Medical Malpractice Matters – “Tort Reform”

Monday, April 19, 2010

During the legal career of an experienced Michigan personal injury lawyer, it is common to represent a number of clients who have sustained severe personal injury as a result of medical malpractice or a doctor’s negligence. Throughout the country, some legislators are trying to push for so-called “tort reform” that puts a cap on the amount that patients can receive from medical malpractice lawsuits.  Michigan has long had “tort reform” which places such caps on recoveries.  However, as many news sources have pointed out, this system leaves no safety net for people. Blogger Andrew Cohen commented, “A system where doctors are rich, patients have no guarantees, and only patients have to make sacrifices is unacceptable.”

The most important people to listen to are the millions of people who have suffered personal injury or died as a result of a doctor’s negligence or medical malpractice accidents. After going through the complex legal system, some of these people victimized by the results of “tort reform” in their particular state.   Such caps should be banned, including  “proposals like ‘caps’ on compensation for families who need funds to survive; one-sided use  of clinical guidelines as a means of removing accountability for providers; and proposalsl to involuntarily  remove cases from the jury system.    Keeping informed, and opposing these arbitrary and unfair limits is important. 

The Law Offices of Bredell and Bredell supports the victims and the families of victims of medical malpractice. A negligent doctor can cause lfie changing consequences for patients, including severe personal injury or death. Because medical malpractice can have such extreme outcomes, it is essential to contact a hard-working Michigan personal injury attorney for legal advice and legal representation immediately.  Call us today.

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Dog Bite – Personal Injury to Three Kids After Dog Attack

Friday, February 12, 2010

In our personal injury law firm, we frequently encounter  troubling cases of severe personal injury as a result of dog bites. Many of our cases are much like this recent case, where three young children, all under the age of 10, were attacked by a pack of local neighborhood dogs and sustained severe personal injury as a result.

On February 1st, the three siblings, aged 5, 7, and 8, were walking with their mother along the train tracks when they were attacked by five dogs. The dogs, mastiff and pit bull mixes, had escaped from their nearby home by digging under the fence in the yard and escaping. The two older children suffered large lacerations, including one leg laceration that required 237 staples to close. The youngest child, however, sustained the worst injuries as a result of the vicious dog attack. She was ripped from her mother’s grip by the animals, and she suffered a punctured lung, multiple broken ribs, and several lacerations. Additionally, she is currently still in critical condition in a local Los Angeles hospital, breathing with the assistance of a ventilator.

The dogs were found by law enforcement officials a short time after the attack by their home. One of the dogs was shot when it attempted to attack a police officer, however the other four animals were successfully contained.  Although the owners weren’t immediately ticketed, there is a great possibility that they could face citations and fines for failure to control their animals, resulting in personal injury.

Attacks by vicious and unruly dogs is a terrifying experience that often ends in severe personal injury or death. As experienced and hard-working personal injury lawyers  Bredell and Bredell can  answer the questions that an injured individual has  regarding their case. Dog bites can cause life-changing and irreversible injuries, for which you could be entitled to compensation. To find out all of your options, contact an aggressive personal injury attorney today. The Law Offices of Bredell and Bredell has years of experience representing persons who have been injured at the hands of ruthless animals, and are available to help you.

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Safety Matters: NY Plane Crash Still Hasn’t Inspired Safety Reforms

Tragic incidents such as plane accidents are all too familiar to personal injury attorneys. Following any type of accident, safety matters is of the utmost importance as they have the potential to cause severe personal injury or death. Unfortunately, in the year following the crash of a regional airliner in Buffalo, New York, many of the main safety reformations have yet to be implemented–regardless of promises made by federal lawmakers.

The plane crash occurred on February 12th, 2009 when a regional connecting flight was approaching their destination airport when the twin-engine turbo-top experienced a sudden and unexpected stall. As a result, the plane plumted downward and crashed into a house. In total, all forty-nine passengers and one resident of the home that was hit died as a result of the plane accident.

During the hearing last May, it was determined that the two pilots made grave mistakes leading up to the crash. Both the captain and the first officer were unsure of proper safety techniques for every aspect of the plane they were flying and both were tired. In addition, the captain of the plane failed numerous pilot skill tests before flying the continental flight, and therefore was an unqualified candidate to operate the plane.

This crash is so significant because it displays how far behind regional airlines are from major carriers. Low-fare, commuter planes are often operated by pilots who are fatigued, have inadequate training, and have long distance commutes. Although  the carrier lines have been persuaded to make safety improvements as well as their inspection and consideration of performance during training programs. However, these safety regulations have yet to be implemented–the House of Representatives has passed the updated regulations, while the Senate has yet to take action due to unrelated problems.

