Despite the So-Called “Government Immunity” or “Sovereign Immunity,” States, Municipalities and Cities can be Held Liable for Road Crashes
When a car crashes due to reasons that are purely unexpected or totally out of man’s control, such as an earthquake, an erupting volcano, a tornado, hail, lightning, hurricane, windstorm or any other naturally-occurring catastrophe, or it can be a sudden-medical-emergency, like a heart attack or a syncopal episode, a condition wherein a person experiences a sudden drop in blood pressure, causing him/her to pass out, then blame is placed on act of nature, more commonly known as “act of God.”
Since natural disasters or sudden-medical-emergencies cannot be foreseen or prevented, courts usually do not hold a driver accountable for resulting accidents; civil lawsuits that would allow injured victims to claim compensatory damages are, therefore, dismissed. Those injured can, instead, recover damages from their respective insurance provider, regardless of the cause or who was at-fault in the accident.
The case is totally different if an accident were a result of an act of negligence. An act of negligence, which is a major contributory factor to errors that result to accidents may be committed by drivers themselves, by or by state, municipality or city officials entrusted with the construction, repair and maintenance of roads, highways and bridges. Driver-controlled errors, according to the National Highway Traffic Safety Association (NHTSA), include drunk-driving, speeding, distracted driving, and reckless driving, among others. Errors by car manufacturers can include production of defectively designed cars or use of defectively manufactured car parts (the only problem with this is defects are only usually discovered after these have already caused an accident).
While drivers and manufacturers can easily be held accountable for accidents resulting from their negligence, holding a government agency liable, due to road defects or poorly constructed or maintained roads, can be very challenging due to the so-called “government immunity” or “sovereign immunity,” which renders states, immune from any form of liability, despite injuries during an accident.
Defective roads are characterized by missing or poorly constructed guardrails, poorly lighted streets, traffic signs blocked by trees or other fixtures, wrong or missing road signs, lack of railroad crossing lights, roadway debris, uneven pavement, water pooling on roads, potholes, and so forth. Drivers, who fail to notice potholes or other road hazards can easily lose control of their vehicle and suffer an accident.
In their website, Milwaukee car accident lawyers of Habush Habush & Rottier, S.C. ®, says that, “Due to the high rate of speed that drivers reach while on a highway, motorists can be seriously injured when a defect with the roadway causes a car accident. Typically, road maintenance is the responsibility of government agencies. However, these agencies may not be as responsible or proactive as they are supposed to be, potentially leading to catastrophic auto accidents.”
Immunity of government agencies from lawsuits is not absolute. If it can be proven that there is gross negligence in maintaining a roadway then holding a government agency liable and claiming compensation from it are not impossible, especially if an accident victim is represented by a determined and experienced personal injury lawyer.
Belladonna is one form of homeopathic medicine that is sold over-the-counter. It is derived from the Belladonna plant, a poisonous plant, that is also known as deadly nightshade or devil’s cherry, but with medicinal properties.
Besides its use as a sedative, Belladonna is also used in treating illnesses which manifest the same symptoms triggered by belladonna poisoning; these symptoms include seizures, vomiting, difficulty breathing, lethargy, excessive sleepiness, muscle weakness, skin flushing, constipation, difficulty urinating, blurred vision, and confusion.
The Belladonna homeopathic supplement, like any other herbal supplements, is never tested by the U.S. Food and Drug Administration (FDA) for safety or effectiveness. Thus, despite claims that Belladonna is effective, both the FDA and the National Institutes of Health (NIH) do not substantiate this claim, but rather says that large doses of medications that contain this homeopathic medicine can even result to poisoning.
This homeopathic medicine is used as an active ingredient in a number of medications, including Hyland’s Teething tablet, which is intended to provide babies with temporary relief from teething discomfort and from the symptoms of restlessness and wakeful irritability due to cutting teeth.
On October 13, 2016, the FDA said that it is looking into the truthfulness of reports concerning 10 infant deaths and more than 400 reports of seizures, fever, and vomiting which may have been the result of the use of Hyland’s Teething tablet. Just a month ago, the agency issued a warning, wherein it tells parents not to use homeopathic teething gels and tablets and to dispose of any teething treatments that they may still have in their possession. This warning contains almost the same message that it made 2010, where it said “The U.S. Food and Drug Administration today is warning consumers that Hyland’s Teething Tablets may pose a risk to children. The FDA recommends that consumers not use this product and dispose of any in their possession. The manufacturer is issuing a recall of this product.
