When to Sue an Optometrist for Eye Injuries

Ask most Americans which of their five senses they would least like to go without, and chances are they will say, "Sight." Our eyesight and vision is one of our most coveted aspects, and many consider blindness the worst thing that could happen to them.

So it's no surprise that we take eye health and care so seriously, and why optometrists are held to such a high standard of care. And if an optometrist fails to provide eyesight and vision care up to that standard, lawsuits are possible.

Seeing an Optometrist

Like any other doctor, an optometrist can be liable for medical malpractice when that malpractice causes an injury. Optometrist malpractice could take the form of failing to diagnose an ocular disease, or medical condition, for misdiagnosing a vision ailment, or for prescribing the wrong treatment.

Optometrists could also be held liable for the negligence if an injury occurs during eye surgery, or while using medical devices if they ignored the manufacturer's instructions. And an optometrist may also prescribe an incorrect set of glasses or contact lenses, doing more damage to your eyesight than good.

Suing an Optometrist

A case for malpractice against an optometrist looks like the same as those against other doctors. State malpractice laws can differ, but most lawsuits are premised on four main elements:

• Duty: Optometrists owe their patients a duty of care, to diagnose and treat eye and vision ailments to the same ability of other optometrists.
• Breach: You must prove that an optometrist failed to meet this duty, generally by misdiagnosis or mistreatment.
• Causation: You must prove that you were injured as the result of an optometrist's breach of duty, and that your injuries were the fault of the optometrist, and not something some other cause.
• Damages: You must prove your injuries, through medical records, medical expenses, or even emotional distress.

Injured plaintiffs must prove all of these elements to have a successful claim for optometrist malpractice, and proving each element can be complicated, involving medical evidence and doctor testimony.

To find out if you can sue an optometrist for malpractice, you should consult a local personal injury attorney.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• Medical Malpractice (FindLaw's Injured)
• LASIK Eye Surgery FAQ (FindLaw's Injured)
• Man Sues After Waking During Cataract Surgery (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/when-to-sue-an-optometrist-for-eye-injuries.html

Ebola Nurse Settles Lawsuit Against Hospital

A nurse who contracted Ebola from the first U.S. patient to be diagnosed with the disease back in 2014 settled her lawsuit against the hospital she worked in last month. While the details of the settlement remain confidential, typically, when a settlement is announced like this, it means the plaintiff won.

The nurse's lawsuit alleged that the hospital was negligent in training staff to handle an Ebola diagnosis, and failed to provide the proper safeguards for employees. Fortunately, both this nurse and one other nurse that also contracted Ebola at the same hospital, made full recoveries from the deadly viral infection. Unfortunately, as a result of the stress and treatments, both still suffer some lingering effects such as pain, hair loss, insomnia, and nightmares.

Can You Sue Your Employer for an Illness Received On-the-Job?

While some people might find it odd that a nurse can sue a hospital after contracting the same virus that a patient in the hospital had, there's more to it than that. The hospital in question did not have the proper supplies on hand to protect their employees, and additionally, had not properly trained their staff on how to handle the Ebola virus. Around that time in 2014, there was worldwide concern over the outbreak of Ebola, and hospitals across the United States weren't just getting ready to treat single cases, but were gearing up for an outbreak. These facts provide the backdrop for a negligence claim.

To make matters worse, the nurse in this case not only contracted the illness, but was used as a political prop for the hospital. Video footage of her was shown, and her medical case was treated as a publicity stunt, rather than a private matter.

Why Not Workers' Compensation?

While the nurse may have been able to file a workers' compensation claim, typically, those are for on-the-job injuries that will require a protracted recovery time where the employee will need steady income during that time. The injury in this case is more closely related to a standard negligence claim because it would not have happened if the hospital had prepared properly. In this case, a workers' compensation claim would not have fully remedied the nurse's legal claims.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Can You Get Disability for Being Single? (FindLaw's Injured)
• When Can a Lien Be Put on Your Personal Injury Settlement? (FindLaw's Injured)
• NY Brain Surgeon Faces Three Malpractice Lawsuits (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/ebola-nurse-settles-lawsuit-against-hospital.html

Can You Get Workers' Comp for Zika?

