The post Can You Sue a Pharmacy for Negligence? appeared first on The Lawrence Firm, PSC.
]]>In this pharmaceutical error guide, we’ll explore the legal grounds for suing a pharmacy for negligence, the steps in filing a claim, and how our experienced medical malpractice attorneys can support you through this challenging process. Your trust was misplaced once; let TLF restore your faith in getting the justice and compensation you rightfully deserve.
If you suffered a severe injury due to a pharmacy error, you could be entitled to compensation through a medical malpractice lawsuit. Contact TLF: The Medical Injury Law Firm at (800) 698-4054 or reach out via our online intake form to schedule a free consultation to learn more about filing a medical malpractice claim.
Pharmacist malpractice can include dispensing the wrong prescription medications or dosage, failing to check for potential drug interactions, falsifying records, diverting prescription drugs for unauthorized use, and not maintaining patient confidentiality.
These negligent behaviors not only breach the trust between pharmacists and patients but also pose serious health risks, potentially leading to adverse drug reactions, medication overdoses, or lack of medicinal effect from the intended medication.
Understanding what constitutes pharmacist negligence is crucial for patients to recognize when their rights have been compromised and to seek appropriate legal recourse.
Yes, you can sue a pharmacy for giving you the wrong medication. This type of medical malpractice occurs when a pharmacy’s error in dispensing medication directly leads to harm or injury to a patient.
If you received the wrong medication and suffered adverse effects or a worsening of your condition as a result of receiving the wrong drug, you may be entitled to compensation. A successful medical malpractice claim against a pharmacy requires proving that the pharmacy’s mistake was the direct cause of your harm, and had they dispensed the correct medication, the injuries would not have occurred. In most cases, a severe adverse outcome resulting in permanent injuries is necessary to pursue a pharmacy malpractice case.
Yes, suing a pharmacy for dispensing the wrong dosage of medication is also possible and falls within the scope of pharmacy malpractice or negligence. This form of negligence occurs when a patient receives medication at a dosage that is either higher or lower than what was prescribed by the patient’s health care provider.
Incorrect dosages can lead to a range of negative outcomes, from the lack of efficacy of the medication at lower doses to potential overdose and severe health complications at higher doses. Again, in most cases, a severe adverse outcome resulting in permanent injuries is necessary to pursue a pharmacy malpractice case.
Pharmaceutical medical malpractice can result from various factors, often stemming from systemic issues within pharmacy operations and healthcare settings. Key contributors include:
Each of these factors highlights the need for strict policies, procedures, and oversight within pharmacies to minimize the risk of negligence and ensure patient safety.
A medication error can lead to a wide range of injuries. These injuries result from mistakes such as dispensing the wrong medication, incorrect dosage, or failure to recognize drug interactions. Common injuries caused by medication errors include:
Victims of medication errors may face long-term health consequences, significant medical expenses, and a diminished quality of life, highlighting the need for safety protocols and accountability within healthcare systems.
Suing a pharmacy for negligence involves navigating complex legal principles that form the basis of your medical malpractice case. The process establishes the four D’s of medical negligence: duty of care, breach of duty, causation, and damages.
Successfully suing a pharmacy involves gathering detailed evidence to support these elements. As such, working with a knowledgeable medical malpractice attorney, like those from TLF: The Medical Injury Law Firm, is crucial when pursuing a pharmacy error claim.
In pharmacy negligence lawsuits, the potential defendants may include both individuals and entities involved in the medication dispensing process. Pharmacists are central figures in these cases, facing liability for direct involvement in errors such as incorrect prescription checks, overlooking dangerous drug interactions, or dispensing the wrong medication or dosage.
Pharmacy technicians can also be held accountable for mistakes like mislabeling, improper prescription filling, or not adhering to established protocols.
Beyond individuals, pharmacy owners may bear responsibility for broader issues such as failing to maintain a safe working environment, inadequate staffing, or lack of proper staff training, contributing to negligence.
When the pharmacy is part of a larger corporate chain, the corporation itself may become a defendant, particularly if systemic problems like poor policies, insufficient training, or pressures on staff that compromise safety are identified.
This approach to liability recognizes that pharmacy errors can result from multiple failures, implicating those who directly commit the error and those who create the conditions that allow such mistakes to happen.
In pharmacy negligence lawsuits, victims may be entitled to several types of damages. Medical expenses constitute a significant portion of the damages, covering both past and future costs incurred due to the error, such as hospital stays, treatment for adverse reactions, and ongoing care needs.
Lost wages are also recoverable, compensating victims for income lost while unable to work due to their injuries, as well as potential loss of earning capacity if the negligence results in long-term health consequences.
Beyond the tangible costs, pain and suffering damages acknowledge the emotional and physical distress caused by the pharmacy error, compensating for the discomfort, anxiety, and reduced quality of life.
In cases where the pharmacy’s conduct is found to be particularly reckless, punitive damages may be awarded to punish the offender and deter similar conduct in the future.
These damages reflect the legal system’s attempt to make the victim whole, to the extent possible, and to address the various ways in which pharmacy negligence can harm patients.
At TLF: The Medical Injury Law Firm, our team of seasoned attorneys is experienced in navigating the complexities of cases involving pharmaceutical errors to secure justice and compensation for our clients.
By meticulously investigating each case, gathering compelling evidence, and employing a thorough knowledge of medical malpractice laws, TLF ensures that our client’s rights are vigorously defended.
Whether mediating with insurance companies or representing clients in court, we’re dedicated to achieving the best possible outcome, including maximum compensation for things like medical expenses, lost wages, and pain and suffering.
The statute of limitations for pharmacy malpractice claims in Ohio and Kentucky is within one year of the incident. These deadlines are imperative to adhere to, as failing to file within this timeframe can result in forfeiting the right to seek compensation for damages caused by pharmacy errors.
If you or a loved one has suffered due to pharmacy errors in Ohio or Northern Kentucky, do not let the opportunity for justice slip away. The skilled pharmaceutical malpractice lawyers at TLF: The Medical Injury Law Firm are here to guide you through every step of the legal process. Contact a medication error lawyer at our firm today by calling (800) 698-4054 and take the first step toward holding negligent pharmaceutical parties accountable.
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]]>The post Death From CT Scan Dye appeared first on The Lawrence Firm, PSC.
]]>During her initial scans, the woman was able to hold still throughout the process. However, after the dye was administered through her IV, she began moving and then became completely still. It took medical staff eight minutes to call a code blue, indicating that she was having a medical emergency.
For 40 minutes, the woman suffered from irregular heart rhythm as her condition got worse. During those 40 minutes, healthcare professionals administered epinephrine and a total of seven shocks to her heart before turning her over to the emergency department. She was pronounced dead the next day.
While an allergic reaction to contrast dye is rare, it’s still a risk that medical professionals need to consider before administering it. Additionally, patients deserve to know the risks of contrast agents before the dye is administered. Below, we’ll explore what exactly contrast dye does, what risks are associated with it, and how a reaction to contrast medium could result in a medical malpractice case.
The Northern Kentucky and Cincinnati medical malpractice attorneys at TLF: The Medical Injury Law Firm are dedicated to advocating for victims of medical negligence and pursuing justice on their behalf. If you believe you have a case, call us toll-free at (800) 698-4054 to schedule a free consultation with a medical malpractice attorney on our team today.
Contrast dye, also known as contrast medium or contrast agent, is a substance used in medical imaging procedures to enhance the visibility of internal bodily structures, like blood vessels and organs, on imaging scans like X-rays, MRIs, and CT scans. It works by altering the contrast between different tissues or structures, making it easier to distinguish them from one another and providing clearer images for diagnosis.
Contrast dye can be administered orally, intravenously, or through other routes depending on the imaging technique and the specific medical situation. While generally considered safe, contrast dye can have serious adverse effects, especially in individuals with certain pre-existing conditions. Adverse reactions to contrast media can range from mild symptoms like nausea and itching to more severe symptoms like anaphylaxis, and, as mentioned above, even death.
The contrast agent, which is typically administered intravenously, contains substances like iodine or gadolinium, which absorb X-rays or other forms of electromagnetic radiation differently than surrounding tissues. The differences in absorption make various bodily structures stand out from their surroundings, making them appear more prominent in the resulting images.
By improving the visibility of certain organs and internal structures, these contrast agents allow healthcare professionals to make more accurate diagnoses. However, it’s essential for healthcare providers to carefully consider the potential risks and benefits of using contrast medium, ensuring patient safety during imaging procedures.
There are a number of imaging techniques that use contrast agents. Some of the most common tests that use radiocontrast agents include:
Contrast dye can be dangerous, especially in certain high-risk patients. However, in general, contrast agents are not inherently dangerous. Most patients will not suffer from an adverse reaction to the contrast agent and can complete their imaging tests without incident. Unfortunately, this is not the case for all patients.
Certain individuals are at an increased risk of having an adverse reaction to contrast agents. Someone may be at a higher risk of having an allergic reaction to contrast agent if they:
It’s important for healthcare providers to know these risk factors and pre-screen patients for things like allergies and decreased renal function. This can help minimize the risk of adverse reactions to contrast dye during medical imaging procedures.
If someone is suffering from a serious reaction to a contrast agent, they will likely go into anaphylactic shock. They may also suffer from respiratory failure, cardiac arrest, acute renal failure, seizures, and even death. Contrast agent reactions can cause symptoms such as:
It’s important that healthcare professionals take immediate action when they notice a patient suffering from an anaphylactic reaction. If not treated, anaphylactic reactions from contrast agents can result in death.
In certain situations, a medical professional may be liable for a patient’s damages if the patient suffers from injuries as a result of a contrast agent. Situations that could result in a contrast dye medical malpractice lawsuit include:
Healthcare providers are expected to provide their patients with a certain level of medical care. In order for someone to sue for medical malpractice, they have to be able to prove that the medical professional who treated them failed to provide them with the minimum standard of care, also known as a duty of care.
If the medical professional who is treating them fails to provide them with this minimum standard of care, they breach their duty of care, making them liable for any injuries they cause as a result of their negligence.
Contrast dye medical malpractice lawsuits often involve detailed medical evidence, expert testimony, and complex legal procedures. That’s why it’s so important to have a skilled medical malpractice attorney on your side to help you pursue compensation.
An experienced attorney will have a thorough understanding of medical malpractice laws, including the specific standards of care applicable to contrast dye administration and medical imaging procedures. They will have the resources and experience to thoroughly investigate the case, gather evidence, and negotiate with insurance companies.
If a settlement can’t be reached outside of court, the attorney can also represent the victim in court to seek fair compensation for damages like medical expenses, pain and suffering, lost wages, and punitive damages. Overall, having a knowledgeable and experienced medical malpractice attorney can significantly increase the likelihood of a successful outcome in a contrast agent medical malpractice lawsuit.
Contrast dyes serve a very important role in modern imaging tests, but they come with risks, some of which can be fatal. If your loved one has suffered from a serious allergic reaction to contrast media and has suffered injuries or died as a result, you deserve justice. At TLF: The Medical Injury Law Firm, we’re ready to provide you with the legal representation you need to recover the compensation you deserve.
We understand the devastating impact that medical errors can have on patients and their families. That’s why our compassionate and skilled attorneys are committed to fighting tirelessly on behalf of our clients to hold negligent healthcare providers accountable for their actions. Our medical malpractice attorneys can handle cases involving death from CT scan dye, as well as cases involving misdiagnosis, birth injuries, medication errors, and more.
TLF is proud to serve the residents of both Ohio and Kentucky and is experienced in handling medical malpractice claims in each state. Call our Covington, KY office at (859) 898-2472 or call our Cincinnati, OH office at (513) 643-1689. You can also call us toll-free at 800-698-4054 or fill out our online form to schedule a free consultation with us regarding your case.
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]]>The post Understanding Pure Comparative Negligence in Kentucky Personal Injury Cases appeared first on The Lawrence Firm, PSC.
]]>At TLF: The Medical Injury Law Firm, we know the challenges that cases can present when pure comparative negligence is involved and will do what it takes to help our clients achieve the most favorable outcome possible. Our Northern Kentucky personal injury attorneys have created this guide to provide clients with clarity and understanding as they pursue a claim under the pure comparative negligence system. We hope to empower clients with confidence as they seek the justice and compensation they deserve.
If you’ve been involved in a car accident or other incident where the pure comparative negligence system may come into play, contact TLF: The Medical Injury Law Firm at (800) 698-4054 to schedule a free consultation with one of our experienced personal injury attorneys.
Pure comparative negligence is a legal principle to resolve personal injury cases where multiple parties share fault. Unlike contributory negligence, which obstructs recovery if the claimant is even partially responsible, pure comparative negligence allows an injured party to recover damages even if they are 99% at fault, with their compensation reduced by their percentage of fault.
This legal approach ensures that all parties affected are held accountable for their contribution to the auto accident, allowing plaintiffs to receive at least a portion of the damages corresponding to the defendant’s degree of fault. This system emphasizes the idea that everyone should accept the financial burden of their actions, providing a fair and balanced method of determining compensation in complex personal injury claims.
Both pure and modified comparative negligence concepts play crucial roles in determining compensation in personal injury cases. Kentucky is a pure comparative negligence state that allows individuals to seek compensation even when they are 99% at fault for their injury, with the award reduced by their percentage of fault.
Some states, like Ohio, follow modified comparative negligence laws, where an injured party can only secure damages if found to be less than 50% responsible for the incident. Should their fault level exceed 50%, they are ineligible to receive compensation.
At TLF: The Medical Injury Law Firm, we proudly serve clients in Kentucky and Ohio, meaning that our attorneys are well-versed in both negligence laws. No matter where your car accident or other personal injury accident occurred, you can trust our law firm to provide a strong defense tailored to the unique circumstances and laws within the state where the accident happened.
Yes, Kentucky is one of 13 states that adheres to pure comparative negligence, according to Kentucky Revised Statutes 411.182. Under Kentucky negligence laws, an injured party can recover damages even if they are partly at fault for the accident or injury.
According to pure comparative negligence, Kentucky personal injury claims can award an injured party compensation for damages even if they are found to be partially or mostly at fault for the incident that led to their injuries. Under this rule, an injured person’s compensation is directly proportional to the degree of fault attributed to other involved parties.
Essentially, the total amount of damages is calculated, and then this amount is adjusted based on the injured party’s percentage of fault. For example, if the total damages in a case equal $100,000 and the injured party is determined to be 30% liable for the accident, they can still recover 70%, equating to $70,000.
The evidence taken from an accident scene can show each party’s level of involvement in the incident. This can include witness testimonies, surveillance footage, accident reports, medical records, expert opinions, and more.
Each piece of evidence paints a detailed picture of the events leading up to and following the incident. For instance, medical records can demonstrate the extent and nature of the plaintiff’s injuries, while accident reconstruction experts can help determine how and why the incident occurred, providing insights into each party’s level of responsibility.
Pure comparative negligence provides a balanced approach to a personal injury claim stemming from a car or other accident, as it acknowledges that most incidents involve shared responsibilities and complex dynamics. This means that even if the victim is partly at fault, there is still a viable path to obtaining financial recovery for their damages.
