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Four Elements Required in a Medical Malpractice Lawsuit

A personal injury lawyer states that when you are ill or injured, you should be able to trust that the medical professionals caring for you will work to improve your health. Unfortunately, these professionals sometimes make negligent mistakes, which can have negative consequences. Doctors that do not hold to the high standards of medical care can worsen conditions and cause lasting damage to a patient.

Medical professionals, from doctors and surgeons to nurses and pharmaceutical technicians, as explained by the law firm Habush Habush & Rottier S.C.®, carry a tremendous level of responsibility for the health and safety of their patients. As a result, individuals and organizations in this field are held to a remarkably high professional standard in order to protect patient well-being. Medical malpractice laws therefore play an important role in helping to hold doctors and other medical practitioners accountable for the consequences of unprofessional or dangerous behavior.

Medical malpractice can have devastating consequences for victims, ranging from serious injuries to wrongful death, and pursuing a medical malpractice claim may be essential to helping victims receive justice in the wake of a medical mistake.

Medical malpractice can occur in a variety of ways. Grievous mistakes such as being prescribed the wrong medication or receiving treatment that was meant for another patient occur with surprising frequency. Other examples of medical malpractice that are committed with greater frequency than others include:

  • Improper or delayed treatment
  • Emergency room errors
  • Hospital negligence
  • Wrongful death
  • Wrong diagnosis
  • Lack of informed consent
  • Surgical errors
  • Pharmaceutical errors

The US National Library of Medicine’s National Institutes of Health defines medical malpractice as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence.

A medical malpractice lawsuit in the U.S., besides needing to be filed in timely manner, that is within the “statute of limitation” period, requires four legal elements:

  1. the existence of a legal duty on the part of the doctor to provide care or treatment to the patient;
  2. A breach of this duty by a failure of the treating doctor to adhere to the standards of the profession;
  3. A causal relationship between such breach of duty and injury to the patient; and,
  4. The existence of damages that flow from the injury such that the legal system can provide redress.
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The Open Carry Law

Though open carrying of firearms in public is not restricted by the Federal law, there are specific rules when this is done on properties owned or operated by the federal government.

There are only five states where the open carrying of handguns in public places is prohibited. These are California, Florida, Illinois New York, and South Carolina; this is to prevent gun violence.

The past years, gun-toting individuals openly carrying firearms in public places, such as political rallies, public parks, restaurants and coffee shops have become a common sight in many U.S. states. Many of those who openly carry firearms, who argue that they are only “exercising their rights,” identify themselves as part of the growing “open carry movement.”

The open carrying of firearms, however, does not only intimidate the public, but also makes very likely accidental or intentional use which can result to injury or death.

Besides using the argument of “exercising their rights,” many say that open carrying is needed for self-defense. No research, however, supports this argument. On the contrary, even if used in self-defense, having a gun does not reduce a person’s chance of getting injured during a crime, but it increases the possibility of him/her injuring an innocent bystander.

One study even suggests that carrying a firearm may actually increase a person’s risk of firearm injury. Thus, instead of improving safety, open carrying unnecessarily increases the possibility of everyday interpersonal conflicts turning into deadly shootouts. This is because anyone will have ready access to firearms. Open carry laws also correlate with higher rates of suicide. States with open carry laws, in fact, have 36% more suicides and 71% more firearm suicides per capita. Additionally, when stopping an individual who is openly carrying a firearm in these states, law enforcement officers may be prohibited from demanding identification.

In the state of Texas, particularly, the Law Offices of Mark T. Lassiter says, “As of January 1, 2016, licensed gun owners in the state of Texas may openly carry a handgun in public and in many Texas open carry gun laws private settings. This open carry laws stipulates that handguns must be carried in a belt or shoulder holster at all times, unless there is a legally justifiable reason to use the weapon. The moment you remove your firearm from your holster you should expect to be under police scrutiny. In the event that you are charged with a gun-related criminal offense like aggravated assault with a deadly weapon or deadly conduct, you need to reach out to an attorney immediately. Even if you believe that you have not broken the law, it will be in your best interest to work with a lawyer throughout the coming legal process.”

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Morcellator Lawsuits Still being Filed Against Johnson & Johnson

Morcellator Lawsuits Still being Filed Against Johnson & Johnson

On April 30, 2014, Ethicon, the unit of Johnson & Johnson that is responsible for the manufacture, sale and promotion of power morcellators, ceased distribution and sales of said devices, and ordered their withdrawal from the market.

Ethicon’s move came barely three weeks after the U.S. Food and Drug Administration issued a safety alert on April 17, 2014, which advised doctors and hospitals against the continuous use of power morcellators in laparoscopic surgical procedures, specifically in the removal of uterine fibroids or myomas, through myomectomy, and in the removal of the womb or uterus, through hysterectomy.

FDA’s decision is based on medical reports regarding the possible spread of unsuspected cancer tissues, called uterine sarcomas, during morcellation treatment of women with uterine fibroids. Due to the lack of a device that can accurately detect the presence of uterine sarcomas, risk of spreading it beyond the uterus can happen as uterine fibroids are divided or morcellated into pieces.

