Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


Depending on how a child is injured, a parent may want to explore the legal remedies their child has for their injury. While children are generally resilient and can bounce back from most injuries, there may be times when that is not the case. Regardless, a child, like an adult, has the right to live life free of being injured due to the negligence of others, and when they are injured as a result of negligence, they possess a legal claim for damages.

If your child was injured at school, daycare, or kindergarten, your child may have a legal claim depending on how the injury occurred.

According to a scathing Reuters investigation, tens of thousands of infection-related deaths are going unrecorded or uncounted, sometimes due to poor state and federal tracking programs and other times in an effort to mask the true cause of death. One mother was told her newborn died because of sepsis due to prematurity, when in fact her son was the fourth infant in the hospital's neonatal ward to contract methicillin-resistant Staphylococcus aureus, otherwise known as MRSA.

And one New Jersey nurse claims she was fired in retaliation for revealing hospital deficiencies in dealing with a staph infection outbreak its own infant intensive care unit. As superbug outbreaks become more and more common, what are hospitals' medical obligations to prevent and respond to such outbreaks, and what rights do hospital employees have?

In life, like in business, sometimes the most rewarding things, involve the most risk. Unfortunately for thrill seekers, there are some pretty serious consequences. In 2015, a 39-year-old Minnesota man was at an AirMaxx trampoline park with his son and wound up paralyzed from the neck down due to jump and fall. The facility had a foam pit that the man jumped into; but he landed on his neck, severing his spinal cord.

Despite having signed a waiver of liability prior to starting to jump around, the man’s attorneys alleged gross negligence, which generally cannot be waived. The trampoline park and plaintiff recently settled the man’s injury case for $3 million during mediation.

A former Team USA doctors for the Olympic gymnastics team, along with the USA Gymnastics organization, and Michigan State University, are currently facing a civil lawsuit as a result of decades of alleged sexual abuse by the one doctor against minor athletes. Nearly 20 former and current athletes have alleged that Dr. Lawrence Nassar sexually abused them while he was conducting medical examinations on them.

The allegations stem back to the 1990s, and include claims that the doctor would grope and molest athletes during medical examinations, and would even digitally penetrate them as part of bogus procedures. In addition to the civil lawsuit, Nassar is facing federal criminal charges for possession of child pornography. The child pornography charges allege that Nassar possessed child pornography from 2003 to 2016. If convicted on those charges alone, Nassar could be facing anywhere from 5 to 40 years in prison.

Auto accidents are scary enough on their own, but when you are pregnant and get in a car crash, the level of fright is rather escalated. It is estimated that nearly 300 to 1,000 pregnancies are lost each year as a result of car crashes. While expectant parents are rarely thinking in terms of liability when disaster strikes, if the expectant parent was injured as a result of someone else’s negligence, both the parent and unborn child may have strong legal claims.

Unfortunately, according to a 2014 study, pregnant women are more likely to be involved in a car accident because being pregnant can result in being more easily distracted while behind the wheel for various reasons.

Depending on the state, a person can be held liable for the injury to an unborn child, or for the wrongful death of an unborn child. Regardless, if an unborn child is injured, or dies, the parent’s own injury claim can assert their own damages as a result of the lost pregnancy.

As the old saying goes, when fighting monsters, a person has to be careful not to become a monster themselves. However, when a person works for a company that forces them to watch videos that are nothing less than monstrous, the company might be responsible for protecting employees’ mental well-beings. A recent lawsuit by two Microsoft employees against their employer is premised on that neglected responsibility.

The two employees are suing because they were pushed too far into the belly of the beast and emerged on the other side with PTSD. The beast in this instance is the internet, and as part of their online safety jobs at Microsoft, these employees were required to monitor online content and review the content that needed to be removed.

The men assert that the content they were forced to view included the most base and vile content imaginable, ranging from child pornography to murder. As a result of viewing this content, both men allege that they have suffered psychologically, and that both now have PTSD as a result of viewing disturbing content.

In some limited situations, an individual can be sued for yelling at or for insulting another person. While the threshold for when an insult or scream crosses the line is rather hazy, there are some clearly defined lines that are helpful.

For instance, if the yelling is threatening violence, or is done in a way where the listener fears for their physical safety, there are likely possible legal consequences. Not only is the act of making a threat of violence illegal in every state criminally (so long as the threat is credible), but it can also lead to civil torts, such as assault, or intentional inflection of emotional distress.

A transgender New Jersey man has filed a sex and gender discrimination lawsuit against St. Joseph's Regional Medical Center after it refused to perform his hysterectomy because it is a Catholic hospital. Jionni Conforti alleges that a hospital nurse originally scheduled the surgery, but was overturned by the hospital's director of mission services, Father Martin Rooney.

Conforti's lawsuit is the latest flashpoint in the battle between equal rights for transgender people and medical practitioners who claim they are unable to perform certain procedures based on religious doctrine.

The controversy over the Bair Hugger surgical warming blankets has escalated beyond expectations. When the federal court initially accepted the case as a multi-district litigation case, there were just over a dozen cases. Now, just one year later, there are nearly 900 cases claiming the Bair Hugger caused surgical site infections. Currently, the parties and the court are working on figuring out which cases will be tried as representative (Bellweather) cases.

Basically, the way the device works has been called into question, despite it being widely accepted throughout the medical industry. The surgical warming blanket system works by essentially forcing warm air into sterile disposable blankets that are placed on a patient's body.

The lawsuits claim that the part of the device that forces the air into the blankets can be easily contaminated, because it sits on the floor, thereby increasing the risk of infection by circulating contamination from the floor into the warming blankets that rest directly on a patient's skin.

We go to the emergency room because we need immediate, competent medical attention. Sadly, not all emergency room staff perform to that standard. Understaffed, mismanaged, or mistake-prone emergency rooms can cause more harm than good, and, like all doctors and medical professionals, they can be liable for medical malpractice.

How do you know if you have a case? Here's a look: