law content 11/22/21

When driving on the highway you are at a serious disadvantage if involved in a crash with a larger vehicle. In crashes involving large trucks, the occupants of a car, usually the driver, sustain 78 percent of fatalities. In order to keep you and your family safe when driving around large trucks and buses, you should be extra cautious. Sharing the road with larger vehicles can be dangerous if you are not aware of their limitations. Here are a few tips to help you drive safer to prevent an accident and minimize injuries and fatalities if one does occur.

CUTTING IN FRONT CAN CUT YOUR LIFE SHORT
If you cut in front of another vehicle, you may create an emergency braking situation for the vehicles around you, especially in heavy traffic. Trucks and buses take much longer to stop in comparison to cars. If you force a larger vehicle to stop quickly this could cause a serious, even fatal accident. When passing, look for the front of the truck in your rear-view mirror before pulling in front and avoid braking situations!

BUCKLE YOUR BELTS
Always buckle your seat belt. Seat belts are your best protection in case of a crash, especially if you get into an accident with a large vehicle such as a truck. Trucks require a greater stopping distance and can seriously hurt you if your car is struck from behind. However, your seat belt will keep you from striking the steering wheel or windshield, being thrown around, and from being ejected from the car. Wearing a seat belt is the single most important thing you can do to save your life, especially in a crash with a large truck.

WATCH YOUR BLIND SPOTS – THE “NO-ZONES”
Large trucks have blind spots, or No-Zones, around the front, back and sides of the truck. Watch out! A truck could even turn into you because these No-Zones make it difficult for the driver to see. So, don’t hang out in the No-Zones, and remember, if you can’t see the truck driver in the truck’s mirror, the truck driver can’t see you.

INATTENTIVE DRIVERS
Inattentive drivers do not pay attention to driving or what is going on around them. They can be just as dangerous as aggressive drivers when they drive slowly in the passing lane, ignore trucks’ brake lights or signals, and create an emergency braking situation. They also create dangerous situations when they attempt to do other things while driving, such as using cell phones. When you are driving, please focus only on the road. If you need to attend to another matter while driving, safely pull over in a parking lot or rest stop.

AGGRESSIVE DRIVERS
Aggressive drivers can be dangerous drivers. They put themselves and others at risk with their unsafe driving. Speeding, running red lights and stop signs, pulling in front of trucks too quickly when passing, and making frequent lane changes, especially in the blind spots of trucks, can create dangerous and potentially fatal situations on the road. These situations can lead to road rage not only for the aggressive driver but also for others sharing the road.

AVOID SQUEEZE PLAY
Be careful of trucks making wide right turns. If you try to get in between the truck and the curb, you’ll be caught in a “squeeze” and can suffer a serious accident. Truck drivers sometimes need to swing wide to the left in order to safely negotiate a right turn especially in urban areas. They can’t see cars directly behind or beside them. Cutting in between the truck and the curb increases the possibility of a crash. So pay attention to truck signals, and give them lots of room to maneuver.

NEVER DRINK AND DRIVE
Drinking and driving don’t mix. Alcohol affects a person’s ability to make crucial driving decisions, such as braking, steering, or changing lanes. Remember, you are not the only one in danger when you decide to drink and then drive. You are sharing the road with everyone including large vehicles and your chances of getting into an accident are greatly increased. If you get into an accident with a truck, you’re out of luck. The odds of surviving a serious accident with a large truck are too low. However, if you do live through it without serious injury, think of your higher insurance rates, your large legal fees, and other social and professional setbacks it will cause you. So think before you drink.

Contact our Virginia Accident Lawyers if you have ever experienced a personal injury and think others are at fault for the accident.

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As a vehicle driver, you will be no doubt well aware of the importance of safety on the road. When driving on the roads, you will be well aware of other vehicles around you, the environment you are driving in and what laws you should be abiding whilst driving. However, even if all of these factors are taken into account, a road accident is something you cannot know is coming. Many of the highways within the Massachusetts area, such as Route 95, the Mass Pike and Route 495 are often the location for the vast majority of significant crashes that occur due to the huge amount of cars, trucks and motorcycles which travel on them every day. If you are lucky enough to have not been involved in a car crash, you may not be aware of what exactly you should do in terms of looking after yourself and in abiding with the law.

Firstly, you should never leave the scene of the crime unless advised to do so. By fleeing the scene you can be damaging your case before it has begun, as this is a crime to do so. In terms of when you hire a lawyer to help you with your case, you may actually make it exceptionally difficult for them to be able to fight your case for you if you have fled the scene. In extreme cases where someone involved in the crash has unfortunately died, this could result in the case becoming more severe, with you being charged for ‘hit-and-run’. It is a good idea to check on all those involved in the crash to ensure that everyone is ok and where needed, so you can seek medical advice for those who are injured. This will also be beneficial for you in terms of your case, it will show that you were compassionate about the accident-regardless of whether you were to blame or not. During this time, you should also call for the police, unless it has already been done, and inform them of the whole incident. At times where the police arrive at the scene, you should ask the officer to file a police report so that this can be used within the records for your case, which will help your lawyer know more about the crash itself. It is also a good idea during this time to also note down for yourself, the name of the officer who arrived at the scene, and their badge number.

Car crashes can often be very messy events where the blame is pushed to and fro between victims. The best thing you can do for yourself in order to make the whole case go much smoother is to provide the other driver with your personal and insurance details, and ask for them to do the same. It is imperative you have this, not only for your insurance company-whom you should contact as soon as possible after crash, but also for your Boston Lawyer for their records of the case. As difficult as this time may be, try to be as co-operative as possible, as this could help you in the long run, but never apologize for the crash or take any blame as you will be owning up to legal liability which instantly can ruin your car crash case.

Facing a court case over something like a car crash is a very unsettling and difficult thing to go through. If you have done everything correctly, you have already helped yourself massively in making the case as easy as possible for you. However, with the right Boston Lawyer, you will be safe in the knowledge that your corner will be fought for you and that win might be a little easier to reach.

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IF YOU OR A LOVED ONE NEEDS A MASSACHUSETTS PERSONAL INJURY LAWYER BECAUSE OF MASSACHUSETTS PERSONAL INJURIES SUFFERED IN A MASSACHUSETTS PERSONAL INJURY ACCIDENT, Contact OUR BOSTON, MA PERSONAL INJURY LAWYER SPECIALISTS.

Massachusetts personal injury accident victims can suffer from many different kinds of Massachusetts personal injuries and ailments, typically resulting from someone else’s negligence. In more fortunate and less serious personal injury accident situations, an individual may sustain injuries that only result in temporary health problems, such as more minor neck or back pain that completely resolves in several weeks or a few months. In more serious Massachusetts personal injury accidents, however, the Massachusetts personal injuries that are suffered may be life-changing, permanent and catastrophic, and may cause significant disability, illness or even Massachusetts wrongful death

To be sure that your injuries are evaluated properly, the Boston, MA personal injury lawyer experts at our Boston, MA accident injury attorney law firm regularly consult with medical experts and other expert professionals to obtain expert opinions on both liability and the extent of your personal injuries. It is critical for your accident claim that your Massachusetts personal injuries are promptly evaluated and analyzed by appropriate experts, not only in order for you to get appropriate medical treatment , but also to be able to present the best evidence to recover the fair and just monetary personal injury damages that you are entitled to under Massachusetts law.