Losing loved ones as a result of a plane crash accident is very difficult to bear, and can have life-changing consequences. An experienced personal injury lawyer can help provide answers to the many questions that you may have regarding your loved ones death. Depending on the circumstances, it may be possible to recover damages for the losses incurred as a result of the plane crash accident. To find out your best options, seek a hard-working personal injury attorneyfor legal advice and legal represenatiton. The Law Offices of Bredell and Bredellhave years of experience fighting for the rights of injured persons, and are ready to work just as hard for you.

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MI Safety Matters: Car Accidents Caused by Winter Weather

During the legal career of an experienced Michigan personal injury lawyer, it is common to represent clients who have sustained severe personal injury as a result of a car accident. Unfortunately, auto accidents are even more likely to occur in the slick and icy winter months. 

Michigan State Police Trooper Aric Dowling was one of the many police officers in the state who responded to numerous accidents during the recent snowstorms.  Included in that group is a tragic car accident occurring yesterday morning on highway I-94. A Ford Focus driven by Ypsilanti resident, Tracy Guest, 35, slammed into a BMW while traveling eastbound. Then, the vehicle was t-boned by a Waste Management truck. Two passengers in the car and truck were sustained personal injury as a result of the car accident, and were sent to the hospital. Guest was not as lucky–as a result of the impact, she died at the scene of the car accident.

On one recent snowy day over 2,800 phone calls were placed for emergency road side services to AAA. The great number of emergency calls highlights some important stafety tips regarding driving in Michigan winter weather. As the roads may be slick, icy, or not completely plowed it is possible for the car to spin out or slide. Therefore, it is vital that all drivers on the snowy roads pay the utmost attention to the road, reduce their speed, and keep an assured clear distance at all times.   All distractions, such as cell phones or iPods will only increase the likelihood of a car accident occurring.

The Law Offices of Bredell and Bredell encourage every Michigan driver to exercise extreme caution while on the roads this winter. Slower speeds, paying attention to the road, and wearing a seat belt are three important tips that can be the difference between life and death in the event of a car accident. As seen by the example of Tracy Guest, severe personal injury or death can occur as a result of car accidents in winter weather. Should you or a loved one sustain injury in an auto accident, it is important to contact us, your hard-working and trustworthy Michigan personal injury attorneys.

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Wrongful Death – Hanging Death Results in Lawsuit Against School District

Wrongful death incidents are devastating for the family and friends that are left behind. Personal injury lawyers see and hear many examples of wrongful death accidents, much like the midwest fifth grader who died in a north suburban elementary school last year.

On February 3rd, 2009, ten year-old Aquan Lewis was found hanging on a hook in a bathroom stall at his local elementary school. When the boy was found by paramedics, he was taken to the hospital and physicians attempted to resuscitate him. Unfortunately, their efforts were in vain, and Lewis was pronouned dead on February 4th. The county medical examiner performed an autopsy, and ultiamtely determined the child’s death a suicide.

The family of Aquan Lewis filed a wrongful death lawsuit this year against the elementary school maintaining that the boy was the responsibility of the elementary school during school hours. On the day of the wrongful death accident, the boy’s classmates were lining up for gym class at approximately 2:30 p.m. when he went missing. According to the prosecution, no efforts were made to locate the boy when he did not show up for gym class. Additionally, multiple pieces of evidence were found at the scene of the wrongful death accidentwhen a young student found Lewis thirty minutes later.

There are currently four allegations against the school: wrongful death negligence, survival action negligence, wrongful death related to willful and wanton conduct, and survival related to willful and wanton conduct. 

Wrongful death incidents are irreversible, life-changing accidents that can leave friends and family with a lot of questions regarding what to do next. An experienced and hard-working personal injury attorney can help provide answers as well as the best legal advice for filing a successful suit. For your losses, you may be entitled to compensation for your damages, pain, and suffering. To find out all of our options, The Law Offices of Bredell and Bredell is ready help you with your case.

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Medical Malpractice Matters

For a long time, claims have been made that medical malpractice awards drive up health care costs. However, a recent study shows that the idea of big payouts for their mistakes has caused many medical practicioners to reduce the amount of hours that they are working.

According to the Journal of Law and Economics, when medical liability is increased by just ten percent, doctors end up working approximately 1.7 hours less per week on average. Economists Eric Helland and Mark Showalter try to keep these numbers in perspective. “This is roughly equivilent to one in thirty-five phsyicians leaving the workforce entirely, or about 21,800 physicians,” they commented.

The study is comprised of data from insurers about the medical liability risks in each state, divided by medical specialty. Additionally, the study has surveys from medical practicioners regarding their workload and income. The results of the study showed that when the risk of liability changes, doctors will alter their workload accordingly. One would assume that this is done in order to see fewer patients, and ultimately minimize the risk of a medical malpractice accident. However, it could also mean that physicians are reducing their availability in order to be more careful and thourough with their patients.