It may sound far-fetched, but when you consider that over 2.5 billion people worldwide live within Zika danger zones, wondering if you can get compensated for contracting the virus on the job is a legitimate concern. The Florida Fraternal Order of Police seems to think so, as the police union has requested that Sunshine State workers' compensation coverage be extended to first responders who come into contact with Zika while working.

So will they get it? And what about workers' comp for other employees who contract Zika?

Taking a Bite out of Crime Fighters

The Florida FOP also confirmed this week that a second Miami Beach police officer contracted the Zika virus in South Florida. The union did not release the officer's name, but says Miami Beach officials refused both officers' workers' compensation claims. Current workers' compensation laws require proof of Zika exposure while working, and while the union claims officers were infected on the job, they didn't release details on where the officers contracted the virus.

Miami has two designated Zika transmission zones within the city and Miami Beach spokeswoman Tonya Daniels said city employees have been offered free Zika testing and mosquito repellent. But police union president Bobby Jenkins told the AP that testing "does not mitigate the need for their coverage of the employees that they place at risk," and is asking lawmakers to step in.

In Harm's Way on the Job

As a general rule, workers' compensation insurance covers on-the-job injuries, which can either mean injuries incurred at the work location or elsewhere while performing work duties, as long as the injury is work-related. State laws on workers' comp claims may vary however, in terms of coverage and filing requirements. If an employee is forced to work somewhere with a high risk of Zika infection, or comes into contact with virus as part of his or her job, an infection most likely would be covered.

Most state workers' comp structures require employees to file a workers' comp claim before they can file a lawsuit. If the claim is denied, employees may have other legal options to get compensation for their injuries.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Legal Liability for the Zika Virus (FindLaw's Injured)
• Top 9 Workers' Compensation Questions (FindLaw's Injured)
• 10 Injuries That May Not Be Covered by Workers' Comp (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/can-you-get-workers-comp-for-zika.html

Off Roading Accident Liability

Off roading accidents frequently result in severe injuries and even death. Many off road vehicles, such as ATVs, ROVs, and dirt bikes, provide very little protection for drivers or passengers. When an injury occurs as a result of an off roading accident, liability may be difficult to assess and the injuries can be rather severe.

In an off roading accident involving no other vehicles, frequently the driver of the vehicle will be considered to be at fault. If there were passengers who were injured, they would potentially have a claim for damages against the driver. If the vehicle malfunctioned or crashed as a result of a defect, the manufacturer could potentially be held liable. Additionally, if the land or vehicle were in a condition that made them dangerous to off road on or in, then the respective owners may be held liable for negligence.

Passenger Injury and Assumption of Risk

In some situations, a passenger may be presumed to have assumed the risk of injury when they decided to ride as a passenger in an off road vehicle. For example, if a passenger knew that the driver of the off road vehicle was drunk or even inexperienced, it can be argued that the passenger assumed the risk of injury by agreeing to participate in a highly dangerous activity.

Simply going off roading likely does not mean a person is assuming the risk of injury. However, if circumstances, such as riding with a drunk driver, make the activity clearly more dangerous, then the legal theory of assumption of risk may apply. The legal theory may totally or partially defeat an injury claim depending on the circumstances.

Insurance Coverage

Even though an accident happened off road, frequently if the vehicle does have a valid auto insurance policy, then there may be insurance coverage for any injuries sustained. Unfortunately many off-road vehicle owners do not purchase liability insurance for vehicles like ATVs or dirt bikes if there is no plan to drive them on regular roads. The CPSC actually recommends not using off road vehicles on roads due to multiple safety concerns.

