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My child was hurt by an automobile while in a school zone. Can I sue for damages?
School zones exist to alert drivers of the presence of children near their schools. School zones have lower speed limits and are there to promote a safe environment for children. Unfortunately, some drivers choose to drive recklessly through school zones, and fail to take steps to keep children safe. It’s been estimated that roughly 30,000 children suffer injuries in school zones each year. Many drivers who drive through school zones are distracted by text messages or phone calls. Distracted driving is very dangerous, and some studies have shown that it is worse than drinking and driving. Drivers who drive through …
Can I sue for medical malpractice if I signed a consent form before my surgery?
It’s common for doctors to require that a consent form be signed before surgery or any other type of medical procedure. Typically, the form states that the patient has been informed of the risks of surgery, and the form may list some of those possible complications that could occur. Consent forms do not protect medical professionals from liability if they were negligent and caused harm. It is not possible for a patient to sign away all of their rights to sue a medical professional if the medical professional was negligent and caused harm. If you had a procedure and the …
I was involved in a charter bus accident. Can I sue the driver?
Charter buses are a common way to transport participants in group activities and organizations. The buses can be a fun way to travel, and enjoy the trip as well as the ultimate destination. In general, charter buses are a safe method of transportation. However, accidents involving charter buses do occur. When a passenger is injured in a charter bus accident, there may be several parties that could be held responsible for the injury. The charter bus company is in charge of maintaining the bus, hiring drivers, and meeting regulations. The bus driver may have been driving recklessly or may not …
What are the purposes of intraoperative neurophysiological monitoring?
Intraoperative neurophysiological monitoring involves using certain monitoring techniques to reduce the risk of iatrogenic damage to the nervous system during surgery. Specifically, there are three basic purposes of intraoperative neurophysiological monitoring (IONM): – To locate neural structures during surgery; – To test the function of neural structures during surgery; and – To detect any injuries to the nervous system during surgery, which allows the surgeon to take immediate corrective measures. Fortunately, there are few side effects to IONM itself. IONM involves attaching electrodes to the body, testing the nervous system, and monitoring the nervous system during surgery. Any possible side …
I am an amputee and my doctor has recommended osseointegration. Will my insurance company cover that?
Whether or not your insurance company will cover osseointegration is unclear, but it is possible it could be labeled an “experimental procedure” and coverage could be denied. Osseointegration is an implant that attaches to the bone in a residual limb, and goes through the skin. The implant takes the place of a socket, and it is intended to be used by the amputee for the remainder of his or her life. Most amputees with prostheses use sockets. However, there are a number of issues with a socket, including problems with skin breakdown, pain, and other issues. Osseointegration can help with …
I was harmed during LASIK eye surgery. Should I sue my doctor?
LASIK eye surgery has become extremely popular in the last couple of decades. It’s been estimated that over a million people a year in the U.S. undergo either LASIK surgery or another type of eye surgery. Unfortunately, many of those people experience a loss of vision because of medical malpractice. There are a number of types of errors that may occur during eye surgery. The patient may be a poor candidate for eye surgery, and the doctor may fail to recognize that in order to get more patients and make more money. The surgeon may be careless and may not …
Can I sue if I have been harmed by a defective ladder?
Yes, you may be able to sue if you have been harmed in a ladder accident that involves a defective ladder. However, most ladder accidents are not caused by defective ladders, but instead because the ladder was improperly used. In order to recover, you must be able to prove either that the ladder was defective, or that another party was responsible for your accident. Studies have shown that most ladder accidents occur in the home instead of at work. One big reason is that many ladder users do not know how to use it safely. Fortunately, most people who are …
My pharmacist made an error and I took the wrong medication. Can I sue for my damages in Los Angeles?
Pharmacists play an essential role in the health of their patients. They must keep track of all medications patients take in order to ensure there are no drug interactions, as well as properly filling doctors’ prescriptions. When pharmacists are negligent in their duties and a patient is harmed, the pharmacist can be held liable for injuries. It’s been estimated that there are roughly 1.5 million preventable drug events every year. Although some of these have no long term effects on patients, many do. Many of those are attributable to errors made by pharmacists. When a pharmacist fills a prescription with …
My arm was amputated after a boating accident. Can I sue the boat’s operator?
I’m sorry to hear about your amputated arm. In order to sue the boat’s operator, you must be able to prove that the injuries were caused by the boat operator’s negligence. By law, a boat’s driver must use reasonable care in driving a boat with passengers onboard. If the operator drives recklessly, uses alcohol while driving, or fails to take necessary precautions, and a person on the boat is harmed, that person can make a legal claim against the operator. If more than one boat is involved, it is possible that both boat operators could be held legally responsible. If …
I was rear-ended on a motorcycle. Should I sue the driver?
Motorcyclists can be highly susceptible to being rear-ended on their motorcycles. An automobile driver may not be paying attention and may fail to see the motorcycle because of its smaller size. Motorcycle riders face much larger dangers in becoming injured from rear-end motorcycle accidents. There are a number of reasons motorcycle accidents occur in California. In many rear-end accidents, the driver is not paying attention because of texting, talking on the phone or surfing the internet. The driver may be speeding and may fail to stop in time for a red light. Motorcycle drivers can take steps to help prevent …
I was injured as a maritime worker in California. What are my legal rights?
In 1920, Congress passed the Jones Act, which is also called the Merchant Marine Act of 1920. It was enacted in order to help merchant mariners and crew members who get hurt while working on water vessels. Under the Jones Act, owners of vessels are required to provide well-maintained and safe vessels for employees. The vessel must be maintained in a seaworthy manner, and must be in proper working order. Working in the water transportation industry is very dangerous, as is commercial fishing and working on oil rigs. In order to recover damages for injuries from the owner or operator …
I need to choose an assisted living facility for my parents. What should I look for, and what are my options if they receive poor care?
There are millions of older Americans living in assisted living facilities, and that number is on the rise. The benefits are that assisted living is frequently less expensive than nursing homes or home health care, and they offer patients more independence and privacy. Finding the appropriate facility for a loved one can be overwhelming. In most cases, the search should begin months or years before the facility is needed. If you are in an emergency situation and feel pressured or rushed, you are not likely to make the best decision. For each facility that you are visiting, you should tour …