October 2017 - Page 2 of 3

I believe I may have had some nerve damage during surgery. Can I sue my surgeon?

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You may be able to sue your surgeon if you believe your surgery caused damage to your nerves. Unfortunately, often if nerves or the nervous system are damaged, that damage is permanent. During surgery, doctors must be very cautious so that they do not cut the nerves running through the surgical site.

Nerves are critical to the function of the body. The nervous system allows the brain to control all areas of the body. It also allows the brain to know what is happening inside the body and outside the body. The nerves carry signals to the brain to communicate information such as pain, temperature, balance, and more.

Doctors are usually careful to avoid nerves while operating. Surgeons are only human though and they can make cuts in the wrong places. They may damage nerves by cutting them, or they may pinch nerves during surgery. In some cases, a surgical device may be defective. The anesthesiologist may be to blame. Some nerve damage during surgery occurs while administering anesthesia.

Nerves are extremely critical to the operation of the body. If they are damaged, a patient’s life may be negatively impacted. The patient may lose feeling in portions of the body. The patient may become hypersensitive to tingles, pains, and touches. The patient may lose balance and coordination, and could lose feeling in some limbs.

You should speak with an attorney if you have suffered nerve damage during a Los Angeles operation. Medical malpractice may not have occurred. An attorney can help examine your medical records to determine if you have a good case against your health care provider. Call me, Conal Doyle, Los Angeles medical malpractice attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule your consultation.

If I have been injured in an accident in Los Angeles, what types of damages can I receive?

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After a serious accident involving injuries, most accident victims are concerned about paying for their expenses after the accident. Accident victims are also often concerned about whether or not they will have to pay those expenses out of their own pockets. They may have been forced to take time off work without pay, and could also be in physical pain, which can cause additional expenses.

Damages in a personal injury lawsuit are intended to compensate the accident victim. They are designed to make the accident victim whole again, and in some cases may exist to punish the person who caused the accident. There are several types of damages available in personal injury lawsuit. Some types of damages include:

Medical expenses. Medical expenses are the most common type of damages in a personal injury case. Accident victims can be awarded damages for medical expenses related to the accident, as well as future physical therapy and rehab expenses, and future medical expenses.
Lost wages. If you were forced to miss work because of the accident, you can receive compensation for your lost wages.
Property damage. If your vehicle was damaged in the accident, you can recover compensation for those damages. The standard compensation is the difference in what the vehicle was worth before the accident and after the accident. If the vehicle is destroyed, you can receive the fair market value for the vehicle, which in some cases may be less than is owed on it.
Loss of earning capacity. If you have a permanent injury, you can seek damages for the loss of future earnings. In order to be able to receive lost future earnings, you must be able to show the amount of wages you could have earned without the injury.
Wrongful death. If an individual is killed in an accident, family members of the deceased can seek damages for wrongful death.
Punitive damages. Punitive damages exist to punish the defendant for his or her wrongdoing, not to compensate the victim. Punitive damages are only available in some cases.

If you have been injured in an accident in the Los Angeles area, 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 child’s surgeon has recommended that she have intraoperative neurophysiological monitoring done during her upcoming surgery. What could go wrong?

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Intraoperative neurophysiological monitoring (IONM) is a general term that is used to describe testing and monitoring the nervous system, which includes the brain, spinal cord, and nerves, during surgery. IONM can help the medical team know during surgery how the nervous system is working, which can make the surgery safer. It can help lower the risk of complications, such as loss of feeling or movement.

IONM is normally done by specially trained technicians, who stay with the patient during surgery. The technician monitor readings, and will notify the surgeon if anything is amiss. IONM can also help the surgeon locate specific nerves, or can let the surgeon know if hardware placed during surgery is affecting the nervous system.
Normally, the risk of complications of IONM are small. The IONM electrodes could cause infection or small burns. Pain can also be present at the electrode sites. Some more serious but rare complications include damage to a medical device, injury resulting from movement caused by nerve stimulation, heart arrhythmias, or the IONM being performed incorrectly. As a parent, it is your choice whether or not IONM is done during your child’s surgery. You should speak with your child’s surgeon about the benefits, risks, and alternatives of IONM.

If your child has already had surgery with IONM and has been harmed, you should speak with an attorney who has some experience in handling IONM malpractice cases. Call me, Conal Doyle IONM malpractice attorney, at 310-385-0567. We can help. Call today to learn more or to schedule a free consultation.

I believe I was fired for being pregnant in Los Angeles. Can I sue my employer?

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Yes, you may be able to sue if you were fired for being pregnant. Under both state and federal law, pregnant women are protected from discrimination in the workplace, as well as harassment. An employer cannot harass a female employee because she is pregnant.