If there is no auto insurance, a homeowner’s policy may be able to provide coverage for injuries. Additionally, where a minor is liable for the accident, a parent’s home owner’s policy may be able to cover the injuries.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• ‘Mudding’ Injuries: Who’s Stuck Paying the Bill? (FindLaw’s Injured)
• Driver Liability for Cell Phone Related Car Accident (FindLaw’s Injured)
• Timeline for Your Workers’ Compensation Claim (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/off-roading-accident-liability.html

Can You Get Disability for Being Single?

The Telegraph is reporting that the World Health Organization will be updating its definition of "infertile" to include single men and women with no medical issues who have been unable to find a suitable sexual partner or sufficient sexual relationships which could achieve conception. Previously, men and women had to demonstrate 12 months of unprotected sex without conception to classify as infertile.

This may seem like a simple shift, and one that could even have the added benefit of giving gay men and women the same priority access to in vitro fertilization resources as heterosexual couples. But not everyone is happy about taking social conditions into account when changing global medical standards, especially those that could alter access to public healthcare funds.

The Need for Change

One of the authors of the new standards, the WHO's Dr. David Adamson, explained expanding the scope of infertility:

"The definition of infertility is now written in such a way that it includes the rights of all individuals to have a family, and that includes single men, single women, gay men, gay women. It puts a stake in the ground and says an individual's got a right to reproduce whether or not they have a partner. It's a big change."

The change is especially big for countries with government-funded healthcare or public funding for fertility treatments, including IVF, who may now be required to provide coverage for far more people. "It fundamentally alters who should be included in this group and who should have access to healthcare," Dr. Adamson said. "It sets an international legal standard. Countries are bound by it."

The Impact of Change

The American Disabilities Act does not specifically name each and every impairment that's covered under the Act. Instead, a person is defined as having a disability if they have "a physical or mental impairment that substantially limits one or more major life activities ... a history or record of such an impairment, or ... is perceived by others as having such an impairment." For almost all parents, having a child is a major life activity, and infertility is an impairment for those unable to have children.

And although they have yet to be finalized, the new WHO guidelines on infertility could apply. Only time will tell whether insurers must give the same access to IVF therapy to single wannabe parents as heterosexual couples.

Related Resources:

• Was your disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• Why Were My Social Security Disability Benefits Denied? Top 3 Reasons (FindLaw's Injured)
• Can I Get Disability for Seasonal Affective Disorder (SAD)? (FindLaw's Injured)
• FAQ for Disability Insurance Denial (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/can-you-get-disability-for-being-single.html

When Can a Lien Be Put on Your Personal Injury Settlement?

You've won your personal injury lawsuit, which is fantastic. But it turns out you still have some bills to pay, and perhaps to some people you didn't expect. If those bills go unpaid, creditors, insurance companies, or medical providers may try to secure a "lien" against your settlement. A lien is essentially a legal attachment to your property, saying you owe a debt to someone else, and liens against personal injury awards can mean those debts can be paid out of your personal injury settlement first.

So here's want you need to know about liens in personal injury cases:

Pre-Settlement

It's best to get a handle on possible liens before you settle your personal injury claim. There could be statutory liens where state or federal laws require you to pay back Medicare, ERISA health insurance plans, the Veterans Administration, or workers compensation insurance plans from your settlement amount. Or, there could be contractual liens that arise from private insurers or medical providers.

If these bills haven't been paid or resolved at the outset of your case, they will still be there waiting after you settle, even if your injuries were someone else's fault. You and your attorney should work to figure out which bills have been paid and which remain outstanding. Not only will this help in determining the value of your personal injury claim, it will make sure any and all possible lien holders will be compensated. You may even want to keep lien claimants in the loop during settlement negotiations.

Post-Settlement

Once you've settled your personal injury claim, you'll want to reach with the lien claimants, confirm that you've an agreement. After that, you and your attorneys should make sure that any and all creditors, medical providers, and insurers are paid promptly and confirm the payment is the full and final satisfaction of any claim they may have arising out of your case.

