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Recent Blog Posts
Is a Hospital Ever Liable for Malpractice?
When you think of malpractice, it's easy to think of a doctor or other medical professional making a mistake that harms a patient. However, hospitals can also be held liable for errors that occur within their walls. There are many ways in which a hospital can be at fault, from failing to properly screen staff to allowing dangerous conditions to persist.
In general, a hospital can only be held liable if it knew or should have known about the risk and failed to take action. For example, if a hospital failed to properly investigate a doctor with a history of complaints, it could be held liable if that doctor later harmed a patient.
If you have been harmed by medical negligence, it's important to speak to an experienced attorney to determine whether you have a case against the hospital.
How Can a Hospital Be Responsible for Medical Negligence?
There are a number of ways that a hospital can be held responsible for medical negligence. In some cases, the hospital may be found liable for the actions of its employees. For example, if a doctor commits malpractice, the hospital may be held accountable if it failed to properly train or supervise the physician.
Who Is Liable for a Medical Error?
Medical errors made by professionals can have serious consequences for patients, including prolonged pain, disability, and even death. When these errors occur, families are often left wondering who is responsible. In some cases, the answer is clear-cut. If a doctor makes a mistake that results in harm to a patient, the doctor can be held liable under the doctrine of medical negligence.
However, there are many other instances where liability is less clear. For example, if a medical professional fails to properly document a patient's condition, the nurse may not be held liable if the patient later suffers an adverse outcome. Similarly, if a hospital administrator cuts corners in order to save money, the hospital may not be held liable if a patient is harmed as a result.
Ultimately, determining who is liable for a medical error can be a complex process. However, it is important to hold those responsible accountable in order to prevent future harm.
Doctors Liable for Medical Malpractice
What Is Medical Malpractice?
Medical malpractice is the legal term used to describe negligence on the part of a medical professional that leads to injury or death. In order to successfully manage a medical malpractice case, plaintiffs must prove that the defendant deviated from the accepted standard of care, and that this deviation resulted in actual harm.
Plaintiffs must also show that they would not have been harmed if the defendant had not deviated from the standard of care. Medical malpractice cases can be extremely complex, and defendants will often deny any wrongdoing. As a result, it is important to seek out an experienced attorney if you believe you or a loved one has been a victim of medical malpractice.
Call our firm today at 703-591-0067 and discuss your legal options with our team.
The Different Types of Medical Malpractice
Medical malpractice is serious business. It can result in a person not receiving the treatment they need, or it could cause them to receive the wrong kind of treatment.
Right of Way Involving Unmarked Crosswalks
It is vital to recognize the various laws in Virginia that dictate where pedestrians can cross the street. Pedestrian laws are designed to keep you safe, but they also play a role in proving liability after a pedestrian accident. One of the more contentious laws is what happens at an unmarked crosswalk and who has the right of way.
A marked crosswalk typically means there are lines on the ground. However, if there are no lines but another indicator is present, such as a stop sign, it is still a legal crosswalk. Our Fairfax pedestrian accident attorneys explain your right of way as a pedestrian at an unmarked crosswalk and how to safeguard your rights following an accident.
When Pedestrians Have the Right of Way
In Virginia, pedestrians can cross the street at any location, but who has the duty to yield is determined by the presence of marked and unmarked crosswalks. Drivers must yield to pedestrians any time there is a marked or unmarked crosswalk. A crosswalk, especially an easily identifiable one, is the safest place for a pedestrian to cross the street.
The Injuries That Pedestrians Sustain From Collisions
By now, we know that pedestrian accidents are some of the most severe. They involve pedestrians who have no protection to prevent severe injuries. Whenever a crash occurs, it can cause the pedestrian to suffer some of the worst damage possible.
To present a meritorious legal claim, it is crucial to show that negligence led to an injury. Below, we will detail some of the more common injuries that pedestrians can sustain and how to pursue compensation with the help of an attorney.
TBIs
A crash can send the pedestrian to the ground. Depending on how they land, they can experience damage to their head. A mild traumatic brain injury (TBI) can include a concussion, but more severe damage can lead to seizures, motor function loss, coma, and more. A TBI may not be as common unless the pedestrian lands in a specific position, but they do occur.
Spine Injuries
The most severe spine injuries can result in paralysis. There are different types of paralysis, but each of them often involves significantly diminished use of at least one limb. Spine injuries can also include herniated discs and other issues that can cause long-term pain and require surgery.
Where Do Most Pedestrian Accidents Happen?
