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

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 …

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

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 …

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

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, …

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How can I prove negligence in a personal injury case?

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. …

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My loved one broke a bone at a nursing home. Should I sue the home?

Broken bones are a big risk for the elderly. Older people offer suffer from bone loss and osteoporosis, which can make bones more at risk of a break. Broken bones can happen in a fall, or can sometimes occur without trauma, when the bones become weak and brittle. In some cases, broken bones can happen as a result of repetitive motion or overuse. If your loved one broke a bone in a nursing home, it’s important that the nursing home develop a plan to treat the broken bone. Normally, the bone has to heal, and therapy may be necessary in …

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My x-ray / ultrasound / image scan was not correctly read, and I had medical issues as a result. Can I sue the doctor?

Medical science has advanced tremendously in the area of diagnostic testing in recent years. Only a few decades ago, advanced tests did not exist that could allow doctors to see inside the human body. Today, x-rays, ultrasounds, image scans, MRIs, and other tests have allowed doctors to detect and diagnose conditions much earlier than in the past. However, those tests are only as effective as the doctors and other medical professionals who are interpreting the results. Diagnostic tests can help diagnose cancer, allow doctors to monitor pregnancy, diagnose traumatic brain injuries, and more, but only if they are properly performed. …

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I am pregnant and am having surgery. My doctor has recommended intraoperative neurophysiological monitoring during the surgery. Will it endanger the pregnancy?

I am not a doctor. If you have questions about your surgery, and how it will affect your pregnancy, you should speak with your surgeon and your obstetrician about your concerns. Intraoperative neurophysiological monitoring (IONM) involves hooking electrodes to the body which monitor how the body responds during surgery. Normally, IONM is performed during delicate surgeries involving the brain, spinal cord, and nervous system. IONM can help prevent any damage from occurring to the body before it happens. There have been no long-term studies on the effects of intraoperative neurophysiological monitoring on pregnancy. However, there have been reports of doctors …

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I am an amputee and my insurance company refuses to pay for a C-leg. Can I sue the insurance company?

As an amputee as well as a personal injury attorney, I understand how frustrating dealing with insurance companies can be. Unfortunately, many insurance companies are very happy to collect customers’ premiums, but when the time comes to pay claims, they may refuse to pay. The biggest reasons insurance companies use when denying claims is that the medical claims are not medically necessary or are experimental, both of which are typically excluded under insurance policies. A C-leg refers to a type of prosthetic leg that has a microprocessor knee. The C-leg is manufactured by Ottobock, and is more expensive than other …

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Injured by a hot water heater that exploded. Can I sue the manufacturer or landlord?

Hot water heater explosions are unusual, but do occur from time to time. Hot water heater explosions can have a number of causes. Typically, they are caused by a defective hot water heater, the hot water heater being improperly installed, or a failure to maintain the hot water heater. One reason hot water heaters can be so dangerous is they are designed to hold a large amount of hot water under pressure. When a system fails, it can explode and send not only scalding hot water flying, but also metal, which can harm anyone around the hot water heater. Hot …

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My doctor advised that I should have intraoperative neurophysiological monitoring performed during my surgery. I have a pacemaker. Is that an issue?

I am not a doctor, and if you have any concerns about any upcoming medical procedure, you should consult with your doctor. This is particularly true since you have specific concerns about your pacemaker and the procedure that will be performed. Although I am not a doctor, I am a personal injury attorney who has experience in medical malpractice cases involving intraoperative neurophysiological monitoring (IONM). I have helped clients who have been harmed when IONM goes wrong during surgery. Studies have shown that pacemakers and defibrillators are not at risk for malfunctioning during IONM. However, there is always a concern …

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How long can I expect my personal injury case to last? How much money can I expect to receive?

As you can probably imagine, every single case involving a personal injury is different. Some very legitimate claims may result in very small payouts or no payout at all. In other situations, claims that are questionable at best may receive a large settlement or verdict. Some personal injury cases are settled in a matter of weeks, while others can drag on for years. That being said, we can look at some national averages, which can help to give you some idea of what you are likely to expect. However, your case may be very different from the average case. In …

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I went into septic shock and suffered an amputation as a result. Can I sue my doctor?

I’m sorry to hear about your amputation. As an amputee, I understand the physical and emotional struggles that accompany an amputation. Septic shock is a complication of sepsis. Sepsis can occur as the result of an infection, and is extremely dangerous and life threatening. There are three stages of sepsis. The first is sepsis, when the infection reaches the blood stream, and causes inflammation in the body. The second is severe sepsis, which occurs when the infection is serious enough to affect the functioning of your organs. Septic shock occurs when you experience a significant drop in blood pressure, which …

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