Common challenges in pure comparative negligence cases often revolve around accurately determining each party’s degree of fault. The complications of establishing fault percentages require thorough evidence collection and analysis, including eyewitness accounts, expert testimonies, and forensic investigations. Plus, each party’s legal representation may present conflicting interpretations of the events and evidence to minimize their client’s liability.
This can lead to lengthy legal battles, as negotiations and, potentially, court proceedings unfold to reach a resolution. Claimants may find themselves navigating tricky mediations where the insurance company uses strategies to shift a greater portion of blame onto them, complicating the process of securing fair compensation.
The subjective nature of fault assessment in these cases makes them particularly challenging, as slight variations in the determined percentages of fault can significantly affect the compensation awarded to the injured party.
TLF: The Medical Injury Law Firm utilizes a sophisticated approach to navigating comparative negligence. Understanding the complexities of comparative negligence laws, our personal injury attorneys meticulously gather and analyze all relevant evidence, from eyewitness testimonies to expert assessments, to construct a compelling argument that accurately reflects the client’s degree of fault.
This enables us to effectively counter attempts by opposing parties or insurance companies to unfairly increase the client’s liability. Additionally, our attorneys employ skilled negotiation tactics, backed by a readiness to proceed to trial if necessary, to advocate for fair compensation.
At TLF: The Medical Injury Law Firm, our client-centered strategy emphasizes clear communication, educating clients about the legal process and their rights, and involves them in key decision-making, ensuring that the path forward aligns with their best interests.
If you are looking for experienced legal representation in Northern Kentucky for a personal injury case, contact TLF: The Medical Injury Law Firm. Our team of attorneys has experience handling complicated claims involving comparative negligence laws and is prepared to represent you.
Schedule a free initial consultation by calling our toll-free number at (800) 698-4054 or contact us online to explore your options and learn how our Northern Kentucky personal injury attorneys can help.
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]]>The post What is Highway Hypnosis? appeared first on The Lawrence Firm, PSC.
]]>Highway hypnosis is a phenomenon that causes a driver to fall into a trance-like state while driving for an extended period on a monotonous stretch of road. While it may sound innocuous, highway hypnosis poses a real danger to drivers and passengers alike.
Below, we’ll go into what exactly highway hypnosis is, how it’s caused, why it’s dangerous, and how to prevent it. If you have been injured in a car accident as a result of highway hypnosis, you may be able to file a personal injury case against the negligent driver who caused the wreck.
The Ohio and Northern Kentucky auto accident attorneys at TLF understand the dangers of highway hypnosis and are here to help ensure you receive the compensation you deserve. Our experienced attorneys have the knowledge and expertise needed to effectively advocate on your behalf and help you achieve the best possible outcome for your case.
Call us toll-free at (800) 698-4054 to schedule a free initial consultation with a member of our legal team today.
Highway hypnosis, also known as “white line fever,” is a mental state in which a person experiences a partial or complete loss of awareness while driving for an extended period of time. This typically occurs when someone is driving on a long but familiar route, like a highway. The monotony of the road combined with a lack of external stimulation can cause a driver to fall into this trance-like state.
During highway hypnosis, a driver may continue operating their vehicle safely, but with decreased attention and awareness of their surroundings. This can increase the risk of accidents as drivers may fail to notice changes in traffic conditions, road hazards, or other important driving cues.
Highway hypnosis occurs as a result of multiple factors that work together and reduce the driver’s attention to the road. Long stretches of highway are incredibly repetitive and monotonous, making them less cognitively engaging. Driving down boring highways for long distances can cause the brain to essentially “auto-pilot” and function without much conscious thought.
As drivers travel along familiar routes at a constant speed, their attention may shift away from the task of driving, leading to a decrease in vigilance and alertness. Additionally, the lack of novel stimuli, like buildings, as well as the lack of external cues, like traffic lights or street signs, can further exacerbate this phenomenon.
The brain can easily perceive the highway as predictable and unchanging, which can lead to brain inattention. This gradual decline in cognitive engagement causes drivers to “zone out” entirely, losing track of time and awareness of their surroundings.
Highway hypnosis and distracted driving are two distinct but related phenomena that can impair a driver’s ability to operate a vehicle safely. Highway hypnosis involves a state of reduced awareness and attention, where the driver’s eyes and hands are engaged in the act of driving, but their mind isn’t entirely involved in the activity.
Distracted driving, however, involves diverting attention away from the task of driving due to external stimuli or activities, where the driver’s eyes, hands, and/or mind are engaged in an entirely different task. For example, texting while driving.
Despite their differences, both highway hypnosis and distracted driving can be the result of boredom behind the wheel. Additionally, both phenomena can compromise a driver’s ability to perceive and respond to potential hazards on the road, increasing the risk of motor vehicle accidents.
Much like distracted driving, drowsy driving is another distinct driving phenomenon that is similar to highway hypnosis. Highway hypnosis is a trance-like state that drivers experience when driving down long, boring roads, but drowsy driving is a state in which a fatigued driver falls asleep momentarily while driving.
Both highway hypnosis and drowsy driving can cause drivers to experience gaps in their memory of the drive but for different reasons. Drowsy drivers often fall asleep for a few seconds while driving, but drivers experiencing highway hypnosis are simply so zoned out that they can’t recall portions of their drive.
Some drivers who experience highway hypnosis feel as if they fell asleep behind the wheel, even though they were technically awake the entire time. Drivers should do what they can to avoid falling asleep and avoid falling into highway hypnosis while operating a vehicle for any amount of time.
It can be difficult to be aware of your mental state once you’ve fully slipped into a trance-like state, but there are some early signs and symptoms of highway hypnosis drivers should look out for when on boring or long stretches of road.
You may be experiencing highway hypnosis if you:
By recognizing these symptoms, drivers can take proactive steps to combat highway hypnosis and maintain alertness when behind the wheel.
While it may not seem like much of an issue, highway hypnosis can be extremely dangerous. When drivers enter a state of highway hypnosis, their attention and awareness become compromised, causing them to be less responsive to external stimuli. This brain inattention increases the risk of accidents as drivers may fail to notice changes in traffic conditions, road hazards, or other critical cues.
Highway hypnosis can also lead to an increased likelihood of drowsiness or fatigue, further exacerbating the risk of collisions. Additionally, the prolonged exposure to monotony and lack of stimulation associated with highway hypnosis can contribute to driver fatigue, which can impair their judgment and decision-making abilities.
Another thing that makes highway hypnosis dangerous is the increased risk of trucking accidents. Semi-truck drivers often drive for extended periods of time on boring, monotonous roads with very few opportunities to stop and take a break. This, combined with the size and weight of these vehicles, makes it incredibly dangerous for these drivers to fall into highway hypnosis and be responsible for a commercial truck accident.
According to the National Highway Traffic Safety Administration, highway hypnosis contributes to tens of thousands of auto accidents across the country every year. Not only that, but they also lead to hundreds of fatal motor vehicle accidents each year.
There are a number of proactive measures that drivers can take to help avoid highway hypnosis. Some of the best ways to prevent highway hypnosis on a long drive include:
By incorporating these preventive measures into your driving routine, you can help reduce the risk of highway hypnosis and ensure a safer journey for you and your fellow motorists.
Highway hypnosis comes into play in many automobile accident injury claims. If a driver causes an accident as a result of highway hypnosis, anyone else who suffered injuries as a result of the accident can sue the negligent driver who caused the crash. However, in order for a victim to recover compensation, there has to be proof that the driver who caused the accident actually behaved negligently.
To establish negligence, attorneys may gather evidence like witness testimonies, police reports, and expert opinions to demonstrate that highway hypnosis played a role in the accident. This could include observations of the driver’s behavior leading up to the crash, like signs of drowsiness or disorientation.