Our Boston accident Attorney specialists believe that it is our duty to provide extraordinary and superior legal representation and counsel for each of our clients. To achieve that objective, our Massachusetts personal injury clients get excellent communication from our Massachusetts personal injury Attorney experts. Our Boston accident Attorney advocates make it a number one priority to promptly respond to all of our clients’ questions and concerns, and we keep our Massachusetts personal injury clients fully informed about their cases, each and every step of the way. Our Boston, MA law firm also copies our clients on all correspondence that is sent out. Furthermore, no action is ever taken on a client’s behalf unless the issue has been previously discussed with our client and an agreement on how to proceed has been reached.

Boston Personal Injury Lawyer Our Boston Personal Injury Lawyer Experts and Massachusetts Personal Injury Attorney Professionals Handle All Kinds of Massachusetts Personal Injury Claims.
When you or your loved one has been injured or sustained wrongful death damages in a Massachusetts accident through no fault of your own, our expert Boston, MA accident injury attorneys will help you. Our Boston, Massachusetts law office has more than two decades of experience helping innocent Massachusetts personal injury accident victims recover fair and just monetary compensation for their personal injury damages. We have recovered million of dollars in injury damages for our Massachusetts personal injury clients.

In many Massachusetts personal injury claims, your medical bills will likely be paid by an insurance company. In some instances, however, the insurance company that is obligated by law to pay your medical expenses will not go out of their way to procure a copy of the medical records and corresponding medical bills that they are responsible for. The party that sustained the Massachusetts personal injuries may then end up paying the bills. This is frequently the case when you have not obtained an experienced Boston personal injury Attorney on your side to help you. It is thus paramount that you get the assistance and advice of one of our Boston, MA accident injury attorney professionals as soon as possible to guarantee that the responsible parties pay your medical bills – and promptly. If your medical bills are not paid by the insurance companies when they should be, your credit rating may be harmed, and you may be required to pay the bills and other medical expenses yourself.

Boston Personal Injury Lawyer Depending upon the particular events surrounding a personal injury victim’s accident, and the nature of the Massachusetts personal injuries that have been suffered, the personal injury victim may be entitled to get a multitude of different types of money personal injury damages in settlement or in court. Money damages typically include medical bills reimbursement, payment for any lost wages incurred, compensation for lost future wages, recovery of any other expenses that are reasonably related to the accident, pecuniary damages for pain and suffering, and loss of consortium damages.

Our Expert Massachusetts Attorney Professionals Have Been Selected By Attorney Gil Hoy Because of Their Extensive Experience, Reputation and History of Success.
The Boston, MA personal injury Attorney experts at our Boston, MA law firm will skillfully work on your Massachusetts personal injury claim, whatever the circumstances of your accident or the nature of your injuries may be. Additionally, our Massachusetts personal injury accident attorney specialists represent clients in a number of areas of Massachusetts law, including Massachusetts property and real estate law; Massachusetts criminal defense and criminal cases; Massachusetts trusts and estates; Massachusetts family law; Massachusetts tenant issues; Massachusetts motor vehicle offenses; Massachusetts commercial litigation; Massachusetts civil law; Massachusetts commercial law; Massachusetts civil rights; Massachusetts employee law; Massachusetts sexual harassment cases; Massachusetts sexual assault claims and litigation; Massachusetts labor law; Massachusetts worker’s compensation claims and other claims involving Massachusetts worker’s compensation benefits and wrongful death damages; and Massachusetts social security and disability claims.

Boston Personal Injury Attorney If you have suffered from Massachusetts personal injuries, please do not hesitate to contact one of our knowledgeable and highly skilled Boston personal injury Attorney professionals.

If you have any questions at all or other issues regarding your Massachusetts personal injury claim, your injuries or the amount of personal injury damages that you or your loved one may be entitled to under Massachusetts law, PLEASE CONTACT OUR BOSTON PERSONAL INJURY LAWYER ADVOCATES WITHOUT DELAY.
FREE CONSULTATION.

Our Boston Accident Lawyer Professionals and Boston, MA Wrongful Death Lawyer Advocates Can Be Reached 24 Hours Per Day, 7 Days Per Week.
YOUR NEEDS ARE OUR TOP PRIORITY!

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If you or someone you love has been injured or killed in a truck accident, you should contact our Boston, Boston truck accident injury attorney specialists to learn what types of relief you may be entitled to. we understand the pain, suffering, and frustration caused by your truck or other motor vehicle accident. We pride ourselves in providing each client with the care and attention they deserve. Our truck accident injury experts are waiting to take your Message 24/7. Our highly skilled team of lawyer experts has recovered millions of dollars for our injured Boston residents. Let us get started on your case today!

When you contact, you are getting more than just legal assistance. You can rest assured at night knowing that our Boston truck accident injury attorneys are working diligently and tirelessly on your case. Our advocates make the clients’ needs our top priority. Our attorneys work with you to ensure you’re comfortable with the procession of your case, and we strive to answer or return your Messages as promptly as possible. If our client is not satisfied with the outcome of the case, neither are we!

The trucking industry in the United States is thriving. There are a growing number of large trucks and tractor-trailers on American roadways each and every day. Although wonderful for the commercial trucking industry, this fact makes roadways more boston-truckaccident-lawyer.com dangerous for the millions of passenger vehicles that have to share the road with large, and sometimes lethal, trucks.

According to the United States Department of Transportation, there were 3,921 people killed and 104,000 people injured in crashes involving large trucks in last year alone. A total of 333,000 large trucks were involved in traffic accidents that same year. Because of the size and weight of large trucks and tractor-trailers, these trucks are more likely to be involved in fatal multiple-vehicle collisions when compared with cars, vans, and SUVs. If you’ve driven in Boston, you know that our highways and streets are full of truck traffic. Accidents can happen in the blink of an eye. When truck drivers negligently or recklessly cause traffic accidents, the results can be devastating. Due to the size and weight of most commercial trucks, truck accident victims and their families are often left to face life-altering injuries and even death.

Any number of factors may increase the likelihood of a truck accident. Aggressive driving, poorly maintained equipment , and a failure to allow for enough stopping distance are just some of the factors that increase truck accidents on Boston roadways. Another common risk is truck driver fatigue. Although there are federal regulations in place to prevent truck drivers from driving in excess of 11 hours, many truck drivers violate the regulations.

No matter what the cause, our lawyer experts will work tirelessly to collect evidence and build your case.

Our Boston truck accident lawyer specialists are available. Please do not delay! Contact our team today for a free and confidential consultation.

When you or a loved one has been injured in a truck accident caused by a truck driver’s negligence, the results can be devastating. Initially, your focus is on your pain and suffering caused by your physical injuries. Next, you worry about your damaged vehicle. Only later do you see the medical bills and realize what a significant financial burden is imposed on the victim of a car crash. It probably doesn’t seem fair, and you want justice. justice is what we strive for.

Pursuing a personal injury claim or wrongful death claim can be a complicated process. It requires the skill and experience of an expert Boston injury lawyer. It can be difficult to determine which party to sue. Insurance companies can make it even more confusing. The truck that injured you might be owned by different businesses, all of which might be liable to you for your injuries. It can also be difficult to sift through witness testimony and physical evidence. But what might be overwhelming to the average person is more than manageable for lawyers with many years of trial experience. We use our skill and experience to help clients put forward their best case.

Truck accidents can result in serious personal injuries and even death that can greatly disrupt the lives of the victims and their families. If you or someone you love has been injured in a Boston trucking accident, and you would like to learn more about your rights and potential damages, please contact, 24 hours a day, 7 days a week, to speak with an expert Boston truck accident attorney.

To find out what relief you are entitled to, contact our full-service Boston, MA law office today.

Your needs are our top priority!

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In the Unfortunate Event That You or Someone, You Love Has Suffered Serious Personal Injuries or a Wrongful Death In a Motor Vehicle Accident, Please Call Our Highly Skilled Boston Auto Accident Lawyer Experts. Our Massachusetts Car Accident Lawyers Are Available 24 Hours a Day, 7 Days a Week, fill contact form for a Free Consultation. You Can Also Send Our Boston Injury Lawyers an Email at [email protected].

Massachusetts Car Accident Lawyer The Massachusetts auto accident attorney advocates at our expert Boston car accident law office have many years of experience representing the innocent victims of car accidents and their families. Our injury lawyers are nationally known, respected and admired. Our auto accident lawyer professionals have recovered millions of dollars in money damages for our clients, and we take great pride in providing outstanding client service and achieving superlative results for those who have been injured. Our Boston lawyers will secure and defend your legal rights, and get justice for you with respect to your Massachusetts auto accident claim.

Our Boston car accident lawyers have been personally selected by Boston Attorney to represent our injured clients and their families because of the knowledge, skill, talent, determination and unquestionable expertise of our lawyers in handling and getting justice for our clients in complex Massachusetts car accident cases. Our Boston injury lawyer experts will never settle for second best. The Boston Globe has recognized a number of our attorneys, who are available to help you through referral agreements, as being among Boston’s Best Lawyers. Boston Magazine has also named our Boston, Massachusetts car accident lawyers as Massachusetts Super Lawyers and New England Super Lawyers. Our Massachusetts car accident attorneys have been recognized, as well, in the national publication, The Best Lawyers in America, for their outstanding client service and results. Our Boston attorneys have been representing car accidents victims for more than the past many years. We are experts in the area of personal injury law.

We are here to help you. If you or a loved one has been injured in a Massachusetts car accident, you should not have to worry about the handling of your legal claims, on top of enduring your physical and emotional pain and suffering. Not surprisingly, this can be a difficult and stressful time for you and your loved ones. Many victims injured in a Massachusetts car accident struggle to pay their mounting medical bills. The Massachusetts car accident attorneys at our full service Boston, MA law firm can help you recover the money necessary to pay for all of your medical expenses and lost wages. We endeavor to maximize the compensatory damages received by our Massachusetts car accident victim clients. Our Massachusetts motor vehicle accident attorneys will help you to recover medical expense damages, lost wages, pain and suffering damages, loss of consortium damages, money for your spouse’s loss of consortium and all other financial compensation to which you are entitled.

The personal injury lawyers at the Law Offices of BostonAttorneys are some of the most well known and respected car accident attorneys that the Commonwealth of Massachusetts has to offer. Our expert Boston car accident law office will work diligently to ensure that your Massachusetts auto accident claim is handled in the best possible fashion. Our Massachusetts car accident attorneys will work tirelessly to exceed your expectations with regards to your Massachusetts car accident claim. Along with providing top-notch legal services and achieving exceptional results, we highly value earning our client’s loyalty, trust and respect. We are dedicated to our clients, and it shows throughout the course of our representation of you. The Boston, Massachusetts auto accident lawyers at our Boston, Massachusetts law office should be the top choice to handle your Massachusetts auto accident claim. We have earned our clients, and their families, millions of dollars in personal injury damages and wrongful death damages with respect to their Massachusetts auto accident claims. Please contact us right away. We are available to assist you 24/7. Our Boston, MA car accident lawyers will be pleased to provide you with a free and confidential initial consultation for your Massachusetts auto accident case.

We will travel to you. One of our expert Massachusetts car accident lawyer professionals will be pleased to meet you at your home, the hospital or another location that is convenient for you, to discuss your Massachusetts auto accident claim. We never charge our Massachusetts personal injury accident clients any attorney’s fees or any costs unless and until we successfully and fully recover fair monetary compensation for your Massachusetts car accident claim. We are in this together. We do not get paid unless you get paid.

The Boston, MA Car Accident Lawyers at Our Boston, MA Personal Injury Law Firm Are Highly Trained Experts in Handling Massachusetts Motor Vehicle Accident Claims. Please Do Not Wait To Contact Our Massachusetts Car Accident Attorneys, 24 Hours a Day, 7 Days a Week. Your Needs Are Our Top Priority!

Massachusetts car accident victims may sustain a variety of personal injuries. Some Massachusetts motor vehicle accidents may result in minor injuries such as neck, back or other soft-tissue injuries. Unfortunately, many Massachusetts car accidents may result in incapacitating, life-altering and catastrophic injuries, such as broken bones or traumatic brain injuries. In the most tragic circumstances of a Massachusetts car accident, a friend or a loved one may even be the victim of a Massachusetts wrongful death. Our Massachusetts car accident attorneys have connections with the best medical experts and other professionals and will ensure that your personal injuries are fully and properly assessed. An accurate assessment of your injuries at the initial stage of your claim is extremely important in order for you and your family to receive full and just compensation.

Massachusetts Car Accident Lawyer The Boston, MA car accident lawyers at our full-service Boston, MA law firm are experts in proving that another driver’s negligence resulted in your car accident injuries. Negligence is legally defined as a failure to exercise reasonable care under the circumstances. Our expert Boston car accident law office has over many years of experience in successfully proving that another individual’s negligence resulted in the motor vehicle accident and the accompanying personal injuries. Our Massachusetts car accident attorneys will skillfully gather and retain all of the evidence and witness testimony necessary in order to prove the negligence of the culpable individual or entity. Our Massachusetts motor vehicle accident attorneys will also communicate with any involved state or local police on your behalf, as well as all of the parties’ insurance companies.

Many clients want to know what their case is worth. Our Boston, MA car accident lawyer specialists have successfully earned millions of dollars in personal injury damages with respect to Massachusetts car accidents. Determining the value of your case at the outset, however, is complicated for a multiplicity of reasons. It is usually impossible to accurately calculate a case’s precise value at the beginning of the case. One of the reasons is that the involved insurance companies often dispute that their insured is responsible for your injuries. Insurance companies also often maintain that their insured is only partially responsible for your injuries. Another criterion in determining the monetary value of the injuries suffered in your Massachusetts car accident case is that the amount of insurance coverage or assets available to satisfy a judgement is generally unknown until the case is well along. This information is critical in valuing a case because, for example, sometimes a case can be worth a large amount of money in terms of the severity of the personal injuries that were suffered, but there is only a limited amount of insurance coverage or assets available to pay for your damages. But you also should know, and be aware, that even if you believe that there is only a small amount or no insurance coverage or assets available to compensate you, you should still contact our lawyers right away for help. This is because there are often ways of finding additional insurance coverage to compensate you, such as through the state or the assets of another entity.

