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Settlement: Surgical Sponge – Left behind. – $150,000

Posted on Mar. 4 2013 in Case Results & Settlements

A surgical sponge was left behind in this patient during her surgical procedure.

Failure to Diagnose or a Misdiagnosis of Cancer: The Basics

Posted on Feb. 15 2013 in Medical Malpractice Cases

Currently cancer afflicts a massive segment of the American population. The American Cancer Society Correct treatment is crucial to lowering these numbers and ensuring that you aren’t one of the unlucky ones who succumb to this debilitating disease. Cancer is tricky,and once it metastasizes (spreads from its original point of origin), it can be much harder to treat. As most of us know, when and how the cancer is diagnosed plays heavily into chances of survival, and discovering that you have suffered from a misdiagnosis can be devastating. Most Common Cancer Misdiagnosis Unfortunately, misdiagnoses or failure to diagnose can occur in almost every cancer case, among them: breast cancer lung
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Michigan Model Provides Lessons on Avoiding Medical Malpractice Lawsuits

Posted on Jan. 22 2013 in Medical Malpractice Cases

Hospitals in Kentucky can take a few lessons on avoiding medical errors and lawsuits arising as a result of these errors from the University of Michigan Health System. According to an analysis of the performance of the University of Michigan Health System, it has done an excellent job of responding to medical errors,reducing the risk of medical errors in the future, and dealing with patient injuries that result as a consequence of those errors. The Michigan Model is based on an approach of “disclose, apologize and offer”, and can improve access to compensation, enhance patient safety and promote transparency.  So successful has the system been that the “Michigan Model “is being
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Longer Work Shifts Linked to Nurse Burnout, Stress

Posted on Nov. 29 2012 in Medical Malpractice Cases

Many hospitals have been slowly phasing in the 3-day-workweek for nurses with extended work shifts.  The three-day workweek allows for longer weekends,and is believed to contribute to a better work-life balance.  Unfortunately, the longer shifts also seem to be linked to higher levels of stress. According to a new study of nurses that was been published recently in the journal Health Affairs, when nurses work long,extended shifts of 13 or more hours, they are at risk for increased levels of nurse burnout and decreased job satisfaction. Nurses who work long hours of 10 or more hours were found to be approximately 2 ½ times more likely to suffer burnout and stress,
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How to Prevent Common Medical Errors

Posted on Oct. 15 2012 in Medical Malpractice Cases

Discussions about how to prevent medical errors are common, but a new piece in the Wall Street Journal which outlines specific steps to reduce the risk of medical errors is generating quite a bit of buzz, because it was written by a prominent Johns Hopkins doctor.  In the piece titled How to Stop Hospitals from Killing Us, Marty Makary provides a ringside view of the frequency with which medical errors occur in American hospitals. These errors include everything from wrong site surgeries to surgical instruments left behind in a patient’s body. Dr. McCarty recommends 5 steps to prevent these errors. Open Access to Safety Information Public reporting of medical errors
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FiberOptic-based Carpet Could Help Prevent Fall Accidents

Posted on Sep. 28 2012 in Personal Injury Cases

Researchers at the University of Manchester have developed a so-called “magic carpet” that is made with fiber-optic cables.  The carpet can detect when a person has suffered a fall accident, and can also be used to detect conditions that could possibly lead to a fall accident in the future. The carpet is made of plastic optical fibers.  When a person walks on this carpet, the fibers relay this information to a computer. The computer uses this data to map the persons walking patterns.  There are tiny sensors that are installed at the edges of the carpet, and these transmit signals to a main computer, which can then analyze minute changes in a
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Car Accident Mediation in Kentucky

Posted on Aug. 29 2012 in Car Accident Information

After getting into a car accident in Kentucky, the accident victim may want to file suit with the help of a Louisville accident lawyer against the responsible parties and achieve a full recovery through a trial. However, even when an accident seems slam dunk in favor of a plaintiff, one never knows how a jury will decide. One way to resolve a Louisville, KY car accident is to go through mediation. Mediation is when a neutral party, the mediator, helps the disputing parties to come to a settlement. Parties may go to mediation when they want to resolve a dispute without the delays or expenses of trial or the unknown
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Automated Enforcement Laws

Posted on Jul. 16 2012 in Car Accident Information

Automated enforcement laws refer to using cameras to enforce traffic safety laws. Kentucky currently has no state laws relating to automatic enforcement. Though many states have laws authorizing automated enforcement, not all states where cameras are in use to enforce traffic laws have such laws, nor are they such laws always necessary. A common category of automated enforcement program is for red light violations. With red light violations, if a car enters an intersection any time after the signal light has turned red, the driver commits a violation. Motorists inadvertently in an intersection when the signal changes such as when they are waiting to turn left are not red light runners. In
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DNA Evidence in a Personal Injury or Accident Claim

Posted on Jul. 16 2012 in Personal Injury Cases

While some accident claims can have a clear guilty party, other cases may involve a more extensive look into evidence to find the whole truth. With the help of an experienced Louisville accident lawyer, DNA evidence can be used as a tool to finding the at-fault party or individual. Sometimes DNA from a traffic violation or accident can lead the police to finding someone responsible for a crime or accident. According to The Herald-Dispatch, DNA from a traffic violation led police to arrest a person for murder in the 2002 slaying of a western Kentucky woman.  The victim of the crime had been driving home to Kentucky from Florida when her body
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Elements of a Negligence Claim

Posted on Jul. 16 2012 in Personal Injury Cases

According to WAVE3.com, on July 3, 2012, in Elizabethtown, KY, a large truck, loaded with construction equipment, crashed through a baseball field.  According to the Hardin County Sheriff’s Department, no one was in the truck when it went loose and rolled onto the EABC fields in Elizabethtown.  No one was physically injured, but property damages estimated between $15,000 and $20,000. What is a Negligence Claim? Everyday vehicle crashes are typical negligence claims.  To establish negligence, a plaintiff needs to show a breach of duty that is the actual and proximate cause of damages with no defenses. To establish duty, some states require a defendant to owe a duty only to
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