When Doctors and Pharmaceutical Companies Commit Mistakes

A doctor is always the person to turn to whenever someone’s life is threatened by a serious illness. With all his/her training and deep knowledgeable about the human body, health and medicinal products, plus his/her access to so many modern medical devices, doctors would only naturally be thought of as definitely capable of providing the needed effective treatment for any type of illness. However, reality shows otherwise and, rather than just a big number of doctors causing new health problems than providing medical solutions, it is obvious that there is another source of problem, probably something bigger than doctors that the government and the medical community need to focus on – pharmaceutical firms.

Though more than 750,000 deaths due to poor medical care are recorded in the U.S. every year. These include: unnecessary prescriptions; people being subjected to surgical procedures which are actually not needed; and, people being confined in hospitals despite this not really being necessary. These are clearly doctor errors. More cases, however, are recorded which involve adverse effects of prescription drugs or medical devices. These are usually due to drugs that have not been fully tested, yet are claimed safe and effective by their manufacturers.

Pharmaceutical companies know that they have a moral and legal obligation to make sure that all of their medicinal products are safe and effective in treating the serious health conditions for which these were manufactured for. Thus, it is very necessary that, before being approved by the U.S. Food and Drug Administration for public use, these medicines, especially prescription drugs, are first clinically tested to see their actual effects on patients. Besides treating ailments, medicines are also supposed to keep people in good health.

Unfortunately, many products remain defective and harmful to unsuspecting users (who only get to find out about the product’s adverse effects after they have been harmed by it). Due to the many kinds of harm, some too severe, suffered by patients in the past, the U.S. FDA has issued many warnings and recalls on medicines, especially if it can be proven that their risks outweigh the benefits they provide.

To make patients aware of the drug’s potential dangers too, the FDA requires manufacturers to clearly state in their drug’s label the risk/s associated to its use. If the drug’s side-effects are quite severe, then the FDA may issue a block box warning, the most serious form of caution it issues.

According to Tucson dangerous product attorneys at Russo, Russo & Slania, P.C., “Every year, countless new products are released for public consumption in the American marketplace. Far too often, however, these products have not undergone adequate testing for safety or are otherwise compromised in such a way that their use poses a substantial threat of injury to consumers. In the worst of cases, dangerous or defective products may even result in death.

Product liability laws are in place in order to safeguard consumers against having to suffer the costs of the consequences that their injuries may have. Victims of serious injuries or other types of harm caused by a defective product should know that justice and compensation may be available to them.”

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Causes and Symptoms of Traumatic Brain Injuries

The brain is on5e of the human body’s most important organs because all bodily functions are controlled by it. Thus, anything that impacts the brain and causes it to change in the way it functions will also affect the way the whole body functions.

A car crash, a blast or explosion in a war zone, a violent act and sports or recreation-related accidents that cause a sudden jolt or a violent blow to the head can make the brain collide with the internal wall of the skull. This collision can result to torn nerve fibers, bruising of the brain and/or bleeding which, in turn, can result to intracranial injury or traumatic brain injury (TBI). Besides the causes given above, the Centers for Disease Control and Prevention (CDC) also names the following as possible causes of TBI:

  • Falls, which are common among children 4 years old or below, adults above 75 years old, and workers in offices and construction site;
  • Struck by/against, which involves collision with an object (that is in motion or stationary);
  • Assaults, which are due to use of firearm (resulting to gunshot wound on the head);
  • Non-motorized pedal cycles or accidents involving bicycles;
  • Smashed piece of skull that penetrates the tissues in the brain; and,
  • Motor vehicle accidents, which commonly involve those aged between 15 and 19;

The severity of traumatic brain injuries depends on the part of the brain that is affected, the extent of the damage and whether the injured area is widespread or affects only a specific part. For purposes of classification, however, severity is identified as mild, moderate or severe. While mild TBI patients may only experience temporary headaches and confusion, a severe case can lead to amnesia, coma, disability, unconsciousness or death.

The signs and symptoms of TBI sometimes appear weeks or months after the accident occured. Some of these signs and symptoms include: persistent headaches or neck pain; slowed reading, thinking, acting, or speaking; changes in sleep pattern; loss of sense of taste or smell; and, dizziness and moodiness. If an individual, after suffering a violent blow to the head, begins to experience repeated vomiting, convulsions, numbness or weakness in the legs, arms, hands or feet, or slurred speech, then it is necessary to take him/her to the hospital immediately to be checked and treated.

