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Who Is Financially Responsible In A Bicycle Crash?
When a cyclist is involved in an accident of any kind, the question of liability is often discussed. It is important to know that liability in bicycle accidents works the same way as it does in car accidents. You get to hold the other person financially responsible if they caused the crash; however, if it was your fault, you pay. If for some reason both you and the other party share fault in the collision, you may not be able to recover for your injuries. This is why proving liability is important in order to hold the other party responsible for your damages.
Here is a list of liability issues in the following types of bicycle accidents:
- Liability in a bicycle and car accident. Bicycles and cars are supposed to share the road and obey the traffic laws. So when one party doesn't exercise care on the road and fails to follow the rules of the road, that party may be liable for the collision. For instance, if a driver ran a stop sign or a red light, his negligent behavior would be the cause of the accident. However, if a cyclist ran a stop sign or rode the wrong way down the road, the biker may be guilty of negligence.
Common Causes For An Increase In Fatal Medical Errors
It's a scary fact, but fatal medical errors are on the rise. According to a John Hopkins study, it is estimated that 250,000 people in this nation die every year due to medical mistakes. Alarmingly, medical errors are now one of the leading causes of death in America. Based on this new statistic, researchers are claiming that fatal medical errors should be listed as the third most common cause of death on the Centers for Disease Control and Prevention's annual list, right after heart disease and cancer.
Researchers say that not all of these medical errors are the result of bad doctors. Instead, they caution that most errors are caused from various problems including surgical errors, medication mix-ups, and even breakdowns in communication. Here are some of the most common causes of fatal medical errors:
- Diagnostic errors. Failing to order the appropriate diagnostic test is one of the most common reasons diagnosing errors occur. This type of error sometimes happens because doctors aren't thorough in their evaluations and perform inadequate physical examinations, and other times they just use poor judgment. Another cause of diagnostic errors is failing to accurately interpret a diagnostic test or laboratory test. This type of error occurs when doctors read the report wrong or mix up patients' results. Sometimes it's not the doctor who causes an error with diagnostic tests. It could be the lab technician or another medical worker who interpreted the information incorrectly.
My Baby Suffered A Brachial Plexus Injury At Birth. What Type Of Treatment Does She Need And Will There Be Complications?
Your baby girl turned two weeks old yesterday. You and your husband are thrilled to have her home, but you've been noticing some odd behavior that has you both worried. The day you left the hospital, your doctor informed you that she may have pulled a neck muscle during delivery but that you shouldn't worry because it will heal quickly. After two weeks of incessant crying every time you touch her neck and her inability to move her arm, you are doubting your doctor's assessment.
Therefore, you decide to get a second opinion and take her to a friend's pediatrician. After an extensive examination, the doctor gives you a diagnosis: a brachial plexus injury which most likely occurred during delivery. She explains that these types of injuries, on a minor scale, are common when a doctor places too much force on a baby's head and twists her neck to help maneuver her shoulders out of the birth canal. The tendons in the neck can stretch too much and sometimes tear, causing the brachial plexus injury. Although minor injuries usually heal by themselves, she tells you that your baby's injuries are quite extensive and will need proper care to heal properly and avoid complications.
Mistakes That Lead To Operating On The Wrong Side Of The Brain
However frightening it may be, brain surgery may be necessary when a person is diagnosed with a cancerous brain tumor or even a benign mass that is growing too large. Surgery may also be necessary to prevent a stroke, reduce seizures, or to treat a traumatic brain injury. Patients facing brain surgery assume that the doctor performing the surgery is qualified and has the medical training necessary to perform a specialized neurological surgery, but these surgeons can make mistakes. Whether it is a slip of the scalpel causing permanent damage or miscommunication that leads to a wrong-site surgery, these mistakes can be devastating to the patient.
When Brain Surgery Goes Wrong
What could possibly lead to a surgeon operating on the wrong side of a patient's brain? It often starts with poor communication or mishandling of patient information. Mistakes that can happen include the following:
- Mix-up of preoperative tests. In rare circumstances, one patient's test results can be mixed up with another's. When this happens, a neurosurgeon may be using the wrong CT scan, MRI result, ultrasound, or X-ray to map out the surgery. Consequently, the doctor may drill into the wrong side of the skull and have to make another incision or hole in the skull. Another possible scenario is that the neurosurgeon makes a mistake when reading the test results. For instance, the imaging tests may show that the patient is bleeding on the left side of the brain, but the neurosurgeon reads the scan incorrectly and operates on the right side of the brain. Not only will the patient need an additional surgery, but the doctor has risked the patient's life unnecessarily.
Medical Negligence: The Main Factor Behind Blood Transfusion Errors
Most people who undergo blood transfusions have suffered serious injuries in car accidents or they have undergone emergency surgeries or even elective surgeries where they lost a good amount of blood. Other people need blood transfusions because they are very ill and their bodies cannot make blood properly. In fact, about one in seven people who seek medical care in hospitals need blood, and 4.5 million people in this nation need blood transfusions annually, according to GivingBlood.org.
