Saturday, July 27, 2019

Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up 

The 2012 death of Apollo 11 astronaut Neil Armstrong shocked the nation. Although he was 82 years old, early news reports indicated he was recovering well after heart surgery. His death a few weeks later from complications caused an outpouring of support and tributes to the first man on the moon.
This month?s 50th anniversary of the moon landing has led to renewed tributes. It also brought news that the Armstrong family secretly negotiated a $6 million wrongful death settlement with the Cincinnati hospital caring for Armstrong at the time of his death.
Armstrong died after temporary wires for a pacemaker were removed, causing him to bleed internally. The family alleges that Armstrong underwent heart bypass surgery prematurely (thus the need for the temporary pacemaker), and that he received incompetent care after he began to bleed internally.
Know How to Speak Up
Armstrong?s family likely leveraged the hospital?s fear of being known as the facility responsible for the death of an American icon for a large settlement. And in his case, doctors may have indeed needed to act quickly to attempt to save his life.
Still, the episode provides valuable learning opportunities for others.
In many medical malpractice cases, or just stories about people receiving poor medical care, patients say that the doctor and nurses would not listen to them. Research shows that people are often scared speak up to doctors and nurses, essentially because they do not want to offend the experts.
It is important to remember, though, that you are your own best advocate. As a patient, you have the right to:

Seek a second opinion
Ask questions about potential complications of treatment
Discuss multiple options for treatment
Withhold your consent to undergo a procedure or treatment

Look Out for Older Relatives
It?s hard to envision Neil Armstrong being unable to speak up for himself. But many elderly patients experience this. Think of elderly relatives in your own life who ?don?t want to be a bother.? One thing patients also have the right to do is designate a loved one to speak on their behalf.
If you have aging parents, grandparents, or other loved ones, now may be the time to start to have that conversation with them about their wishes for different types of treatment they may want to receive. A confident advocate who can speak up for a patient may be able to provide a doctor with crucial information that can help prevent mistakes or malpractice. It is one seemingly small step that could make a giant difference in someone?s life.

The post Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up  appeared first on Rutberg Breslow Personal Injury Law.



Armstrong Wrongful Death Settlement Highlights Patients’ Need to Speak Up 

Tuesday, July 23, 2019

Cities Attempt to Strike a Balance on Electric Scooters 

The recent death of a popular British YouTube personality in an electric scooter accident has prompted renewed calls for tighter regulation of the personal transport devices.
Actress Emily Hartridge, 35-year-old host of the YouTube comedy video series, ?Ten Reasons Why,? was killed July 12 when the scooter she was riding collided with a bus in a London roundabout. Well before that tragedy, e-scooters had been drawing increasing ire as an unregulated public nuisance, but Hartridge?s death drew attention to a more serious impact: the threat they are posing to life and limb.
The evidence of injuries and deaths has been mounting. In April, a study by the Austin Public Health Department found that e-scooters were responsible for 190 injuries ? 48 percent of them head injuries ? in that Texas city during a three-month period last year.
Studies in other cities have produced similar findings. In January, the Journal of the American Medical Association reported on one that was conducted at two Los Angeles hospital emergency rooms over a one-year span. The study identified 249 scooter-related injuries, 228 of them to riders. Forty percent were head injuries and nearly a third were fractures. Only 4.4% of the patients were wearing helmets while riding.
A Promising Transportation Option
Despite all the negatives, however, even critics admit that e-scooters offer a cheap, clean transportation option that can help reduce traffic congestion. Seeking to strike a balance between public safety and enhanced transportation, many cities and states are passing laws and ordinances that are attempting to provide some order to the disorder:

In March, the Boston City Council passed an ordinance creating a licensing system for e-scooter companies. It sets a cap on the number of licenses, the number of scooters, and requires the additions of brake lights and turn signals on the scooters. It also requires vendors to develop a safety plan to communicate to riders.
An ordinance passed by the Atlanta City Council in January prohibits use of e-scooters on sidewalks, as well as cell-phone use by riders.
On July 16, San Francisco?s Municipal Transportation Agency ended a pilot program and allowed e-scooter companies to apply for annual permits. San Francisco?s regulations limit the areas where e-scooters can be used and provide preferential treatment for e-scooter companies that provide helmets.
On June 15, Chicago became one of the last major American cities to allow e-scooters when it launched a four-month pilot program that prohibits their use in the downtown Loop.
Seattle still bans e-scooters, but the mayor and city council now support a pilot program scheduled to begin later this year.
In April, the Sacramento City Council passed an e-scooter ordinance that aspires to limit e-scooter ?littering? by requiring that they be parked next to bike racks.