The sooner potential lien claimants are identified and paid, the sooner you can get on with your life, and the less chance you'll have liens placed on your personal injury award. This kind of work is best left to the professionals, so talk to a local personal injury attorney about your settlement today.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)
• Can Workers' Comp or Injury Settlements Be Garnished? (FindLaw's Injured)
• How to Enforce a Settlement (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/when-can-a-lien-be-put-on-your-personal-injury-settlement.html

NY Brain Surgeon Faces Three Malpractice Lawsuits

One of the leading brain surgeons that co-founded the North Shore University Hospital’s Chiari Institute is facing three malpractice lawsuits over surgeries to correct Chiari malformations. The suits all allege that Dr. Bolognese improperly or needlessly performed a surgery to correct a Chiari malformation in each of the three separate plaintiffs.

The Chiari malformation is a rare condition where part of the brain forms under the brainstem where it connects with the neck and spinal cord. The effects of a Chiara malformation are varied from no symptoms at all, to severe. Currently the only treatment is surgery.

History of Getting Sued

Dr. Bolognese has seen quite a bit of trouble. According to one source, though the doctor was not out of operating room for long, he was suspended back in 2010 for failing to show up for a surgery. Also, he has faced approximately 20 medical malpractice lawsuits.

In addition to the malpractice lawsuits, a former employee who sued her hospital for sexual harassment, described some very strange behavior by Dr. Bolongese during surgery, including disappearing mid surgery and openly using expletives when frustrated.

A Surgeon’s Malpractice Liability

Surgeons, like any other doctor, can commit medical malpractice. Discovering surgical malpractice is difficult however as frequently patients are under anesthetic and therefore unaware while the surgeon is working. If it is something obvious, like the surgeon operated on the wrong body part or patient, this will be easily discovered. However, if a surgical sponge or other implement was left behind, or the surgery was unnecessary, or some other avoidable mistake occurred, discovering the problem is the first step and may require expert medical assistance.

Once the mistake or problem is discovered, it must be determined, generally by more medical or surgical experts, whether the surgeon in your case fell below the standard of care. This means that a surgery that doesn’t work isn’t necessarily grounds for a malpractice suit. It only will be grounds for a lawsuit if the doctor made a mistake that made the level care provided fall below the standard of care that should have been provided.

Related Resources:

• Injured my medical malpractice? Get matched with a local attorney. (Consumer Injury)
• When to Sue a Chiropractor for Injury (FindLaw’s Injured)
• 5 Controversial Medical Treatments Still Used Today (FindLaw’s Injured)
• When to Sue a Pediatrician for Malpractice (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/ny-brain-surgeon-faces-three-malpractice-lawsuits.html

Timeline for Your Workers' Compensation Claim

If your first thought after a work injury isn't, "When can I get back to work," it's probably, "When can I get paid for getting injured at work." Missing work is tough, especially if you're missing paychecks, too.

If you got injured on the job, you probably know you can file a workers' compensation insurance claim. But how long is that going to take? While all cases are unique, here's a quick look at what to expect from your workers' comp claim.

Your Steps

The timeline for your workers' compensation claim begins at your injury, and there are some steps you'll want to take immediately to ensure your claim is reviewed and completed as quickly as possible. First, take care of yourself and seek any necessary medical attention, even if you're worried you can't afford it. Most states require employers or their insurance company to pay for an injured employee's medical bills as soon as they file a claim. So you do not have to wait until your claim is approved to receive compensation for medical costs.

Second, report the injury to your employer, and, if possible, report the injury in writing and keep a copy of the report for personal records. Your employer is then required to offer you a claim form immediately. Make sure the claim form is filled out completely and specifically and that you file it as soon as possible. You should also keep a copy of your completed claim form for your records as well.

Employer and Insurer Steps

Once your employer receives your claim form, it is their responsibility to immediately notify their insurance company and arrange medical assistance and compensation for you. Your employer may also be required to complete and file a wage verification form with the insurer within a certain amount of time after your claim or compensation form.