An employer also may not refuse to hire, demote, fire, or fail to accommodate a female employee because she is pregnant. Some examples of discrimination include refusing to hire women of a certain age for fear they may become pregnant, firing a woman who is pregnant, or refusing to allow women time off work for doctor’s appointments.

In addition, federal and state laws also require employers to offer women maternity leave. Generally, the maternity leave can be unpaid, although workers may choose to use unpaid sick leave and paid time off during maternity leave. Most employers are required to allow women to have 12 weeks of leave following the birth of a child or the placement of a foster child. During that time, employers also have to continue any employment benefits, such as health insurance, although employees must pay the premiums. After maternity leave is over, the employer must restore the employee to the original job or to an equivalent job.

If you have been discriminated against or harassed in Los Angeles at work because of your pregnancy, you should speak with an attorney. Time limits do apply in which to make a claim. Call me, Conal Doyle, 310-385-0567. Call today to learn more or to schedule a free consultation on your case.

I recently had an amputation and am uncertain how to care for my skin. What should I do?

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I’m sorry to hear about your amputation. As an amputee as well as a personal injury attorney, I know that skin care is essential for good health as well as mobility. Prosthetic sockets can trap sweat, and prevent air from circulating around the residual limb, which can lead to infections. If left untreated, infections can cause irritation and eventually skin breakdown, which can prevent you from using the prosthesis for a period of time.

However, there are steps you can take to avoid a problem with the prosthesis. Firsts, keep the limb clean and dry. It should be thoroughly dried before wearing the prosthesis or else fungus could begin growing. Everything that comes into contact with your skin should be washed and rinsed well, such as liners, socks, and sockets. If the limb is too sweaty, you may wish to use antiperspirant. Finally, you should not shave the limb or expose it to the sun without sunscreen.

If you take steps to prevent skin breakdown and blisters, they are much less likely to occur. You still need to check for them. Ask your doctor about the best way to treat blisters and skin breakdown. You may also get skin rashes. Some amputees prefer to use diaper rash cream or a light dusting of powder (although you should ask your doctor before using the powder. If your skin does have a breakdown, talk to your doctor right away.

As a new amputee, it is likely that you have a great deal on your mind related to the amputation. If your amputation was caused by another party’s wrongful actions, such as an automobile accident, you should speak with an attorney. You may have legal rights to pursue. If you wait too long, you may lose some of those rights.

Call me, Conal Doyle, Amputation Attorney, at 310-385-0567 if you have any legal questions related to your amputation. I am not only a personal injury attorney, I am also an amputee. Call today to learn more.

Can I receive punitive damages in a car accident case involving reckless driving in Los Angeles?

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Yes, you may be able to receive punitive damages in a Los Angeles automobile accident case. Typically, accident victims can recover compensation for medical expenses, damage to the vehicle, pain and suffering, and other damages. In some circumstances, the plaintiff may also be entitled to punitive damages.

There are typically two types of damages in a personal injury lawsuit: compensatory and punitive. There are also two types of compensatory damages, economic and non-economic. Economic damages cover actual expenses suffered by the accident victim, including medical bills, property damage, and lost wages. Non-economic damages are more subjective, and can include pain and suffering and emotional distress. Punitive damages are not to compensate the accident victim. Instead, they are designed to punish the person responsible for the accident.

Punitive damages are not awarded in most automobile accident cases. Under special circumstances, however, an accident victim can be awarded punitive damages. If the person responsible for the accident behaved in a willfully reckless manner, punitive damages may be awarded. Standard behavior like normal speeding or running a red light would be considered simple negligence and would not rise to the level necessitating punitive damages. However, if a driver was driving while intoxicated or was driving 100 miles an hour in a school zone and hurt someone, that behavior could rise to the level that would justify punitive damages.

If you have been involved in an automobile accident in Los Angeles and you believe that you should be entitled to punitive damages, you need to 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 your free consultation.

I was hurt in a car accident in a construction zone in Los Angeles. Can I sue the driver who hit me?

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I’m very sorry to hear about your accident in a Los Angeles construction zone. In LA, road construction is a constant. Heavy traffic in the area, as well as weather conditions, mean that ongoing roadwork is necessary in order to keep the roads in good condition and safe for drivers. Since construction is a constant, drivers may become accustomed to seeing orange cones and road workers, and may no longer be on alert for them. Drivers must be aware that accidents in construction zones can pose a serious driver to both drivers as well as construction workers.
Accidents in construction zones in LA often involve multiple vehicles and very serious injuries. The two most common reasons that construction zone accidents occur are driver inattention and speeding. There are reduced speed limits in construction zones, and if drivers fail to abide by those, or are distracted and do not notice that the flow of traffic has changed, serious accidents may result.
According to experts, drivers in construction zones should carefully watch the traffic around them and be prepared to take action. Even if certain road projects are continuous, drivers should be alert and not become complacent. Traffic patterns can change on a daily basis. The sides of the roads where workers and equipment are located should be avoided. Even if workers are not seen, drivers should assume that workers are present.
If you have been injured in an accident in a road construction zone in Los Angeles, call me, Conal Doyle, at 310-385-0567. My team can help. Call today to learn more or to schedule a consultation on your case.

I took Onglyza, a prescription drug, and had heart problems later. I heard it was later found to be defective. Can I sue?

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You may be able to sue the drug manufacturer if you had side effects that were a result of the drug. Unfortunately, many drugs are quickly put onto the market even though the drugs may not have been properly evaluated or the risks and potential side effects assessed. Many experts believe that Onglyza is one drug that was rushed onto the market improperly before the manufacturers were aware of the risks.

Onglyza is a medication that is prescribed for the treatment of type 2 diabetes. It helps to lower blood sugar by prompting the pancreas to release insulin. It also limits the production of glucose by the liver. Onglyza quickly became popular because it, unlike other diabetes medications, does not cause weight gain. Studies have found a possible link between the use of Onglyza, heart failure, and pancreatic cancer.

In 2014 the FDA issued a safety alert for Onglyza and began an investigation to determine if the drug had serious side effects, or was linked to life-threatening conditions. The FDA found that there was a link between Onglyza and heart problems and pancreatic cancer.

If you have taken Onglyza and experienced serious side effects, such as pancreatic problems or heart problems, you should speak with an attorney. If you have been injured by a defective product, you have the right to hold the drug manufacturer liable for your injuries.

Call me, Conal Doyle, Los Angeles product liability attorney, at 310-385-0567. I can help you make a claim against the drug manufacturer. Call today to learn more or to schedule a free consultation on your case.

Family member is diabetic and had an amputation in prison due to poor medical care

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It depends on the circumstances, but your family member may be able to sue the prison. Recently, a diabetic inmate in Georgia won $550,000 after his leg was amputated. The man slipped and fell, opening up a cut above his ankle. As a diabetic, he was prone to infection, but the wound was allowed to become toxic and he ultimately needed an amputation.

Although inmates do forfeit many of their legal rights when they enter prison, they are still entitled to receive the same medical treatment as other patients if they become ill or suffer an injury. Simply because a person is incarcerated does not mean they can be denied proper medical treatment or provided with substandard treatment.

If a prisoner does not receive the proper medical care, there are several possible causes of action available to the prisoner, including medical malpractice claims as well as constitutional violations. Prisoners may bring medical malpractice claims in state court against the prison facility and/or the doctor or other medical provider. Normally, these cases require the testimony of expert witnesses who can review the medical care, and determine if it was proper.

Medical malpractice cases against prisons and prison doctors can be challenging, but many are successful. Call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567 if your loved one has been seriously injured by poor medical treatment by a prison. Call today to learn more or to schedule a free consultation on your case.

Los Angeles Public Transit Accident Attorneys

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Residents of Los Angeles rely on all forms of public transportation and alternatives to driving their own vehicles on LA’s crowded streets. Every day, thousands of people in the city ride buses and trains, or take taxis or other forms of public transportation to get to and from work, school, or other destinations.

Public transportation providers and their employees have a duty to ensure passenger safety. Passenger safety includes providing proper maintenance for vehicles, operating vehicles safely, and protecting the safety of passengers waiting and train stations or bus stops.

The potential for serious injuries while riding public transportation can be high, since many taxis, buses, and trains do not require their passengers to wear seat belts. Some types of accidents that can occur while riding on public transportation which could lead to a lawsuit include bus, train, taxi, or charter bus accidents with other vehicles; slip and fall injuries at bus stops or train stations; accidents caused by poor maintenance of the public vehicles; assaults on a train, bus, or taxi, or while at a train station or bus stop; and train derailments.

If you have been involved in an accident involving public transportation, you should speak with an experienced personal injury attorney. An attorney can help secure all evidence, including surveillance video, eyewitness accounts, accident reports, maintenance logs, and more. Transit companies typically are quick to take action to investigate and defend themselves against claims, so it’s important that you hire an attorney who can aggressively pursue your case. Call me, Conal Doyle, Los Angeles public transportation attorney, at 310-385-0567 to learn more about how to protect your legal rights if you have been involved in an accident involving public transportation.