Food Poisoning In Small Restaurants Is Big Issue

July 30, 2010

I had not idea about the statistics involved in food poisoning. So many personal injuries just by eating out and many wrongful death cases as well.

Food poisoning outbreaks sourced from small restaurants, caterers, and home-prepared foods have been underreported for many years. However, the Centers for Disease Control and Prevention CDC recently released a study that documented 7,921 outbreaks involving food prepared in a restaurant/deli 101,907 illnesses, 3,309 hospitalizations, and 4 deaths as well as 833 outbreaks involving food prepared by a caterer 29,738 illnesses, 345 hospitalizations, and 4 deaths. Food prepared in a private home was responsible for 1,546 reported outbreaks 22,600 illnesses, 1395 hospitalizations, 21 deaths.

via Foodpoisoning lawsuit filed in Will County, Illinois

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Question & Answer – I Got Pregnant, Can I Sue?

July 29, 2010

QUESTION:

I signed a consent form to have a tubal ligation before I went in for a c-section. I am now pregnant. The Doctor did not do it right. Can I sue?

ANSWER:

The fact that you are pregnant, in and of itself does not mean the doctor was careless or didn’t do the procedure properly. Because medicine is an art, not a science, things can go wrong without the doctor having done anything wrong.

The first thing that needs to be done is that you get all your medical records, reports, charts and the surgery report to an attorney to have it reviewed by an expert. If the expert says that the doctor failed to follow the proper standard of care then you can show the doctor was negligent.

But, you still need to show that you were injured as the result of the doctor’s failure to follow the standard of care. In many jurisdictions, having a child is not viewed as an injury and so without an injury, you will not have a cause of action upon which a case can be pursued.

Just to be on the safe side, I suggest you personally speak with an attorney in your area and see what are all your options. Generally the first consultation is free and without any obligation.

Via:

Crude Awakening – About the BP Oil Spill

July 29, 2010

I was looking around on relevant videos on YouTube and came across this video made of Jane Fulton Alt-a great artist who has made art regarding the BP Oil Spill in the Mexican Gulf and the catastrophic environmental damage it has caused.

Very sad…

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Tort Reform Is Not Needed

July 28, 2010

It is very sad and disconcerting to see that intelligent persons fall pray to the propaganda and the misinformation campaign put out for public consumption by the Insurance Industry and the Business Lobby who would benefit from a reduction in core Constitutional Rights.

Consider Dr. Parks’ blog entry below in which he takes exception to the supposed argument made by a plaintiff attorney in a case in which the jury found the doctor to have been at fault. There is no doubt that there are times when something a doctor does goes wrong or ends up not having the intended result. Because medicine is an art and not a science, the law gives doctors and medical providers a threshold in which they may operate without fearing repercussions even if something goes wrong, That is called the “standard of care” which is a subjective standard. Under this standard, what a doctor does is reviewed and compared to that which is done by other doctors in a similar situation. If the doctor falls short of the standard of care then it may be said that he has been negligent–if not, then no negligence can be claimed. The “standard of care” is a community standard where the idea is that if most doctors say something should be done under certain circumstances, then failure to do that certain something is proof of negligence.

So in the example provided by Dr. Parks, what he fails to realize is that a verdict is the sum of all presentations made to a panel of 12 jurors—regular persons just like you and I—with a plethora of different opinions and all. During the trial of a case, the jury will hear from the Plaintiff, will also hear from the defense attorney.
They will also hear expert testimony on behalf of both the Plaintiff and the Defendant. They get to evaluate the facts and must come to a unanimous decision.

It would be irresponsible to render an opinion without having first considered all the facts—that is the facts that the jury actually saw and not some third hand anecdotal version. It is a disservice to the public not to provide the readers with an accurate account of the event—and if the jury came to a wrong result (which happens from time to time) it does not mean that the answer is to limit the right to take a case in front of them—rather it only means that we need to be more careful. It also means that the defendant should take the matter to appeal — if the judge or the jury have made gross errors in judgment.

Tort reform seeks to limit Constitutional Rights of an individual American and it gives negligent doctors immunity for the damages caused by their negligence—NOT damages done by things that can simply go wrong. As a consumer, isn’t that the best answer we can hope for from our Legislature?

“I was incredulous to read about the case of the EMT service sued for negligence for transporting a pregnant woman to a tertiary care center in Florida. The woman went into labor in the ambulance and the heroic paramedics had to deliver a breeched 25 week- old baby and then resuscitate him en route to the hospital. The boy lived but ended up with cerebral palsy secondary to prolonged hypoxia during the delivery. The doctors and hospitals had both settled the case for $1.4 million. The EMT company didn’t feel it needed to settle, thinking there was no way they could lose at trial. They lost. And the verdict was for 10 million buckaroos…

Read on: No tort reform needed. Really!=

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Question & Answer – Horse Killed By Careless Driver

July 27, 2010

QUESTION:

My horse was hit and killed at 3:45am on 1 July. Area was determined to be Open Range. Fence showed signs of being tamped with. Driver admitted to going 65 in a 55 mph zone. Skid marks on road say he was going faster. State Patrol Officer stated he felt driver had been drinking but passed a FST. Could not do a breath test since he wasnt arrested. I have picts of the car and the horse. Horse had left leg at hip ripped off and she had been gutted from the impact. There was an open beer can in the car. Passenger had minor facial injuries. There are no obstructions to sight and line of sight is a good 8/10 of a mile of straight road. Horse was a 2 year old filly valued at 10,000.00, registered champagne walking horse. Insurance first offer was 5000.00. Where do I go from hereAdditional informationHorse was valued at 10000.00 by my horse trainer who has over 60 years in the business. Untill this year he was a Nationally accredited show judge. I can also get an evaluation from the gentleman that is my farrier, he owns and operates a boarding/training/tack sales facility just down from me.

