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Posted by on 1-01-17 in Employment Rules | 0 comments

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Posted by on 10-10-16 in Workplace Hazards | 0 comments

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Airplane Accidents Due Either to Pilot Error or Air Traffic Controller Error

Posted by on 6-06-16 in Injury | 0 comments

Airplane Accidents Due Either to Pilot Error or  Air Traffic Controller Error

In 2014, the International Air Transport Association received reports of 38 million flights which transported about 3.3 billion people to different parts of the globe. From 2011 to 2013, yearly share of passengers from the U.S. were 734 million, 739 million and 744 million, respectively.

Though aviation accidents happen, their number have always been minimized, making transportation authorities, including those from the Aviation Safety Network, the U.S. Department of Transportation and the Federal Aviation Administration, agree that air travel is the safest and fastest means of transportation in the country and around the world.

There are different causes of aviation accidents; the two most recurring, however, are pilot error and air traffic controller error. Pilot error, which tops the list, includes oversights, mistakes in operation, and lapses in judgment. These usually result to:

– Navigational errors;
– A pilot causing a plane to head into a storm’s path;
– Failure to follow directions given by air traffic controllers, especially during takeoff or landing;
– Failure to regularly check or correctly read cockpit instruments;
– Failure to extend flaps during takeoff; and,
– Disconnecting of the autopilot intentionally or accidentally.

When comparing the number of mistakes committed in the cockpit and in the control tower, one would be overwhelmed to know that so many more mistakes are committed in the control tower. In 2012 alone, the Federal Aviation Administration (FAA) discovered 4,394 errors in the 132 million flights handled by air traffic controllers (ATCs); 41 of these errors were serious and could have had disastrous endings.

The main concern of air traffic controllers is to ensure safety in commercial and private aircraft operations by: coordinating their movements to make sure that they are safely distanced from one another; directing them during landing and takeoff; and, guiding them around bad weather. These tasks are definitely not as easy as they sound, especially during peak air travel times, when about 5,000 planes are in the sky every hour.

As stated by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., pilots, manufacturers and airline companies are expected to do all that they can to ensure the safety of airplane passengers. If any of these parties fail to uphold their responsibilities, though, then results can be catastrophic. While nothing can undo the suffering that victims and their loved ones experience, taking legal action can go a long way towards helping them pursue the compensation they need to cover the costs of the accident and secure the much needed closure.


Posted by on 3-03-16 in Medical Malpractice | 0 comments

Amber Taylor, a former patient of Dr. Sean Orr, a team doctor for the National Football League’s Jacksonville Jaguars, was diagnosed by Orr as having multiple sclerosis, a condition that can destroy the central nervous system, intercept signals from the brain to the body, and in worst cases, cause paralysis.

Taylor said Orr put her on injections that were worth $5,000 per month called Copaxone, which left stinging welts all over her body and made her lose her breath, caused her throat to tighten, and burned her throat.

United States attorney for the Middle District of Florida, Lee Bentley, said Orr was a conman who “was able to convince patients who trusted him that they had [multiple sclerosis] and other debilitating neurological diseases and disorders”, with 65% misdiagnoses of MS and an error rate of 90% of other neurological disorders that Bentley deemed “was not simple error” but was the work of “a conman…he relied upon his charisma to close the deal”.

Bentley said “at this point the federal government cannot do anything else with respect to his license” other than banning him from Medicare and other government-mandate health programs.

Orr, however, defended his actions, saying he “sought to be proactive and use neurological innovations where they were safe and available” and that “not all physicians agreed with my treatment or methodologies”.

Jacksonville-based Baptist Health System, the hospital where Orr had been working at the time of the complaints, said it had conducted reviews into Orr’s records as soon as Orr’s peers started raising questions about his methodologies.

Orr is still battling different lawsuits from individual patients.

The website of Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A. says that a lot of medical malpractice lawsuits are caused by misdiagnosis or delayed diagnosis of a disease, disorder, or injury.

The Different Kinds of Surgical Error: Possible Causes of Serious Complication, Permanent Disability or Untimely Death

Posted by on 10-10-15 in Injury | 0 comments

Medical malpractice, which usually is due to medical error, is a frightening reality in the United States. It can result to life-threatening conditions, prolonged illness, permanent disability or even death. But equally frightening as its effects is the fact that these mistakes are totally preventable, as these are mere results of negligence or carelessness by medical experts – a failure to provide the quality care that patients rightly deserve. In 2010 alone, a report made by the Office of Inspector General for Health and Human Services spoke of the death of about 180,000 Medicare patients – a much smaller figure compared to the figure printed in the Journal of Patient Safety, which ranged between 210,000 and 440,000.

One example of medical malpractice which continues to cause patients great harm is surgical error. Surgery is usually the last treatment opted for by doctors if all attempts to remedy patients’ health complaints, including medication, fail. Though a sensitive and risky procedure, patients still choose to trust their doctor and the surgical team, knowing that they have been trained and have the capability to perform whatever is necessary to make them better. Thus, any mistake that may result from the surgery may be considered a violation of this trust and a grave failure to comply with the standard quality care that patients deserve.

Surgical errors are serious medical mistakes. Based from a list from the Agency for Healthcare Research and Quality of the U.S. Department of Health and Human Services, these mistakes may be: wrong-site surgery; wrong-person surgery; incorrect surgical procedure; improper suturing; accidental puncture or laceration; foreign bodies left inside a patient’s body; removal of wrong organ; complications of anesthesia; post-operative hemorrhage or hematoma, physiologic and metabolic derangement, respiratory failure, or pulmonary embolism; wound dehiscence (a surgical complication wherein a wound ruptures along a surgical suture. This can be due to age, obesity, diabetes, poor knotting, or post-surgery trauma due to the wound); and, wrongful death due to complications from negligent surgery.

Though preventable, the number of surgical errors goes beyond 4,000 every year. This explains the thousands of lawsuits filed against doctors and hospitals each year by injured surgery patients. According to the website of the Law Offices of Yvonne M. Fraser, though, many hospitals and/or insurance companies will try to settle with injured patients and discourage them from ever filing a legal complaint due to the complexities of the legal procedure, besides the high fees that they will have to pay.

Accepting a settlement under such circumstances, according to the law firm, is not advised as there are many issues that a knowledgeable attorney can identify and use to obtain the amount of compensation that meets patients’ needs, not that of an insurance company. Thus, it is best for injured surgery patients or their families to get in touch with a highly-skilled medical malpractice lawyer immediately after a wrong surgical procedure has been committed.

Zofran Side Effects

Posted by on 6-06-15 in Dangerous Medical Products | 0 comments

The drug Zofran, generically known as Ondansetron, is a widely used anti-nausea and vomiting medication. It is used in the treatment of various medical conditions, most commonly for the treatment of the vomiting induced by chemotherapy and other radioactive therapies. The drug has various side effects that patients must be aware of, ranging from mild to severe and rare to commonly experienced.

The most commonly experienced side effects of Zofran include confusion, a sensation of lightheadedness, vertigo, increased heart rate, fever, and a shortness of breath. These symptoms are not experienced by everyone who utilizes this drug but patients are likely to experience one or more of these symptoms.

Rare symptoms of Zofran include trouble urinating, discomfort of the chest, trouble breathing, trouble swallowing, changes in mood, cramping or muscle pain, lethargy, and numbness of extremities. While these are less commonly experienced by Zofran patients, users of this drug should be aware of these potential effects. Not all side effects of Zofran will require medical attention, yet some do. Patients should experience reduced side effects as their bodies become accustomed to the drug.

The side effects listed above are merely the symptoms associated with Zofran when it is used for its most common purposes. Zofran can have more long term, serious side effects when used for its less common purposes. Zofran has been prescribed off-label to treat certain uncomfortable pregnancy complications, such as severe morning sickness. According to the website of Williams Kherkher, the recent Zofran lawsuits have raised concerns that the drug can lead to birth defects if taken by women while pregnant. This potential side effect, while not directly experienced by the mothers – the direct Zofran patients, is still a severe side effect that doctors and patients should be wary of before prescribing this drug for this use.

Disabling Skin Disorders

Posted by on 3-03-15 in Disability, Injury | 0 comments

Skin disorders are a very common but often neglected type of injury in a workplace. Anyone can develop any type of skin-related disease or injury while working, and it is important for employees to understand that even though it might seem like a small matter, work-related skin diseases can qualify for a personal injury claim and even Social Security Disability benefits. According to the website of Greenfield, WI personal injury attorneys, skin diseases obtained from exposure to various factors during your employment can become a burden for the employee, and could cost employees a number of problems. It is therefore best to seek a lawyer for a personal injury claim to avoid getting into financial and further physical complications that can arise after being injured while in the workplace.

Depending on the skin disease, the effects of these work-related skin injuries can range from mild to severe, and could necessitate expensive medical treatments. Any type of injury to an employee could be very costly, as this often entail being away from work (and lose wages), physical therapy, possible complications, and even unemployment. Employers can also suffer from such issues with workers’ absence, training, recruitment, and compensation payments.

Often, the cause of skin diseases is exposure to chemicals, which could lead to dermatitis, contact urticaria (an allergic reaction to anything that can irritate the skin), leucoderma (white patches on the skin) and skin infection. Sometimes, even lnog exposure to the sun would result to skin cancer. Because these skin conditions are preventable and should be known by the employer as part of the risks of the job, they can still be held accountable if they have failed to provide safety measure such as gears and proper training to ensure the safety of their employees. Likewise, if the employer also lacked in safely keeping the dangerous chemicals, they can be tried for a personal injury suit.

According to the website of an Indiana Social Security lawyer at the Hankey Law Office, while compensation from personal injury can help in covering for damages, the effects of severe skin-related diseases may also qualify the employee to receive Social Security Disability benefits. Skin disorders such as chronic skin infections, severe dermatitis, and photosensitivity (among others) can be grounds for a SSD benefits. It is recommended to contact an attorney regarding options and procedures on filing for SSD benefits, to determine if a claim has a chance of being approved. Because it can take a long and complex process to get the SSD claim approved, it helps to have a lawyer represent you in court as your advocate in order to better your chances of collecting your disability payments. Your lawyer can greatly assist in making the whole process easier and more effective for you.

Court Reporting and Technology

Posted by on 3-03-15 in Court | 0 comments

Court reports are given very important tasks during court proceedings: they are the ones who will maintain court room records and provide transcripts of the court proceedings according to the strict standards required by the law. However, with the advent of technology, there seems to be a shift of the tide and nowadays the role of court reporters are being nudged aside by machines.

Courtrooms today appear to be relying more on machines during court proceedings rather than hire court reporters. Many courts have already started using digital audio recording instead of court reporters for a variety of reasons, one of them being that they offer convenience in “play backs” and costing less than court reporters. Reports also show that it makes it easier for lawyers to review the record, make a citation, or write a brief.

Court reporters today are also keeping up with the technological advances, and are also incorporating the use of several machines and software to provide better services. With today’s clients increasing requests, it is no wonder court reporting is already incorporating different media (such as videotapes, video conference, and many others) in order to bring services that play a critical role in the lengthy and complicated litigation cases. Although there is still a high demand for the traditionally certified court reporter, those who are adept with high-tech services are more favored and preferred. According to the website of Stratos Legal, by using modern technology in providing better services, court reporters are able to give a range of services fitting to each special case. Those who advocate the use of modern technology to enhance court reporting advises a well-designed and unified system that permits the use of digital audio recordings combined with the expertise of court reporters, particularly when complex proceedings are expected. Although many judges are becoming more accustomed digital recordings, the presence of court reporters is still valuable and beneficial for the court proceedings.

Employment Discrimination in New York

Posted by on 3-03-15 in Employment Rules | 0 comments

The state of New York is famous around the world for being fast, diverse, and very open to opportunities that many are looking for. With the diversity of people living and working in the state of New York, it may be surprising that discrimination in the workplace still exists, and that there are still people who suffer from it despite the laws passed protecting them from such prejudice. According to federal law Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against their employees, mainly from race, gender, color, religion, ethnic identity, national origin, and many others. Employers are also liable if they fail to keep proper steps to prevent workplace harassment and discrimination.

Any company that has more than four employees is required to follow the NYC Human Rights Law. With the advent of gender equality, New York has also adapted laws that protect employees from discrimination based on sexual orientation and gender identity according to both executive and administrative orders and personnel regulations. It is the company’s responsibility to discourage discrimination and harassment in the workplace, and hold worker’s liable for their offensive actions. According to the website of Cary Kane LLP, any misconduct that could eventually lead to a hostile work environment can leave employers vicariously accountable for their failure to address the issue. This could be very troublesome for employers, since employees who can present evidence of their employer not treating them unfairly through discrimination and that the harassment was more than “simple offenses” can be made liable for their actions or inaction.

Additionally, employers are likewise legally prohibited from retaliating against employees who have opposed what is considered unlawful discriminating practices, have filed a suit against the company, or have been involved in the process provided that there is good faith to believe that the actions and conduct of the employer was indeed illegal. Because of the complicated nature of employment laws and workplace discrimination, it is vital to seek help from a lawyer to ensure that your rights are upheld.

Injuries in Salons

Posted by on 3-03-15 in Injury | 0 comments

With the importance of physical beauty being a top priority in today’s society, men and women go to salons for services that might help enhance their looks. The spas or salons may seem like a very relaxing place that could boost their confidence, but they can still be exposed to dangerous machines and products that could eventually lead to injuries. Many victims of injuries in salons and spas often question whether they can file a personal injury suit against the management. Just as with any type of tort cases, proving the negligence of the spa or salon is the key in a personal injury suit.

Despite the various trainings and qualifications of people who work in salons and spas, accidents can still happen. The most common injuries from salons and spas are burn injuries (from waxes, heating tools, and chemical used in several treatments), lacerations (from scissors or blades), and neck and back injuries. There are other types on injuries, but in order to have a strong personal injury claim, the injury should be significant enough to prove negligence on the part of the employee or the business. However, the injury may have been caused by other factors, which is why you can have a number of defendants in your injury like the manufacturer of the products used, the employee or salon/spa who applied the product or used the machine, or maybe both.

Make sure to provide evidence of the injury; taking a photo and getting medical reports from your doctor can help in proving negligence and possibly a computation for the amount of compensation that will be awarded. Damages may be awarded for medical expenses, pain and suffering, and sometimes even for mental grief. Because each case is different, consulting with a local lawyer, such as a Tennessee personal injury lawyer, can help with your injury claim. Because such claims are not as common as other personal injury cases, it may be confusing for an injured customer to know how to proceed with the injury claim.