Personal Injury Lawyer Blog

A Brain Injury Lawyer Is an Expert in Head Injuries

September 4, 2012 | by Moseley Collins

You may need to hire a brain injury attorney if you are someone close to you gets a severe brain injury. Many different things can lead to these injuries. For example, these injuries can take place due to the negligence during a serious medical procedure. The brain injury can also occur as a result of a motorcycle accident. When someone obtains a brain injury, they may not be able to lead a normal life again. At times, this problem is not severe, but in some cases the problem can get worse.

The patient can lose his/her memory, or the ability to speak and function, and the ability to carry on a job. This is something that affects the patient as well as their family. The patient needs proper care for the rest of their life. Unfortunately, in most cases, it is not possible to avoid these consequences. Therefore, a person needs to hire a brain injury attorney.

The brain injury lawyer understands the severity of these traumatic situations. The lawyer carries out investigation into the accident and seeks evidence of wrongdoing. If the brain injury happens due to a medical procedure, the lawyer will try their best to figure out why. If he succeeds in proving that the injury happened due to negligence, the patient can receive a considerable amount of compensation from the case. In such cases, the most important factor is to prove that the other party is guilty. At times, it is easier to prove but sometimes it can be hard. The lawyer should have solid proof that it is the fault of the defendant.

How To Find A Suitable Car Accident Attorney

September 4, 2012 | by Moseley Collins

The field of law is complicated. It has innumerable branches and every branch has many sub-branches. It is not possible for one lawyer to specialize in all of these branches, so they choose one or two to specialize in. In the same way, a branch of law is associated with car accidents and an attorney or lawyer who handles cases related to this field is known as a car accident attorney.

As the name suggests, the role of a car accident attorney is to deal with cases involving car accidents. In car accidents, a person may or may not get injured but the vehicle surely receives some severe dents. Are you involved in a car accident? If so, then you might consider hiring a car accident attorney in order to handle your case. This will give you many benefits, for example, a competent attorney will make certain their insurance company will pay for the damage to your vehicle or physical or emotional damage you experienced in the car accident.

Car accidents are very common, so you may need to hire a car accident attorney at any time. Therefore, in this article, we have given some simple but useful tips about how you can find a competent car accident lawyer.

Birth Injury Lawsuit Arises After Doctor Fails To Monitor, Part 2 of 2

August 10, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

The wife denied that the OB-GYN informed her of the need for periodic monitoring of her cervix during her first office visit with him in March 2007.

The plaintiffs claimed that during the May 3 hospital visit, an OB-GYN nurse had several discussions with the doctor via phone, and he did not order an ultrasound at that time. The plaintiffs denied that during the scheduled visit with the doctor on May 11, he told the wife that she needed an immediate ultrasound to evaluate her cervix.

The plaintiffs contended that the doctor fell below the accepted standards of care in not implementing his plan to monitor the wife’s cervix by way of ultrasound every two weeks. If he had done so, they argued, he would have appreciated that the wife’s cervix was incompetent as of May 1 and would have then been able to implement strategies ranging from strict bed rest to cerclage, which likely would have allowed the wife to deliver at some point after 28 weeks gestation, and as such, the ROP could have been avoided.

The OB-GYN testified that he informed the wife that she should schedule the ultrasounds every two weeks directly with a local imaging center during her first office visit in March 2007.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

San Diego Boating Accident Causes Two Teens Severe Injuries, Part 2 of 2

August 10, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of an injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this boating accident lawsuit and its proceedings.)

According to defendant, Jasmine Birmingham admitted on the record that she and her friends did not pay attention to the instructions given to them by the rental staff on proper operation of the boat and deployment of the inner tube.

ABC claimed that Jasmine turned control of the boat over to Kendra Davin, another member of their group, who had no prior baoting experience, and that Jasmine did this without ascertaining whether Davin knew how to operate the boat.

ABC further argued that Davin negligently failed to pull the boat’s “kill switch,” which would have cut power to the motor, in the 13 seconds between the boat’s malfunction and the impact.