Understanding Blood Transfusions
When a blood transfusion is performed, a patient receives healthy blood via an intravenous (IV) line into a blood vessel. A blood transfusion is, in fact, a common medical procedure that is designed to help people replace the blood they lost. Depending on how much blood is lost and what amount is needed, the procedure can take anywhere from one to four hours.
How Can I Protect My Spouse And Kids After I've Been Injured In A Car Accident?
Your immediate family is going to be affected by your car accident injuries. Their routines may be disrupted and they may be worried about you. They may also worry about whether they will be able to stay in the family home and afford the lifestyle they had prior to your accident.
You Can Help Them With All of These Worries and Disruptions
The best way you can protect your family from worry and disruption is to protect your legal rights and your possible financial recovery. If you pursue a car accident case and a fair settlement for the injuries that were caused by someone else's negligence then you may be able to recover for your past, current, and future:
- Medical costs. Medical costs are not limited to just your hospital stay or doctors' appointments, but may also include things like medications and rehabilitation therapies. If you have to pay for them out of pocket then these expenses can be a significant burden on your family.
Is My Injury Considered Catastrophic Enough To Qualify For An Injury Claim?
Two weeks ago an SUV ran a red light and barreled straight into your Camry. Luckily the driver of the SUV wasn't going extremely fast, but the force was enough to give you severe whiplash. At least that was what you thought at the time. After a few days of neck pain, you decided to go to the doctor and learned that you may have suffered a severe spinal cord injury.
After conducting multiple tests and dozens of diagnostics, your doctor discovered a small tear in your lesser occipital nerve (at the base of the skull). He assured you that, although painful, the tear was small enough that it should heal on its own without causing any permanent damage.
In light of this news and the medical costs you have incurred, you decide you want to pursue a legal claim for the injury. The problem is you're not sure if it is severe enough because the effects will not be permanent. Does the severity matter? What makes an injury eligible for catastrophic injury compensation?
Determining If Your Injury Is Catastrophic
When Medical Negligence Leads To Fetal Distress And Unnecessary Birth Injuries
When an expectant mother arrives at the hospital to give birth, she is connected to electronic devices that help nurses and doctors monitor the baby's vital signs and the mother's contractions. The information that is produced from the fetal heart rate monitor and the other devices is what helps the medical birthing team determine if the baby is in fetal distress so they can make the right call during the labor and delivery process.
What Is Fetal Distress?
When a fetus doesn't get enough oxygen during pregnancy or labor, the baby may be in fetal distress. This means that the baby will have an abnormal heart rate that the medical staff should be able to see on the electronic heart rate monitoring device. If a baby is in fetal distress, it means that the baby may be at risk for oxygen deprivation and birth injuries.
Some causes of fetal distress can include umbilical cord prolapse, placental abruption, an abnormal fetus position, shoulder dystocia, uterine rupture, and meconium in the amniotic fluid. Although there are many causes of fetal distress, the main concern is that fetal distress often leads to oxygen deprivation for the fetus.
Motorcycle Accidents: Dos And Don’ts
Motorcycles are a popular form of transportation year-round in the mild temperatures of Virginia and Washington D.C.. While some riders commute to work on their motorcycles and others just ride for fun, riding a motorcycle at any time for any reason can be dangerous. This is why it is important that motorcycle riders know what to do and what not to do in a crash.
Things to Do at the Crash Scene
If are involved in a motorcycle accident, take the following steps as soon as possible:
- Stay at the accident scene but move to safety, if possible. Depending on your injuries and the circumstances of the accident, it may be possible to move away from the roadway and sit in a safer place. If it's not possible to move to a safer spot, then it is critical to your safety that you use hazard lights or flares to warn others drivers of the crash.
- Call 911. Report the accident and ask the police to come out to the crash scene. Having the police at the scene of the crash will help with your injury claim, as it will provide a paper trail (i.e. accident report) and may even help you with locating witnesses since police officers should talk to everyone at the crash scene. When speaking with the police, ask for an ambulance if you or the other driver is injured. Many motorcycle riders involved in crashes will often need medical attention immediately after a crash due to the serious nature of the injuries involved.
I’m Having Surgery Next Week And I’m Worried About Feeling Sick Afterward. Is There Anything I Can Do To Avoid Nausea From Anesthesia After Surgery?
Going under anesthesia is frightening for a lot of reasons. You may be worried about feeling out of control of your body or being sick when you wake up. The possible side effects you are given don't help with that fear either: grogginess, confusion, dry mouth, shivering, sore throat and pain at the surgery site.
But the one side effect that worries you more than the others-dizziness, nausea and vomiting as you come out from being under anesthesia-may be preventable.
How to Stop the Nausea After Surgery
One of the most common fears about being "put under" is the dizziness you feel as you wake up. This can quickly make you feel nauseous. In fact, nausea is the second most common post-surgical complaint.
Here's what you can do to put a stop to the spins when they strike:
- Hydrate as soon as you can. You probably had to stay away from food or water before your surgery, but afterwards it's a different story. Your body will be dehydrated, which can make you feel very sick. Hydrate as soon as you're allowed to have water to help calm your stomach.
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703-591-0067
From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
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