Blog

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

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 …

Read More

Had an accident and developed reflex sympathetic dystrophy.

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 …

Read More

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

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 …

Read More

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

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’ …

Read More

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?

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 …

Read More

FDA Reports Support Link between Drug Canagliflozin and Amputation Risk

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 …

Read More

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

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 …

Read More

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

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 …

Read More

I recently was diagnosed with mesothelioma. I used to work for factories that contained asbestos. How do I make a claim?

I am so sorry to hear about your mesothelioma. Mesothelioma is a very rare but lethal type of cancer that is caused by exposure to asbestos. Asbestos is a product that was used in many building materials for decades. Asbestos was discovered to be dangerous when the fibers are inhaled, but manufacturers hid the dangers from the public for years, causing huge numbers of deaths that were otherwise preventable. Victims of mesothelioma often live for decades before the onset of the disease. Many victims develop mesothelioma long after they have left the environment where they were exposed to the substance. …

Read More

I suffered an eye injury in an accident and lost my vision. Can I sue?

If you have suffered an eye injury, you may have lost your vision either permanently or temporarily. The vision loss may be either partial or total. Losing vision can be a very scary experience, even if the vision loss is only a partial vision loss. Fortunately, there may be treatments available that can help. If you have suffered an accident that caused a vision loss, you may be able to sue the responsible party for your injuries. Many eye accidents occur at work – you may have had an accident involving machinery, construction equipment, or chemicals. In most cases, if …

Read More

My employer in Los Angeles fired me and refused to pay me my accumulated vacation pay. Can I sue for my unpaid wages?

Being fired can be very traumatic for an employee. In many cases, the job loss occurs with little or no warning, leaving the individual struggling to find a new source of income. There are often a number of issues to consider, such as finding a new job, finding health insurance, and receiving a good recommendation from your company. One issue you may not consider immediately is your vacation pay. Under federal law and California law, companies are not required to provide vacation pay. If the company does provide you with time off, it is not legally required to pay you …

Read More

I suffered a finger/toe amputation after a visit to a nail salon. What can I do legally?

I am so sorry to hear about your amputation. You are not alone. Amputations due to the negligence of nail salons is very rare, but it does happen. Recently, there have been a rash of beauty salons in Indiana that were fined and placed on probation after they used razor devices and scalpels to remove calluses from the feet of their customers. One of those customers developed an infection in his foot, which resulted in the amputation of his right big toe after receiving a pedicure at a salon. Under the laws of some states, salons are not allowed to …

Read More