It is important that you are also aware of the statute of limitations in Massachusetts, which limits the amount of time that an individual injured in a Massachusetts car accident has to file a Massachusetts auto accident claim. Our expert Massachusetts auto accident attorney advocates at the Boston, MA Law Offices of Boston will make sure that you file your case within the applicable statute of limitations so that you can fully recover the damages suffered from your Massachusetts auto crash. We will protect the interests of our injured Massachusetts car accident victim clients and their families and make sure that they are adequately and justly compensated. If you or someone that you love has been injured or killed in a Massachusetts car accident, do not wait to contact our Boston car accident lawyers or Boston accidental death attorney advocates, 24 hours a day, 7 days a week, or send us an email at [email protected]

Our Boston, MA car accident lawyers offer a free and confidential initial consultation with respect to your Massachusetts car accident case. Our Boston car accident lawyer experts deliver excellent legal representation and outstanding client service. We never neglect our Massachusetts clients; we immediately return our clients’ messages and will always copy our clients on any correspondence regarding their cases. Our Boston, MA car accident lawyers will not seek or get any attorney’s fees or expenses until we are first successful in recovering your full and fair personal injury damages. Our Boston, Massachusetts car accident law office will not stop fighting for a client’s needs until our client has received the full and fair compensation they deserve and are fully satisfied with the outcome of their case.

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Do you need a Dallas asbestos lawyer?

Exposure to asbestos significantly increases the risk of contracting several diseases. These include:

  • asbestosis – a disease characterized by scarring of the alveolar regions of the lungs;
  • lung cancer – for which asbestos is one of the leading causes among nonsmokers, and which occurs at dramatically high rates among asbestos-exposed smokers
  • malignant mesothelioma – a cancer of the tissue lining the chest or abdomen for which asbestos and similar fibers are the only known cause; and
  • nonmalignant pleural disease which can appear as a painful accumulation of bloody fluid surrounding the lungs, but which more commonly is seen as thick and sometimes constricting scarring of the tissue surrounding the lungs.

In addition, asbestos exposure is associated with excess mortality due to cancer of the larynx and cancer of the gastrointestinal tract. The malignant diseases, the cancers including mesothelioma, are often fatal within a year or a few years of initial diagnosis. In contrast, asbestosis deaths typically occur only after many years of suffering from impaired breathing.

If you have been exposed to asbestos, seek medical and legal help immediately.

Asbestos Information

(From National Institute on Safety and Health – NIOSH)

What is Asbestos?
Asbestos is defined in Federal regulations as the minerals chrysotile, crocidolite, amosite, tremolite asbestos, actinolite asbestos, and anthophyllite asbestos. These six minerals are regulated by the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA) and the Environmental Protection Agency (EPA). Five of the six asbestos minerals were used commercially (actinolite asbestos was not) and, as a consequence, it has been possible to observe and characterize their adverse health effects on humans.

Asbestos-Related Diseases
Exposure to asbestos significantly increases the risk of contracting several diseases. These include: 1) asbestosis – a disease characterized by scarring of the alveolar regions of the lungs; 2) lung cancer – for which asbestos is one of the leading causes among nonsmokers, and which occurs at dramatically high rates among asbestos-exposed smokers; 3) malignant mesothelioma – a cancer of the tissue lining the chest or abdomen for which asbestos and similar fibers are the only known cause; and 4) nonmalignant pleural disease – which can appear as a painful accumulation of bloody fluid surrounding the lungs, but which more commonly is seen as thick and sometimes constricting scarring of the tissue surrounding the lungs. In addition, asbestos exposure is associated with excess mortality due to cancer of the larynx and cancer of the gastrointestinal tract. The malignant diseases – the cancers including mesothelioma – are often fatal within a year or a few years of initial diagnosis. In contrast, asbestosis deaths typically occur only after many years of suffering from impaired breathing.

It is not known exactly how asbestos fibers cause disease. What is known is that the fibers, too fine to be seen by the human eye, can become airborne during various industrial processes or from handling asbestos-containing materials. These microscopic fibers can be inhaled and/or swallowed. As much as 50 percent or more of inhaled asbestos fibers remain lodged in the lungs, where it is almost impossible for the body to dispose of them. Asbestos fibers are extremely resistant to destruction in body fluids, and many of these fibers are too long to be engulfed and removed by the cells that normally scavenge and remove particles that happen to deposit in the lungs. Generally, as the burden of retained fibers increases in the body, so does the likelihood of the diseases mentioned previously. Most asbestos-related diseases, particularly the malignant ones, have long latency periods often extending 10-40 years from initial exposure to onset of illness. While asbestos-related lung cancer and mesothelioma are frequently not curable, they and other asbestos-related diseases are clearly preventable by eliminating or limiting exposures to asbestos. The amount and duration of exposure are factors which can determine the risk of adverse health effects.

Exposure to Asbestos in the Workplace
Workplace exposure to asbestos remains a serious occupational health problem in the United States, with both vast numbers of workers at risk due to past occupational exposures and many other workers experiencing ongoing occupational exposures. Since the beginning of World War II, as many as eight million workers have been exposed to asbestos. Although the number of newly exposed workers has declined sharply since the development of regulatory standards in the 1970s, there are still substantial numbers of workers with continuing exposure. In 1991, NIOSH estimated that nearly 700,000 workers in general industry remained potentially exposed to asbestos, but that estimate did not include mining, railroad work, agriculture, and several other industry sectors.

The U.S. Geological Survey reports that asbestos continues to be imported for use in friction products (e.g., brakes and clutches), roofing products, gaskets, and thermal insulation. Construction workers involved in the renovation or demolition of buildings that contain asbestos are at particular risk of asbestos exposure. Many workers in the relatively new asbestos removal industry are potentially exposed, relying on personal protective equipment and other methods for limiting inhalation of asbestos fibers. Industrial maintenance personnel are also at risk when they repair equipment, sometimes in enclosed spaces, that is insulated with asbestos-containing material, as are automotive service personnel involved in brake and clutch repair work.

In addition, “take-home” exposures – involving family members of workers who bring asbestos home on their hair, clothing, or shoes – is also a well-recognized hazard and was addressed in a 1995 NIOSH report to Congress.

Because of the hazardous nature of asbestos, approaches to consider for control of exposure include the substitution of less hazardous materials and the labeling of all asbestos-containing materials so that required exposure controls can be implemented.

Ongoing Research Into Asbestos Exposure
NIOSH currently is assessing workers’ asbestos fiber exposure at selected horticultural operations that are using vermiculite, and at operations that expand vermiculite ore. Most of the vermiculite now being produced for domestic use is obtained from one of four mines, three of them domestic and one located in South Africa. NIOSH will complete asbestos exposure assessments at two expansion plants for each ore supplier, along with a number of horticultural sites. We expect the field study to conclude by the end of calendar year 2001. At present, field sampling has been completed at four expansion plants and three horticultural operations.

Options under consideration for future research activities include identifying and characterizing other downstream uses of fiber-contaminated vermiculite that have not been previously recognized.

Tracking of Work-Related Asbestosis Deaths
NIOSH, using data from death certificates, has been tracking asbestosis mortality in the United States. Deaths associated with asbestosis increased from fewer than 100 annually in 1968 to more than 1200 per year in 1998, the most recent year for which final national data are available. In approximately one-third of these deaths, asbestosis was reported as the underlying, or main, cause of death, a proportion that has not changed appreciably over time. In the other two thirds of deaths, asbestosis was reported to have contributed but not caused the death. Death certificate data indicate that workers in the “ship and boat building and repairing” industry and “insulation workers” appear to have experienced the greatest risk of asbestosis. It also shows, however, that elevated asbestosis mortality is associated with a wide-ranging variety of other occupations and industry sectors.