Additionally, if the driver has a history of highway hypnosis or has been previously warned about the dangers of driving while fatigued, this information may also be used to establish negligence.
From a legal standpoint, highway hypnosis may be considered a form of driver negligence if attorneys can show that the driver failed to take reasonable precautions to prevent it. For instance, if the driver knew they were prone to highway hypnosis but did not take breaks or engage in activities to maintain alertness, they may be found negligent.
Personal injury claims involving car accidents and trucking accidents can be extremely complicated, which is why victims of these accidents should discuss their case with an attorney before moving forward. An Ohio or Northern Kentucky personal injury lawyer like those at TLF will know exactly how to evaluate the situation, gather evidence of negligence, and develop a strong case on behalf of the victim.
Victims of accidents caused by highway hypnosis often suffer from severe and catastrophic injuries. If you or a loved one has been injured in a car accident as a result of highway hypnosis, you may be able to recover compensation for losses such as:
At TLF, our experienced Northern Kentucky and Cincinnati car accident lawyers understand the devastating impact that auto accidents can have on victims and their families. That’s why we’re dedicated to providing the residents of Ohio and Kentucky with compassionate support and aggressive legal representation in accident claims.
Dealing with insurance companies can be overwhelming, especially when you are recovering from an injury. Luckily, our attorneys have extensive experience negotiating with insurance adjusters and can advocate on your behalf to ensure that you receive fair and full compensation for your medical expenses, lost wages, and other damages.
Additionally, our legal team has the knowledge and expertise to navigate complex highway hypnosis accident cases. We will conduct a thorough investigation into the circumstances surrounding your accident, gather evidence to support your claim, and build a strong case on your behalf. We will fight tirelessly to hold the responsible parties accountable for their actions and secure the maximum compensation available under the law.
When you choose TLF to handle your highway hypnosis accident case, you can trust that we will stand by your side every step of the way. From the initial consultation to the resolution of your case, our attorneys will work tirelessly to protect your rights and pursue the compensation you deserve.
If you or a loved one has been injured in an accident caused by highway hypnosis, don’t wait to seek the legal guidance and support you need. At TLF: The Medical Injury Law Firm, our experienced attorneys are here to listen to your story, answer your questions, and provide you with the compassionate support and aggressive representation you need.
Don’t let the financial burden of your injuries hold you back from seeking justice. Contact TLF today to schedule your free consultation and take the first step toward the compensation you deserve. Your road to recovery starts here.
Call our Kentucky office at (859) 898-2472 or call our Ohio office at (513) 643-1689. You can also call us toll-free at (800) 698-4054 or contact us online to schedule your free consultation with an accident attorney on our team today.
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]]>The post Why Insurance Companies and Defense Lawyers Spy on You During Lawsuits and How You Can Protect Yourself appeared first on The Lawrence Firm, PSC.
]]>When an injury causes a lawsuit, a defendant’s insurance company or lawyer might spy on you. The insurance company’s goal of surveillance is to find any evidence that shows you are not as severely injured as you claim. Therefore, they owe you less money.
When you are injured as a result of someone else’s negligence, a lawsuit will help you recover damages for the losses the injury caused. Damages help pay for medical bills that you incur as a result of the injury and future medical costs. Sometimes, insurance companies and defense attorneys will try to gather information to undermine the validity or severity or your injury. This tactic is used to minimize your claim or to decrease your damages. For example, if you have a terrible leg injury from a personal injury incident. In that case, the insurance company might be surveilling you as you are out in public to photograph or videotape you performing an activity that might belittle your injury. The insurance company could argue that the photo of you loading groceries into your car shows that your leg functions correctly and can maneuver heavy loads.
Denfense attorneys and insurance companies want to find any visual or audio evidence showing a diminished severity of your injury. They often hire private investigators for this purpose. They will use:
It is legal for private investigators hired by insurance companies or defense lawyers to survey you in public spaces. However, if a private investigator has surveiled you in a place that is considered private, like inside your home or in a fenced backyard, this would be illegal. In those spaces, there is a reasonable expectation of privacy, and if investigators interfere with that, then they are breaking privacy laws.
What is legal?
Illegally obtained evidence is inadmissible in court—Misseldine v. Corporate Investigative Servs., 2003-Ohio-2740 (Ohio 2003), demonstrates the Ohio Supreme Court’s interpretation of illegally obstained surveillance evidence. The court found when investigators took a subject’s garbage to look through, this was an invasion of privacy. Only garbage collectors have permission to enter a person’s property and take their trash.
In another case, State ex rel. Keebler Co. v. Indus. Comm., 2012 Ohio 2402 (10th Dist. 2012), an Ohio appeallate court held that an insurance company must prove the weight and credibility of the evidence they collected from surveillance. In Keebler Co., investigators filmed an individual who had a workplace injury. The investigators filmed her riding a lawn mower in her yard and cleaning a pool with a skimmer. The insurance company used this datas to support an argument that the worker was not as injured as she claimed.
To the possibility of your serious injuries being questioned or misinterpreted, do not share anything about your case (legal or health progress or details, etc.) on websites, blogs, or social media platforms. Furthermore, do not try to push your physical activity limits. Evidence that you have not followed doctors’ orders may be detrimental to your claim.
It is essential to take the proper steps to protect yourself from evidence that could diminish your claim because it is either misinterpreted or misconstrued. Make sure you are following your physician’s advice. Follow thge recommendations of your healthcare providers concerning rest and physical activities. You should also protect your online information. To do this, keep your social media accounts private and do not accept friend requests from strangers. Avoid posting any information about the incident or your recovery online. Remember to ask a lawyer about your rights. If someone is unlawfully surveilling you, contact your lawyer and the police. Your rights and safety are of the utmost importance
Here at TLF, our team of experienced attorneys has decades of experience handling personal injury lawsuits and advising clients on the potential for surveillance by insurance companies. We will conduct a thorough investigation into your claim, carefully examining all relevant details, and advise you if there is a possibility that an insurance company is spying on you. We want to ensure that no one will question the severity of your claim.
To gain more insight into medical malpractice cases and insurance surveillance, call us toll-free at (800) 698-4054 or contact us online to schedule a consultation with one of our medical malpractice lawyers.
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]]>The post What Are Never Events? appeared first on The Lawrence Firm, PSC.
]]>At TLF: The Medical Injury Law Firm, we recognize the profound importance of understanding Never Events, not only in regard to patient safety and healthcare standards but also as a crucial aspect of medical malpractice law. Our commitment is to shed light on these egregious errors, helping clients navigate the complexities of such cases and advocating for accountability and improvement in healthcare practices.
Patients trust their healthcare providers to help their conditions improve, not get worse. That’s why the Northern Kentucky and Ohio medical malpractice lawyers at TLF: The Medical Injury Law Firm aggressively fight for clients who have suffered injuries from negligent medical care. If you or a loved one has been the victim of a Never Event, let us fight for you.
To learn more about how our compassionate medical malpractice attorneys can help, schedule a free consultation by calling (800) 698-4054 or complete our online intake form today.
The term “Never Events” was first coined in 2001 by Dr. Ken Kizer, former CEO of the National Quality Forum. Since then, it has become a critical part of understanding patient safety and medical errors. Originally, this term, also called serious reportable events, was used to describe particularly shocking medical errors that were clearly identifiable and measurable, serious, and usually preventable, such as surgery on the wrong patient or limb.
A comprehensive list of Never Events was first published by the National Quality Forum in 2002 and has been updated several times to include new adverse events and applicable settings. The latest update was published in 2011 and added Never Events involving radiologic adverse events.
Over time, the definition of Never Events has evolved and expanded into distinct categories, encompassing surgical, product/device, patient care management, patient protection, environmental, radiologic, and criminal events. These serious reportable events include specific instances like wrong-site surgery, death or injury due to medication error, and patient suicide or attempted suicide on hospital premises.