Hyland’s Teething Tablets are manufactured to contain a small amount of belladonna, a substance that can cause serious harm at larger doses. For such a product, it is important that the amount of belladonna be carefully controlled. FDA laboratory analysis, however, has found that Hyland’s Teething Tablets contain inconsistent amounts of belladonna. In addition, the FDA has received reports of serious adverse events in children taking this product that are consistent with belladonna toxicity. The FDA has also received reports of children who consumed more tablets than recommended, because the containers do not have child resistant caps.”
Teething tablet lawyers know that there is nothing more painful than for a mother to see her baby suffer due to the use of a product which she thought would offer her baby comfort and relief from pain. Pursuing a legal action against the manufacturer of this harmful product, which can even cause fatal injuries, should be the wisest thing to do if only to make sure that no other baby would be severely harmed by injurious products.
Surgical error is one example of medical malpractice, an act of negligence by a professional health care provider that results to provision of treatment which falls below the standard of practice that is accepted in the medical community; medical malpractice is the cause of thousands of injuries and patient death.
Surgery is usually the last remedy recommended by doctors to patients after all attempts to treat health complaints have failed. Despite being a sensitive and risky procedure, patients choose to trust their doctors, believing that these doctors have been trained and have the capability to perform whatever is necessary to make them better; thus, they are in good hands. However, mistakes happen, and even the best doctors are prone to committing mistakes.
Surgical errors are serious medical mistakes. A list from the Agency for Healthcare Research and Quality of the U.S. Department of Health and Human Services says that the most common surgical mistakes are incorrect surgical procedure; wrong-site surgery; accidental puncture or laceration; wrong-person surgery; removal of the wrong organ; foreign bodies left inside a patient’s body; complication in anesthesia dosage; post-operative hemorrhage or hematoma; respiratory failure, or pulmonary embolism; physiologic and metabolic derangement; wound dehiscence (a surgical complication wherein a wound ruptures along a surgical suture. This can be due to age, obesity, diabetes, poor knotting, or post-surgery trauma due to the wound); wrongful death due to complications from negligent surgery: and, improper suturing.
A suture, particularly, is required for the proper healing of the treated skin, organ, nerve or tissue. If suturing is done improperly, though, it can cause an incision site to reopen or be infected, causing a patient severe harm and great pain. The more serious effects of improper suturing, though, include disfigurement, organ damage, paralysis, coma, and the need for corrective surgery which means additional medical cost for the patient.
Despite serious harm to patient or patient death, there are instances when proving medical malpractice due to surgical error is not easy (unless the effects of the mistake are obvious). Due to this difficulty in delving deeper into the cause of harm, it may benefit the injured patient if he or she would seek the services of a highly-qualified personal injury and nursing home abuse lawyers like those of Karlin, Fleisher & Falkenberg.
Being active is essential to one’ s health. Without it, the potential for weight gain, sickness, depression, and low energy is rather high, so it is important to maintain an exercise schedule. However, as people age, their bodies betray them by limiting their ability to perform vigorous activities. Despite becoming physically unfit, many seniors simply do not have the energy or care for working out. Therefore, those who are able should make an effort to exercise, as to strengthen their bodies and improve their health as they age.
The minimum recommended time for a work out is 15-30 minutes of an activity per day, and committing to this schedule can lead to promising results for seniors. Firstly, exercise controls how much weight one gains or loses, which can certainly help those elders who spend a large portion of their time being sedentary. Strokes and other cardiovascular diseases can be prevented by being active on a regular basis, due to physical exertion increasing production of high-density lipoproteins (HDL), which is what promotes healthy and smooth blood circulation. Not to mention, working out causes an improvement in both mood and energy, as it stimulates endorphins and confidence, so chances of becoming depressed are slimmer.
Because maintaining an active lifestyle is universally understood to be crucial in order to uphold a healthy body and mind, there are options of less vigorous workouts for senior citizens who may not possess the same energy as younger people. According to SeniorAdvice.com, senior living communities usually offer various forms of physical activity that are compatible with the care plan of elders residing there. Even if an elder doesn’t have the ability to perform at a high-intensity for long, any exercise can still be highly beneficial if consistent. A sense of independence can even be restored when an elder regains control over their body.
Conclusively, it should be encouraged that exercise is just as necessary for the elderly as it is for younger individuals. Seniors can easily access the opportunity to get in great shape as they age through programs offered by their communities, not to mention feel youthful in challenging their bodies.