Among the occupations with significantly elevated asbestosis mortality are: insulation workers; plumbers; sheet metal workers; plasterers; heating/air-conditioning/refrigeration mechanics; electricians; welders; chemical technicians; mechanics and repairers; stevedores; masons; furnace and kiln operators; painters; construction workers; and janitors and cleaners. Please note that the fact that an occupation (or industry sector) has “significantly elevated asbestosis mortality” does not mean that all workers in the occupation or industry sector are exposed to asbestos.

The other industry sectors with significantly elevated asbestosis mortality include, but are not limited to: nonmetallic mineral products; construction materials and industrial chemicals; petroleum refining; tires and other rubber products; aluminum production, hardware, plumbing, and heating supplies; construction; electric power generation; railroads; glass products; building material retailing; paper manufacturing; and steelmaking.

Asbestosis mortality is a delayed phenomenon which reflects exposures that typically occurred decades earlier. To better describe more recent exposures, NIOSH recently prepared and published a summary of data describing the results of asbestos samples collected and reported by OSHA and MSHA inspectors in their agencies’ centralized data systems. Over the decade-long period from 1987 to 1996, Federal occupational safety and health inspectors reported an average of about 600 air samples for asbestos each year, although the annual number of reported samples declined by about 50% for each agency during that decade. (Not all collected samples are reported into the centralized data systems.) In the construction industry, nearly 7% of the samples indicated asbestos fiber concentrations exceeding the applicable OSHA or MSHA permissible exposure limit (PEL), and the average asbestos fiber concentration of all samples was about one-half the PEL. In the industry classified as “miscellaneous nonmetallic mineral and stone products,” (which includes sites regulated by OSHA and MSHA) over 30% of asbestos samples exceeded the exposure limit (either OSHA’s or MSHA’s, as applicable) and the asbestos fiber concentrations averaged nearly twice the relevant PEL. In the “motor vehicles and motor vehicle equipment” industry, 10% of asbestos fiber samples exceeded the PEL and the asbestos fiber concentrations averaged more than twice the PEL. While asbestos exposure concentrations generally decreased in the more recent years of that ten-year period, and although fewer samples were being collected, samples continued to exceed the PEL in all three of those industry sectors. Federal inspectors detected asbestos in other settings, as well, ranging from textile operations to schools.

The Definition of Asbestos
In 1990 testimony before OSHA, NIOSH broadened its science-based definition of “asbestos” as a result of concerns about the microscopic identification of the six regulated asbestos minerals. The six minerals can also occur in a non-fibrous (so-called “massive”) form. The non-fibrous mineral forms of the six asbestos minerals can be found geologically in the same ore deposits in which the fibrous asbestos minerals occur or in deposits where other commercially exploited minerals are mined (e.g., industrial grade talc). “Cleavage fragments” can be generated from the non-fibrous forms of the asbestos minerals during their handling, crushing, or processing, and these “cleavage fragments” are often microscopically indistinguishable from typical asbestos fibers of the (fibrous) minerals.

The elemental composition of the six asbestos minerals can vary slightly as a result of geological conditions such as pressure, temperature, or proximity of other minerals. Recognizing these variations in elemental composition, NIOSH believes that the six asbestos minerals can be defined by their “solid-solution” mineral series. For example, the mineral series tremolite-ferroactinolite contains the asbestos mineral actinolite. These mineral series are considered solid-solutions in which cations (i.e., sodium, calcium, magnesium, iron, etc.) are replaced by other cations which can affect the elemental composition of the mineral without significantly altering the structure.

NIOSH bases this expanded “asbestos” definition – encompassing the entire solid-solution mineral series for each of the six currently regulated asbestos minerals and including cleavage fragments from the non-fibrous forms of these minerals – on scientific evidence from cellular and animal studies suggesting that dimension, specifically length and diameter, as well as durability, may be more critical factors in causing disease than chemical or elemental composition.

Challenges to Preventing Asbestos Exposure: Areas of Possible Additional Research
There are other fibrous minerals that technically do not fall within either the current regulatory or the NIOSH definition of asbestos, even though fiber shape, size, and durability indicate their potential to induce health effects similar to those of the six regulated asbestos minerals. The inclusion of only six specified fibers within the asbestos regulations may create a false sense of security that those mineral fibers that are not included are without risk. Clearly, other fibers may act in the same way as the regulated fibers and pose significant health risk, and mixtures of fibers may be lethal as well.

Based on epidemiological studies, it is clear that occupational exposure to mineral fibers that contaminate vermiculite from Libby, Montana, caused high rates of asbestos-related diseases among exposed workers. The fibers that contaminate vermiculite from Libby include tremolite, one of the minerals within the definition of asbestos as currently regulated. Some evidence indicates that only 10 to 20% of the fibrous mineral content of the Libby vermiculite was tremolite. A much higher proportion – 80 to 90 percent – of the fiber contaminant in this vermiculite has been characterized as several other similar fibers that are not currently regulated as asbestos, such as richterite and winchite.

Another example of a mineral that can produce asbestos-related diseases but is neither regulated as asbestos nor classified as asbestos under NIOSH’s current scientific definition, is erionite. Erionite is a known human carcinogen, and environmental exposures outside the U.S. have been associated with an increased risk of malignant mesothelioma and lung cancer. (We are unaware of any occupational exposure to erionite in the U.S.)

Additional research possibilities which may be considered include efforts to better determine physical and/or chemical characteristics affecting toxicity of these naturally occurring mineral fibers as well as durable manufactured fibers. Direct evidence by which to attribute particular health effects to each possible fiber type is not currently available; obtaining such evidence is another area under consideration for future research. Epidemiological studies of people exposed to naturally occurring or manufactured fibers would provide important new information and are also under consideration for future research, along with animal toxicologic studies to help supply needed information if epidemiologic studies are not feasible.

In addition, further research is under consideration in the areas of exposure measurement and analysis of fibers. Although asbestos is comprised of fibers of many diameters and lengths, risk assessments and exposure assessments are based on air concentrations of fibers detectable by a technique called phase contrast microscopy. This method leaves an undetermined number of asbestos fibers in each sample uncounted because they are too thin for detection. Because of this measurement bias, asbestos exposure risks are currently based only on fibers large enough to be detected. More sensitive methods are currently available, but these methods could benefit from better standardization. Additional work to improve and standardize the methods for asbestos fiber measurement is being considered because it would help advance prevention and control efforts to protect exposed workers.

Conclusion
In summary, we know much about the adverse health effects caused by the inhalation of asbestos fibers. Many exposures or potential exposures have been identified, and appropriate precautions are used when workers are handling or working around these materials. Increased understanding of the health effects of fibrous minerals that fall just outside the existing definitions of asbestos will help us find ways to provide appropriate protection for workers exposed to those materials. Further identification and tracking of potential exposures to fiber-contaminated vermiculite and other contaminated materials that may be identified will help us assure that no one is unknowingly exposed to these materials. While information is being gathered, public health prudence guides us to reduce known exposures to these potentially hazardous fibrous minerals.

(From OSHA)
Exposure Routes: inhalation, ingestion, skin and/or eye contact

Symptoms: Asbestosis (chronic exposure): dyspnea (breathing difficulty), interstitial fibrosis, restricted pulmonary function, finger clubbing; irritation eyes; [potential occupational carcinogen]

Links to more information on Asbestos:

Centers for Disease Control

National Institute for Occupational Safety and Health

Occupational Safety & Health Administration

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Dallas Brain Injury and Dallas Head Injury Information
This information is not intended as legal or medical aid, if you have suffered an injury, please get medical attention and consult an attorney.

A blow or jolt to the head can result in a traumatic brain injury (TBI), which can disrupt the normal function of the brain. The severity of the injury may range from mild, a brief change in mental status or consciousness, to severe, an extended period of unconsciousness (30 minutes or more), prolonged amnesia after the injury, or a penetrating skull injury. Any TBI can result in short- and long-term disabilities (CDC unpublished). Read more about Traumatic Brain Injury in the NCIPC Injury Fact Book, 2001-2002.

According to the Centers for Disease Control (CDC), Brain injuries are among the most likely types of injury to cause death or permanent disability, and according to the National Institute for Occupational Safety and Health (NIOSH), Acute trauma at work remains a leading cause of death and disability among U.S. workers. Furthermore, a review of Texas death certificates for 1982 identified 710 deaths associated with occupational injuries.

During the period from 1980 through 1995, at least 93,338 workers in the U.S. died as a result of trauma suffered on the job, for an average of about 16 deaths per day (NIOSH). The Bureau of Labor Statistics (Department of Labor) Census of Fatal Occupational Injuries (CFOI) has identified 5,915 workplace deaths from acute traumatic injury in 2000. BLS also estimates that 5.7 million injuries to workers occurred in 1997 alone; while NIOSH estimates that about 3.6 million occupational injuries were serious enough to be treated in hospital emergency rooms in 1998.

Top Traumatic Injuries

Traumatic Occupational Injury Topic Page

NASD: Fatal Occupational Injuries

Traumatic Occupational Injury Template/NIOSH/Topic Page

Disability Outcomes and Prevention – NCIPC
Summary: Traffic crashes, violence, and falls are the leading causes of traumatic brain and spinal cord injuries, which are two of the most severe disabling injury conditions. How many people sustain traumatic brain injury each year?

Perspectives in Disease Prevention and Health Promotion Fatal Occupational Injuries — Texas, 1982

NIOSH: Texas Profile
NIOSH/State Profile ’98/Texas
Summary: The National Institute for Occupational Safety and Health (NIOSH) is the only Federal agency that conducts research, trains professionals, and develops innovative solutions to occupational safety and health problems.

CDC Injury Research Agenda – Acute Care, Disability, and Rehabilitation

Publications and Resources – Spine/Spinal Cord Injuries

NASD: Farm and Ranch Injuries in West Texas

FACE program – State of Texas
The FACE program concentrates on investigations of fatal occupational injuries. Reports of fatal occupational injuries in Texas.

eLCOSH – The Electronic Library of Construction Occupational Safety and Health

eLCOSH : Worker’s Comp in Texas

Census of Fatal Occupational Injuries (CFOI)

The Center to Protect Workers’ Rights
CPWR’s main focus is to develop practical ways to improve safety and health for construction workers and their families.

National Resource Center for OSHA Training

Building and Construction Trades Department

www.aflcio.org/safety
(Workers’ compensation) Sections on (U.S.) death and disability benefits, by state.; links to state and other organization sites providing workers’ compensation/information for injured workers.

www.buildsafe.org
Labor-management organization provides listing of bilingual trainers (English, Spanish, and/or Portuguese), hazard alert bulletins, and a focus on power line hazards and airport construction safety.

Department of Energy
Includes Federal Employee Occupational Safety and Health Handbook, DOE Hoisting and Rigging standard and handbooks on Electrical Safety and Process Safety Management for Highly Hazardous Chemicals.

http://www.gwu.edu/~crsph/projects/construct.html.
Information on post-1989 surveillance of emergency-room visits and back issues of newsletter, On the Job, with issues (in English and Spanish) focusing on carbon monoxide, silica, and eye, back, and foot injuries

==========================

What should be done while filing injury claims?

Injury claims are becoming very common these days. Accidents can happen anywhere. Injury claims can be filed by people who have suffered injuries as a result of road traffic accidents, accidents at the workplace like slips and trips and industrial diseases, cycling accidents, marine accidents while traveling on a ferry or a pleasure boat, accidents at home due to the usage of defective products and medical negligence. Suing for medical and dental negligence is becoming more common these days.

Injury claims can be filed directly against the insurance companies or the help of a good personal injury attorney can be sought. People who have suffered injuries as a result of accidents must initiate the claims procedure before the expiry of three years from the date of the accident. Claims filed three years after the accident are not valid. Settlements cannot be claimed in such cases. In case of marine accidents, the claim has to be filed before the completion of two years from the date of the accident.

The most important point one must remember to follow in a workplace accidentis that the entry should be made in the accident book. In case you are not in a fit state due to pain or you are confused tell your colleague to make the entry accurately in the accident book. In case your workplace doesn’t have an Accident Book, a written statement of what had happened can be made with date, witnesses, address of the witnesses with their signatures can be made ready. If the accident is serious, the other employees should ensure that the Health and Safety Executive is aware of such an accident. After that, go and see a doctor and ensure that it is in the hospital records also.

Occupational Disease Claims refers to the injuries which are complex in medical and scientific issues. Deafness, asbestos related diseases, asthma, any lung infection or bronchitis come under these injuries and you can file a claim for compensation for these occupational diseases.

It is the responsibility of employers to provide a safe working environment for their employees. When they fail to do so and accidents take place at work, they are liable to settle the injury claims filed by the affected employees. Most of the countries have laws that make it mandatory for employers to provide certain facilities and make sure that a certain level of safety is maintained at the workplace.

Injury claims for injuries sustained in automobile accidents are the most common form of claims for compensation. Whiplash injury is the most common injury sustained by people who are involved in road traffic accidents. It occurs due to the acceleration and deceleration movements of the automobile. It occurs when a vehicle hits the rear end of another vehicle. Injured parties can claim for whiplash when the accident is not their fault.

While filing injury claims, it is important to collect all the documentary evidence required and consult a good personal injury attorney or a law firm whose specialty is personal injuries. Insurance companies try to avoid paying out claims for compensation as much as possible. In order to get a fair deal while claiming compensation, it is better to take the help of a good personal injury attorney.

Get yourself a good accident lawyer or make sure that you research the net and know everything about injury claims before filing for a compensation.

=====================

In spite of obeying the rules, focusing on other drivers, being cautious of surroundings and driving safely, people often meet with truck accidents. Truck drivers often meet with an accident not only because of their own negligence but of others. An accident can result in people losing a lot of money, which in further make them incurring an overwhelming debt. Outstanding debt often takes a toll on both your health and finances, so it essential to waive off the obligation and resolve the matter as soon as possible. Hire the services of a Texas truck accident lawyer who can help you resolve the accident legal procedure and pay off the debt through a debt management program.

When you are involved in a personal injury or wrongful death claim, it is wise to have an attentive, responsive and compassionate attorney. A truck accident injury attorney primarily focuses on both your recovery and complicated legal procedure. They work with you to understand your fiscal position, your injury, losses, and the legal matter. Then they negotiate with the party at fault and represent you in court if you are unable to reach an out-of-court statement.

But before you begin the process of hiring an attorney, make sure that the attorney is well qualified and has experience in handling these cases. Shop around well to find a legitimate attorney. Contact at least more the two lenders and compare the services offered in order to choose the best one for you.

You may also ask your friends or family members for recommendation. If you know someone who has already worked with the attorney ask for their suggestions and advice. Also, go to a website Attorneys.com that offers a list of truck accident lawyers in your area.