Never Events encompass a range of serious, preventable medical errors and are broken down into various categories. From surgical errors to patient care oversights, environmental hazards, and even criminal acts within healthcare settings, this section categorizes and details the various types of Never Events, according to the 2011 Serious Reportable Events Update published by the National Quality Forum.
Surgical events are preventable incidents that should never happen if proper safety protocols are followed during a surgical procedure. Examples of surgical Never Events include:
Product or device events usually result from a combination of human error and equipment failure. When devices are used other than as intended, patient death can occur. Examples of product or device events include:
Patient protection events compromise patient safety, particularly regarding patient protection and security. These events are especially concerning as they involve vulnerable individuals under the care of healthcare professionals. Examples of these serious adverse events include:
Care management never events are preventable mistakes made during the management and provision of patient care. Examples include:
Environmental events are caused by failures or hazards within the physical environment of healthcare facilities. This type of never event poses significant risks to patient care and safety. Examples of these serious reportable events include:
Radiological adverse events were added in 2011 to the comprehensive list of Never Events. When death or serious injury of a patient or staff member results from the introduction of a metallic object into the MRI area, it’s considered a Never Event.
Criminal events are unlawful or unethical actions within health care organizations, constituting serious breaches of patient safety and trust. This Never Event involves intentional misconduct, often with significant legal implications. Examples include:
The impact of Never Events on patients and families extends far beyond physical harm, resulting in profound emotional and long-term consequences. Physically, patients may suffer from worsened medical conditions, require additional surgeries or treatments, and, in severe cases, face permanent disability or wrongful death. The emotional toll is equally significant, with patients and their families often experiencing a deep sense of betrayal, loss of trust in the healthcare system, anxiety, and trauma, leading to long-lasting psychological impacts like depression and post-traumatic stress disorder.
These events can also drastically alter the quality of life for both patients and their families, potentially resulting in chronic pain, disability, loss of income, and ongoing medical care or rehabilitation. The ripple effect of Never Events is why it’s crucial to work with an experienced medical malpractice attorney to ensure patients and their families recover the compensation they deserve. If you’ve suffered the consequences of a Never Event, contact the Ohio and Northern Kentucky medical malpractice attorneys at TLF: The Medical Injury Law Firm today.
Never Events are clear instances where standards of medical care are breached. Legally, they are considered strong evidence of negligence, as these events are typically preventable and occur due to significant lapses in safety protocols, oversight, or due diligence by healthcare providers. Ethically, they represent a profound violation of the duty of care owed to patients.
A Never Event in a medical malpractice claim often shifts the burden of proof, requiring healthcare providers to demonstrate that the standard of care was not breached. This legal perspective reinforces healthcare providers’ duty to maintain the highest standards of care, ensuring patient safety and preventing such grievous errors. The legal ramifications for institutions and individuals involved in Never Events can be severe, including lawsuits, financial penalties, loss of licensure, and damage to professional reputation.
If you or a loved one have been affected by a Never Event, the next steps are crucial not only for the victim’s health, but also from a medical malpractice claim standpoint. The first step should always be to seek necessary medical assistance to address any immediate health concerns and mitigate further harm. It’s important to keep up with all documentation relating to the incident, including medical records, witness statements, and any communication with healthcare providers.
Since Never Events are preventable, they are often eligible for medical malpractice claims. Victims of these incidents should obtain legal counsel from an experienced medical malpractice attorney to ensure the best possible outcome.
At TLF: The Medical Injury Law Firm, we understand the challenges of medical malpractice cases and are committed to thoroughly examining every detail, from medical records to procedural protocols, to establish a strong foundation for your claim. Our experience in representing victims of Never Events is grounded in a deep understanding of Ohio and Kentucky healthcare laws and standards of care, which enables us to effectively advocate for your rights.
The Ohio and Northern Kentucky malpractice attorneys at TLF are confident in our pursuit of justice and compensation for our clients. Our goal is not only to secure the financial compensation you deserve but also to hold responsible parties accountable. This allows our clients a sense of closure while contributing to the prevention of similar occurrences in the future.
Receiving medical treatment or undergoing a surgical procedure is stressful enough without worrying about whether or not you’re in good hands. Our Ohio and Northern medical malpractice attorneys are committed to providing you with the support, guidance, and representation you need during this challenging time.
We offer a free consultation to discuss your case, understand your situation, and outline how we can help seek justice and compensation for you. To learn more about how the compassionate medical malpractice lawyers at TLF: The Medical Injury Law Firm can help, call (800) 698-4054 or complete our online intake form today. You can also reach our Kentucky office at (859) 578-9130 or our Ohio office at (513) 651-4130.
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]]>The post TLF Attorneys Recgnized by SuperLawyers 2024 appeared first on The Lawrence Firm, PSC.
]]>Only 5% of attorneys are recognized as Super Lawyers and only 2.5% of attorneys are Rising Stars, an honor for attorneys age 40 or younger or attorneys practicing for 10 years or less.
In addition to her Super Lawyers distinction, TLF partner Jennifer Lawrence was named one of the Top 25 Kentucky Women Lawyers for 2024!
2024 Kentucky and Ohio Super Lawyers
2024 Kentucky and Ohio Super Lawyers Rising Stars
Each year, Super Lawyers evaluates lawyers nationwide. Candidates are measured against 12 indicators of peer recognition and professional achievement. Nominees from more than 70 practice areas are considered. The patented multiphase selection process is rigorous and includes:
Lawyers are selected to Super Lawyers lists in all 50 states and Washington, D.C.
We are proud of our attorneys’ Super Lawyers recognitions.
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]]>The post Stroke Treatment Failures: Navigating Stroke Malpractice Claims appeared first on The Lawrence Firm, PSC.
]]>If your loved one has suffered from a delayed or improper stroke diagnosis, you may have grounds to file a stroke medical malpractice claim. The Ohio and Kentucky medical malpractice attorneys at TLF: The Medical Injury Law Firm are here to help you understand your rights and guide you through the legal process, ensuring you receive compensation for your losses.
Call our law firm toll-free at (800) 698-4054 and schedule a free consultation with a member of our team to discuss your potential medical malpractice lawsuit.
A stroke is a sudden disruption of blood flow to the brain, either due to a blockage or uncontrollable bleeding, which, if left untreated, can damage a person’s brain cells or even lead to death. There are two main types of strokes people can suffer from, known as ischemic strokes and hemorrhagic strokes.
An acute ischemic stroke is a stroke caused by a blood clot or atherosclerotic plaque. This plaque is a buildup of fatty substances in the blood, which can cause the blood vessels to thicken, restricting blood flow.
Ischemic strokes are the most common type of stroke, accounting for the majority of stroke cases. The severity of these strokes depends on factors such as the size and location of the affected blood vessels in the brain.
A hemorrhagic stroke occurs when a blood vessel in the brain ruptures, leading to bleeding within or around the brain tissue. This rupture can be caused by conditions such as an aneurysm, arteriovenous malformation, or hypertension, which can weaken the walls of various blood vessels.
An intracerebral hemorrhage is a specific type of hemorrhagic stroke that occurs when there is bleeding inside the brain tissue itself. This occurs when a blood vessel within the brain ruptures, leading to the release of blood into the surrounding brain tissue. The accumulated blood creates pressure, causing damage to brain cells and potentially leading to neurological deficits.
A subarachnoid hemorrhage (SAH) is a type of hemorrhagic stroke that occurs in the subarachnoid space, which is the space between the brain and the thin, outer membrane that covers it. This type of stroke frequently occurs when an intracranial aneurysm ruptures, causing blood to be released into the subarachnoid space. Like with an intracerebral hemorrhage, this buildup of blood can also generate pressure, which can severely damage the brain.
A transient ischemic attack (TIA), often referred to as a “mini-stroke,” is a temporary disruption of blood flow to the brain, resulting in stroke-like symptoms. TIAs typically last for a short duration, usually somewhere between a few minutes and a couple of hours.
These mini-strokes are caused by a temporary blood clot or blockage, and while the symptoms typically resolve on their own, they often serve as a warning sign for a potential impending stroke. Unlike a full stroke, TIAs do not cause permanent brain damage, but they still require prompt medical evaluation to prevent future, more serious strokes.
Strokes have various common causes and risk factors that contribute to their occurrence. Hypertension (high blood pressure) is a major risk factor for both types of strokes, weakening blood vessel walls and increasing the likelihood of clots or vessel ruptures. Other risk factors include atrial fibrillation, a heart rhythm disorder that can lead to blood clots, and atherosclerosis, which causes a buildup of fatty deposits in the arteries.
Lifestyle factors such as smoking, excessive alcohol consumption, a sedentary lifestyle, and an unhealthy diet high can also increase someone’s stroke risk. Additionally, age, gender (men are generally at higher risk), genetics, and certain medical conditions, such as diabetes, could increase a person’s susceptibility to strokes.
It’s important that everyone knows the signs and symptoms of an acute stroke. Primary stroke symptoms include:
Those with a drooping face may have difficulty closing or blinking one of their eyes and may not be able to move one-half of their mouth. Those with arm or leg weakness may not be able to walk properly or may not be able to hold both of their arms up for 10 seconds. Those who are slurring their speech may have difficulty speaking normally or understanding what is being said to them.
The easiest way to remember the signs of a stroke is by acting F.A.S.T.:
If you notice someone presenting ANY of these signs, you need to call 911 and request an ambulance for them as soon as possible. Be sure to mention that you believe that they are having a stroke. Prompt medical treatment can help prevent impending strokes or limit damage from the stroke.
There are a number of treatment options for strokes, with treatments varying depending on the type of stroke, the severity of the stroke, the location of the stroke, and the amount of time from the onset of symptoms.
Thrombolytic therapy is a medical intervention used to treat ischemic strokes. It involves administering an intravenous tissue plasminogen activator (tPA), a clot-busting drug, to dissolve blood clots that may be blocking blood flow to the brain. This therapy aims to restore blood circulation quickly, reducing the severity of a stroke and potentially preventing long-term damage.
However, thrombolytic therapy can only be administered within a narrow window of time, and a lack of treatment could be fatal. When patients suffer brain damage or die as a result of delayed delayed tPA treatment, the patient’s family members may be able to file a medical malpractice case against the emergency medical personnel who failed to treat their loved one.
Mechanical thrombectomy is a specialized procedure used in stroke treatment to remove blood clots from large blood vessels in the brain. This technique typically involves the use of a stent retriever, a flexible, catheter-based device, which can be threaded through the blood vessels to physically grab and remove the clot.
Mechanical thrombectomy is particularly effective for certain ischemic strokes caused by large vessel blockages, and it is often performed in conjunction with other stroke treatments. Like thrombolytic therapy, the success of a mechanical thrombectomy is highly time-dependent, and a failure to provide prompt treatment could result in a medical malpractice suit.
In the context of treating stroke, aneurysm clipping is an invasive procedure used to stop cerebral aneurysms and prevent intracerebral hemorrhagic strokes. An aneurysm is a bulge or ballooning in the wall of an artery. If the aneurysm occurs in the brain, it can rupture and cause a hemorrhagic stroke.
During the procedure, a metal clip is placed around the swollen artery, preventing more blood from reaching the aneurysm and decreasing the risk of rupture. Aneurysm clipping is a well-established method for securing and treating certain types of cerebral aneurysms, offering a long-term solution to reduce the likelihood of future bleeding events.
Coiling, or endovascular embolization, is a minimally invasive procedure that is also used to treat cerebral aneurysms and prevent hemorrhagic strokes. During this intervention, healthcare professionals guide a catheter through the patient’s blood vessels to the aneurysm site and place small platinum coils within the aneurysm sac.
These coils induce blood clot formation, sealing off the aneurysm and preventing it from rupturing. Coiling is an effective alternative to surgical clipping and is associated with fewer surgical risks and a shorter recovery time for some patients.
If a patient suffers from a hematoma, which is a collection of blood in the brain, they could easily suffer from a stroke in the future. A craniotomy for hematoma removal is a surgical procedure performed to remove the hematoma and prevent further injury.
During the procedure, a section of the skull is temporarily removed to access the hematoma. The emergency physician will then remove the accumulated blood, relieving pressure on the brain. Craniotomy for hematoma removal is crucial for managing life-threatening situations caused by bleeding within the brain and aims to minimize neurological damage associated with a stroke.
In addition to the above interventions, certain medications can be prescribed to patients with a risk of stroke. Below are the two most common types of stroke-preventing medications that healthcare professionals provide their patients with.
Antiplatelet drugs are medications that prevent blood platelets from accumulating and forming blood clots. Unlike clot-busting medications like tPA, antiplatelet drugs are not designed to stop a stroke after it has occurred, but rather prevent a stroke from happening in the first place. Drugs like aspirin or clopidogrel are often prescribed to prevent the recurrence of ischemic strokes.
By hindering platelet activity, antiplatelet drugs reduce the likelihood of blood clot formation in the arteries, helping to maintain or restore proper blood supply to the brain. These medications are commonly used for both acute and long-term management of ischemic stroke and are an essential component of stroke prevention strategies.
Similar to antiplatelet drugs, anticoagulants are medications that prevent or delay the blood clotting process. Anticoagulants such as warfarin or direct oral anticoagulants (DOACs) are designed to interfere with the body’s coagulation factors.
These drugs are particularly useful for individuals with conditions like atrial fibrillation, where there’s an increased risk of clot formation in the heart that could lead to a stroke. Anticoagulants help to reduce the risk of ischemic strokes by preventing the formation of clots in the bloodstream, but they require careful monitoring due to the potential for bleeding complications.
Even after receiving treatment from emergency medicine personnel, many stroke patients still require a great deal of post-stroke care and rehabilitation to return to a relatively normal state. Common post-stroke care options include:
Without these post-stroke interventions, patients may suffer from serious, long-term changes to their abilities like walking, working, and speaking.
Timely stroke diagnosis is incredibly important to ensure that patients receive timely and effective stroke interventions. Stroke is a medical emergency where every minute counts, and delays in diagnosis can cause patients to suffer from serious and irreversible neurological damage.
If a patient is suffering from an ischemic stroke, they only have a limited amount of time in which they can receive a clot-busting drug like a tissue plasminogen activator. This kind of treatment can save the patient’s life and decrease the severity of any damage done.
A failure to treat a patient with this kind of life-saving medication could result in serious complications or even wrongful death. The same goes for many treatments for hemorrhagic strokes. Victims of this kind of medical negligence often file medical malpractice lawsuits against the healthcare professionals responsible for the delay in treatment.
However, a correct diagnosis is just as important as a timely one. For example, if a patient is suffering from a hemorrhagic stroke, and they are given tPA, the patient could suffer from more severe bleeding as a result of the drug’s clot-busting capabilities. Any complications related to an incorrect stroke diagnosis could also lead to a medical malpractice suit.
When medical professionals fail to timely diagnose or treat a stroke promptly and accurately, the consequences can be devastating. Not only can strokes cause lifelong neurological damage, but they can also be deadly, leaving the family members of the victim to handle the aftermath of the incident while grieving the loss of their loved one. Luckily, these victims don’t have to fight alone.
Since medical malpractice firms have specialized knowledge in both the medical and legal fields, they can effectively identify and prove instances where medical professionals fail to adhere to standard care practices. Using this knowledge, they can assist victims in securing compensation for medical expenses, rehabilitation costs, lost wages, and non-economic damages like pain and suffering.
A medical malpractice law firm will conduct a systematic review of the patient’s case, evaluating past medical records and consulting with medical experts to uncover any deviations from standard care. From there, they can guide the patient or the patient’s family through every step of the legal process, ensuring they understand their rights and options.
Medical malpractice suits can be complicated and stressful, but a skilled lawyer will strive to make the journey as stress-free as possible, allowing their clients to focus on recovery. Using this compassionate and professional approach, medical malpractice attorneys can provide victims with the legal representation and support they need through this tough time.
As you face the challenges brought on by a stroke that was mishandled or misdiagnosed, remember you are not alone. The Ohio and Northern Kentucky Stroke Malpractice Lawyers at TLF: The Medical Injury Law Firm are here to stand with you.
With our compassionate approach to these cases and our long history of successful lawsuits, you can trust us to protect your rights and ensure that your voice is heard. Don’t let medical negligence add to your burden–let us review your case, provide you with informed legal guidance, and map out a path towards the compensation and justice you deserve.
We can handle medical malpractice litigation in both Ohio and Northern Kentucky, so contact our office closest to you. You can call our Kentucky office at (859) 898-2472 or our Ohio office at (513) 643-1689. You can also call us toll-free at (800) 698-4054 or contact us online to schedule a free consultation with a member of our experienced legal team today.
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]]>The post What are Incapacitating Injuries? appeared first on The Lawrence Firm, PSC.
]]>If you were injured in an accident, the Northern Kentucky and Ohio personal injury attorneys at TLF: The Medical Injury Law Firm are here to help. If you’re interested in filing a personal injury lawsuit for your incapacitating injury, contact our experienced team of attorneys by calling (800) 698-4054 or completing our online intake form today.
An incapacitating injury is a severe physical or psychological condition that significantly impairs an individual’s ability to carry out normal daily activities or perform essential functions. This non-fatal injury often results in temporary or permanent disability, necessitating medical treatment, rehabilitation, and support. Some examples of incapacitating injuries are neck injuries, spinal cord injuries, and serious head injuries like a traumatic brain injury.
Incapacitating injuries can profoundly impact a person’s life, affecting mobility, independence, and overall well-being. They may vary in nature and severity but typically result in a substantial loss of physical or mental functioning.
The KABCO Injury Scale is a system used to categorize and assess the severity of injuries in emergencies, particularly in mass casualty incidents or disasters. This scale is used by the Federal Highway Administration (FHWA). It is a simple and quick way for first responders, medical professionals, and disaster management personnel to classify injuries based on severity.
This injury scale can also help an accident victim who wishes to file a personal injury claim against the responsible party. For example, if you suffered severe injuries that left you unable to leave the scene unassisted, you would be labeled with an “A.” This means that your serious injury is considered incapacitating, which will have a higher personal injury claim payout than a minor injury.
The KABCO Scale differs according to your state. Each state defines what is considered fatal, incapacitating, non-incapacitating, possible, and okay (none detected). The KABCO injury definition for incapacitating injuries is: “Any injury, other than a fatal injury, which prevents the injured person from walking, driving or normally continuing the activities the person was capable of performing before the injury occurred. Often defined as ‘needing help from the scene.”
In Kentucky, the KABCO definition of incapacitating injuries slightly differs from the Ohio definition. It provides more details on types of injuries that fall under incapacitating. The Kentucky KABCO injury definition for incapacitating injuries is: “Any non-fatal injury which prevents the person from walking, driving, or normally continuing the activities he/she was capable of performing prior to the collision and does require medical attention. Include severe lacerations, broken limbs, skull fracture, internal injuries, unconsciousness when leaving the scene, or inability to leave the scene without assistance.”
Incapacitating injuries and catastrophic injuries represent two distinct levels of severity injuries. Incapacitating injuries, while significant, primarily disrupt an individual’s ability to perform daily routines and tasks. These injuries can result in temporary or, in some cases, permanent disability but often do not entail the profound and life-altering consequences associated with catastrophic injuries. Typically, individuals with incapacitating injuries require medical treatment, therapy, and support to regain their functional abilities, and the impact on their overall quality of life may vary.
On the other hand, catastrophic injuries bring about severe and usually permanent loss of physical or cognitive function, deeply affecting an individual’s ability to lead an independent life. A catastrophic injury may require extensive medical intervention, long-term rehabilitation, and ongoing support to manage the resulting disabilities.
If you believe you have a catastrophic injury claim, the personal injury attorneys at TLF: The Medical Injury Law Firm can help recover financial compensation and ensure those responsible are held accountable.
Listed below are some of the more common examples of incapacitating injuries:
While some of the incapacitating injuries listed above may not seem serious enough to fall under this category, they can have life-altering effects depending on their severity. For example, when broken or distorted limbs affect the surrounding nerves and muscles, injury victims can be left with permanent disabilities.
In addition to incapacitating injuries, the KABCO Injury Scale defines fatal injuries, non-incapacitating injuries, and possible injuries.
The definition of fatal injuries may appear obvious, but KABCO defines what injuries are considered fatal. According to their definition, a victim who has suffered fatal injuries has died within 30 days of the accident.
You can file a wrongful death lawsuit against the at-fault party if your loved one passed following an accident. At TLF: The Medical Injury Law Firm, we know how emotional this time can be for a family, which is why we approach each wrongful death claim with compassion and understanding. If you’ve lost a loved one in an accident caused by another’s negligence, the Northern Kentucky and Ohio wrongful death attorneys are here to help.
A non-incapacitating injury is one where the injured person has sustained significant bodily harm that is not serious enough to cause disabilities. Some non-incapacitating injuries examples include:
It’s important to note that even minor injuries may warrant medical attention. These injuries can also result in lost wages due to missing work for medical treatments as well as hefty medical bills. An injured person suffering from a non-incapacitating injury still has the right to compensation for damages. While the payout will not be as much as a severe injury, you can still file a personal injury claim to recover damages caused by the accident.
“Possible injuries” are also defined by the same KABCO injury scale. A possible injury is not an evident injury to the first responders but is based on the injured person’s claims. Other states consider a possible injury as a suspected serious injury. Some possible injuries examples are:
Depending on the severity of the car accident, a possible injury can become more serious, especially when the injured person doesn’t seek medical treatment. Following a car accident, the adrenaline causes many injury victims to skip the emergency room because they feel fine. However, once that adrenaline wears off, the pain can become unbearable. So, while you may not think you need immediate emergency care for your suspected serious injury, it’s important to seek medical care regardless of the injury severity.
Following serious motor vehicle accidents resulting in incapacitating injuries, victims can face the daunting aspect of lost wages, costly medical bills, and more. Someone who has suffered incapacitating injuries may also have a long recovery ahead that can take weeks, months, or even years. If they sustain incapacitating injuries like neck or spinal cord injuries, they may never recover fully.
In addition to the physical severe injuries an injured person can receive following a motor vehicle accident, they can also suffer psychological and emotional damages, like PTSD, resulting in years of counseling and therapy.
If you’ve suffered an incapacitating injury following an accident, you likely have a long road of recovery ahead of you. Not only can these incapacitating injuries put you in the hospital for a long time, but those bills, coupled with being unable to work, can result in a financial nightmare.
When a negligent party is responsible for your incapacitating injury, you deserve financial compensation for damages. You should not be forced to foot the bill when someone else caused your injuries. At TLF: The Medical Injury Law Firm, our experienced personal injury attorneys have the knowledge, skill, and legal resources to help you file an incapacitating injury claim and are more than prepared to help you fight for fair and just compensation.