Meanwhile, the SAE Industry Technologies Consortia, an organization that includes governmental and private-sector partners, has launched an effort to assist local governments in developing best standards for developing e-scooter regulations. The group encourages the use of technological tools to enhance safety, including the use of ?geofencing,? which automatically reduces scooter speeds in certain geographic areas.
Cities and Users Have a Responsibility
Our cities are too often congested by too many automobiles, so e-scooters provide a great new option for people to get from Point A to Point B quickly, cheaply, and cleanly. But their introduction into the transportation mix also introduces risks to users and pedestrians alike.
In April, the National Association of City Transportation Officials reported that Americans took 84 million trips on shared scooters and bikes last year?more than twice as many as the previous year. The organization?s executive director, Corinne Kisner, said that, as a result, cities are in a position to determine a future that is best for users and pedestrians alike.
?Cities are proactively thinking about how to harness the incredible potential of these shared services in the public right-of-way,? she said. ?As stewards of the public realm, it is vital that cities retain authority over their streets.?
You might be an e-scooter user who loves the convenience. And you might be the kind of pedestrian who finds their presence annoying. Whichever the case, it?s important to recognize that you?ll need to give some ground as cities develop plans to keep the peace and keep people safe.

The post Cities Attempt to Strike a Balance on Electric Scooters  appeared first on Rutberg Breslow Personal Injury Law.



Cities Attempt to Strike a Balance on Electric Scooters 

Wednesday, July 17, 2019

Another Study, Another Piece of Bad News for E-Cig Users 

Experiment by experiment, study by study, the shine of vaping as a safer alternative to traditional cigarettes seems to be wearing off.
The latest, courtesy of the University of California, Riverside, finds that e-cigarette usage can cause critical brain cell damage and death. The study points to the effects of e-cig usage as especially perilous to pregnant women and teens.
Study: Vaping Produces ?Stress Response? in Cells
According to the study, published in June in the journal iScience, nicotine consumption through e-cigarettes leads to ?stress-induced mitochondrial hyperfusion.? Also known as SIMH, this condition is a ?protective? that neural stem cells will undergo after exposure to nicotine from e-cigs, according to UC-Riverside professor Prue Talbot, the lead researcher.
Atena Zahedi, another researcher on the project, said stem cells are much more vulnerable because they are young and not yet fully formed into the specialized cells that they will become to carry out crucial functions. The flood of nicotine causes the stem cells to let other chemicals and substances in, which can irreparably alter their chemistry or cause cell death.
That damage can quicken the aging process or even cause neurodegenerative diseases, she said. ?Even short-term exposure can stress cells in a manner that may lead, with chronic use, to cell death or disease,? Zahedi said. 
Are We Reaching a Tipping Point?
The team performed their research using Vuse brand e-cigarettes. Together with industry leader JUUL, the brands have faced heavy criticism, and even litigation, for dangerous products that can even explode. They have also come under fire lately for allegedly targeting their products to teenagers.
The UC-Riverside study?s authors take special care to note that SIMH is especially dangerous for teens. One of e-cigarette makers? favorite themes in their marketing is that vaping keeps a user?s lungs safe from the damaging tar that is in cigarettes. But this study shows that nicotine itself is causing damage, beyond its addictive properties.
?Nicotine exposure during prenatal or adolescent development can affect the brain in multiple ways that may impair memory, learning, and cognition,? Talbot said. ?Furthermore, addiction and dependence on nicotine in youth are pressing concerns. It?s worth stressing that it is nicotine that is doing damage to neural stem cells and their mitochondria.?

The post Another Study, Another Piece of Bad News for E-Cig Users  appeared first on Rutberg Breslow Personal Injury Law.



