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Joplin Personal Injury Law Blog

Is medical malpractice litigation a viable option for me? P.3

We’ve been speaking in our last couple posts on the issue of when medical malpractice may or may not be a viable option when a patient is harmed by a doctor in the course of treatment. As we’ve noted, there are a variety of factors that go into determining whether medical malpractice litigation is a wise course of action. We’ve also spoken a bit about some of the factors relating to limitations in the amount of damages a patient can reasonably expect to receive in pursuing litigation.

Another important consideration, of course, is the actual merits of the case. The ability to demonstrate by a preponderance of the evidence that a physician failed to abide by an accepted standard of care when dealing with the patient is not always easy. In many cases, standards of care are not clear and are the subject of contention among experts.

Is medical malpractice litigation a viable option for me? P.2

In our last post, we began speaking about some of the factors that play into medical malpractice litigation, particularly when such litigation may or may not be a viable option for an injured patient. As we noted, the viability of a medical malpractice case really depends on specific factors, such as the extent and seriousness of the injuries and the patient’s loss of earnings.

Along with these factors, any limitations on the patient’s ability to win damages must be considered. Here, we are talking primarily about damages caps. Some of our readers may know that Governor Nixon signed a bill into law earlier this year which caps certain damages in medical malpractice cases. 

Could cameras in the OR make surgery safer?

Many people in Missouri have heard stories of surgeries gone wrong. From objects being left inside patients to operations on the wrong body part, these surgical errors make it hard not to feel a little nervous about the thought of undergoing an operation.

Those who feel concerned about the possibility of surgical errors may be interested to hear about a new idea being proposed by a lawmaker in Wisconsin. Her idea is to have surgeries recorded -- or at least to allow patients to decide if they want their surgery recorded.

Is medical malpractice litigation a viable option for me? P.1

When a patient is injured by a negligent physician, the costs can be significant, not only in terms of health, but also in terms of money. Naturally, patients should expect that the medical provider will take responsibility for the mistake and assist the patient when negligence occurs. The unfortunate reality is that this doesn’t always happen, and medical malpractice litigation is sometimes necessary.

Pursuing medical malpractice litigation is not always an automatic decision, and it is important for those seeking relief from a negligent physician to have their case evaluated by an experienced attorney to determine the best course of action in their case. Whether or not litigation is a viable option depends on various factors. One of them is the type and extent of the injuries caused by the negligence. Obviously, more serious injuries are going to require more corrective medical care, which costs more money. 

6 vehicles, 8 injured involved in massive crash in Missouri

A terrible accident on Route 30 in Missouri involved six vehicles -- one of which was a commercial vehicle -- and left the westbound lanes closed for a while. The wreck left eight people with injuries. Two of the victims were taken to a hospital via airlift due to the severity of their injuries, and the other six were taken by ambulance to the hospital. Those six suffered "moderate" injuries. 

Little else is known about this crash at this time, other than the fact that it happened in the afternoon last Thursday. We don't know how the wreck occurred, and we don't know if any of the drivers involved were negligent in any way.

The dangerous phenomenon of sick doctors still going to work

Of all the people in the world that you would think would undoubtedly stay home from work when they are sick, you would have to say "doctors" or "medical professionals," right? These are people who constantly work with the sick, or those who are suffering from serious medical conditions. Medical professionals know how an illness affects them, and they know how it can easily be spread among people.

And yet, a new study found that doctors knowingly ignore the risks of coming into work when they are sick. The study was published in JAMA Pediatrics, and it surveyed 536 medical professionals about their behaviors in relation to work when they are sick. The results were very surprising.

Did Gov. Nixon hurt Missourians by signing SB 239?

Whether you're a follower of the news or a follower of our blog, chances are good you've heard about Senate Bill 239, which passed through the Senate and House with majority approval just months ago. As we explained in a March 11 post, the bill intended to put a cap on noneconomic damages received in medical malpractice lawsuits. As of a few months ago, the bill only needed the signature of Gov. Jay Nixon in order to become law.

For those who don't know, the pen fell on May 7 when Gov. Nixon signed what many in Missouri considered an injustice to victims of medical malpractice. That's because, as we pointed out in our post, the bill places a limit on the value of a person's life, which is not something many believe the government should be able to do.

After an accident, can a victim develop PTSD?

Life is unpredictable. It's a saying we're sure many of our readers have heard someone here in Joplin say before. But while this saying can be applied to happy occurrences, it can also be associated with bad ones as well.

Take for example a car accident. In most cases, collisions with other vehicles happen suddenly and typically without warning. As a result, victims are usually left shaken and in need of medical attention. In particularly serious collisions, a person may even be traumatized by the experience.

Trucker cited for crash one day, causes another on I-75 the next

On June 24, the driver of a semi-truck apparently sideswiped another truck as he was trying to pass. No one was hurt, but he was cited for careless driving. The next day, the same trucker was headed down a stretch of I-75 in Tennessee. Traffic had stopped due to construction, but the trucker didn't notice in time. His truck slammed into eight vehicles, causing six people to be injured and six more to die.

These allegations come to us via the Chattanooga Times Free Press, which seems to have done a thorough job trying to pin down what went wrong. Unfortunately, a spokesperson for the National Transportation Safety Board says it's just too early to tell.

Spread the word: Distracted driving is a life-taker

Despite what we now know about alcohol's effects on driving ability, it took a long time for drivers in the United States to really recognize the dangers of drunk driving. To illustrate, consider that the annual number of drunk driving deaths has been reduced by half since Mothers Against Drunk Driving was founded more than 35 years ago.

Drunk driving is still a serious problem in Missouri and throughout the country, but education, legislation and law enforcement have played major roles in stopping a very dangerous behavior. The same will need to happen with regard to another form of driver negligence: distracted driving.