An incapacitating injury can be life-changing. Many accident victims who have suffered incapacitating injuries face temporary or permanent disabilities. If they can recover from their injuries, it can take months or years of extensive medical and rehabilitative care.
If you’ve suffered an incapacitating injury, the Northern Kentucky and Ohio personal injury attorneys from TLF: The Medical Injury Law Firm will use their experience to ensure you receive fair compensation. Our law firm has represented clients for over 50 years in various medical malpractice and personal injury claims, so you know when you choose TLF, you’re getting the best legal representation available.
To schedule a free consultation with one of our experienced personal injury attorneys, call us toll-free at (800) 698-4054 today. You can also reach our Kentucky office at (859) 578-9130, our Ohio office at (513) 651-4130, or contact us online to get started.
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]]>The post Expert Witnesses in Medical Malpractice Cases: Their Role and Importance appeared first on The Lawrence Firm, PSC.
]]>A medical malpractice case is a complex legal battle that often requires the legal skill, resources, and knowledge of an experienced medical malpractice attorney. At TLF: The Medical Injury Law Firm, our attorneys understand the challenge of representing clients in medical malpractice cases. One of these challenges is proving that the doctor or other healthcare professional did not exercise the standard duty of care that a professional in the same or similar circumstances would have provided. That is where an expert witness comes in.
When you work with the Northern Kentucky and Ohio medical malpractice attorneys at TLF: The Medical Injury Law Firm, you can trust that your legal team will fight aggressively for your rights and ensure that those at fault are held responsible for their actions. Doctors, nurses, and other healthcare professionals have an enormous task when caring for their patients. Even a minor slip-up can have catastrophic consequences for a patient.
To discuss your medical malpractice claim with one of our compassionate attorneys, call TLF: The Medical Injury Law Firm at (800) 698-4054 or complete our online intake form today.
In a medical malpractice case, an expert witness is an individual with specific knowledge, experience, or training in a particular medical field relevant to the case they’ve been called to testify for. A medical expert witness can provide their opinions, especially regarding their field’s medical standard of care. An expert witness can also offer insight into the defendant’s actions and the victim’s injuries and damages.
Most medical malpractice lawsuits are extremely difficult litigations and are challenging for the plaintiff to win. Expert testimony regarding the standard of care, causation and damages is required in a medical negligence case. In other words, an expert physician, nurse or other medical professional is required tor prove that the defendant acted negligently when providing care. When it comes to causation, a physician is required to testify that a medical provider’s negligence was the cause of a given injury.
Medical malpractice expert witnesses can come from many different professional backgrounds. The most common medical expert witnesses are:
When your attorney chooses an expert witness for a medical malpractice case, they’ll find a medical professional who works in the same field as the defendant. A medical expert witness must be familiar with the situation that occurred and the medical standard of care. A medical malpractice witness does not necessarily have to work as a practicing doctor; it can also be a professor teaching at a medical school.
As mentioned above, expert witnesses can work in several different professions as long as they meet the state’s qualifications for an expert witness. Most states have their own set of requirements when approving expert witnesses.
According to the Federal Rule of Evidence 702, a witness who has met expert qualifications based on their knowledge, experience, skill, education, or training can testify with an opinion on if:
An expert witness in a medical malpractice case must meet certain requirements established within the state they are testifying. In Kentucky, a medical malpractice expert witness must meet the qualifications outlined in Kentucky Revised Statute 702. An expert witness in Kentucky can provide their opinion if their testimony is based on sufficient facts and data, it’s the product of reliable methods and principles, and they’ve applied those methods and principles to the facts of the case.
Ohio has more in-depth laws regarding the qualifications of expert witnesses. According to Ohio Revised Code Section 2743.43, medical malpractice witnesses in Ohio must meet the following criteria in order to provide expert testimony on liability issues:
Expert witnesses are crucial to pursuing lawsuits like medical malpractice cases. Judges and jury members are more likely to trust an expert witness due to their authority and credibility. Expert witness testimonies often carry more weight as a qualified professional in the medical field or other specialized fields, especially when the information they’re providing goes beyond the scope of common knowledge. It’s critical that an expert witness is able to clearly and easily explain and communicate complex ideas, which helps strengthen their credibility.
At TLF: The Medical Injury Law Firm, our Covington, Dayton, and Cincinnati medical malpractice attorneys understand the importance of a qualified expert in proving liability in medical malpractice cases. Since a medical malpractice lawsuit involves extensive knowledge and understanding of medical procedures and care, an expert witness can break it down in a way that the jury and the judge can easily understand.
The testimony of medical experts is crucial when establishing negligent actions occurred. A medical expert witness will:
An expert witness in a medical malpractice case should work or have worked in the same medical field as the defendant. For example, if your medical malpractice lawsuit is for birth injuries, the expert witness should work in obstetrics.
Medical professionals used as expert witnesses are often considered highly qualified in their field. To be considered an expert, a doctor or healthcare professional must have years of experience working in that specialty, which also helps strengthen their credibility. They can give examples of similar scenarios where they acted differently, following the required standard of care, which led to their patient being properly treated.
One of the medical experts’ most important responsibilities as witnesses in malpractice cases is explaining the medical standard of care. They can provide specific insight into the level of care patients should receive and explain how that lack of care led to injuries.
Everyone in the medical profession is expected to provide their patients with a certain level of care. An expert witness can give insight into what an equally competent doctor or medical professional would have done in the same situation the defendant presented.
For example, if a plaintiff alleges their doctor’s negligence led to a cancer misdiagnosis. The medical expert can testify to what an equally trained doctor would have done in that same situation. If the defendant’s misdiagnosis was due to not running standard diagnostic tests, the expert witness could prove that they failed to meet the standard of care.
Like all personal injury cases, medical malpractice hinges on negligent actions. The expert witness testimony is responsible for proving that the defendant was negligent, which led to the plaintiff’s injuries.
Your Northern Kentucky or Ohio medical malpractice lawyer will work with medical experts to establish that the four elements of medical negligence occurred. Those four elements, also called the four D’s of negligence, are listed below:
Not all medical malpractice cases need an expert witness.Cases that don’t require an expert witness often fall under the “res ipsa loquitor” rule, Latin for “things speak for itself.” When a medical malpractice case falls under this rule, no one other than the doctor or healthcare provider could have been responsible for the injuries or harm.
As a general rule, most all medical negligence cases require medical expert testimony. Common medical malpractice cases that the attorneys at TLF: The Medical Injury Law Firm have represented and worked with medical experts include those involving:
The medical malpractice attorneys at TLF: The Medical Injury Law Firm have over 50 years of experience handling medical and personal injury cases for residents throughout Northern Kentucky and Ohio. In addition to our knowledgeable team of attorneys, we also have medical personnel on staff to assist with all of our medical malpractice cases.
As a law firm that has worked extensively in medical malpractice litigation, TLF has developed a reputation throughout the medical community and established relationships with many leading medical experts throughout Kentucky and Ohio. Our experience allows us to take on cases that many other law firms would turn down due to their complexities.
If you have a medical malpractice case, contact the experienced Northern Kentucky and Ohio attorneys at TLF: The Medical Injury Law Firm. With over 50 years of experience, you can trust that your medical malpractice attorney will fight relentlessly for your rights and ensure the responsible party pays for their actions.
To schedule a free consultation with one of our medical malpractice attorneys, call TLF: The Medical Injury Law Firm today. You can reach our Ohio law office at (513) 651-4130, our Kentucky law office at (859) 578-9130, or toll-free at (800) 698-4054. We look forward to hearing from you.
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