Archive for the ‘Medical Malpractice’ Category

Injured? Read About How to Obtain the Maximum Settlement Plus Benefits

Tuesday, February 8th, 2011

The United States Justice System is among the best in the world. If you, a friend or your loved one has been seriously injured by a corporation or person, and you are unable to reach a settlement, generally you or your loved one will receive a just result in our court system.

A key component to receiving fair compensation is choosing an experienced personal injury lawyer who has the resources and commitment to represent you. Personal injury refers to both psychological and physical injuries that a person suffers as a result of someone’s negligence, their intentional actions, or strict liability. Negligence simply means failing to act as a reasonable or careful person or business would act under the same or similar circumstances. For example, if you are injured in an auto accident, caused by a driver who was on the phone or texting while driving, then you would suffer personal injury as a result of that driver’s negligence. Intentional actions refer to a person who purposefully and deliberately sets out to harm another individual, such as in an assault. Strict liability means that an individual or corporation may be held financially responsible if they produce, sell or distribute a defective or unsafe product that kills or injures someone.

While these scenarios may or may not also result in criminal charges brought against the offending party, generally they result in civil penalties. Civil penalties may include compensation for lost wages and medical bills as well as money damages for pain and suffering.

Types of Personal Injury Cases:

Car, Truck and Motorcycle Accidents

Construction, Industrial and Work Place Accidents

Hospital and Medical Error

Nursing Home Negligence

Defective/Unsafe Products

Airplane & Cruise Ship Accidents

Not All Attorneys are Equally Qualified to Handle Personal Injury Cases

In order to prove your case in a court of law, you must be able to show that your injury was caused by the negligence of another party. The personal injury lawyers at the Law Offices of Henry Hanflik will help you to determine if you have a valid claim. After your case is carefully analyzed and evaluated, our attorneys will discuss with you the best course of action to follow. Filing a law suit may not always be in the best interest of the client. Virtually every case handled by the Law Offices of Henry Hanflik is on a contingency basis; that means our office advances the costs necessary to handle your claim.  A fee is charged only when we make a recovery on your behalf.

Call us now for a free case evaluation at 810-720-4000 or toll-free at 888-905-4632.

A Whiff of Cigarette Smoke Can Damage Your DNA: New Surgeon General’s Report

Friday, December 10th, 2010

According to a recent report from the U.S. Surgeon General, there is no safe level of exposure to tobacco smoke. Even an occasional cigarette or breathing second-hand smoke can cause serious and immediate damage to your body, altering your DNA and increasing the risk of developing cancer. In fact, nearly one-third of all cancer deaths involve cigarette smoking. Exposure to cigarette smoke may cause cardiovascular disease and trigger a heart attack or stroke, because the smoke rapidly damages blood vessels throughout the body, making blood more likely to clot. Cigarette smoke contains over 7,000 different chemicals and compounds, hundreds of which are toxic: seventy are known to cause cancer. These chemicals found in tobacco smoke inflame the delicate lining of the lungs, reducing the ability of the lungs to efficiently exchange air, leading to chronic pulmonary lung disease, emphysema and chronic bronchitis.

Of course the longer a person smokes, the more damage is created by the toxic chemicals that can weaken the immune system and reduce your body’s ability to fight off cancers, including those  cancers that are not associated with smoking. If you are trying to become pregnant, women should avoid all exposure to tobacco smoke, as chemicals in the smoke interfere with how your fallopian tubes function, and increase the risk for miscarriage or low birth weight. Men should be aware that chemicals in tobacco smoke can damage the DNA in sperm and may reduce fertility or adversely affect fetal development. Diabetics should understand that tobacco smoke interferes with the regulation of blood sugar levels, putting them at higher risk for heart, lung, kidney and eye diseases and increased problems with circulation and nerve damage.

The report explores why cigarettes are addicting, and concludes that cigarettes are designed to addict. Cigarettes produced today deliver nicotine more rapidly to the heart, lungs and brain, making them more addictive than ever before. Nicotine is the leading ingredient that causes addition, but certainly not the only ingredient that promotes dependency and addiction. Cigarette manufacturers seek to “improve”  the design of their products by adding more powerful compounds to affect the nicotine receptors in the brain and thus sustain the additive effects of cigarettes. Adolescents are at greater risk for addiction to cigarettes as their bodies are more sensitive to nicotine. Smoking “light” or low-tar cigarettes did not significantly reduce the risk of smoker-related diseases. Rather, these versions of cigarettes may have interfered with campaigns that encourage people to stop smoking.

“It is never too late to quit” smoking tobacco products. The report states that the risk of developing smoker-related diseases begins to drop as soon as an individual quits. Fortunately, there are medications available, both over the counter and by prescription, to help a smoker to “kick the habit”. To learn more,copy and paste this link into your browser: http://www.cdc.gov/tobacco.