As a pedestrian, you should know how to stay safe. It is vital to recognize some of the more common locations where pedestrian accidents occur. You can increase your awareness and prevent a potential accident whenever you are in one of these areas.
Urban Areas
According to the National Highway Traffic Safety Administration, about 81% of fatal pedestrian accidents in 2018 occurred in urban areas. There is a strong presence of both vehicles and pedestrians in urban areas, increasing the chances of pedestrian accidents.
Intersections
A large number of those accidents occurring in urban areas involve intersections. People cross the street in droves, and it is easy for any bit of negligence to cause significant harm. Even with signs and the laws concerning the right of way, a large percentage of pedestrian accidents occur at intersections.
Parking Lots
Even with the slower speeds vehicles travel in parking lots, pedestrians are at risk of severe accidents. People back out of parking spots without looking or try to rush into parking spaces. Unfortunately, if the driver does not look for a pedestrian, they can cause a severe crash.
7 Common Causes of Pedestrian Accidents
Pedestrian accidents can cause the most catastrophic injuries because pedestrians have no way to protect themselves. They are often at the mercy of large vehicles traveling at higher rates of speed. Whether a driver or pedestrian is negligent, the result can be life-threatening.
Seeking compensation from a negligent party means proving causation. You must show that someone's negligent actions led to the crash that caused your injury. When it comes to pedestrian accidents, many of the causes are similar to other collisions on the road. Driver negligence plays a large role in causing pedestrians to sustain harm.
Some of the most common causes of pedestrian accidents include:
- Intoxicated drivers
- Distracted drivers
- Speeding
- Impatient drivers
- Unmarked crosswalks
- Distracted pedestrians
- Rolling stops
Call our firm today at 703-591-0067 and discover how we can safeguard your rights.
Motorcycle Safety Tips for the Summer
For motorcyclists, the ultimate goal should be to stay safe and free from the severe injuries that often accompany a motorcycle collision. With the summer months coming and more people choosing the freedom to ride their motorcycles, motorcyclists need to know how to stay safe. Below, our team will provide you with some tips to do just that.
Always Wear Proper Motorcycle Gear
While the right gear won't prevent an injury entirely, the clothing you wear, and a helmet, can minimize the impact of a crash. For instance, wearing pants and a jacket with padding can prevent you from sustaining road rash if a crash pushes you to the ground.
Be As Visible As Possible
As a motorcyclist, you want to ensure that other drivers can see you. You're on a smaller vehicle, and drivers may not always look to their blind spots to find you. Make sure you remain as visible as possible with the proper clothing and where you ride.
Give Distance to Others
Startling Motorcycle Accident Stats
Motorcyclists often love the freedom they get on their motorcycles. However, this same freedom leaves motorcyclists unprotected during the most severe situations. Motorcyclists suffer catastrophic and fatal injuries at a higher rate than others involved in passenger vehicle crashes. Here are some of the stats you should know about these collisions:
- Over 5,000 motorcyclists suffered fatal injuries in crashes in 2019.
- Motorcycle accidents have some of the worst injuries, sometimes causing more than one in each incident. Here's how percentages break down:
- Lower extremity injuries – 47%
- Upper extremity injuries – 40%
- Head injuries – 35%
- Chest injuries – 31%
- Spine injuries – 20%
- Abdominal injuries – 15%
- Face injuries – 10%
- Roughly 65% of motorcyclists use a helmet, which is one of the very few ways motorcyclists can protect themselves in a collision.
- Fatalities increased 11% from 2019 to 2020. This wasn't the only increase, as motorcycle accident deaths increased 20% over the decade before.
What Is Road Rash?
Road rash is often a superficial injury stemming from a bicycle or motorcycle accident, but it can become more serious. It is one of the most common injuries for motorcyclists when they slide on concrete or asphalt and don't have the proper equipment to protect themselves. Whenever it happens, the severity can vary, and you might deal with long-term problems.
Road rash is actually a friction burn. It occurs when there's significant friction between a person's skin and a hard surface. In this case, it is most common when a motorcyclist slides along the ground after a crash.
How Severe Is Road Rash?
The severity of the injury depends on how deep the burn goes. In minor crashes, road rash may only cause cosmetic damage, impacting the top layer of skin. These types of burns will not require medical treatment and will typically heal within a few weeks.
However, in more severe situations, road rash can reach the deeper layers of skin. There is an increased risk of infection and potential damage that can arise. You should seek medical care if the following occurs:
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10513 Judicial Drive, Suite 200, Fairfax, VA 22030
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.
Results listed are not a guarantee or indication of future case results.
