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Negligence Cases in the News: Malpractice

Negligence Cases in the News

Personal Injury — Malpractice

In a recent blog we discussed that a common theme in medical malpractice cases is failure to diagnose leading to a significant injury or death. As pointed out, a serious and common gynecological problem which sometimes goes undiagnosed is ectopic pregnancy. When timely to diagnose an ectopic pregnancy can be resolved by a salpingostomy. This is a surgery to remove the fetus from the falliopian tube before it grows so large as to cause a rupture. A ruptured falliopian tube can cause death through internal bleeding and or diminished fertility. Medical literature relates that a pregnancy in the falliopian tube is a true medical emergency and that every attempt should be made to remove the fetus before the tube is damaged.

The doctor or emergency room staff must maintain a high degree of suspicion for ectopic pregnancy in young, sexually active, women who are presenting signs of pain, cramps, bleeding, nausea, and dizziness. These warning sign in conjunction with a detailed history may suggest an abnormal pregnancy. In that case, the pregnancy can be confirmed by simple blood or urine tests. If confirmed, an immediate referral to an OBGYN specialist is called for, as well as an ultrasound, to see if there is, in fact, an abnormal pregnancy.

Ectopic pregnancy (tubal pregnancy) although a true medical emergency, if properly handled, can be successfully treated.

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Negligence Cases in the News: Hospital Malpractice Cases

Negligence Cases in the News:

Hospital Malpractice Cases

The Buffalo News reported recently a distressing story. It has been alleged by several citizens that a local hospital caused them to become infected with hepatitis. Specifically, in a suit filed each alleges that the source of the disease was the hospital staff inappropriately reusing surgical needles that had been used on other patients, a definite cause of hospital malpractice.

Generally speaking, it is well known that hospitals, because of ill patients, can be a dirty environment from which a patient can contract a generalized infection. Its a risk, in other words, that can not be eliminated. For this reason, the usual medical negligence or hospital malpractice case will be dismissed, so long as, the hospital is able to establish that it implements industry approved sanitation and sterilization processes.

On the other hand, where a discrete source of infections can be established based upon a violation of industry standards, and then an injured patient may have a cause of action. Certainly if it was proven or admitted that needles were reused without sterilization, that could be a discrete cause of an infection. Another common scenario for either hospital negligence, or even hospital malpractice, is the failure to remove all instruments, bandages, or gauze after a surgery. These foreign objects are many times the source of post surgical failure to heal, pain, and infection.

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Negligence Cases in the News: Consumer Protection Actions

Negligence Cases in the News:

Consumer Protection Actions

On a “lighter note” Bloomberg has recently reported that lawsuits have been filed against Anheuser-Busch by consumers in several states via the Consumer Protection Actions. Yep, it is alleged that the old “King of Beers” is ripping off consumers because it adds water to the finished product which diminishes the alcohol content. Say it ain’t so!

     In Michigan, the State Legislature enacted the so-called Consumer Protection Act years ago. See MCL 445.901. This act provides for damages and injunctive relief to protect consumers from various types of bait-and-switch, misrepresentations and consumer scams.

     If you or a loved one have any questions about the Michigan Consumer Protection Act, please fee free to call Guy Vining of the Vining Law Group, PLC, for a free consultation.

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Personal Injury Cases in the News: Medical Malpractice

Personal Injury in the News:
Medical Malpractice

 

The Toledo Blade recently reported a suit by an Ohio resident against a hospital which allegedly failed to diagnose bleeding in the patient’s skull. The allegation is that the undiagnosed condition resulted in stroke and physical disability.

 

A common type of medical malpractice case is the “failure to diagnose,” or the “failure to monitor” case. The pattern is that illnesses have various abnormal presenting signs which need to be considered through a process of differential diagnosis to determine and treat the cause. The medical professionals are supposed to be acquainted with the various abnormal signs and develop a differential diagnosis of what the cause possibly is and then perform tests to rule them in or out. A missed diagnosis is a very serious matter, and can result in serious injury or death.

 

As an example, consider the condition of ectopic pregnancy. In years past, Guy Vining represnted several victims of this conditions. An ectopic pregnancy is the development of a fetus outside of the uterus, usually into a fallopian tube. The warning signs include swelling and extreme pain in the patient. The risk is extreme, too, because if the fetus is not timely removed, the falliopian tube may rupture leading to the patient’s death by bleeding. The practitioners therefore must have a high index of suspicion for ectopic pregnancy when presented with a young woman and these symptoms. Appropriate care would include taking a history of sexual activity, last menses, ordering a pregnancy test and an ultrasound.

 

As earlier mentioned, if the diagnosis is not made, the rupture can lead to loss of the fallopian tube or even death. If you or a loved one have suffered the loss of a fallopian tube or another serious personal injury because of the failure to make a medical diagnosis, you may have have a compensible loss. Be sure to promptly get advice from a qualified attorney in regard to your personal injury.

 

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Negligence Cases in the News: Bus Accident Cases

Negligence Cases in the News:
Bus Accident Cases

     The Long Beach Press reported this month that a lawsuit has been filed by families against two California bus companies. Seven people were killed when a tour bus lost its brakes coming down a mountain.

 

In Michigan, the law also imposes a duty upon public transportation companies to maintain their buses in good repair to avoid personal injury. The same is true with regard to the general safe operation of buses and cabs for the safety of their paying customers and the general public.

 

If you or a loved one are injured while a passenger on a local bus or cab through negligence of the driver or a safety defect, you may wish to speak with a lawyer to discuss your rights.