Some state courts, such as Missouri and Georgia  are challenging existing medical malpractice caps that are in place. For example, these two states limit the amount that can be awarded for pain and suffering to $350,000 regardless of the circumstances of the case. Legal representatives and patients alike are fighting against caps such as these around the nation. The intention of the study is to shed light on the trends surrounding that very debate. However, they highlight the importance of taking each state’s individual characteristics into account. Showalter explained, “If the cost of providing medical care varies by state, why should we have a national, one-size-fits-all approach? The same cap would have very different effects in Kansas than in New York.”

Medical malpractice injuries are particularly devastating because they are caused by those in which whom we place the utmost trust–doctors, nurses, surgeons, and other medical practicioners. An experienced personal injury laywer can help provide answers to the many questions a person injured in a medical malpractice accident will certainly have. Sustaining personal injury as a result of doctors mistakes can be life-changing and have irreverseable consequences. For these injuries, you may be entitled to compensation for your pain and suffering. To find out your options, seek legal advice from a hard-working and trustworthy personal injury attorney immediately. The Law Offices of Bredell and Bredell has years of exerience fighting for the rights of injured persons,  and are ready to provide the best legal representation possible for your personal injury claim.

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Car Accident – Utah Patroller Alive After Freeway Accident

Joining the highway patrol in any state can be a frightening occupation–in the blink of an eye, it is possible to be “trunked,” or in other words, be hit from behind by an oncoming vehicle. When Rachel Zubal jointed the Utah Highway Patrol over three years ago, this was one of her primary concerns. She commented, “When you’re out in five lanes of 70-plus mile-per-hour traffic, you feel very helpless and out of control.”

Zubal’s fears were confirmed this past Satuday night when she was struck by a minivan as she stepped out of her patrol car in the left meridian on northbound I-15. According to law enforcement officials, the vehicle that hit Zubal was traveling twenty-five to thirty-five miles-per-hour and dragged the patrol officer over seventy five feet. When the minivan finally stopped about one hundred feet later, Zubal’s jacket was still caught on the front grille of the car. According to the driver, he moved into the middle lane but lost control of his vehicle when another car forced him to move into the left lane.

As a result of the accident, the mother of two sustained a broken pelvis and could require some skin grafts. Despite this, she is very lucky to be alive, given the circumstances of the crash. In response to this accident, and several similar accidents, the Utah Highway Patrol is pleading with drivers to slow down and proceed with caution when passing stopped vehicles on the highway.  In past years, two troopers would be on the scene of a pulled over vehicle–one officer would interact with the driver, while the other would alert traffic to the pulled over cars. However, according to to UHP Col. Daniel Fuhr, the Department of Public Safety had to lay off twenty-one troopers last year, and has been instructed to downsize another four percent this year. “We no longer have the staff to do that,” he commented. “Our troopers are working harder than they’ve ever worked before,” as they sometimes handle up to twenty accident on snowy days.

Snowy, winter weather creates ideal conditions for car accidents, as seen by the example of Rachel Zubal. It is vital that all motorists exercise extreme caution while on the road at all times, otherwise, severe personal injury or death can result. An experienced personal injury attorney can help provide answers to the many questions that an injured individual will undoubtedly have regarding their case. Car accidents can have life-changing consequences including irreversible and permanent personal injuries or death. For this, you may be entitled to damages and compensation for your pain and suffering. To find out all of your options, it is important to contact a hard-working and aggressive personal injury lawyer for representation. The Law Offices of Bredell and Bredell are ready to help provide help for you regarding your case.

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Catastrophic Injury – NFL Player’s Union Forms Brain Injury Panel

Friday, January 29, 2010

Participation in tough and aggressive athletic sports such as football can result in severe personal injury, including traumatic brain injuries. National Football League Hall of Famer Jack Youngblood has joked that he can not even remember how many concussions he has had since he began playing the sport at the age of twelve. However, he does not disregard the severity of the damage he has absorbed as a result of the game. 

The former football star was one of the speakers at the first meeting of the Mackey-White Traumatic Brain Injury Committee last week. The organization was named after two Hall of Fame football players that have been directly affected by brain injury: tight end John Mackey was recently diagnosed with Alzheimer’s Disease, while defensive lineman Reggie White died at age forty-three because of aggravated injuries. The group was formed by the NFL Players Association and is comprised of a variety of professional athletes, former and current NFL players, as well as numerous doctors and scientific experts. It was formed in order to have open discussion of the brain injuries that many players sustain as a result of playing professional football and has a goal of developing solutions to the safety issues players face in order to keep them safer during practice and games.