Fix an appointment

Before you hire the services of an attorney, you may want to have a personal consultation or meeting. So fix an appointment with the attorney where you can explain your hardship and interview him to decide whether he or she is capable to handle your case.

However, you also need to do some homework prior to the meeting. Make a detail note of your case and accumulate all the necessary paperwork, such as a copy of the accident report and medical bills.

During the meeting 

The attorney may ask for some paperwork or documents, so carry all the notes, questions and paperwork to the meeting. During the meeting, pay attention to what the attorney says in order to understand whether he at all is interested in dealing with your case.

While hiring the one, do not only look into whether the attorney is knowledge, but also look into whether you feel comfortable working with the attorney.

In conclusion, if you have met with a truck accident in Texas, hire the services of a Texas truck accident lawyer who will help you deal with the legal matter. A Texas truck accident attorney helps you resolve your legal matter as well as the obligation. But before hiring one, be careful and cautious.

This is a guest post by Christina Jones, a writer & editor associated with Oak View Law Group. She has also been contributing to many personal finance blogs as a guest columnist since long.


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The sooner your COLORADO car accident lawyer is brought into the matter, the better they will be able to advise you and protect your rights. Your lawyer will obtain statements from the witnesses while their memories are fresh, and do many other things to insure that the true facts are preserved. If you are being charged with drunk driving or with a criminal act based on the car accident, you will need a COLORADO car accident lawyer to defend you in Court.

If someone sues you for liability or damages resulting from a car accident, you should contact your insurance company and your car accident lawyer in COLORADO immediately. Generally, your insurance company will assign a lawyer to handle your case. If you are sued for more money than your auto insurance policy covers, or if your insurance company says that it will not cover everything, you may also need your own COLORADO car accident lawyer.

If the other driver was at fault and would like to file a car accident lawsuit for compensation you should speak with your lawyer as soon as possible. This compensation may be for personal injuries, car damage, or other expenses such as lost wages or pain and suffering. If you intend to file a COLORADO car accident lawsuit, it is imperative to not delay with filing. There are time limits for each type of claim, which may be up to one year from the accident date, and may also be quite shorter.

While the information presented on this website is accurate on the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a local COLORADO car accident lawyer.

If you or a loved one feel you have a car accident lawsuit, you need to speak with an experienced COLORADO car accident lawyer as soon as posisble. You probably have alot of questions, and chances are you may be afraid of what may happen. Good COLORADO car accident lawyers
in your area can help relieve this anxiety and stress. An experienced and winning car accident lawyer in COLORADO can evaluate your case, offer protection for you and your ideas,
and evaluate the chances your case has at succeeding. The fact is, you won’t know until you speak with a COLORADO car accident lawyer.

We currently have no listings of Car Accident lawyers in COLORADO. Please the listings see the results below for more information.

COLORADO Car Accident News

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Web Results for COLORADO Car Accident Lawyers

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …

Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …
Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …
Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …
Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 caraccidentcolorado
… the case especially when you are involved in a Motor Vehicle Accident … Colorado Springs, CO 80915 Office: (719) 574-6162 Fax: (719) 574-0241

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  • What is medical malpractice?

    Medical malpractice, also known as medical negligence, occurs when doctors, nurses, hospitals or other health care providers cause injury or death to a patient by failing to meet the accepted “standard of care.” “Standard of care” refers to how similarly qualified practitioners would have managed the patient’s care under the same or similar circumstances.

    Medical malpractice can apply to misdiagnosis, surgical mistakes and negligence. The most common scenarios that result in a case of medical malpractice include:

    Mishandling of patient records

    Misread x-ray, CT scan, or other test result

    Failure to properly diagnose a condition in a timely fashion

    Failure to promptly respond to patient symptoms

    Surgical errors

    Medication errors

    Failure to prevent injury

    Unfortunately, medical negligence occurs all too frequently across the US and Illinois, harming families in Lake County, Chicago, Waukegan, and across the state.

    If you or a loved one has suffered from a medical error, a medical malpractice attorney can help review your medical records, explain the legal process, and advise whether your situation has legal merit.

  • How do I know if I have a medical malpractice case?

    Far too often, doctors and other medical providers fail or refuse to answer legitimate questions from a patient or the patient’s family about what went wrong with a procedure, medication or diagnosis. One of the best ways to get the answers you are entitled to is to consult a law firm experienced in medical care and procedures. There are many different indicators of medical malpractice, but one of the most common is a dramatically different or unexpected result of medical treatment. One major warning sign can be the medical provider failing to provide a good explanation when the patient’s condition worsens.

    Medical malpractice claims are very complicated to prove – whether you immediately suspect an error due to an obvious indicator, or you are just trying to determine if anyone is at fault.

    All medical records must be reviewed, healthcare professionals and medical witnesses consulted, and sometimes follow-up medical exams/tests are necessary. Any statutes of limitations, caps/limits set by state and federal laws, and the severity of the injury are also considered. Because medical malpractice claims are so complex, you should consult an experienced attorney to determine whether your specific situation merits legal action. You have a right to have your medical questions answered.

  • What should I do if I suspect that malpractice has occurred?

    First if the treatment is ongoing, consider requesting a transfer to another hospital or physician to secure quality medical treatment. Avoid accusing or insulting the health care providers. Request your medical records and have them reviewed by an expert. Document everything. Most importantly, consult an experienced medical malpractice attorney who can help review your medical records, explain the legal process, and advise whether your situation has legal merit.

  • If I have been misdiagnosed is that considered malpractice?

    Not necessarily – medicine is not an exact science, and an honest mistake is not against the law. However, a misdiagnosis may be considered malpractice if your doctor neglects to:

    Get a medical history;

    Recognize the symptoms of an illness;

    Order all appropriate tests for your symptoms; or

    Properly read, or fully take into account test results.

    Some of the medical conditions that are most often misdiagnosed include cancer, fetal distress, heart attacks, pulmonary embolism, and meningitis in a young child.

    Remember that although a misdiagnosis can be very upsetting unless it has caused injury or physical harm, a medical malpractice suit would have no legal merit.

  • Is there a statute of limitations for filing a medical malpractice lawsuit?

    The statute of limitations for a medical malpractice lawsuit varies from state to state and normally ranges from 1 year to 7 years. There are also special statutes of limitation that apply to federal, state and local governments and their agencies. Because of these specialized statutes, you should contact an experienced malpractice attorney as soon as you suspect medical malpractice in order to protect your rights.

  • Will I need an expert to prove that I was injured by medical malpractice?

    An expert medical witness is almost always required because your attorney must prove what should or should not have been done in your particular case (to demonstrate “standard of care”). In order to establish that standard of care, a professional with the related education, experience and skill is consulted.

    Many medical malpractice lawsuits are won or lost based on the effectiveness of the expert medical witness. An experienced medical malpractice lawyer is familiar with and understands which medical witnesses are appropriate for specific types of medical situations.

  • If I signed a waiver or consent form, have I waived my rights?

    All medical treatment must be provided with the patient’s informed consent, except in cases of extreme emergency. Patients sign a general consent form upon hospital admission and a more specific consent form prior to an invasive procedure or operation. These forms indicate that the doctor has fully explained the medical problem, treatment and risks to the patient and that the patient had an opportunity to ask questions. However, if a doctor fails to provide the appropriate standard of care, a signed consent form does not waive a patient’s right to bring a medical malpractice claim.

  • Can I find out if my doctor has had any medical malpractice claims?

