Injured - The FindLaw Accident, Injury and Tort Law Blog

August 2015 Archives

Many mothers have extolled the virtues of midwives before, during, and after giving birth. And in the past few years, the number of expecting mothers using midwives has hit record highs.

The vast majority of births using midwives are healthy, for both mother and child. But if something does go wrong, can midwives be liable for malpractice?

According to a recent study, the use of surgical robots has been linked to 144 patient deaths and 1,000 injuries. Many of these injuries and deaths have already spawned a series of robot surgery lawsuits.

So how do these lawsuits work, where are they now, and where might they be headed?

Trending Personal Injury Questions From FindLaw Answers

You’ve got questions … we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

The battle over religious freedom has gone from arts and crafts stores to marijuana churches, and is now spilling over into religious hospitals: a Redding, California woman was denied a medical procedure based on a hospital's religious affiliation.

Is this even legal? If hospitals can deny certain medical procedures, can they refuse to care for certain patients as well?

Internet connected cars were just the next logical step in tech, giving us access to all of our friends, music, and communications from behind the wheel. But that was before the Great Car Hacking Scare of 2015. Ever since a couple hackers showed how easy it was to mess around with the controls and disable a Jeep Cherokee, owners of the latest and greatest in automotive technology have been worried about their own rides getting hijacked by a far-off laptop.

But is your car really in danger of being hacked, and if it is, who would be liable if you got into a car accident?

All parents want to protect their children and keep them safe. And with the first day of school fast approaching, many parents are wondering how safe their children’s schools are.

While the vast majority of kids will attend public school injury-free, the school environment carries some risk of injury. Here are the biggest concerns:

Around 15 million people get some form of plastic surgery every year. And while everyone’s reason for cosmetic surgery may differ, many of the health risks involved in these procedures will be the same.

Most cosmetic surgeries will go off without a hitch, but here are some of the most common issues you should be aware of:

Maybe your search for a new car hit a bump in the road (or another car). Or maybe a prospective buyer’s “trip around the block” in your car didn’t quite go as planned. Either way, you may be wondering who is responsible for car accidents that happen during a test drive.

For the most part, these car accidents will be handled like any other — with insurance. But there may be a few quirks you should be familiar with.

Psychiatrists, like other health care professionals, can sometimes make mistakes in diagnosis and treatment. In extreme cases, you may find that your trip the psychiatrist caused you more harm than good.

But can psychiatrists be sued like other doctors for medical malpractice? And how do psychiatric malpractice cases differ from other medical malpractice cases?

We get massages to relax, heal an injury, or as long-term therapy. In essence, we go to a massage therapist to feel better. But that's not always the case.

As with any medical or therapeutic treatment, a massage doesn't always go as planned, and sometimes a massage can result in injury. If that happens, can you sue?

Sadly, just because we’re in a hospital doesn’t always mean we’re getting the best treatment. Understaffing, neglect, or negligence can produce poor treatment, even leading to easily preventable maladies like bedsores or pressure ulcers.

Simple measures like frequently turning an immobile patent, proper cleaning, and hygiene can prevent bedsores, so if those steps are not taken, is the hospital’s fault? Can you sue if you or a loved one develop bedsores in a hospital?

When we think of wheelchairs, we may think about the added mobility and freedom they can provide to injured and disabled people. We don’t tend to consider the estimated 300,000 serious wheelchair-related accidents each year.

When these tragic accidents occur, it can be hard to figure out who is responsible.

A central tenet of yoga practice is mindfulness. And for conscientious yoga instructors, there’s a way to bring legal peace of mind to your practice.

While yoga injury lawsuits are rare, they do occur. Having liability insurance for your yoga practice could help keep you and your business safe.

For school kids, it’s as ubiquitous as pencils, paper, and notebooks. (Wait, do kids even use pencils, paper, and notebooks anymore?) The school liability waiver.

For field trips, sports, and other extracurricular activities, schools say not signing the waiver means your child can’t participate. But do you really have to sign? And what does signing the waiver mean?

Whether you work for a startup that ran out of venture capital or a bank that didn’t get a bailout, your employer may be going out of business. But what happens if you have an open workers’ compensation insurance claim or you’re getting workers’ comp when they shut the doors for good?

We know employers must carry worker’s comp insurance, but if they’re no longer in business, what happens to my benefits?

Finding the right daycare for our kids can be a nerve-wracking (and possibly expensive) experience. Above all else, we want our children to be safe.

But after hearing horror stories of daycare fires and even daycare fight clubs, how can you know whether a daycare is safe? Here are a few safety concerns to keep in mind:

In a tragic story, an Albuquerque teen was shot at a party and his friend called 911. The girl who called became exasperated by the dispatcher’s repetitive questions. The dispatcher responded to the girl’s exasperation by saying, “Ok, you know what, ma’am? You can deal with [this] yourself. I’m not going to deal with this, ok.” The dispatcher then hung up on her, and her friend was pronounced dead at a hospital.

This leads to the question: Can 911 operators be held liable for either not responding to complaints or providing inadequate help?

Navigating the health care system can be a struggle for anyone. Simply getting access to health care may be impossible for some undocumented immigrants. Can undocumented immigrants get Obamacare coverage? Can they be covered by an employer or under a family member’s plan?

The answers to these questions may depend on where you live, so let’s take a look at some aspects of health care access for undocumented immigrants.