Defendant claimed that Jasmine was on the phone with her mother during the rental process, and that her mother approved the girls’ rental of the boat and the use of her credit card to rent it.

Following the accident, emergency personnel rescued the girls from the water. Jasmine was taken by ambulance to University of California San Diego Medical Center, where she spent six days being treated. The procedures performed were neck exploration and repair, irrigation and closure of shoulder wound, and repair of the lacerations to her head, neck and hand.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Plaintiff Claims Kaiser Hospital Delayed in Diagnosis of Knee Infection, Part 2 of 2

August 10, 2012 | by Moseley Collins

The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Several days later Oliver returned to her surgeon, who noted that Oliver had a fever for several days.

On Aug. 31, Oliver visited the Kaiser facility again and the staff performed a tap on her knee and completed a culture. She was diagnosed with a gram-negative infection.

Oliver sued Kaiser, alleging that the hospital delayed in diagnosing her knee infection.

Plaintiff’s counsel argued that during the Aug. 10 visit the Kaiser emergency room physician should have tapped the knee and then performed a washout in addition to placing Oliver on antibiotics. None of this was done, counsel contended. Counsel claimed that Oliver’s elevated blood sugar level, temperature and white blood cell count was indicative of an infection.

Defense counsel stated that Oliver’s temperature was normal when Oliver returned to her surgeon several days later.

Defense counsel contended that Oliver did not have a temperature while in the emergency room and the staff could not duplicate the fever she had at home. Counsel claimed that Oliver’s lab results were only slightly elevated and indicative of a post-operative response to pain, and that the minimal effusion was normal post-operative swelling.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Motorcycle Accident Results From Truck Driver’s Negligence, Part 2 of 2

August 10, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a personal injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

Both plaintiff’s and the defendants’ vocational rehabilitation experts agreed that Tailman’s earning capacity after the incident was approximately $37,000 per year. As a result of a 2005 incident, Tailman did not have a consistent unimpaired earnings history. In addition, in 2003, Tailman had a medical complication, which left him unable to work in 2003 and caused him to file for bankruptcy. In the 2003 filing, Tailman identified that he earned approximately $35,000 per year in 2001, 2002 and less in 2003. The only unimpaired earning year he had in the five years prior to the incident was 2004. In that year, Tailman contended that he earned $214,000. Also, in early 2008, his clients submitted signed declarations confirming that Tailman was going to train them for an indefinite period of time, multiple times a week, at $200 an hour. Tailman contended that he had returned to his 2004 earning capacity immediately before the incident. Plaintiff’s economist determined the present value of Tailman’s past and future loss of earnings to be around $2 million.

Defense counsel contended that Tailman’s injuries were preexisting from a 2005 motorcycle accident where he sustained injuries to his right rotator cuff. Counsel argued that most, if not all, of Tailman’s symptomatology was a result of the prior incident.

Tailman contended that he fully recovered from the 2005 incident, which is evidenced by his winning a level 5.5 tennis tournament at the end of 2007.

The defense orthopedist conducted a nearly two-hour medical examination and reviewed all of Tailman’s available medical records and films. Based upon MRI studies taken after the 2008 incident, the orthopedist concluded that Tailman’s rotator cuff tears were present prior to the incident. He further opined that Tailman repeatedly exaggerated and misrepresented his medical conditions in the past and, therefore, cannot be believed now. The expert also opined that all of Tailman’s limitations in range of motion existed before the 2008 incident.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Sacramento Doctor Negligently Performs Surgery Causing Brain Damage in Boy, Part 2 of 2

August 10, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

They further claimed that this condition required the procedure to be performed slowly and methodically, using a sternal saw halfway through the sternum and then using manual tools such as electro-cautery, heavy scissors or surgical chisel. They also argued that the plaintiff’s groin should have been pre-surgically prepared for an emergency bypass in case of emergency. They claimed that the defendant failed to do these things, which they asserted would have prevented the laceration from occurring, or at least lessened the degree of injury and prevented severe brain injury from occurring.