ANSWER:

Unfortunately, under the law, animals are viewed as property and so the replacement value of a piece of property is how the value is determined–not whether or not the horse had anything special. So, if your trainer says the horse is valued at $10k- is that the cost of buying a new horse or is that taking into account any special feature of the horse such as good genes or some such.  If the horse was used to stud or for purposes of business, you may look to see if you can claim any loss of business, or business value loss etc… You will need an expert on this.

Having said that- If the replacement value of the horse is $10k, you may have to gear up for a lawsuit and take the matter into litigation. You will need to speak with an attorney in your area and move forward.

via Horse killed by car. Insurance adjuster only offered half her value. – Avvo.com.

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Question & Answer – Return of Deductible

July 23, 2010

Q: “I was rear ended, i have to pay the deductible of $1,000.to repair my car. I will be refunded $500.00 through the mini-tort claim. how do i go about getting the other $500.00 returned to me. the driver of the car was not the owner. the owner of the car has insurance.”

A: “ Goes to show why limits in liability as proposed by the proponent of tort reform and caps on damages is a bad idea — one solution cannot fit all.

Unfortunately, there is not much you can do. Your damages are capped at $500 and that’s that.”

via return of deductable paid. – Avvo.com.

The above is not meant to replace the advice and counsel of an attorney with full knowledge of the issues involved in your particular case. Consult with your attorney before making any decisions.

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Lawsuit filed in death at inoperative railroad crossing – chicagotribune.com

July 15, 2010

I was wondering what happened to this personal injury case and I am surprised to see that it has come to a lawsuit. When I heard about the fact that the warning signal was turned off, I figured that the companies will pay up rather quickly. On the other hand, I did not know that the victim was stopped on the tracks in response to traffic. So, I can see the argument of contributory negligence here where the companies would say, even if we failed in our responsibilities, any reasonable person would think it would be a bad idea to stop on the tracks–regardless of whether the signals are blinking or not: that is simply not a reasonable thing to do.

The family of a Chicago dance instructor who was killed by a train at an inoperative rail crossing in University Park three months ago filed a lawsuit Wednesday against two railroads responsible for maintaining the crossing.Katie Ann Lunn, 26, was killed April 16 when an Amtrak train traveling 79 mph struck her SUV, which was stopped on the tracks in heavy traffic near Stuenkel Road and Governors Highway in the south suburb.An ongoing investigation led by the Federal Railroad Administration has determined that before the crash, the flashing lights, bells and crossing gates at the crossing had been inadvertently turned off while repairs were being made.

via Lawsuit filed in death at inoperative railroad crossing – chicagotribune.com.

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Staged Car Accident Hurt Everyone Including The Real Injury Victims

July 14, 2010

I had heard about this sort of practice from the news. Back when I was living in Los Angeles, I would regularly hear on the news about the authorities having cracked a ring of criminals which involved illegal aliens, attorneys and doctors who engaged in defrauding the insurance industry by staging fake accidents. Last I heard was about a group of doctors and attorneys who would pay people to seat four or five to a car and stage rear end car accidents with commercial trucks and trailers. Their practice was revealed when one of these staged accidents went wrong and some of the passengers were killed during the staged event.

It is unfortunate to see this sort of behavior because, in the end, aside from the persons hurt during the staging of these fake accident, real victims of real accident get to have a harder time proving the truth and honesty of their claims. Generally, these criminal acts end up reducing the value of cases in general.

Staged traffic accidents are on the rise, endangering the lives and boosting the car insurance rates of innocent drivers who may unwittingly think they’re at fault.

Questionable claims from staged accidents increased 46.3 percent from 2007 through 2009, according the National Insurance Crime Bureau, or NICB, a Des Plaines, Ill.-based nonprofit agency funded by 1,100 property and casualty insurance companies nationwide to fight car insurance fraud and vehicle theft.

According to the NICB, the top five staged accident states for the period were Florida, 3,006; New York, 1,680; California, 1,619; Texas, 792; and Illinois, 433. The five cities with the most staged accident questionable claims were New York, 1,304; Tampa, Fla., 562; Miami, 511; Orlando, Fla., 422; and Houston, 376.

Auto insurance fraud added $4.8 billion to $6.8 billion to auto injury claim payments in 2007, according to the Malvern, Pa.-based Insurance Research Council’s November 2008 study “Fraud and Buildup in Auto Injury Insurance Claims: 2008 Edition.”

via Print: 6 tips for avoiding a staged accident.

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