Hospital Negligence, Ignorance Causes Thousands of Infection-Related Deaths

Wednesday, July 14th, 2010

An estimated 80,000 people are infected each year in American hospitals with catheter-related bloodstream infections: 30,000 die from these infections. According to a recent survey of medical professionals, most of these infections are preventable. However,  infections continue to plague hospitals because hospital administrators do not understand the significance of the problem and have not committed adequate resources and attention to implement basic procedures to reduce the infection rate. Basic procedures include hand washing, cleaning a patient’s skin with an effective antiseptic, using sterile drapes, clothing, masks, gowns, gloves and dressings. (7/13) Washington Post

Nursing Home Company Slapped with $670 Million Verdict

Thursday, July 8th, 2010

This week Skilled Healthcare Group, Inc. was ordered to pay more than $670 million in damages for violating the California health and safety code which requires nursing homes to provide at least 3.2 nursing hours per patient each day. Staff deficiencies put patients at risk because they do not receive proper and timely care, medication or hygiene. More money damages against Skilled Healthcare are possible as the jury will meet next week to determine if the company should pay punitive damages. Skilled Healthcare says it will appeal. (6/8) LA Times

Health Alert: Whooping Cough is still with us, easily misdiagnosed

Thursday, June 3rd, 2010

Cases of whooping cough in children and adults are on the rise in the U.S. Whooping cough was widespread before vaccination efforts began in the 1940s. Until recently, reported cases of the infectious disease dramatically declined. Since 2004, whooping cough has become a serious health issue because it is easily misdiagnosed. Adults, who may not receive a correct diagnosis, put babies and young children at risk for contracting the disease.  Health departments are recommending that adults be immunized against whooping cough since immunity can fade after five years after inoculation.  (5/31) LA Times, LA Times

Jury Awards Millions Against Nursing Home and Hospital

Wednesday, March 24th, 2010

Two weeks after awarding $1 million in compensatory damages to the widow of a man who died from bedsores, a Philadelphia jury leveled  $5 million in punitive damages against the same nursing home and hospital because they failed to diagnose and properly treat a urinary tract infection, leaving the man vulnerable to developing bedsores. Workers at both the hospital and nursing home allowed the bedsores to fester and their patient to become malnourished. Two years later the man died from the bedsores. The case is unusual since it may be the first nursing home verdict that awarded punitive damages. In order for a jury to award such damages, the jurors must determine that a facility engaged in “outrageous and reckless conduct.” (3/18) Philadelphia Inquirer

Patient Care in Question at Long Term-Care Hospitals

Thursday, February 11th, 2010

Select Medical Corporation and other firms that operate long-term care hospitals are the subjects of lawsuits, and troubling state and federal inspection reports that reflect a sub-standard level of patient care at some of these facilities. Select runs 89 long-term care hospitals which have been cited four times more for serious Medicare violations than regular hospitals. Because of Medicare rules, there has been a rapid expansion of long-term care hospitals. However, Medicare does not scrutinize their care or penalize these facilities for violations as they do regular hospitals. Long-term care hospitals generally spend less on patient care and have higher profit margins than traditional hospitals. (2/9) NY Times

Rate of Medical Errors is Increasing

Tuesday, August 11th, 2009

In a series of articles entitled “Dead By Mistake,” Hearst Newspapers reveals the results of its investigation into the causes and effects of medical errors throughout the U.S. The lead article reports that each year 98,000 people die from preventable medical errors and claims the number of deaths is on the rise as hospitals are slow to implement lifesaving practices. The number of preventable errors may be even greater than previously thought since reporting is sparse and secretive. Hearst (8/8)

Myth: Limiting Medical Liability Will Reduce Health Care Costs

Thursday, July 16th, 2009

In a op-ed column, professor Tom Baker examines the issues of  rising health care costs and medical liability. He cites a study that found most victims injured by medical errors do not bring legal claims, and the amount of money damages awarded to patients strongly relates to the merits of their claims. Bakers says that eliminating medical liability may save money for health care providers, but would cost society by removing incentives to keep patients safer. (7/12) NY Times

Healthcare Reform Must Not Limit Legal Rights of Patients

Tuesday, June 23rd, 2009

In an op-ed, Les Weisbrod, president of the American Association for Justice, writes that the Obama administration’s healthcare reform must not limit the legal rights of patients injured because of medical errors. Obama’s plan seeks to lower healthcare costs while improving the quality of care and providing coverage for the uninsured. According to Weisbrod, changing the legal system will not solve these issues, but make it more difficult for those injured by medical negligence to pursue legal recourse. Patient safety should take precedence over focusing on the legal system. Each year approximately 98,000 people die as a result of medical mistakes. (6/22) USA Today