The plaintiff cardiac expert opined that the surgeon moved too quickly, and not carefully, awing into the aorta approximately 10 minutes into surgery, which he opined was about half the time it would take to have performed carefully.

The surgeon testified that while he had no specific recollection of any portion of the surgery, he had performed the procedure carefully and had never before in his career entered a patient’s aorta.

The defense surgery expert testified that entering the aorta is a known complication of the procedure and can happen despite incompliance with the standard of care.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Minor suffers burst appendix as a result of physicians’ failure to diagnose in San Jose Medical Malpractice Case

August 4, 2012 | by Moseley Collins

It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the San Jose area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)

FACTS/CONTENTIONS

According to court records: Plaintiff minor was examined, diagnosed, and treated between October 14 and October 22, 2004, by personnel of “Clinic”, in San Jose, California. Plaintiff minor, through her guardian ad litem, claimed that she was brought into the Clinic, a federally supported health center, with clear signs and symptoms of appendicitis. Instead, the Clinic treated her for cystitis. Plaintiff claimed that, despite returning several times, a correct diagnosis was never made.

Plaintiff said that eventually her appendix ruptured, resulting in the formation of pelvic abscesses and scar tissue. Due to the advanced stage of her condition at the time of diagnosis at San Jose HOSPITAL, she was initially treated non-surgically with antibiotics. Plaintiff developed multiple complications, including persistent abscess, pelvic scarring, Gentamicin toxicity, renal failure,hypertension, and permanent hearing loss.

Defendant filed a third-party complaint against HOSPITAL for indemnity, comparative indemnity, and contribution. Defendant argued that when plaintiff was taken to HOSPTIAL, she was seen by an emergency room physician. Radiology tests were performed which showed evidence of free fluid in plaintiff’s abdomen, caused by a perforated appendix. The diagnosis was confirmed by third-party defendant “D”, a pediatric surgeon. Third-party defendant “D” administered three antibiotics, including Gentamicin. During plaintiff’s stay, she was seen by third-party defendant “D”, third-party defendant “H” and two nurse practitioners.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Doctor Never Informed Plaintiffs of Need to Monitor Cervix in Birth Injury Lawsuit, Part 1 of 2

August 3, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)

INJURIES: Twin A died shortly after birth.

Facts:

The plaintiff wife, an architect in her early 30s, became pregnant with twins by way of in vitro fertilization, with the first trimester managed by a reproductive endocrinologist. Early in the second trimester, she transferred her care to a board-certified OB/GYN.

During the first office visit in March 2007, the doctor sought and received authorization from the wife’s medical group for cervical ultrasounds every two weeks to monitor cervical competency.

On March 23, the wife underwent an ultrasound, and her cervix was found to be unremarkable. She then underwent an additional ultrasound on April 9, since the March ultrasound suggested that there was an echogenic focus in Twin A’s heart. The cervical length was noted to be within the normal range.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Card Dealer Fired After Reporting Sacramento Sexual Harassment Offenses

August 3, 2012 | by Moseley Collins

The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)

INJURIES: Dale sought recovery of damages for emotional distress and past lost earnings. She contended that she often lost sleep over the incidents, and suffered emotionally and in her home life because of the stress.

Facts:

In December 2004, plaintiff Sharon Dale, 38, a minimum-wage card dealer at The ABC Casino in Sacramento, CA, alleged that her work supervisor, Ben Bing, began sexually harassing her.

Dale claimed that she began receiving unwanted sexual comments from Bing a few months after she started working at the casino and that it continued after she reported the offensive behavior to the human resources manager in 2005. After she reported the behavior, Dale claimed that Bing and upper management began retaliating against her and disciplining her for minor or sometimes fabricated problems. She claimed she was ultimately terminated in July 2006, when The ABC Casino management found out she was exploring legal action.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.