After receiving your claim, the insurer generally has 30 days to either accept or deny your claim and notify you of its decision. (Be aware this time limit can vary by state.) If your claim is approved, the insurer must start paying out benefits soon after. If your claim is denied, you can request a hearing to review the decision. There is a time limit on the request for a hearing, normally around 60 days after you received notice of denial. A hearing date will then be set, usually within 30 days of your request. After the hearing, the hearing officer normally has 15 days to make a final decision.

If you need help filing a workers' comp claim, or if your claim has been denied, you may want to contact a local workers' comp attorney for advice.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• How Long Do I Have to Be Employed to Get Workers' Comp? (FindLaw's Injured)
• How Long Will Workers' Compensation Benefits Last? (FindLaw's Injured)
• When Is It Too Late to Sue for Injury? (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/timeline-for-your-workers-compensation-claim.html

How Does SSDI Impact an Injury Lawsuit?

If you are on SSDI and are considering filing a lawsuit or pursuing an injury claim, you may be concerned about how a settlement or court award could impact your receipt of benefits. Social Security Disability Insurance is a federal program designed to assist disabled individuals that are unable to work by providing those individuals with an income source.

While SSDI will want to know if you have received wages, the general rule is that an injury settlement or court award for an injury case are not wages, UNLESS a portion of that award is meant to compensate you specifically for lost wages. Also, it should be noted that if you receive punitive or exemplary damages, or any interest on the award, these may also be concerned as unearned income.

Can SSDI Affect Your Settlement?

While your SSDI is generally safe from loss as a result of an injury settlement or court award, your settlement or award may be less than you might expect because of your SSDI. Often, injury plaintiffs are disappointed when they find out that their cases are not as highly valued as they expected. Many times, a case’s high value lies in the plaintiff’s status as a high-wage earner. If someone who makes $1,000,000 per year misses one day of work because of the injury, that one day of lost wages could be worth at least $2,700 or more. If that person misses ten days, that can add $27,000 to their case.

If you are on SSDI, there will be no wage loss to recover because SSDI covers your wages, and therefore, any settlement may feel a little bit lower than you might have expected.

Don’t Confuse SSI With SSDI

It is important to not confuse SSI with SSDI. Supplmental Security Income (SSI) is a need-based federal program that provides disabled and elderly individuals with income to supplemental SSDI or regular social security benefits. Any income or monies a person receives can have an impact on a recipient of SSI benefits. It is highly advisable for a recipient of SSI to seek the advice of an attorney regarding how to handle settlement or court award money as SSI benefits can be easily lost if a person receives a lump sum.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
• Personal Injury Lawyer Dropped Your Case? Now What? (FindLaw’s Injured)
• When to Sue a Pediatrician for Malpractice (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/how-does-ssdi-impact-an-injury-lawsuit.html

Driver Liability for Cell Phone Related Car Accident

How an accident happens will largely determine who is ultimately held liable. If the at fault driver was found to have caused the accident while talking or texting, they will likely have more difficulty defending their case, and they may potentially face additional penalties. Nearly every state has laws on distracted driving, and most include some limitations on the use of cell phones by drivers.

Regardless of whether you have an ear piece, integrated Bluetooth, or speakerphone system, if you are talking or texting on a cell phone while driving, an officer or other party can claim that you were driving while distracted. According to the most recent report by the NHTSA, one in ten on the road fatalities involved distraction.

Accidents While Phoning or Texting

If a driver is found to be at fault for an accident, then they can also be found liable for the injuries and property damage they caused. While a majority of auto accident cases settle out of court, the facts concerning how the crash happened are relevant to establishing the injured party's case for damages. When a jury is asked to decide an auto accident injury case, they will usually be tasked with deciding two primary issues:

1. Whether the defendant caused the injuries and damages.
2. How much money should be awarded to the plaintiff for suffering the injuries and damages.

In most jurisdictions, if both parties are considered to be partly at fault, or fault is uncertain, the party that is found to be more than 50% at fault, generally is the party held responsible for the damages. If a party was on the phone when the accident occurred, they may be found some percentage (comparatively) at fault. In states like California, if a driver is found to be 25% at fault, any award they receive will be reduced by their percentage of fault.

Rear-Ended While Talking on the Phone

There are some auto-accident cases where it won't matter if the victim was on the phone or texting. If you are stopped at a red light, and you get rear-ended while texting or talking on the phone, it is highly unlikely that your texting or talking had anything to do with causing the accident. In this sort of a situation, your phone use, while still potentially against the law, generally cannot be used to attack liability.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• What's More Dangerous Than Texting and Driving? (FindLaw's Injured)
• 1 in 4 Car Crashes Involves Cell Phone Use: Report (FindLaw's Injured)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/driver-liability-for-cell-phone-related-car-accident.html

Personal Injury Lawyer Dropped Your Case? Now What?

It happens all too often. A person hires a lawyer right after an accident, then months later when the medical treatment is all done, the lawyer they hired decides they no longer want the case. Don’t read into it too much. Some lawyers only handle cases if they are of a certain value or above. So unless your lawyer has ceased communicating with you, there are a few steps you can take to make sure your case can be smoothly transitioned over to a new attorney.

However, if your lawyer has ceased communicating with you, it might be a good idea to get a new lawyer, and have your new lawyer attempt to connect with the old lawyer. On rare occasion, lawyers get sick, die, or just plainly go missing without warning, just like any other human being. The most important thing is to find out your statute of limitations date, because if you don’t file a lawsuit by that date, your claim will expire.

1. Ask Your Old Attorney to Delay Withdrawing Until You Find a New Attorney

Attorneys will often recommend that you find a new attorney before they formally withdraw from representation, even when there has been a breakdown in the attorney-client relationship involving anger and animosity. Attorneys are generally agreeable to this arrangement because it will avoid injuring a client’s case. If you are firing your attorney, however, this request will likely not go over well.

2. Figure Out Your Lien Situation

Personal injury cases, if handled on a contingency basis (which they typically are), may have lien provisions included in the attorney fee agreement. When an attorney drops your case, if your contract had one of these provisions, you need to get a letter from the attorney clearly stating whether they have a lien, or not, and if so, for how much. A lien is a typical contract term in a contingency fee contract that allows an attorney to place a claim for payment on your case, and requiring that they be paid from any eventual settlement or judgment issued in the case for the work they did on your case.

When an attorney drops a case, they usually do not assert a lien, unless they have expended a significant amount of money or time on the case. Even then, some attorneys will release their liens in order to make it easier for a client to retain a new attorney, as a second attorney may be hesitant to take a case that has a lien attached to it. However, any new attorney will likely ask and want to know about liens before formally accepting representation.

3. Find and Hire a New Attorney

Don’t delay. The longer you wait to find a new attorney, the less time the new attorney will have to prepare your case. FindLaw has a personal injury lawyer directory that you can browse for free to find an experienced injury attorney in your area.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Controversial Medical Treatments Still Used Today (FindLaw’s Injured)
• Chemical Spill in Kansas Hospitalizes Over 100 People (FindLaw’s Injured)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/personal-injury-lawyer-dropped-your-case-now-what.html

When to Sue a Pediatrician for Malpractice

There are fewer malpractice claims against pediatricians than any other specialty, according to a recent study. But that same study concluded that a higher percentage of pediatric claims went to trial. Perhaps that's because, pediatricians are tasked with providing medical care for our children, and their mistakes, though few, can be especially tragic.

Here's what you need to know about pediatric care and the possibility of medical malpractice lawsuits.

