM may be able to recover compensation, if they can prove that their harm was caused by medical malpractice.

Call me, Conal Doyle, IONM attorney, if you have been harmed during a surgery that was being monitored by intraoperative monitoring. You may be able to recover compensation for your damages. Call today at 310-385-0567. We can help.

How should I take care of my wounds after my amputation surgery?

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If you have suffered an amputation, you should speak with your doctor. Your doctor can help advise you on the best way to care for your wounds in order to fully heal. Until your wound heals, normally you cannot be fitted for a prosthesis.

Typically, there are multiple phases of caring for your wound. Immediately after your surgery, you will have dressings and there may be drainage, with a drainage tube inserted to remove fluids and aid in repairing tissue. In that phase, you must be very careful of infection. Wash your hands frequently and do not allow anyone to come into contact with you without wearing gloves and/or washing hands. Be very cautious when moving so dressings stay intact. It’s important to eat well and to keep your medical team members advised of your progress.

Once the wound has closed, there are normally sutures put into place, which can be removed two or three weeks later. There are also normally compression dressings applied to reduce swelling to begin shaping your residual limb. They usually changed several times a day. You should follow all instructions offered by your medical team about how to care for those dressings. You may also wear an elastic shrinker sock, which can help reduce swelling. It may be used alone or with elastic bandages.

Once your residual limb has healed and swelling has reduced, it is most likely time to talk to your prostheist about your artificial limb. During the initial period after an amputation, the new amputee’s emotions are typically all over the place, and it can be difficult to make any decisions. However, if your amputation was a result of another party’s negligence, you should consider talking to an attorney as soon as possible. Your case will not improve as time goes by, and in fact can become a great deal more difficult.

Call me, Conal Doyle, Amputee Lawyer, at 310-385-0567 if you have suffered an amputation and you are having legal issues as a result. My team can help. I am not only a personal injury attorney, but I’m also an amputee. Call today to learn more about your options.

My boss is not paying me minimum wage in Los Angeles. What can I do?

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One of the biggest complaints of employees is that they are not sufficiently paid. Under federal and state laws, employers must pay their employees a minimum wage. Many cities have minimum wages as well.

The federal minimum wage in the U.S. is $7.25 per hour. In Los Angeles, however, the minimum wage is higher. On July 1, the minimum wage increased to $12 an hour for larger employers. Smaller companies will also have to pay $12 an hour, but not until January. The state of California’s minimum wage is heading up, but more gradually. Currently, it’s $10.50 per hour.

Employees cannot agree to work for less than minimum wage, although there are exceptions for salespeople, family members, apprentices, “learners” who have no experience, and employees who are mentally or physically disabled.
Unfortunately, many employers simply ignore minimum wage laws. Those employers may pay their employees cash, and often do not withhold any taxes or offer any benefits. Employees in those jobs are normally blue-collar employees, and may not speak English well or be in the country legally. They may choose to keep quiet in order to keep their jobs.

If an employer fails to pay minimum wage to an employee, the employee can file a lawsuit in court against the employer, or can file a wage claim with the state. In addition, there are laws against retaliation, so if your employer chose to fire you for speaking up, you can seek additional damages as well.

If you have not been paid minimum wage in Los Angeles, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. I can help. Call me today to learn more or to schedule a free consultation on your case.