Failure to do ultrasound in ERs leads to state medical malpractice claim and Emergency Medical Treatment & Labor Act (EMTALA) claim.
The effects of traumatic brain injury can be wide-ranging, from subtle changes in personality to permanent physical impairments. In fact, the Centers for Disease Control and Prevention (CDC) estimates that TBI is a contributing factor in about 30 percent of all injury-related deaths.
While most brain injuries are mild, we now know that subsequent minor concussions can have long-term effects on the brain, and it is essential that people who suffer these injuries receive proper medical care and monitoring as soon as possible.
The Emergency Medical Treatment and Active Labor act, or EMTALA has been on the books since 1986. The initial intent of the legislation was to ensure nondiscriminatory patient access to emergency care and to prevent the practice of dumping, or discharging of uninsured patients. EMTALA claims often go hand in hand with traditional medical negligence claims because they can often occur at the same time. However, due to the fact that EMTALA claims are Federal in nature, they are not subject to state damage caps. Therefore, if a patient suffers injury as a direct result of an EMTALA claim they may receive compensation in excess of the medical malpractice claim.
Injurious medical errors happen more than you might expect, and the consequences can be devastating. In fact, the Office of the Inspector General has estimated that the federal government spends more than $4 billion annually to address medical errors in treatment covered by Medicare. It has also been estimated that hospitals report less than 1 percent of adverse medical events, which are defined as harmful events caused by medical care.
A report from a local news station highlights the risks patients may face when they go in for medical treatment. One woman, who has a lawsuit currently pending in Mahoning County, went to a hospital for a routine hysterectomy procedure. When she woke up after the surgery, she was in excruciating pain.
Missouri law bans texting while driving -- but only for novice drivers (those under age 21). This relatively lax ban is put in perspective when we consider most of Missouri's neighboring states. Nebraska, Kansas, Arkansas, Tennessee, Kentucky, Illinois and Iowa all ban texting while driving for all drivers, regardless of age.
While distracted driving can take many forms -- for example, eating, grooming, talking to passengers, changing CDs -- texting while behind the wheel is particularly alarming because it requires the driver's attention on multiple levels: manual, visual and cognitive. You need all of these faculties to operate a motor vehicle safely.
Whether we like it or not (and most of us don't like it), we are asked to share roads and highways with large trucks. At best, these giant vehicles make it difficult to see other cars on the road and difficult to maneuver through traffic. At worst, semi-trucks can cause or contribute to serious and fatal accidents.
Because semi-trucks often weigh 20 to 30 times more than standard passenger vehicles, one does not need to be a physicist to understand that the truck is going to inflict more damage than it absorbs. Truck accidents are often fatal for occupants of smaller vehicles, even when the truck drivers can walk away without a scratch.
Three People Injured as Vehicle Struck Ditch in Columbiana, OH
Most civil lawsuits, including personal injury and wrongful death lawsuits, are based on negligence laws, and those laws are left up to states to decide. In general, to hold a person responsible for negligence that caused injury or death, a number of things have to be proven.
First, you have to prove that the person whose negligence injured you owed you a duty of care. For example, a driver has a duty not to drive recklessly and thereby put your safety at risk. If you are injured by a reckless driver, then that driver breached his or her duty of care.
In dealing with the physical and emotional strain caused by a collision with a large truck, individuals and families are often overwhelmed by the prospect of pursuing compensation for medical bills and other expenses. You cannot be certain the insurance companies will provide the full measure of coverage you need, so it is important to know exactly who can be held responsible for a truck accident and how to notify those parties of your intention to seek compensation.
When it comes to responsibility for a victim's injuries, the trucking industry is exceedingly complex. The parties to these accidents go to great lengths to buffer themselves from liability. Still, it is important that all potentially liable parties are notified of your injuries in a timely manner.