Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


Sometimes incredibly strange and terrible results emerge from a surgery, leaving victims of botched or wrong-site procedures with many questions.

One such victim was Carol Critchfield, a California woman who allegedly lived with a small surgical sponge lodged inside her small intestine for four years, causing her daily pain and even more surgery, reports Los Angeles' KCBS-TV. She's now suing a hospital for malpractice.

If you're concerned about being the victim of a botched surgery, here are some legal questions you should be aware of:

You've already scheduled a consultation with an experienced personal injury lawyer. So what should you do to prepare for your meeting?

While you should leave the legal research to your lawyer and his or her staff, there are several things you can and should, if at all possible, bring to the table to ensure your consultation goes smoothly.

Here are five things you'll want to bring to your personal injury consultation:

Waterparks are a great way to cool off during the summer, but they can also leave you with serious injuries.

Slip-and-fall injuries, heat-related illnesses, and even drownings can occur at waterparks. And while it hasn't caused any injuries yet, the world's tallest water slide -- a 168-foot-tall slide set to open at a park in Kansas City (here's video of a test run shared by io9) -- made some of us wonder about potential liability issues (though the net makes us feel a bit more safe).

So if you're hurt at a waterpark, who can potentially be held liable?

Johns Hopkins Hospital has agreed to settle with thousands of patients over claims that a gynecologist secretly recorded office visits for years.

The class-action suit has more than 9,000 plaintiffs and accuses Johns Hopkins of being responsible for the recording and inappropriate behaviors of former Hopkins gynecologist Nikita Levy. The Los Angeles Times reports that Levy is alleged to have used hidden cameras during pelvic exams, including a camera pen he carried.

Worried about your privacy? Here are three things patients should know about the Hopkins settlement:

New York City has agreed to pay $2.75 million to settle a lawsuit alleging that guards at Rikers Island jail beat a man to death.

The civil suit, brought by the family of 52-year-old Ronald Spear, follows a city medical examiner's ruling that Spear's death was a homicide. The district attorney's office declined to press criminal charges against the guards alleged to have administered the fatal beating, reports the New York Daily News.

Why did the city settle, and how do you sue for prison abuses?

Cigarette manufacturer RJ Reynolds has been slapped with a $23.6 billion jury verdict, with more than 99 percent of the vast sum made up by punitive damages.

Putting it mildly, juries' love affair with tobacco companies has cooled in the last few decades, but it's still surprising to see a jury want to punish RJ Reynolds Tobacco Company this much. Plaintiff's attorney Willie Gary told the Pensacola News Journal that jurors "wanted to make a difference" after hearing how RJ Reynolds and others "lied and failed to disclose information that could have saved lives."

We certainly aren't blowing smoke; here are five things to know about this huge verdict against RJ Reynolds:

When can you sue for "pain and suffering" damages?

Damages are an important part of a personal injury case; after all, if there's no "injury," then there's no certainly no personal injury case.

But along with damages for economic losses such as medical bills, damages to property, or lost wages, personal injury suits can also sometimes include damages for "pain and suffering," which place a monetary value on both past and future physical and mental pain suffered by a plaintiff. Here's a general overview as to how this works:

Today marks 59 years of operation for Disneyland, which opened its doors July 17, 1955. But over the ensuing six decades, the "Happiest Place on Earth" has been the setting for many personal injury lawsuits.

In fact, over a five-year period from 2007 to 2012, Disneyland was sued for personal injuries nearly 140 times, according to a review of court records.

Still, not all of those lawsuits were successful. Here are five lessons that can be learned from Disney's long list of personal injury lawsuits:

The parents of a boy who committed suicide after an embarrassing video was posted online are seeking $1 million from his school district, alleging the school was culpable for their bullied son's treatment.

Matthew Burdette, 14, of San Diego, killed himself in November after an online video of the teen in a school bathroom stall went viral; the classmate who posted the video claimed Matthew was masturbating. San Diego's KGTV reports that Burdette's school knew about the incident, but the boy's parents didn't learn about it until well after their son had passed.

Is the school potentially liable for Burdette's death?

In many injury cases, the losing party is often saddled with paying the winning party's attorney's fees. But this isn't always the case.

In fact, it's often up to the court's discretion as to whether to award the prevailing party attorney's fees as part of his or her damages.

Let's look at some notable cases in which the losing party does -- and does not -- have to pay attorney's fees: