For many clients injured in a car accident, the first question asked of the attorney after "is there cream for the coffee," is "how much is my case worth?" That question is always a fair one, but not always easily answered at the beginning of a case. In any personal injury case, value depends on both tangible and intangible elements, many of which, especially the intangible, will not be known...
Any regular readers of this blog site know that two of my primary concerns are medication errors and nursing home negligence. The two areas are not entirely unrelated. Medication errors often harm the most vulnerable - children and infants, people weakened from the illness that is being treated, elderly patients. Nursing home negligence always harms those who are vulnerable. Tragically, the two...
Today's New York Times has a chilling article by Jane E. Brody, detailing a pharmacy error that ended the independence of a previously healthy elderly woman. The pharmacy gave her methotrexate, a chemotherapy drug that suppresses the immune system, instead of her glaucoma drug, methazolamide. The woman took the wrong pills for a month, with a catastrophic result. She ended up in a coma and...
The recent case of a young person dying during a wisdom-tooth removal has raised questions over the safe use of anesthesia in office-based surgical procedures. Anesthesia complications or deaths are not limited to office surgery, (such as oral surgery, plastic surgery, etc.), yet in hospital or ambulatory situations there are perhaps more precautions taken, better monitoring and certainly more...
A British study reported last week in the Journal of the American Medical Association, reported a significantly higher risk of hip fractures in patients over 50 years of age, taking popular heartburn drugs, such as Nexium, Prevacid, or Prilosec, for more than a year. The drugs, as any television watcher or magazine reader, knows, have been heavily advertised. The drugs that showed the highest...
I was recently retained by a young woman who was seriously injured in an automobile accident. She was hit while crossing the street, in a crosswalk, and suffered multiple fractures. While her injuries are not life-threatening, she will lose significant time from work, will require a lot of physical therapy, and carries the potential for long-term troublesome, and even deteriorating,...
Every year, the United States Department of Labor publishes a census of occupational injuries. The census gives some insight into the types of jobs in which workers are most at risk. It is a starting point for analysis of work injuries, why they happen, and how to prevent them. In 2005, there were 5,702 fatal job-related injuries reported in the United States. This translated to a rate of 4.1...
I grudgingly give credit where it is due. The insurance, big corporate cabal, has run one of the most brilliant public relations campaign in the history of duping the American public. Their first ploy was the one most essential in any media campaign - they captured the linguistic high ground. Everyone believes in reform in the abstract, and the forces who want to eliminate the rights of...
Favorable results in Massachusetts cases of serious personal injury continue to make the news. Severable substantial settlements were reported this week in the Massachusetts Lawyers Weekly newspaper. A car accident resulting in a closed head injury and multiple fractures to a young mother, resulted in a mediated $750,000 settlement. In another car crash case involving a closed head injury, this...
In a typical year, nearly 750 bicycle riders nationwide may die in car-bicycle crashes. Thousands more cyclists are injured, some with serious traumatic brain injury, spinal cord injury, or other life-threatening harm. Many drivers are hostile to cyclists, resentful if their ride is slowed down for a few moments by a bicycle in front of them, or if they have to move over a foot to give the...
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