Another Study, Another Piece of Bad News for E-Cig Users 

Saturday, July 13, 2019

Recalled Pig Ear Treats Infecting Both Man and Beast 

Admit it. You?ve thought about it. If you have a pet, you?ve wondered what their food tastes like. Oh sure, you wouldn?t dare do it, but some of those treats smell just like bacon!
Well, the latest recall will stop that wondering in its tracks. Across 33 states, the chain retailer Pet Supplies Plus is voluntarily recalling its bulk pig ear dog treats after reports of salmonella sickening 45 people.
Man?s Best Friend?
According to the Centers for Disease Control and Prevention, 12 people who contracted salmonella in this latest outbreak needed to be hospitalized. Thankfully, there are no deaths reported. The CDC believes the bulk pig ears are the cause, after 89 percent of interviewed infected people reported having contact with a dog.
In a joint investigation with the U.S. Food and Drug Administration, the agencies have not been able to find the source of the outbreak. They note that prepackaged pig ear treats are not a part of this recall.
They also note that while dogs can also contract salmonella, they can pass along the bacteria to humans without any visible signs of infection. They warn that something as innocent as a dog licking your face after eating a contaminated treat can cause an infection. Both the CDC and FDA instruct people who have purchased the treats to:

Dispose of any remaining treats immediately
Clean any containers holding the treats
Store any pet food and treats out of reach of small children
Wash hands with soap and water after handling the treats
Prevent dogs from licking your face, mouth or any wounds after they eat

What To Do if You Get Sick
Fortunately, most people who get salmonella only have to endure a few days of gastrointestinal distress. And while we may joke a little bit about this particular case, for some ? such as those with weakened immune systems ? a salmonella infection can have disastrous, even fatal consequences.
Many people stricken by salmonella or other food-borne illnesses have successfully taken legal action to recover compensation for medical bills and lost wages. In many cases, such as with pet food, the law regards liability for food-borne illness the same as any other defective product.

The post Recalled Pig Ear Treats Infecting Both Man and Beast  appeared first on Rutberg Breslow Personal Injury Law.



Recalled Pig Ear Treats Infecting Both Man and Beast 

Friday, July 12, 2019

Things to Consider When Hiring an RV Accident Attorney

Considerations for finding the right RV accident lawyer

You have an important decision to make. Technically, any lawyer licensed to practice law in Texas can represent you after an RV crash, but not every lawyer may be the right choice for you.

Here are some considerations to keep in mind.

  • The lawyer’s experience. An experienced personal injury attorney can guide you through an RV accident case and make sure no costly mistakes are made. The lawyer who drafted your will or helped you buy your home may not have any experience with personal injury cases and not know enough about the practice of personal injury law to help you in the same way.
  • His or her willingness to investigate the crash. You want an attorney who will put in the extra effort to get as much information as possible about your accident. All aspects of your crash should be fully investigated so useful evidence can be protected and used during settlement negotiations or in court.
  • The attorney's view on personal injury settlements. An insurance settlement that compensates you for all of past and future injuries is desirable. You want your lawyer to try to negotiate a settlement so you get the recovery you deserve without the uncertainty or stress of a trial. However, you don’t want to settle for less than your case is worth just because the lawyer doesn’t want the work of going to trial. Accordingly, include the possibility of a going to trial to protect your rights as one of your talking points during a legal consultation.
  • How the lawyer will be paid. Some personal injury lawyers work on a contingency fee basis. That means an attorney's fees are paid out of your settlement or court recovery. You won’t owe any hourly fees up front.
  • Your gut feeling at an initial meeting. Your RV accident lawyer has an important job to do for you. Therefore, it's important to hire someone you trust and who communicates well. You should review a lawyer’s testimonials and reviews, but also listen to your intuition.

Call an RV Accident Lawyer Today

Learn more about how Steven M. Lee, P.C. can help you after an RV accident by calling us today to schedule a free initial case evaluation.

 



Things to Consider When Hiring an RV Accident Attorney

Thursday, July 11, 2019

What should I do after an RV accident?

