Personal Injury Lawyer Blog
Texas Supreme Court Upholds State’s Medical Malpractice Statue of Limitations - Tuesday, March 16, 2010
The Texas Supreme Court ruled that a woman cannot bring a medical malpractice claim against a local hospital because the surgical error was discovered after the 10 year statute of limitations had already expired. The decision overturned an appeals court ruling in favor of the woman.
The state law regarding medical malpractice claims requires a lawsuit to be filed within 10 years of the incident. According to the Texas Supreme Court, the discovery of a medical error after this time period has lapsed is apparently not a valid reason to extend the statute of limitations.
The Court ruled that the law was intended to curb liability claims against doctors in order to help reduce the rates of malpractice insurance they must pay. However, this ruling also unfairly denies injured victims of medical negligence the right to receive the compensation they deserve if it takes years to discover the error.
In this particular case, Emmalene Rankin began experiencing abdominal pain in 2006. When she received medical attention, it was discovered that her pain was being caused by a sponge that was left inside her during a hysterectomy performed in 1995. The fact that it took 11 years to discover the error has prevented her from receiving compensation for her damages. Furthermore, the negligent medical professionals will not be held accountable for their actions.
Unfortunately, in this case, the Texas Supreme Court has dealt a crushing blow to injured victims who legitimately require compensation for medical errors.
Written by Andrew Martin: professional blogger and guru of misfortune.
Woman Receives $3.5 Million in Medical Malpractice Suit - Monday, March 15, 2010
A New York woman was awarded $3.5 million in a medical malpractice lawsuit after a botched breast augmentation procedure left her disfigured. The woman had breast augmentation and a breast lift performed in 2003. However, errors committed by her plastic surgeon left her with a condition called double bubble, which gives the appearance of having four breasts (two on each side stacked on top of each other).
The bulk of the money was awarded to compensate her for pain and suffering. As a result of her botched plastic surgery, her marriage has deteriorated. The woman experienced a serious loss of self-esteem, resulting in depression. As a result, she pushed her husband away, causing him to file for divorce.
Plastic surgery carries certain risks, just as all surgeries do. However, when a botched plastic surgery procedure is the result of negligent actions on the part of the plastic surgeon, he may be held accountable for damages in a medical malpractice lawsuit. It is important to consult an experienced medical malpractice attorney who can review your case and advise you on the best way to proceed.
Written by Andrew Martin: professional blogger and guru of misfortune.
Long Term Use of Fosamax Linked to Bone Fractures - Wednesday, March 10, 2010
There is mounting evidence that the popular osteoporosis drug Fosamax may lead to spontaneous bone fractures when taken for more than five years. Ironically, the drug is commonly prescribed to women suffering from osteoporosis in order to prevent such fractures in bones that are becoming increasingly brittle due to aging.
Many doctors have been seeing a growing number of injuries caused by the drug. Often, these fractures, which most commonly affect the femur, are occurring during low-impact activities such as walking down steps. These injuries have resulted in bones snapping completely in two and more closely resemble an injury caused by an auto accident than a minor fall.
This is not the first time Fosamax has been associated with serious side effects. For years, the drug has been linked to severe musculoskeletal pain and a serious bone-related jaw disease called osteonecrosis.
Merck, the pharmaceutical company that manufactures Fosamax, has repeatedly stated that there is not sufficient evidence to conclusively link these side effects to the drug. Merck has also been slow to add reports of femur fractures to the drug's list of side effects, despite repeated requests from the FDA dating back to 2008.
If you have suffered a serious bone fracture that you believe was caused by taking Fosamax, you should consult an experienced pharmaceutical injury attorney who can review your case to determine if you are eligible for compensation.
Written by Andrew Martin: professional blogger and guru of misfortune
McDonald’s Faces Product Liability Lawsuit - Tuesday, March 9, 2010
A federal appeals court in Virginia recently overturned a ruling by a lower court to dismiss a product liability lawsuit against McDonald's. As a result, the fast food chain may be held liable for burn injuries suffered by a customer in Virginia last year.
Frank Sutton burned his lips eating a fried chicken sandwich at a local McDonald's chain. When he bit into the sandwich, scalding grease spurted out, landing on his mouth. His wife tried to use ice from her drink to soothe his mouth, but she couldn't prevent his lips from blistering. When Sutton informed an employee of the incident, her response was, "this is what happens to the sandwiches when they aren't drained properly."
When Sutton woke up the next morning, he found blood on his pillow from his blistering lips. Seven months after the incident, he still experiences issues due to the burn injury, and he is forced to avoid certain tasks at work which may exacerbate the condition.
Sutton sued McDonald's for $2 million to cover medical bills, lost wages, and pain and suffering. If he wins his lawsuit, it may open the door for many others who may attempt to bring frivolous personal injury lawsuits against large corporations in the hopes of making a quick buck. However, in Sutton's case, it seems fairly clear that he suffered serious injuries as a result of the negligent actions of the local McDonald's chain. Hopefully he can receive what he deserves without causing a spike in unfounded lawsuits against fast food restaurants.
Written by Andrew Martin: professional blogger and guru of misfortune.
Drunk Driver Having Sex behind Wheel Causes Auto Accident - Wednesday, March 3, 2010
Perhaps the only thing more dangerous than a drunk driver is a distracted drunk driver. These two factors can prove to be a lethal combination on our nation's roads. Fortunately, in this case, the resulting auto accident only caused massive property damage.
A drunk driver in Idaho drove his pickup truck into a home, destroying the kitchen. The driver's blood alcohol level was twice the legal limit, and he admitted to police that has was distracted behind the wheel because he was engaging in sexual relations with his girlfriend at the time of the auto accident.
The house sustained tremendous damage. The oven was even launched into the neighbor's front yard. The couple living in the home had been sitting in the kitchen just minutes before the accident. Had they not moved into the living room, they most likely would have been killed in the collision.
The homeowners said the insurance settlement should cover the majority of the repair costs; however, they may be without a functional kitchen for as long as six months.
Distracted driving and drunk driving are two of the leading causes of auto accidents in the United States. If you have been injured in an accident caused by a drunk driver or distracted driver, an experienced auto accident lawyer can help you receive compensation for your damages.
Written by Andrew Martin: professional blogger and guru of misfortune.
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