Power morcellators are medical devices designed to cut an overgrown uterus or fibroids into pieces that are tiny enough to allow them to be extracted through 0.5-1cm incisions. These devices have been approved by the FDA to be used in laparoscopic (minimally invasive) surgeries. Due to the many advantages of power morcellators, including performance of surgeries that require very tiny incisions that healed faster, shorter hospital stay for patients, lesser blood loss, reduced pain and minimal chances of infection or complications, many doctors began using them in the early 1990s to perform laparoscopic surgeries instead of the traditional open surgeries (such as abdominal hysterectomy, which required incisions between five to seven inches long).

Johnson & Johnson introduced three of the best engineered power morcellators in the market in 1998 which, many believe, actually set the standard on the way the device should be designed. These devices included the Gynecare Morcellex, the Morcellex Sigma and the Gynecare X-Tract. Despite the accuracy and efficiency of J&J’s power morcellators, however, the FDA found the risk of cancer a valid reason for doctors and hospitals to cease use of the device.

As mentioned in the website of the law firm Williams Kherkher, up to 50,000 morcellation treatments are performed in the U.S. every year, with most of these for the purpose of removing uterine fibroids. In a number of U.S. states, morcellator lawsuits are on the rise, adding to the growth in the number of women seeking compensation.

Many more patients are expected to come to the open and file civil lawsuits they are legally entitled to pursue. These lawsuits may be their chance of seeking compensation for whatever damages the devices have caused in them.

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Xarelto Ranked Among The Most Dangerous Drugs In The United States

Xarelto is one of the newest anticoagulants in the market today. It belongs to a class of drugs known as blood thinners. These substances are designed to prevent lethal blood clots that can prevent blood from flowing to the vital organs. Manufactured by Johnson and Johnson subsidiary Janssen Pharmaceuticals, Xarelto is now regarded as one of the most lethal drugs in the market.

In 2011, the Food and Drug Administration (FDA) has approved the use of Xarelto for preventing stroke in patients who suffer from a condition called atrial fibrillation. Likewise, it is used for treating and preventing blood clots. In addition, it is also used for the prevention of blood clots in patients who have undergone hip or knee replacement surgeries. Unfortunately, the manufacturers have marketed it for other unapproved uses.

According to the website of Abel Law Firm, drugs should be tested for functionality and prospective side effects. The bad news is that manufacturers do not re-test the drugs upon submission to the FDA for approval. One of the worst side effect s of Xarelto is uncontrolled bleeding. When this happens, blood flow to organs such as the brain, lungs, or kidney can be interrupted causing them to malfunction. The effects of Xarelto should be felt within 8 to 12 hours a day but with uncontrolled bleeding, the normal clotting of the blood can be prevented. As a result, the patient could experience gastrointestinal bleeding, epidural bleeding, and stroke.

According to data compiled by heath website HealthGrove from 2004 through 2015, Xarelto was ranked 24th on the list of the top 50 most dangerous drugs. It yielded 81 percent of reactions which is considered serious. Reports by the FDA revealed that 50 percent of the adverse effects of Xarelto accounted for blood clots. For this reason, several product liability and wrongful death suits have been filed against Johnson & Johnson for their failure to inform patients of such effects.

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Types of Car Accident Injuries

Car accidents can happen all the time. In most instances, the damage can be devastating resulting to injuries or deaths. According to statistics from the Association for Safe International Road Travel, almost 1.3 million people die in road crashes yearly or 3,287 deaths daily. An additional 20 – 50 million are injured or disabled. Road traffic crashes ranked as the 9th leading cause of death and accounts for 2.2% of all deaths worldwide.

Depending on the nature of collision, there are different types of car accident injuries that can happen. They range from mild to severe. In this article, we shall learn about the common types of injuries in a car accident.

Head and Back Injuries

This is one of the most serious injuries that a person who get hurt in a car accident can incur. Drivers and passengers can hit their heads on steering wheels, dashboards, or windows. This can result to brain injuries, mild concussions or comas. It will often require long-term medical treatment. Severe injuries can include skull fractures, hearing loss, or vision problems.

For back injuries, damages to the spinal cord can result to significant nerve damage. Patients may experience reduced sensation of and control in their arms, hands, legs, and other body parts. Severe spinal cord injuries can result to permanent paralysis. Another possible injury is a herniated disk. While less severe than spinal cord or head injuries, it can still cause a problem.

Neck and Chest Injuries

Perhaps the most common car accident injury is whiplash. Sudden movement of the head and neck can lead to serious neck and muscle ligament damage. In the case of whiplash, the injury may vary from one person to another depending on the accident and the health of the person involved. Serious injuries may include trauma in the chest area. It may also cause broken ribs and collapsed lungs.

Other chest injuries may include internal bleeding which can be an immediate concern after a car accident. There could also be damage in the internal organs, pelvis, and abdomen. They require immediate medical attention.

Other Injuries

Other common car accident injuries can occur in the arms, legs, hands, and feet. Crashes and collisions most often cause emotional distress. In some instances, post-traumatic stress disorder may be needed.

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