    Unless your doctor has been disciplined by your state’s licensing board, you may not be able to find out about any medical malpractice claims. Some states have created an online database with medical malpractice information for the public to access – but not all states have this resource.

    If you want to find out if a physician has any malpractice suits or complaints on file, contact the state medical board for more information. Keep in mind, however, that states vary and some medical boards cannot release this information to the public. For a listing of state licensing boards, visit the Federation of State Medical Boards’ main web site: www.fsmb.org and select the “State Medical Board Info” link.

    You can also consult these additional resources: http://www.fsmb.org/directory_smb.htmlhttp://www.fsmb.org/smb_overview.htmlhttp://www.ahrq.gov

  • Can I get a copy of my medical records?

    Patients have a legal right to obtain copies of their medical records. Typically you just need to submit a written request to the medical facility where you received treatment. This request will include your name, your social security number, your date of birth and any applicable patient numbers. Start by contacting the medical facility and asking if they have a request form and to whose attention you should send the completed request. Note there is often a per-page copy charge for your records.

  • What type of settlement can I expect if I have been a victim of medical malpractice?

    Damages for medical malpractice vary depending on the individual, the injury and circumstances. There are also laws that limit total compensation amounts depending on the injury. Compensation may cover medical bills, pain & suffering, lost wages, lost earning potential in the case of permanent disability or wrongful death, lifetime care benefits, and other expenses that result from the malpractice.

    There are many factors that affect a settlement/compensation amount – an experienced medical malpractice lawyer can determine the amount of compensation you are entitled to and help protect your interests in a malpractice claim.

  • My child has been diagnosed with cerebral palsy, and I want to know if that was caused during the labor and delivery process?

    There are many causes of cerebral palsy other than medical negligence. Nonetheless, it is well documented in the medical literature that a significant number of children are born each year with brain damage resulting in cerebral palsy and other types of brain damage directly caused by medical negligence during pregnancy and during the labor and delivery process.

    One of the most common types of this medical negligence is the failure by the nursing staff, medical residents and obstetricians to monitor the baby’s fetal heart status during labor. In almost every labor, your baby’s heart status will be monitored with an external or internal fetal heart monitor. This monitor prints out data that allows the medical care provider to suspect or know that your baby may not be tolerating the stresses of labor, and so delivery by c-section is needed. Unfortunately, it is too often demonstrated that nurses, residents, and even some doctors are either incompetent or do not take the time to properly interpret the fetal heart monitor data. This can result in the profound tragedy of infant brain damage which could have been completely avoided.

    Other medical errors that can lead to bleeding in the baby’s brain, oxygen deprivation to the baby’s brain, or other brain damage to the baby include the misuse of the drug Pitocin during the labor process, the misuse of forceps or a vacuum extractor during delivery, and a failure to recognize that the labor process is simply taking too long.

    Often the specific diagnosis of cerebral palsy is not made until a number of years after birth. Parents recognize that their child is not meeting the usual milestones for physical or mental development, but they do not get satisfactory answers from their pediatrician regarding the cause of this delay or whether the delay is related to something that occurred during pregnancy or the birth process. An experienced medical malpractice attorney can help determine whether these delays are due to birth injury or medical negligence.

    Unfortunately, there is too often a lack of communication between the labor and delivery nurses and the obstetrician. Sometimes the obstetrician is simply too busy with other matters to be in attendance during the critical times of the labor. Other times the obstetrician may inappropriately rely upon residents who do not have the same experience and knowledge as the obstetrician. Often a parent can sense that something is going wrong even when none of the medical care providers are being candid about what might have occurred. Labor and delivery is a stressful and complex time for your baby. Unfortunately, things can go wrong which have absolutely nothing to do with medical negligence. But if you have a suspicion that may have occurred which resulted in damage to your baby, you have an absolute right to have the issues investigated. The best way to get your questions answered is to use an experienced medical malpractice attorney to conduct an outside/independent expert review of the record.

  • Our daughter has really not used her right hand or arm since she was born. Our pediatrician tells us that this should go away with time, but we are becoming more and more concerned. Was this result of medical negligence, and can we do anything about it?

    What you are describing sounds like an injury to the brachial plexus nerves in your child’s arm. A stretching or avulsion of these brachial plexus nerves is often caused by what is known as shoulder dystocia at the time of delivery. This is where your child’s shoulder does not deliver spontaneously after the head is delivered. This can result in an Erb’s palsy or a Klumpke’s palsy to your child’s arm which can limit not only the use of the arm, hand and fingers; but can also result in a shortening or other deformity of the arm as your child grows. While your pediatrician is correct that most of these injuries will correct themselves during the first year or so of life, it is very important that your child receive expert diagnosis and therapy early in life to maximize the chances for recovery. In the past few years, specialized surgical procedures in specialty centers around the country have also been developed to help with recovery.

    Shoulder dystocia is a recognized complication that all obstetricians and labor and delivery nurses are or should be aware of. Sometimes dystocia can be anticipated and an injury avoided. For example, it has been established in the medical literature that mothers suffering from gestational diabetes, shoulder dystocia in a prior pregnancy, or other risk factors have a higher incidence of shoulder dystocia. When this is recognized and treated by such things as maternal diet, ultrasonic monitoring of the fetal growth, an elective c-section delivery, injury to the baby can be avoided.

    When shoulder dystocia is encountered, labor and delivery nurses, as well as obstetricians, should be fully trained in the maneuvers that can be employed to safely deliver the baby. Unfortunately, in this day and age, the delivering physician is often someone who the mother has never met during the prenatal care or even during most of the labor, and that physician is taken by surprise when dystocia occurs. This can sometimes result in excessive being used to deliver the impacted shoulder resulting in an injury to the brachial plexus and a condition of Erb’s palsy or Klumpke’s palsy to the baby. Not surprisingly, parents often suspect or somehow know that something was just not right during the maneuvers and delivery following the shoulder dystocia.

  • My wife complained to her gynecologist for more than a year about excessive discharge and bleeding. Her gynecologist assured her that Pap smears were normal and that nothing else could be done. My wife has now been diagnosed with Stage IV ovarian cancer. Why didn’t the Pap smear show something, and what else could her gynecologist have done?

    Unfortunately, while there is no doubt that women of a certain age should be receiving regular Pap smears, the limitations of a Pap smear in diagnosing the early stages of cancer are well known in the medical community. It is for this reason that a gynecologist needs to pay close attention to the complaints and symptoms of a patient. In certain cases, a Pap smear is simply not sufficient to diagnose early cancerous changes, and a gynecologist could be responsible for failing to order further diagnostic tests.

  • I drove my husband to the Emergency Room with chest pain. We sat there for more than two hours before my husband was finally examined. By that time the chest pain had basically gone away, and my husband was simply told to follow up with his family doctor the following week. Unfortunately, my husband died from a heart attack before he could be seen, and our family doctor told us nothing could have been done to prevent the heart attack. Is this true?

    While it is true that every heart attack or stroke cannot be prevented even with the best medical care and treatment, your question can only be answered after an expert review of the medical record in this case. This would include a study of such things as your husband’s health history, the complaints he made in the ER, and the type of questions that were asked and tests that were run by the medical staff in the ER. The loss of a loved one is a difficult and tragic enough event without the added burden of wondering whether the loss could have been prevented by proper medical care. An evaluation by a qualified medical malpractice attorney and independent expert review should be able to answer that question one way or the other. If there was medical negligence, then appropriate action can be taken. If there was no negligence, you will at least be able to put that one concern to rest.

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