The Benton Law Firm discusses lengthily about TBI and shares interesting and valuable information about this type of injury. It also mentions that TBIs occur far more often than the majority of us would assume. Each year, around 1.7 million TBIs occur, either as isolated injuries or as part of a related injury. However, and more importantly, if another person’s negligence was reason behind a TBI injury, the injured should do not give up his/her right to pursue compensation because cranial injuries have lifelong traumatic effects and requires very costly treatments.

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Holding Employers Fully Liable for Injuries Sustained in the Workplace

Private and government employers in the United States are mandated to provide for their employees a safe and healthy work environment to significantly reduce, if not totally eliminate, occurrences of accidents in the workplace. This mandate is issued by the Occupational Safety and Health Act (OSH Act), a federal law that was enacted by the US Congress in 1970. This Act requires the assurance of a safe and healthful working conditions for working men and women by;

In 1971, OSH Act gave birth to the Occupational Safety and Health Administration (OSHA), which is tasked to fully and strictly implement all the safety standards mandated by the Act, such as a workplace free from mechanical dangers, heat or cold stress, exposure to toxic chemicals, poisonous gases, radiation, unsanitary conditions, excessive level of noise, and other hazards.

Another mandate that the OSHA enforces is the Hazard Communication Standard or HCS. This federal mandate, which was passed into law in 1980 and which took effect in 1986, gives those exposed to hazardous chemicals in the workplace the right to be informed about any type of danger they may be exposed to and how they can protect themselves from these dangers. In addition, the HCS, otherwise called the Right-to-Know Law or the Worker Right-to-Know Legislation requires manufacturers and importers to attach Material Safety Data Sheets (MSDS) and warning labels on their hazardous products. Besides showing on the product label whether a chemical is poisonous or hazardous, there should also be information on the product’s potential effects to health, precautions for use, safe storage suggestions,emergency first aid instructions, and contact numbers (of manufacturers) for further information.

Since different types of work environment require a unique set of safety measures, employers should take full responsibility in implementing these necessary measures to prevent accidents from occurring. Risk assessment, provision of the necessary protective equipment, safety training, and installation of safety barriers are just few of the precautions that can be observed in work premises in anticipation of potential problems. Though OSHA maintains that accidents can be prevented, this can only be possible if owners of firms and their managers observe government safety standards, and the employees follow company safety rules.

According to Ritter & Associates, accidents due to violations of safety code and/or failure to provide adequate safety equipment can render employers fully liable for whatever injuries their employees may sustain. While, under normal circumstances, occupational injuries would not entitle one to pursue legal action and would instead be governed by workers’ compensation law, if the injury is the result of demonstrable, egregious negligence on the part of one’s employer, a civil lawsuit may be the appropriate response.

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Choose Well the Firm that Will Crown Your House with the Roof that It Deserves

More than just that part of a house or any type of building which protects people from rain, snow, heat, wind and sunlight (and even from animals), a roof provides all kinds of structure a unique look and aesthetic style. Today, one can choose from more than a dozen available roof types – and these are just the basic roof types; combine any of these basic types, then you will have much more types and styles to choose from.

Roofs, however, are best only within a number of years after these have been installed. As the roof ages, problems will inevitably set in and, if a roof is not properly and routinely maintained, then even minor problems can become catastrophic.

Those who have already experienced roof problems know how these can be a pain and a source of significant spending. Many house and building owners, however, thinking that they can save money, time, effort, neglect their roofing system and postpone repairs of their roof if problems are still minor. Minor roof problems, though, intensify over time and become major problems, making repairs more costly.

Some of the most common problems roofs develop include leaks, molds or algae growth, roof vent damage, clogged gutters, and missing or damaged shingles. These problems can be caused by or by a combination of any of the following: heavy rain; hail; blistering due to excessive heat; damp conditions; not enough sun; ice or snow buildup; buildup of leaves and other debris; and lack of maintenance and cleaning. A few of these problems’ worst effects, on the other hand, are severe water damage, decreased safety of occupants, and more expensive repair costs.

According to the Fort Lauderdale roofing contractors of Best Roofing, there are three R’s in roofing: roof repair; roof restoration, which is the complete rejuvenation of the entire field of roof surface which, in turn, can significantly extend the life of a roof; and, roof replacement, which becomes necessary if a roof has reached the point wherein repair or restoration is no longer possible. This is either because repairs will not solve the problem or the roof system has aged beyond restoration.

One will probably not run out of options when it comes to firms providing roofing services, whether the service required is for residential or, especially, commercial roofing needs. However, despite the plentiful firms in existence, would you rather entrust your roofing needs to one with multiple unaffiliated contractors, which could only lead to longer installation time and longer interruption which, by the way, can also mean higher costs?

While there is no stopping anyone from choosing these firms, what is the point if there are firms which can offer not only the same, but much higher, quality service, and the most exacting standards in materials and workmanship, and which are affiliated with the largest and well-recognized roofing manufacturers in the nation. Bottom line is, your roof is the crown of your house, your office or your building: make sure you choose the right company to give it the crown it truly deserves.

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Get the Best Insurance Deal without Having to Pay More than What You Can Afford

There are about four instances when drivers in the US need to show proof that they carry auto liability insurance: when they renew their driver’s license; when they re-register their vehicle; if they get involved in an accident; and, if they get pulled over by a traffic enforcer.

Carrying auto liability insurance is mandatory in the U.S. The law that mandates it was first passed in 1925 to make sure that injured accident victims were no longer left suffering alone from the effects of the injuries, which included cost of medical treatment and lost wages, among others. This was because drivers who were at fault in accidents often failed in fulfilling their obligation to compensate their victims.

Today, this compulsory car insurance law is known as the Financial Responsibility law. This law requires drivers all across the U.S. to be able to prove their capability to pay for damages in the event of an accident wherein they are at fault. Proving financial responsibility may be done by complying with whatever is the mandated in the state where the driver resides. In the state of New Hampshire, for instance, as an alternative to carrying auto liability insurance, drivers may instead file an SR-22 or deposit securities or money with the state treasurer. In Virginia, paying the required uninsured motor vehicle fee to the state’s Department of Motor Vehicles (DMV) will allow drivers to register an uninsured vehicle. If ever a driver causes an accident, however, he or she will be held personally responsible in compensating the person that he or she has injured. In all the other 48 U.S. states, carrying auto liability insurance is the mandate.

The type of auto insurance that drivers need to carry depends on the type of liability system recognized in the state where they reside. In as many as 38 states, the tort/at-fault system, wherein victims can file a civil lawsuit against at-fault drivers, is recognized. This filing of a civil lawsuit becomes necessary if the at-fault driver’s insurance provider does not compensate all losses or damages suffered by the victim (such as pain and suffering for non-economic damages and lost wages for economic damages). Twelve states, on the other hand, recognize the “no-fault” system. Under this system, each driver is compensated by his or her own insurance provider regardless of who is at fault in the accident. These 12 states include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah (Kentucky, New Jersey and Pennsylvania more also referred to as “Choice” states because these states allow drivers to choose the type of insurance coverage they would want to carry: either the no-fault coverage or the “fault”/“tort liability” coverage).

Besides the required coverage for bodily injury and property damage, some states also require additional coverages, like the uninsured and/or underinsured motorist coverage. Even without the additions, millions of drivers and car owners find policy premiums quite costly to pay, thus, they decide to stop paying what will actually save them from too costly compensations if they cause an accident or more expensive premiums plus lots of inconveniences if they get caught without insurance.

According to Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., asking for free insurance quotes from an independent insurance firm will help drivers and car owners get the best insurance deal without having to pay more than what they can afford. These quotes are made available online and provide various offers from different insurance providers, giving clients the chance to compare prices and see what each deal actually includes. Easy, fast and convenient, getting online help is definitely the best way to find the best deal that will fit their budget.

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The Several Types Of Spastic Cerebral Palsy

Cerebral palsy (CP) is one of many most frequent developmental conditions that usually produce in kids. This is often due to hereditary predisposition, beginning harm, maternal disease, scalp injuries, or infections affecting mental performance. CP is actually a complicated condition that varies to the patient from individual which is a lifelong problem; it can not be treated, however, it can be managed. The varieties of cerebral palsy are athetoid spastic however the one that most often happens is CP which influences at least 70% of CP situations.

People with spastic CP, that will be also called bilateral spasticity, experience muscle rigidity (hypertonic) using groups of muscles more than what an individual with normal muscle development can encounter. The muscles are usually contracting, that may eventually cause motion and excessive positions. This is considered to be as a result of a lesion inside the upper motor neurons of the mind, and perhaps the motor cortex. Cerebral Palsy is categorized as neuromuscular mobility impairment, although some encounter co- mental impairment and melancholy vocabulary.

According to website of the Driscoll Firm, P.C., there are several types of spastic CP:

Spastic Hemiplegia – one-sided; may manifest as a limp but otherwise does not significantly affect mobility
Spastic Diplegia – affecting the legs only; affects up to 80% of all spastic CP cases; may manifest as a scissor-like gait; severe cases may require assistive devices for mobility, such as walkers; many also present with strabismus
Spastic Monoplegia – affects only one limb
Spastic Triplegia – affects 3 limbs
Spastic Quadriplegia – affects all four limbs and severely restricts mobility

A cerebral palsy lawyer would probably let you know that a normal lifestyle, particularly using the good care and treatment may be led by an individual diagnosed with spastic CP through the disorder’s initial phases. Nonetheless, independence’s degree depends upon the type and the severity of spastic CP.

Regardless of sort and seriousness of CP, the long-term outcomes can include cerebral, psychological, societal, major actual, and psychological dilemmas. If your was caused by the negligence of the physician or another 3rd party, you may well be able to get a settlement on behalf of your child.

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Kentucky Leads the Way in Nursing Home Liability Costs

This is a race that Kentucky wishes it did not always win.

Kentucky has historically had problems with maintaining the level of care expected of nursing homes. According to the report put together by the Aon Global Risk Consulting for the American Health Care Association (AHCA) called “2014 Long Term Care: General Liability and Professional Liability Actuarial Analysis,” the costs of liability for private long term care facilities in Kentucky continue to rise.

This is not exclusive to Kentucky. Overall, the liability costs across the US are expected to rise by about 5% in 2015. The national average is expected to be $2,030 per resident. However, the projected costs for Kentucky nursing homes are a whopping $9,220, compared to Texas, which expects liability losses of $320 per resident for 2015.

According to the website of Sampson Law Firm personal injury lawyers, this has something to do with the fact that nursing homes in Kentucky are failing to provide the quality of care that is expected of them. Nursing home abuse and negligence happens frequently. Just recently, a serious outbreak of flu raced through Louisville’s nursing home facilities, a deadly development for the elderly who are especially vulnerable to such exposure. Medical professionals state it was the worst flu outbreak in a long time. Among the 26 early deaths in January 2015, 19 were over the age of 65.

The liability of nursing homes for abuse or simple neglect means significant costs for the operators under Kentucky law. There are no caps on economic and non-economic damages, and it does not have strict regulations regarding expert witnesses, or require pre-trial mediation.

However, even if the law is distinctly advantageous to plaintiffs, nursing home operators should have nothing to worry about if they give the residents under their care the proper and due care they are supposed to provide. There would be no reason or basis for filing a personal injury lawsuit.

If you suspect that a close family relative is a victim of nursing home neglect or abuse, do not hesitate to address the issue. Consult with a nursing home abuse lawyer in Louisville to find out how to go about getting compensation for what your elderly loved one has suffered.

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Tackling Silicosis

There are certain jobs that are inherently dangerous such as construction and mining, but this is mostly because they are physically demanding work in unstable surroundings. Safety measures are in place to prevent injuries from obvious things such as falls from height, electrocution, and falling objects. However, one of the most pervasive dangers to certain workers is toxic exposure.

According to the website of Pohl & Berk, LLP, silicosis is one of the most common types of occupational diseases and develops from breathing in crystalline silica dust. Silica is abundantly found in sand, rocks, and ore-bearing material. It develops in workers in abrasives and glass manufacturing, mining, quarrying, road and building construction, sand blasting, and stone cutting that are constantly exposed to silica dust. The silica dust gets into the lungs, causing it to become inflamed and develop nodular lesions. Symptoms include a chronic cough, fever, shortness of breath, and bluish skin from inadequate blood oxygenation (cyanosis). It is often mistaken for pulmonary edema or pneumonia.

It is possible to develop silicosis within a short period (one year) with intense exposure to very large amounts of silica dust. However, silicosis typically develops over many years of exposure to silica dust, up to 20 years in occupations where the silica dust is at low levels. It is common in developing countries but according to the Centers for Disease Control and Prevention (CDC) it is relatively rare in the US because of safety regulations imposed for those in at-risk occupations. It is estimated that less than 60,000 workers with silica exposure will develop silicosis.

However, many workers that do succumb to silicosis work for employers that fail to follow simple safety regulations pertaining to silica exposure. This is not only a violation of safety standards but a breach of their duty to ensure the reasonable safety of workers, and may be considered gross negligence.

If you developed occupational silicosis, you may be eligible to seek compensation from your employer. Find a competent toxic exposure lawyer in your area and have your case assessed.

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Sexual Harassment in the Workplace

In November of 1976, Redbook, one of America’s women’s service magazines, conducted a survey on sexual harassment in the workplace. About 9,000 women responded to the survey through which almost nine out of every ten of them claimed that they had experienced being targets of sexual harassment in the places where they worked.

This survey was conducted during that same year when the first on-the-job sexual harassment case was tried and twelve years after the US Congress passed the Civil Rights Act and formed the U.S. Equal Employment Opportunity Commission (EEOC).

Title VII of the Civil Rights Act of 1964, which makes unlawful any form of discrimination against employees based on national origin, religion, color, race, or sex, includes sexual harassment as one of the ways through which sexual discrimination is committed. EEOC, on the other hand, is like a federal government law enforcement agency due to its task of strictly implementing the Civil Rights Act and all other laws aimed at protecting employee rights.

Base on EEOC’s definition, sexual harassment is any form of act typified by verbal or physical harassment that is sexual in nature, unwelcome sexual advances, insulting remarks regarding a person’s sex, or requests for sexual favors; though victims are most often female, it can happen to male employees too and its perpetrator can be a supervisor, a co-worker or even a client.

There are two different ways through which sexual harassment may be committed: through the Hostile Work environment and through the Quid Pro Quo. In a hostile working environment, a superior or a co-worker acts the perpetrator; he/she makes the workplace offensive, intimidating or hostile to the victim for reasons that do not meet (the perpetrator’s) preference. The Quid Pro Quo, on the other hand, involves a person in authority, usually a direct supervisor, who would require sexual favors from the individual in return for being hired or promoted; refusal of the person to agree with the superior’s request would result to being denied employment, non-promotion or denial of job benefits the person is supposed to enjoy.

While a few number of those who are sexually harassed choose to muster their courage and file complaints even if this means compromising both their reputation and job, many more rather decide to keep silent as they see very little or no benefit at all in pursuing their case. To exact heavier punishment on sexual harassers in the workplace, amendments were made in the Civil Rights Act in 1991, this time to allow victims to receive compensatory damages, which includes emotional pain and suffering, mental anguish, and present and future financial losses.

In its website, the law firm Cary Kane LLP encourages victims of sexual harassment to come into the open and trust that they have the law as their ally. The firm also encourages victims to immediately get in touch with a lawyer, whose expertise in sexual harassment lawsuits is extensive, for the strong argument and defense that they definitely need.

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Personal Injury Made Easy With These Simple Tips

Personal injury cases may look easy, but they are actually quite complicated. This is even more true if you haven’t been through anything like this before. You have to have a lawyer help you out. This article is going to give you some advice that will help you if you wish to succeed with a personal injury case.

Get a detailed police report regarding an injury you receive, for future reference in court. Not only will the information gathered by the authorities be very credible, it can help prove that you were wrongfully injured and win your case. Failure to collect credible evidence means your claim may be viewed as hearsay, and that won’t win you anything!

You can get paid even if you suffer from a condition already. Be truthful with your lawyer about any injuries who suffered before the accident. Do not ask for a settlement that exceeds the impact of the personal injuries the other party can be held responsible for.

Call the police as soon as there has been an accident. This should be done even if the other party tries to convince you that it is not necessary. Getting law enforcement involved will help you a lot when it is time to prove that an accident has actually occurred.

Try considering only experienced attorneys that focus on personal injury law. Since this type of a law is a niche, it is important to find an attorney that concentrates on personal injury instead of one that is trying to be a jack-of-all trades. You also want someone with several years of experience in the niche, not one that has to study up on it for your case.

A lawsuit concerning personal injury can be a difficult one. Keep this information in mind to make it easier on yourself. You should use these tips and do more research on personal injuries before you start building your case.

For more details, search for helpful legal information on websites such as that of Pohl Berk.

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