 

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Personal Injury Cases in the News: Dog Bite Cases

Personal Injury Cases in the News

Dog Bite Cases

 

     The old adage is wrong. It used to be said that every dog is entitled to one bite. In other words, no liability unless the owner knows of a dangerous propensity. However, that is not what the statute says. It provides for almost strict liability at MCL 287.351, which states:

 

“Sec. 1.(1) If a dog bites a person, without provocations while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

 

Sec. 1.(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.”

 

     If you or a loved one have suffered an injury from a dog, or other animal, you may have a remedy in court for monetary compensation. Guy Vining of the Vining Law Group, PLC has represented a dozen or more victims of animal attacks with settlements ranging from $15,000 to more than $300,000. Please feel free to call Guy Vining for a free and confidential appointment to discuss your rights.

 

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Personal Injury Cases in the News: Dog Bite Cases

Personal Injury Cases in the News:

Dog Bite Cases

 

     A good discussion of the law of dog bite cases is found in Hill v. Sacks, 256 Mich App 443 (2003). In that case, Plaintiff’s young child was awarded a judgment by a jury in Monroe County, Michigan. This judgment was reviewed by and affirmed (agreed to) by the Michigan Court of Appeals.

 

     The case was brought pursuant to the so-called dog bite statute, MCL 287.351. The Court of Appeals noted that the statute creates almost absolute liability against the owner of a dog for a bite unless the owner can establish “provocation.” Where the animal is not provoked the owner may not successfully argue that the injured person was partly to blame or what judges call comparative fault. In other words — unless there is provocation the victim’s comparative fault will not count as damages. Therefore, the Court of Appeals denied the owner’s appeal and held:

 

“Similarly, we conclude that the dog-bite statute does not allow for consideration of any comparative negligence on the part of the dog-bite victim, excluding possibly where the negligence may relate to the defense of provocation. The dog-bite statute by its clear and unequivocal language does not allow consideration of any negligence or fault, as that term is generally used, on the part of the owner of the dog. If the other considerations contained in the dog-bite statute are satisfied, there i no liability where provocation exists, and there is liability where provocation is lacking.” Bradacs, supra at 267.

If you or a loved one have suffered an injury from a dog, or other animal, you may have a remedy in court for monetary compensation. Guy Vining of the Vining Law Group, PLC has represented a dozen or more victims of animal attacks with settlements ranging from $15,000 to more than $300,000. Please feel free to call Guy Vining for a free and confidential appointment to discuss your rights.

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Personal Injury Cases in the News

Personal Injury Cases in the News

 

     The Chicago Tribune on February 7, 2013 reported that a family of a man who died after a surgery filed suit. Specifically, the man under went surgery to repair a hernia and died 6 days later. The lawsuit alleges that the surgeon and the hospital were negligent in failing to properly monitor his condition and treat severe colon inflammation, thus creating a personal injury.

 

     In Michigan, medical negligence, a form of personal injury, cases are referred to as medical malpractice. Such suits allege that the medical professionals and institutions failed to do something that are outside of the standard of care under the circumstances of the case. Medical malpractice cases must be carefully investigated and promptly filed. The statute of limitations for such cases is only two years.

 

     If you or a loved on have a question about medical, dental, or other professional malpractice, just call Guy Vining. Guy Vining is a personal injury attorney who serves Metro-Detroit and the Downriver communities of Rockwood, Brownstown, Woodhaven, Grosse Ile, Gibraltar, Trenton, Southgate, Riverview, Wyandotte, Lincoln Park, Allen Park, Dearborn, Ecorse, Taylor, and Romulus. All initial consultations are free of charge and representation is on a contingency fee basis so that you will not have to pay attorney fees out of pocket.

 

[Guy Vining, a bankruptcy attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Negligence Cases in the News: Construction Accident Cases

Negligence Cases in the News:
Construction Accident Cases

In Michigan a general building contractor may be held liable for damages for personal injuries under certain circumstances. The very nature of construction work lends itself to the necessity of maintaining the safest work environment possible because of the propensity for crippling injuries and death. In a recent case, Guy Vining of the Vining Law Group was able to recover a significant settlement for an individual who was constructing her own home though the service of a general contractor.

In the case the home owner fell from a considerable height from an area that was left unguarded even though it was open to trade people and general laborers.

Specifically, it was alleged that a certain sub-contractor removed safety railings to perform its task but failed to reinstall it leaving a froseeably dangerous condition to exist. The evidence showed that the general contractor had retained control over the project but failed to inspect, discover and ameliorate hazardous conditions.

If you would like more information on construction injury cases call Guy Vining of the Vining Law Group. All injured workers are welcome for reliable and free consultations. These types of cases are normally prosecuted on a contingency basis so that you will pay no attorney fees unless settled to your satisfaction.

Guy Vining, an experienced negligence attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Negligence Cases in the News: Birth Injury Malpractice

Negligence Cases in the News
Birth Injury Malpractice

The San Francisco Chronicle has recently reported that a family from Staten Island, New York, was awarded $77,000,000.00 for birth injuries. Specifically, their daughter born 17 years earlier has suffered since birth a severe condition of cerebral palsy. Cerebral palsy is caused by oxygen deprivation to the fetus and results in profound and permanent handicaps to the child.

Hospitals and their staff are duty bound to monitor fetal health. When a breach of that duty results in an injury to a child, there is a claim against the staff and physicians and the institution responsible.

If you would like more information on medical or other professional negligence please feel free to contact Guy Vining. At the Vining Law Group, injured individuals are always welcomed to reliable and free consultation. These types of cases are normally prosecuted on a contingency fee basis so that you will not pay an attorney fee unless the case is successfully resolved.

Guy Vining, an experienced negligence attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.