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Sponge Left in Patient: Common Medical Malpractice
Submitted by Web Master on Wed, 10/06/2010 - 09:19Some time ago an article by Susan Spencer-Wendel appeared in the Palm Beach Post that chronicled the experience of a County Judge, Nelson Bailey, regarding his own experience with medical malpractice. According to the article, leaving a sponge inside a patient, or the “surgeon’s dread”, is the most common mistake made by surgeons while operating on patients.
Surgery for Judge Turns into Nightmare
Driving While Distracted
Submitted by Web Master on Mon, 10/04/2010 - 05:57This accident occurred north of Deer Lodge, Montana on I-90. The driver was a 22 year old guy heading east. He had left central Washington early in the morning. He fell asleep at the wheel and drifted off the shoulder hitting the end of the section of guard rail.
The guard rail came through the right headlight, engine compartment, firewall, glove box, passenger seat, rear seat and exited out the driver’s side rear window. That is 120 LF of guard rail that threaded through the suburban.
continue reading...
Football Injury Leads to Lawsuit
Submitted by Web Master on Wed, 09/22/2010 - 07:00Summer is nearly over and we are well into another fantastic season of football. As is to be expected in this hard hitting contact sport, injuries cannot help but occur. The injuries rarely lead to litigation. However, in the case of a wide-receiver from Houston University, the injury sustained was allegedly caused by the negligence of the opposing team.
An Unusual Claim of Premises Liability
Potholes Not Only Annoying But Also Dangerous
Submitted by Web Master on Wed, 09/08/2010 - 06:49If you have ever experienced running over a pothole, you know how irritating and annoying, not to mention dangerous they can be. continue reading...
Dram Shop Acts Provide Injured Parties with Remedies Against Those Who Sell or Provide Alcohol to Others
Submitted by Web Master on Tue, 08/31/2010 - 07:50I recently came across an article by Clifford Ward published in The Chicago Tribune on August 12, 2010. The article described a case against a West Chicago strip club, Diamond’s Gentlemen’s Club, brought by the surviving spouse of a woman killed in an auto accident by a drunk driver. Just minutes before the accident, employees of the club had placed the defendant in his vehicle along with a passenger. The woman who was killed was also pregnant. The drunk driver’s passenger also died in the accident.
Supreme Court of Illinois Finds Club Liable continue reading...
Distracted Driving
Submitted by Web Master on Fri, 08/27/2010 - 07:50Anything that takes the driver's attention off the road is a distraction. Some common distractions include eating, reading, drinking, changing a CD, talking on a cell phone, applying make-up, reaching for something in the vehicle, or looking at something away from the roadway.
For young drivers, some common distractions include driving and/or riding with friends or yelling out the window.
Did You Know: Distracted driving is a factor in 1 out of 4 crashes nationally. continue reading...
Attractive Nuisance: When Children are Injured on Private Property
Submitted by Web Master on Tue, 08/10/2010 - 08:18Not long ago while doing some legal research on another matter, I came across a 1988 Idaho Supreme Court case, Hughes v. Union Pacific Railroad, that involved a minor injured while crossing a railroad yard. The case was interesting for a number of reasons, but primarily it sets out the requirements that must be met in order to determine liability when a child is injured due to an “attractive nuisance.”
Four Elements Required to Prove Case of Attractive Nuisance
Recreational Use Statutues: Part Two
Submitted by Web Master on Thu, 08/05/2010 - 05:21Last week I touch upon statutes designed to limit liability of property owners whose property is used for recreational purposes. Today I will survey briefly some of those Idaho statutes.
36-1604. LIMITATION OF LIABILITY OF LANDOWNER
Summertime is Accident Time
Submitted by Web Master on Tue, 08/03/2010 - 06:38State Statutes Limit Liability For Personal Injuries
I recently read a news article which told the story of a 26 year old man in Chicago who had attended a private party at a public swimming pool. The party was during a time when the pool was closed, but a pool employee allowed the party to take place. About thirty or so guests attended. The party ended and everyone left except for the 26 year old man, who, after becoming intoxicated, entered the swimming pool and drowned. It also turned out that he did not know how to swim. continue reading...