Since then, the National Football League has created stricter guidelines for players who are showing concussion symptoms. In order to ensure that players do not return to the field too quickly, each team must enlist the services of an independent neurologist for advice. Additionally, a partnership has been formed with Boston University brain researchers who have been very influential of the league’s rules governing concussions because of tests they conducted on football helmets. It is hoped that the committee will serve as a “superconductor” of information in order to spur decisive progress towards protecting football players from traumatic brain injuries.

Sustaining catastrophic injuries as a result of a recreational accident is life-changing and will likely have permanent consequences. An experienced personal injury attorney can help answer many of the questions that an injured individual will likely have regarding their case. If you have traumatic brain injuries as the result of an accident, you may be entitled to damages for your pain and suffering. A hard-working and aggressive personal injury lawyer can provide the legal advice and legal representation necessary to be successful. The Law Offices of Bredell and Bredell have years of experience fighting for the rights of injured persons, and are ready to do the same for you.

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Dog Bite – Police Encourage Owners to Keep Dogs Contained

Tuesday, January 26, 2010

Vicious attacks by neighborhood dogs can cause severe personal injury, as seen in a recent case of a Louisiana teen who sought medical treatment after being bitten. A fifteen year-old boy was attacked at a Libuse-area home by two pit bull dogs that were off their property.

Around 12:15 p.m. last Monday, the pit bulls attacked the teenager in the 100 block of Holiday Boulevard in the Libuse area. The teen was bitten in the leg by the unrestrained dogs, and was then taken to an area hospital for medical treatment. When a Rapides sheriff deputy tried to restrain the animals, they attempted to attack him instead. In response, the police officer fired his gun at them in order to protect himself. Eventually, the pit bulls were seized and the owner of the dog’s received a citation for owning dangerous animals and allowing them to run unsupervised throughout the neighborhood. 

Whether in Michigan or Louisiana, animal control officers encourage all dog owners to keep their pets,  properly contained and restrained because this protects others from being attacked and sustaining personal injury. Additionally, doing this will also protect the owner, as they are held responsible for any injuries and/or deaths caused by their pet.

Attacks from unrestrained dogs can cause severe personal injury and/or death. A hard-working personal injury attorney can help provide answers to the many questions that an injured individual would likely have regarding their case. Personal injuries sustained from dog bite accidents can be life-changing, and often hold permanent consequences. Therefore, it is important to contact an experienced and aggressive personal injury lawyer for the best legal representation possible. The Law Offices of Bredell and Bredell have years of experience fighting injured persons to receive the compensation that they deserve. Do not hesitate to contact us immediately for legal advice.

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Personal Injury Law – American Lawyers Get Ready For a Fight

The rise of medical errors in hospitals and other medical facilities have prompted organizations from around the nation to take notice. One of these groups, The American Association for Justice has taken a very active stance against the widespread problem. The trial lawyers group has begun an aggressive grass-roots campaign to spotlight the problem of medicinal errors and how important medical malpractice litigation is.

One of the ways The American Association for Justice has broadcasted their cause is through a web site that they created. (www.98000reasons.org) This site encourages all visitors to contact their representatives encouraging them to keep patients their top priority. Additionally, there is a lot of information on the web site informing the public of how serious the coneseuqences of medical malpractice errors are. Each year, 98,000 people die from preventable medical mishaps–that is equivilent to two 737 airplanes crashing every day.

The organization of trial lawyers attests to their first-hand experience as witnesses to the devastating effects of medical malpractice–errors in the emergency room has consequences not only for the injured, but for the injured’s family as well. The blame is placed upon negligent doctors, physicians, surgeons, and nurses that made serious errors during procedures that caused personal injury. According to the web site, “The best way to have fewer medical malpractice cases is to reduce the number of medical errors.”

The American Association for Justice is petitioning regarding the creation of “medical tribunals” or special courts to hear the medical malpractice lawsuits. By designating specific courts for these cases, it deprives the plaintiff of their seventh-amendment right to a trial by jury. The petition states, “Any attempt to limit an injured patients’ right to their day in court should be voted down.” Additionally, the organization suggests that safety measures for patients should be the focus of legislation–not simply tort reform.

Medical malpractice incidents are especially  tragic because they violate the trust-based relationship between doctors and patients. A hard-working personal injury attorney can help answer many of the questions that an injured individual likely has regarding their case. Sustaining personal injury as a result of medical errors can be life-changing. For these injuries, you could be entitled to compensation. An experienced and aggressive personal injury lawyer can help provide the best legal representation for your suffering. The Law Offices of Bredell and Bredell have years of experience fighting to the rights of injured persons, and is ready and waiting to fight for you as well.

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