Legal cases may often be nerve-racking and tricky to deal with. Personal injury cases even more so, because of the fact that they involve real, suitable harm that could have caused problems, disabilities, or trauma; such an incident may possibly have even made you incompetent at carrying out work functions, thus severely affecting your revenue. At the worst case, injuries of this nature may even result in death.
As stated by the internet site of the Sampson Law Firm, there are several different subsets of personal injury in legal conditions, making it among the more complicated processes to have to deal with. There is medical negligence, car accidents, nursing home abuse, and many more – and each demands a specific kind of know-how which will allow for your own case represented to be handled properly.
Lawyers that are compassionate and ready to follow justice in your behalf may be your saving elegance in such instances whereas those who suffer through such accidents can sometimes be left in the dark, not know what route to take next. As said on the website of the Bureau of Justice Statistics, the benefit of trusting seasoned experts is that they’ll be aware of what medical procedures you desire, what are the circumstances with which your situation has to be organized, that you are ensured and need not be pressured with all the legal niceties that are, undeniably, definitely exhausting and demanding.
In the end, it could be progressively hard as circumstances tend to differ with all the express ordinance in accordance. That’s the reason it is advised that when you or someone you know is in circumstances similar to this, it is imperative that the lawyer is acquainted with the laws of the community you are in.
In April 2014, the world’s largest manufacturer of power morcellators pulled their products out of the market and ceased future production of their successful medical device. This came as a response to a safety warning issued by the U.S. Food and Drug Administration several weeks prior. According to the website of Williams Kherkher, the FDA noted that the use of power morcellators puts a significant number of women at risk, outweighing any potential benefits brought about by the device.
A power morcellator is a surgical tool used primarily hysterectomies, myomectomies, and other laparoscopic procedures meant to address issues with the uterus, cervix, and other gynecological conditions. It works through the use of fast-spinning blades that shred tissues to allow surgeons to extract large masses through small incisions. The use of power morcellators became widespread because it resulted in faster and easier procedures, as well as shorter recovery time for patients.
However, despite these benefits, it soon became clear that the use of power morcellators posed risks to a considerable number of patients. Several studies pointed to the fact that the process of morcellation—the shredding and mincing of tissues—can cause cancer to spread if performed on a patient with undiagnosed malignancy in the early stages. One such patient is Dr. Amy Reed. Dr. Reed underwent the routine procedure to have uterine fibroids or noncancerous uterine growths removed. Unfortunately, the use of morcellation caused her undiagnosed cancer to exacerbate and spread. For Dr. Reed and other women in similar situations, the use of morcellation can cause cancer to spread more aggressively, effectively decreasing their chance at a successful treatment.
This makes it clear that the use of power morcellator is a difficult bargain for many women. According to the warning issued by FDA mentioned earlier, about 1 in every 350 women who undergo procedures using morcellation could have undiagnosed uterine cancer. Considering the devastating risks involved in the equation, it’s obvious that women can’t afford to gamble with their reproductive health.
Despite being millions in numbers, a great majority of mineral rights owners have little understanding of how their rights work and what they can do to benefit from them. According to Investopedia, mineral rights refer to the rights that the landowner has to earn “a portion of the profits of any minerals that can be drawn out from the property”. It is an umbrella term used to describe the number of ways an owner can profit from the natural resources extracted from the ground. This also means the landowner has the authority to sell mineral rights or just profit from it. Depending on what the landowner’s needs or desires, the extracted minerals can be sold, leased, or developed.
Mineral extraction can be very complicated and costly, which is why many mineral rights owners just permit oil companies or mineral companies to do the extraction, and in return just be paid in royalty income from the company’s revenue. As the United States’ oil and gas industry started to grow, mineral rights have been separated into two individual rights – the mineral rights (royalty rights) and surface right. The separation often causes confusion, and can lead to loss of profit for the landowner. It is therefore advised to talk with mineral brokers in order to understand how these two separate rights can affect your profits.
Furthermore, mineral rights owners should be aware of the taxes that come with owning mineral rights. As with many other assets, mineral rights come with tax liabilities can become burdensome depending on how the minerals are being handled. Aside from the Federal tax obligations, mineral rights can be taxed on a state and/or county level. In order to mitigate the impact of these taxes, there are options such as Depletion Allowance and 1031 Exchanges. Talk with someone who knows about mineral rights and the laws that pertain to it to avoid legal issues in the future.
It can be one of the hardest situations to be in – to be unable to care for someone who has cared for you for most of your life. However, sometimes these things simply cannot be helped and sometimes, external care is required. Your lifestyle may not be one that is suited to give the care that an elderly person might require.
When people reach a certain age, they are often delicate and fragile like parchment where there was once youth and strength. And unlike the fragility of children, this is the finale of their lives – and most older people only want peace and happiness after having had gone through the tumultuous adventure that was the most of their life.
That is why it is important, sometimes, to acquire the services of a caregiver. Someone who chooses this route in life must be specially trained and very patient, due to the nature of their wards. They must have sufficient knowledge of their patient’s medical history and needs, as well as be capable in times of emergency. Caregivers also often act as company and well-needed friendship for elderly folk in this time of their lives when loneliness can often be rampant.
Imagine then the betrayal to know that your loved ones were not properly cared for by the people you hired and entrusted? This is not only unforgivable but also eligible for legal action. According to the website of Peck Ritchey LLC, some of the instances that are classified as elder abuse can involve theft or undue influence. Behavior of this nature is completely unacceptable as that is exploiting and abusing someone who is not in the position to care for themselves, let alone stand up for their own rights. It is difficult to deal with but deeds such as this must be addressed in a court of law in order to bring the offending party to justice.
The US Food and Drug Administration, according to Wikipedia, is a federal agency that protects and promotes public health by regulating and supervising the development, manufacture, sale, marketing, and consumption of:
- animal foods and feed
- blood transfusions
- dietary supplements
- electromagnetic radiation emitting devices
- medical devices
- pharmaceutical drugs and medications
- tobacco products
- veterinary products
In theory, that should make any product mentioned above safe for prescribed use if they are granted FDA approval. However, there is no such thing as a perfect system, and morcellator attorneys have paid special attention to how power morcellators obtained FDA approval if they are as dangerous to women’s health as current data indicate them to be.
The first power morcellator to receive FDA approval was manufactured by Cook Urological in 1991 using a 510(k) review (Premarket Notification). The FDA doesn’t actually approve medical devices, but merely clears them for sale in the US. In the case of morcellators, the FDA did not require clinical studies regarding the safety of the device nor asked questions about its potential for harm, including the spread of cancer in at-risk patients. Cook discontinued its morcellator device in 2001, but subsequent applications for FDA approval referred to the data from the first morcellators that indicated low incidence of uterine cancer.
Research indicates that the spread of cancer in morcellated patients was shortly after their surgery, so those who are not notified that they have developed uterine cancer within a short period of time had probably dodged the bullet. But what is for certain is that FDA approval is not a guarantee that you will be safe from harm, at least with medical devices in general and power morcellators in particular. If you have developed cancer after a procedure using a morcellator, you may be eligible for compensation. Consult with a morcellator lawyer in your state for more information.
Insurance companies cover a number of personal injury cases, including but not limited to medical malpractice, defective products, car accidents, and even premises liability. The insurance company will be the one to pay for the legal fees and amount of damages as directed by the court jury or after a settlement agreement. According to the website of Williams Kherkher, insurance companies will pay the claimant for compensation if the claimant can present evidence that the insurance company’s policy holder is responsible for the accident and injury of the claimant. Although a personal injury claim can be handled without hiring a lawyer, it would be more advantageous to have a legal representative to ensure that the case will end positively.
When a person decides to purchase liability insurance, it always comes with a policy limit. This means that the insurance company has a designated maximum amount of money that they will provide as insurance. However, if the damages exceed the maximum amount of compensation that the insurance company can provide, the claimant still collect damages that top the insurance policy limits. The three main options are: (1) recovering the damages via an umbrella insurance policy, (2) filing a lawsuit against other defendants in the case and (3) attempting to acquire directly from the defendant. The website of Pohl & Berk, LLP states that the suitable method to recover damages will depend on factors such as what would be most suitable for the claimant and the details of the specific case.
Umbrella policies are often common among corporations and other large business entities, although there are some private individuals that have them as well. It is important to research about the defendants’ possible multiple insurance policies or insurance companies to see if this can be applied to your specific personal injury claim. As for filing against multiple defendants, it can be applicable if there are at least two different parties involved in the accident that caused the damages. Lastly, if you choose to file directly against the defendant, this will be possible through a court order by the judge for wage garnishment or a lien on the properties owned by the defendant, all depending on whether he or she has money or assets to provide your payment. If not, then the excess amount of damages not covered by the insurance policy will not be collectible.