Injured - The FindLaw Accident, Injury and Tort Law Blog


Last week, a federal court judge in Pennsylvania awarded a massive $42 million verdict to the parents of a child severely injured during birth in 2012. The multi-million dollar verdict is meant to provide for the child who suffers permanent injuries that will require a lifetime of specialized medical care. Additionally, the award, which is being described as the largest ever medical malpractice verdict out of that judicial district, will be paid out by the federal government as the injury occurred at a federally funded facility.

The bulk of the award, $33 million, is to be set aside for future medical care, which could involve full-time institutionalization as an adult. The rest of the award is meant to compensate for pain and suffering, lost earning capacity, as well as past medical expenses.

We trust nursing homes to take care of our loved ones. Unfortunately, that doesn't always happen. Even worse, we may not know until too late that a nursing home isn't caring for someone we love as they should.

So how can you spot nursing home neglect? And what can you do if you do spot it?

When a juvenile detention center fails to protect the civil rights of the youth offenders allegedly being rehabilitated, they may be subjected to lawsuits brought by, or on behalf of, the offenders, their families, and/or court appointed guardians.

Although minors may not enjoy many of the same rights and privileges under the law, minors in custody still have basic civil rights, including equal protection, the freedom from cruel and unusual punishment, and the right to adequate/necessary medical care while in custody.

As such, when a juvenile detention center is found to be disregarding the rights of youth offenders, civil rights groups like the ACLU are compelled to sue to stop the violations. However, individual minors may also be able to file suit if they have been injured, subjected to violations of their individual civil rights, or abused, at detention centers.

In some ways, quality nursing care can be just as important to your health as the medical treatment you receive from a doctor. By the same token, however, injuries sustained from substandard nursing care can be just as serious as those from physician mistakes.

Here are some of the most common medical errors committed by nurses and their legal liability if it happens to you.

The accidental death of a three-year-old child at a Head Start program in Dearborn Heights, Michigan, has prompted a $10 million lawsuit. The lawsuit alleges that the death could have been prevented with the exercise of reasonable, ordinary care.

The young child was playing in a gymnasium, near a wall where decades-old retractable lunch tables affixed to the wall were folded up. Without warning, the incredibly heavy tables came loose, opened up, and in the process, crushed the three-year-old child. As the lawsuit explains, the tables were not properly secured, had fallen into disrepair, and had not been used in the past several years. It is alleged that the tables crashed open due to failure to properly inspect the tables.

A doctor licensed by the state of New York is being sued by his former girlfriend due to allegedly drugging her with Plan B without her consent, or even her knowledge. Plan B is an over-the-counter birth control drug that allows a woman to take the pill after having unprotected sexual intercourse.

The civil lawsuit is seeking $5 million in damages as a result of the shockingly horrific conduct alleged. The complaint explains that the girlfriend found the box for the drug and asked her then-boyfriend about it, expecting to find out about an affair. However, as alleged in the complaint, he came clean and explained that he slipped the drug in her drink because he knew she would never agree to take it.

Vaping, or using e-cigarettes, seems to be continually increasing in popularity as the technology continues to improve. However, the number of e-cigarette explosion injury claims are also on the rise. In 2015, national headlines were made when a jury returned a $1.9 million verdict for a woman injured by an exploding e-cigarette.

Generally, the cases involve an individual who is injured as a result of an e-cigarette’s battery exploding during charging or use. When the batteries explode, not only do sparks fly, but toxic battery acid can be projected out causing even worse burns. Frequently, individuals holding an e-cigarette, or having it in their pocket, will suffer second or third degree burns as a result of the exploding batteries. Recently, a lawsuit was filed over an exploding e-cigarette device where the explosion was caught on a store’s surveillance camera.

While silicone breast implants have been around since the 1960s, for a rather long stretch in the US, they were prohibited. However, after decades of debate and research, the government declared silicone implants to be safe for medical research use in 1992, and finally in 2003, for individual use.

Despite silicone implants being considered safe to use, there are still associated risks involved for individuals who choose to get them. Apart from the risks involved with the surgical implantation itself, complications can arise many years later. In fact, the FDA and medical experts recommend that individuals with silicone implants have them checked via mammogram or MRI every other year to detect leaks, ruptures, or other potential issues. Additionally, individuals with silicone implants should expect having to replace them every ten years.

Personal injury law covers a wide range of situations, from simple slip-and-falls to complex product liability claims. With that many kinds of injuries and the millions of plaintiffs and defendants, personal injury law is bound to evolve over time.

As the law changes, it can affect the liability of parties, the number of lawsuits, and the average amount plaintiffs can recover for certain injuries. Here's a look at five recent trends in personal injury law, and how they might affect your claim.

Dr. David Dao was one of four passengers on a United Airlines flight that was recently forced to give up his seat for UA employees. The airline claims that the flight was overbooked and it needed four passengers to give up seats for employees that needed to be at the plane's destination for work.

After Dr. Dao boarded, while in his seat, he was asked to exit the plane. When he refused, stating that he had patients to see the next day, police were called, and he was forcibly removed from his seat, and literally dragged down the plane's aisle and off the plane. The incident was captured by cell phone video by a few passengers, who posted the videos to social media.