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The Daubert Standard and Expert Witnesses

Posted on May. 18 2012 in Personal Injury Cases

Kentucky uses the Daubert standard from a US Supreme Court case, Daubert v.Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).  The standard governs the admissibility of expert witness testimony during US federal legal proceedings and over half of state proceedings like KY personal injury cases. Pursuant to the Daubert standard, whether an expert witness testimony is admissible in court, depends on:  (1)whether an expert’s opinion has been peer reviewed; (2) whether an expert’s theory can be and has been tested; (3) known or potential error rate of an expert’s theory; and (4) general acceptance of a expert’s theory in the relevant scientific community.  In Daubert,the Supreme Court decided FRE 702 required a trier of fact
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Treatment for Spinal Cord Injuries

Posted on May. 17 2012 in Personal Injury Cases

The Kentucky Spinal Cord Injury Research Center (KSCIRC), in collaboration with clinical colleagues in the Department of Neurological Surgery, has a mission to develop effective treatments for spinal cord injury (SCI).  SCI is a heartbreaking condition usually caused by car accidents, slips and falls, or workplace injuries when there is a sudden, traumatic blow to the spine that fractures or dislocates vertebrae.  Each injury attorney at our law firm offers confident representation when it comes to handling SCI cases. The KSCIRC initially focused its research on the central nervous system (CNS)area. In 1994, the Kentucky Spinal Cord and Head Injury Research Trust (KSCHIRT) was established by surcharges on Kentucky traffic
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Unique Aspects of Motor Vehicle Accidents in Kentucky

Posted on Apr. 4 2012 in Car Accident Information

Motor vehicle accidents occur all across the country, however, there are certain aspects of road accidents that are specific to Kentucky and other states in its geographic proximity. In the winter, ice on the road increases the danger on Kentucky roads.  Spin-outs and other unfortunate consequences of hitting a patch of ice are avoidable if precaution is taken.  In these situations, avoid breaking quickly.  In bad weather, it is important to drive slow and be more alert than normal. The winter also brings on an increase in deer roaming the streets.  In Kentucky, deer are found most during the winter months including October, November, and December.  According to Kentucky state police,
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Fixing The Blind Spots Problem

Posted on Mar. 30 2012 in Car Accident Information

The National Highway Traffic Safety Administration (NHTSA) recently recommended a new rule that would require rear-view back-up cameras in all new cars, pickup trucks and SUVs by the year 2014. The rule was recommended in an effort to curb rear view collisions because nearly all vehicles have significant blind spots.  Blind spots are areas the driver cannot see either by turning around or looking in the mirrors. The implementation of the rear-view camera rule would mean drivers would be able to see what is directly behind them.  Rear-view cameras would be particularly useful in SUVs because they tend to have large blind spots. “Every vehicle has a blind zone immediately behind
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Mature Drivers More Likely to Be Involved in a Serious Accident?

Posted on Jan. 16 2012 in Car Accident Information

As cliched as it may seem, older drivers are statistically more likely to be a victim of motor vehicle accident fatalities. According the the AMA, drivers aged 75 or older are involved in significantly more motor vehicle accidents per mile of driving than their middle aged counterparts. Because elderly drivers are generally more physically fragile than younger drivers, they are more likely to suffer a fatal injury in a motor vehicle accident. Intervention The Kentucky state government has taken accident to mitigate the greater risk of traffic accident fatalities among older drivers by involving the Kentucky Medical Review Board. This state board works to identify drivers who have impairments that
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How to Obtain a Motor Vehicle Accident Report in Kentucky

Posted on Jan. 9 2012 in Car Accident Information

It’s important to take action quickly after you have been in a motor vehicle accident. When you have been in an accident, one of the most critical pieces of information regarding the accident is the official motor vehicle report. Depending on where the accident occurred, you can go to the state police station that responded to the accident in the first place. Getting the help from an experienced Louisville car accident attorney can also help expedite the process of obtaining an accident report. Hiring a Louisville Accident Lawyer is Important When You’ve Been in a Kentucky Car Crash When you are the victim in a car accident, the insurance company
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Anonymous Surveys Uncover Diagnostic Errors

Posted on Jan. 12 2010 in Medical Malpractice Cases

A recent study published in the Archives of Internal Medicine analyzed 583 physician-reported errors related to missed or delayed diagnoses, mistakes the authors called a “frequent and under-appreciated cause of patient injury.” Diagnostic Errors ‘Leading Cause’ of Medical Malpractice Also calling them the “leading cause” of medical malpractice litigation, the authors cited diagnostic error rates of 10% to 15%, as confirmed by decades of data from autopsy reports. Called the Diagnostic Error Evaluation and Research (DEER) project, the study was funded by AHRQ and involved anonymously surveying hundreds of clinicians about cases in which they personally committed or directly observed what they personally deemed to be diagnostic errors. Most Common Misdiagnosis The
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