July 2017 - Kamerow Law
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Who is Liable for my Damages from an Injury Involving a Defective Medical Device?

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Who is Liable for my Damages from an Injury Involving a Defective Medical Device?

Not all medical malpractice cases involve a doctor’s direct error. Sometimes, they involve other types of negligence, such as using a recalled medical device or using one incorrectly, causing the victim to suffer an injury or a worsened medical condition. When this happens, the victim may file a claim to seek compensation from the negligent, and thus liable, party – which is not always his or her doctor.

A defective medical device case can involve one or more of the following parties. How your injury occurred will determine which party is liable for your damages.

 

The Device’s Manufacturer

Manufacturers of consumer products have what is known as product liability. This is the responsibility to ensure that their products do not pose the risk of harm to consumers who use them in an intended manner. In the following scenarios, a medical device’s manufacturer may be deemed liable for a victim’s damages:

  • The product was rushed to market without being thoroughly tested;
  • The product can break down or dislocate within the victim’s body;
  • The product is not sterile or cannot be kept sterile, making it a possible infection hazard; and
  • The product does not work as it is supposed to work.

 

The Doctor or Other Medical Professional who Used the Device with you

When a manufacturer finds its product is not safe or could potentially be unsafe, it must issue a recall. Physicians who use recalled products and hospitals that stock recalled products for use are negligent and may be liable for any damages that arise from the use of these items. Even if an item has not been recalled, a doctor or other hospital staff member may be negligent by using it incorrectly, without properly sterilizing it, or despite knowing that the product’s risks outweigh its benefits to the patient. In cases where a doctor would not reasonably have used an item, but it is then used anyway, the doctor may be liable for the victim’s damages.

 

Work with an Experienced Alexandria Medical Malpractice Lawyer

 

If you are suffering from the financial results of an injury or worsened condition caused by a faulty or defective medical device, you could have grounds for a medical malpractice claim. To learn more about your rights in this situation, contact our team of experienced medical malpractice lawyers at Kamerow Law Firm, PLLC today to set up your initial consultation with us.

 

Hot Weather Makes Drivers More Susceptible to Road Rage. Do Not Fall into the Road Rage Trap

As you know, hot weather in the summer is uncomfortable. During these warmer months, man of us head to the pool, the beach, or retreat inside our air conditioned homes. Summer heat is associated with many safety risks, like heat exhaustion, power outages, and even car accidents.

During the summer, drivers are more likely to experience road rage. This can be attributed to the uncomfortable summer heat as well as the increased number of drivers on the road, many of whom are not local and thus not familiar with local roadways and traffic patterns. Aggressive driving puts the aggressor and all others on the roadway at risk of being involved in a collision, which can have serious or even deadly consequences.

 

Examples of Road Rage

Road rage can take many forms, such as:

  • Shouting at other drivers;
  • Tailgating;
  • Swerving aggressively through traffic;
  • Making rude gestures at others; and
  • Beeping aggressively.

The best way to handle an aggressive driver is to choose not to engage with him or her. Do not cut the other driver or or prevent him or her from changing lanes or making a turn in an effort to “teach a lesson” – the other driver will learn nothing, the aggression will escalate, and you will still be at risk of being involved in an accident.

 

You Cannot Control Other Drivers, But you Can Control Yourself

Although you cannot keep others from expressing road rage, you can keep yourself from behaving in an aggressive manner. Leave early for your destination so the stress of being late does not drive you to act irrationally. Other ways to reduce your stress levels and thus your likelihood of aggressive behaviors include:

  • Using your air conditioning to keep yourself physically cool and comfortable;
  • Keeping your blood pressure low with breathing techniques and calming music;
  • Keeping yourself hydrated;
  • Staying aware of your surrounding and choosing not to use your phone while driving; and
  • Being a courteous driver. This includes giving other vehicles ample following space, allowing others to make exits and lane changes, and being forgiving of others’ errors.

 

Work with an Experienced Alexandria Car Accident Lawyer

 

If you are injured in a car accident, work with one of the experienced car accident lawyers on our team at Kamerow Law Firm, PLLC to seek compensation for your damages. Contact our office today to set up your free legal consultation with us.

Recovering from a Traumatic Brain Injury After a Truck Accident

In a collision between a passenger vehicle and a commercial truck, the driver and passengers in the smaller vehicle are far more likely than the truck driver to suffer injuries. A truck accident can lead to severe, sometimes life-threatening injuries, such as traumatic brain injuries.

A traumatic brain injury (TBI) occurs when the skull suffers a physical blow. In this blow, the brain is damaged. TBI victims can suffer physical, cognitive, behavioral, and neurological injuries. When a TBI is the result of an accident, the victim can seek compensation for his or her damages through a personal injury claim.

 

Your Treatment Plan Depends on the Severity of your Injury

TBIs are diagnosed using the Glasgow Coma Scale. The Glasgow Coma Scale assigns a point value to various response levels. The victim is then subjected to a series of stimuli and each of his or her responses is recorded and graded to determine the severity of his or her injury.

The appropriate treatment plan for a victim depends on the severity of his or her injury. Mild TBIs generally only require rest and pain medication for headaches. More severe TBIs can require mechanical ventilation, seizure medication, and in some cases, putting the victim into a medical coma in order to prevent a secondary injury. In these cases, the victim may need rehabilitative therapy as a later part of his or her recovery.

 

Prompt Treatment is Critical for a TBI

Traumatic brain injuries often do not have physical symptoms. A victim might feel confused, suffer blurred vision, or become sensitive to light and sound. With behavioral changes like irritability, a victim’s loved ones might notice a change before he or she does.

After any accident, it is important that you seek medical care even if you do not feel injured. If a TBI goes undiagnosed and untreated, its symptoms can become worse. Your doctor can determine if you suffered a TBI or another invisible injury and create an appropriate treatment plan.

 

Work with an Experienced Alexandria Truck Accident Lawyer

 

If you are involved in an accident with a commercial truck, you can suffer a severe, potentially life-changing injury. Our team of experienced truck accident lawyers is here to help you pursue compensation for your damages following such an injury. Contact Kamerow Law Firm, PLLC today to set up your initial consultation with us.