Malpractice Elements

Doctors, like anyone else, can be held liable for injuries they cause. And while state laws may vary, most medical malpractice lawsuits are premised on four main elements:

• Duty: Pediatricians owe their patients a duty of care, to diagnose and treat ailments to the same ability of other pediatricians.
• Breach: They can breach that duty by failing to meet the standard of care, such as by misdiagnosing or mistreating their child patients.
• Causation: A child patient can be injured as the result of a pediatrician's breach of duty, and in court they must prove these injuries were the fault of the pediatrician, and not something else, and that the pediatrician could or should have foreseen those injuries.
• Damages: The child patient's injuries, like medical expenses, emotional distress, or other harm must be compensable by money damages in order to recover in court.

If all of these elements are found, you likely have a strong claim for pediatric malpractice, though proving each element of a case can be complicated.

Pediatrician Malpractice Claims

A pediatrician could be liable for medical malpractice for failing to diagnose an illness or medical issue, for misdiagnosing an ailment, or for prescribing the wrong treatment.

Pediatricians could also be held liable for the negligent prescription of a medication or medical devices if they ignored the manufacturer's instructions, or prescribe an incorrect medication or dosage.

To find out if you can sue a pediatrician for malpractice, you may want to consult an experienced personal injury attorney.

Related Resources:

• Does your child have an injury claim? Get matched with a local attorney. (Consumer Injury)
• 5 Signs You May Need a Medical Malpractice Attorney (FindLaw's Injured)
• Top Reasons Doctors Get Sued for Malpractice (FindLaw's Injured)
• Should Doctors Have to Tell Patients If They're on Probation? (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-pediatrician-for-malpractice.html

Sandy Hook Victims' Families' Lawsuit Dismissed Against Gun Maker

Recently, a Connecticut judge dismissed the lawsuit brought by the families of the victims of the Sandy Hook massacre against the gun manufacturer of the weapon used for the killings. Pursuant to a 2005 act signed into law by George W. Bush, the Protection of Lawful Commerce of Arms Act (PLCAA), the case was dismissed as the judge ruled the gun manufacturer could not be held liable.

Under the PLCAA, a gun manufacturer or dealer cannot be held liable for how a gun is used if the gun was sold legally. The families of the victims based their lawsuit on a theory of negligent entrustment, which is one of the few exceptions to the PLCAA.

Gun Manufacturers and Dealers Are Immune

The PLCAA protects gun manufacturers and dealers from liability for how their guns are used so long as the sale of the weapon was lawful. In the Sandy Hook case, the shooter did not purchase the weapon, but rather obtained it from his mother, whom he killed. As such, making the argument that the dealer was negligent by entrusting the weapon to the killer just does not work as neither dealer, nor manufacturer, had any interaction with the actual killer. The judge in the matter also explained that the 2005 PLCAA intended to give gun dealers and manufacturers broad immunity.

A Never-Ending Battle

The attorney for the families has pledged to file an appeal and continue fighting. While the fight may seem futile, especially given the PLCAA broad protections for gun dealers and manufacturers, the attorneys and victims’ families believe very strongly that the gun manufacturer should be held liable. As part of their negligent entrustment theory, they claimed that the manufacturer and dealer were negligent by entrusting anyone with the weapon as it is designed to kill people. The manufacturer denies that claim, and convinced a court that the PLCAA prevents them from being liable at all.

As a counterpoint, gun groups view this lawsuit very differently. They point out that the AR-15 rifle, which was the one used in Sandy Hook, is one of the most common rifles sold in America, and that it is not an automatic assault rifle, despite the aggressive, militarized look. Additionally, pro-gun groups argue that the PLCAA protections are reasonable, and that the person who pulls the trigger, not the company that makes the trigger, should be liable.

Related Resources:

• Injured by a gun? Get matched with a local attorney. (Consumer Injury)
• Chemical Spill in Kansas Hospitalizes Over 100 People (FindLaw’s Injured)
• When to Sue a Chiropractor for Injury (FindLaw’s Injured)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/sandy-hook-victims-families-lawsuit-dismissed-against-gun-maker.html