After an accident with a recreational vehicle (RV), the actions that you take significantly impact your legal rights and potential recovery. After an accident with a motorhome or a towable RV, you can protect your physical and financial recoveries in the following ways.

Calling 911

911 will dispatch police to investigate the crash and keep you safe at the accident scene. Medical first responders will also arrive to assess your injuries and get you to the hospital, if necessary.

Getting medical help

After getting help at the accident scene, it's critical to get all necessary follow up medical care and to follow your doctors’ treatment plans

Gathering evidence

Beginning at the accident scene, you can take photos and write down witness contact information that may be useful to your case. After you leave the accident scene, you and your attorney can work together to identify and secure other evidence that may be useful to your case.

Limiting what you say to insurance companies

Insurance companies will try to twist your words and use them against you. The insurance company wants to limit the amount it pays to you by proving that you were responsible for the crash or that your injuries aren't as bad as you say.

Using social media cautiously

Your social media posts may be misconstrued and used to prove that you're not as hurt as you claim.

Calling a lawyer as soon as possible

Your attorney will advise you every step of the way, so you don’t have to wonder about whether you're doing the right thing to protect your recovery.

When someone else’s negligence causes your accident injuries, you have the right to recover damages for things such as medical expenses, lost income, physical pain, and emotional suffering. Taking the actions described above can help you establish liability and get the damages you deserve.

Schedule a Free Legal Consultation Today

Steven M. Lee, P.C. is ready to help you if you're hurt by a negligent RV driver. Fill out our online contact form today and schedule a free consultation with him to find out more.

 



What should I do after an RV accident?

Summer Injury Roundup: Who Is Liable for Injuries Away From Home? 

Summer days are sliding past all too quickly, helped along by the variety of fun warm-weather activities available for families to enjoy. Some of the best fun often has a hint of a dangerous thrill to it, from rope swings to tubing at the lake to roller coasters. But if you or your child is injured while enjoying a theme park, pool, or friend?s cabin, will someone else cover the medical costs?
Here is a roundup of some fun summer activities that can, unfortunately, have a dangerous side ? and who can be held responsible if someone gets hurt:
1. Swimming Pools
From slipping and falling on wet pool decks to drowning accidents, pools are notorious for serious injuries. Unsuspecting pool-goers can be injured from chemicals, bacteria, and even poorly installed waterslides, diving boards, or old pool toys. Whether the pool belongs to a neighbor, the city, or a hotel, the owner of the pool is responsible for keeping the area safe for everyone.
2. Cruise Ships
Nobody wants to deal with severe sickness or injuries while stuck out on the open sea on a cruise ship. Luckily, many commercial cruise ships are equipped with medical bays in case the worst should happen. From wet decks to food poisoning to sea-related viruses, there are good reasons to be cautious on cruises. If you get sick or injured while on board, the cruise line company may be responsible for your medical costs.
3. Outdoor Jobs
Many outdoor jobs are proactive about keeping their employees safe ? in and out of the sun. But in some cases, employees may develop skin cancer, dehydration, or heatstroke, or suffer injuries from improper clothing or an unsafe natural environment. If you suffer an injury on the job, you may qualify for a workers? compensation claim, or you may have a premises liability claim against the owner of the unsafe property.
4. Summer Camps
Hundreds of children together with limited or unaccredited adult supervision ? what could go wrong? From extreme sports like biking or climbing to lifeguards that are barely trained, many serious injuries can occur at camps. Camp counselors who are responsible for many children can easily miss medical conditions or sicknesses. Generally, the camp is liable for injuries or illness that occur on their property.
5. Water Parks and Theme Parks
These parks are an absolute blast for children and adults alike. However mixing crowds, alcohol, waterslides, rides, wet ground, and excited people can all spell disaster. Depending on the situation, you may be looking at a lawsuit with the specific park, the overall company, an employee, or another guest.
A safe summer is the best summer, but if an injury does happen, an attorney can help you determine the right person to hold liable and how a signed waiver might impact your claim.
 

The post Summer Injury Roundup: Who Is Liable for Injuries Away From Home?  appeared first on Rutberg Breslow Personal Injury Law.



Summer Injury Roundup: Who Is Liable for Injuries Away From Home?