Michigan Personal Injury Blog - injury

Pair of Holiday-Weekend Accidents Result in Death, Injury

David Mittleman — Sun, 29 Nov 2009 20:16:28 GMT

Two young Lansing, Michigan residents fell victim to car crashes over the Thanksgiving holiday - a sobering reminder of the hazards of one of the busiest travel seasons of the year.

Christy Luckett, 30, died Thursday morning, one day after a two-vehicle crash at the intersection of Waverly Road and Phoenix Drive in Lansing. The driver and one passenger in the other vehicle were also treated for injuries. The collision is still under investigation.

Some 50 miles away in Oceola Township, Zachery Warren was injured when he swerved to avoid a pickup truck driven by Clem Plowman on M-59 in Livingston County. Warren, a 23-year-old Lansing man, is still receiving treatment at University of Michigan Medical Center in Ann Arbor.

Remember to use extreme caution when driving. Careful driving behaviors should be a year-long habit, but they become especially important during periods of heavy travel.

Originally posted at InjuryBoard by David Mittleman

Advanced Technology Showing How PTSD Alters Brain Function

David Mittleman — Sat, 28 Nov 2009 16:22:42 GMT

For years people suffering from post traumatic stress disorder (PTSD) were dismissed as complainers and fakers. Their cases were given little to no serious consideration from the medical community and from society at large. Slowly, that has started to change. As our National News Desk at InjuryBoard highlighted, PTSD is now listed in the diagnostic manual used by psychiatrists and psychologists along with the criteria for making the diagnosis.

Up until now, however, PTSD has largely been diagnosed through its symptoms without a significant method of objectively testing just how the mind has been affected by the traumatic events that led to the disorder. That is slowly starting to change. New and powerful imaging tests are being developed to detect just how the brain changes in people with PTSD. The disease that was once "just in your head" is turning out to be the result of damage to the brain's nerve fibers that handle memory and confusion.

The technique is called Diffusion Tensor Imaging. It is a non-invasive procedure adds just a little time to a standard MRI. It involves tracking how water flows through tiny, celery stalk-like nerve fibers in the brain, measuring the direction and speed of the water molecules to determine if the nerve fibers have suffered any damage.

While this research has been primarily driven by the waves of veterans from Afghanistan and Iraq who has suffered from PTSD and Traumatic Brain Injuries (PDF), the ramifications of this technology can be far reaching. Countless Americans suffer from PTSD and traumatic brain injuries, ranging from an auto accident to surviving traumatic events such as a rape or child abuse. Treatment for all these individuals will likely be altered from this research as scientists learn more about how the brain heals itself from traumatic events.

Originally posted at InjuryBoard by David Mittleman

Survive Black Friday?

Timothy Smith — Sat, 28 Nov 2009 14:19:54 GMT

A number of years ago, I represented a young woman who was injured by a crowd that had gathered outside a Wal-Mart in Cadillac Michigan after reading about a new home video gaming system that was being released. My client was 7 months pregnant and had hoped to surprise her husband with a new video gaming system for his birthday.

By 5am, the crowd was nearly 100 and the Walmart had advertised that quantities were limited to 25 gaming units. As the store approached the opening hour, the crowd was getting restless. Bullies in the back of the line began pushing forward and tempers began to flare. You'd think that Wal-Mart would have recognized this and set up a system to ensure that the sale of the systems occurred in a safe manner to the 25 first individuals in line. Simple measures such as handing out wristbands to the first 25 or any number of approaches would have spared the crowd from what came next.

At the time of the opening, a Wal-Mart employee came forward and simply unlocked the front door. The crowd surged forward as it became every man and woman for themselves. My client, who was 8th person in line, was pushed to the ground and trampled by the folks behind her.

By the time the dust settled on the stampede, my client lay on the floor of the entry to Wal-Mart - bruised, battered and going into labor from the trauma. Emergency medical technicians from Cadillac were called to the scene and transported her to Cadillac Mercy Hospital where the doctors were able to stop the labor. She wasn't able to have any x-rays of her injured pelvis, hips and back because of the risk to the fetus. She spent the next 2 months on her back wondering if her unborn child was going to be okay.

When I sent my first notice of claim letter to Walmart, they responded by denying that their store or it's employees had done anything wrong. Suit was filed against Walmart in Wexford County Circuit Court. I was able to secure a copy of the security tapes from the front door. The tapes showed the Walmart employees laughing at the crowd gathered outside and then laughing at the stampede that ensued once the front doors were unlocked. The video was very similar to this YouTube clip from a Black Friday Stampede in Grand Rapids Michigan.

http://www.youtube.com/watch?v=aeSgBL7gpAk

It's shocking to me that this happens every year at the Big Box stores like Wal-Mart, Sam's Club, Best Buy and others. Even more shocking are the security regulations that each store has drafted and implemented which are rarely followed when the store is releasing a new limited quantity gaming system or on the morning of Black Friday. Through extensive discovery [which Walmart fought every step of the way], my office obtained internal safety rules and regulations that, if followed, could have prevented my client's injury.

What's even more shocking is that Wal-Mart and other big box stores not only endanger the lives of their customers, but evn their employees aren't safe during these Black Friday Riots. In fact, one Wal-Mart employee was killed during one of the Black Friday riots like you just watched above.

http://www.youtube.com/watch?v=5S6UKRaM5fA

Wal-Mart called this death of it's employee "an unfortunate event". That's an understatement. Every big box store knows that Black Friday brings big crowds and that big crowds can cause big problems. So why is it that every year we have people getting injured and even killed while trying to shop? Why aren't stores following the rules and regulations they themselves have implemented to provide a safe shopping experience for it's customers? I suppose we can answer that question in a single word - Profits. Proper security measures are expensive to implement....

My client was one of the lucky ones. The money that Wal-Mart paid to her at the conclusion of the litigation more than covered her medical bills and her pain and suffering. More importantly, after laying in bed under doctors orders for 2 months, her child was born healthy. She still has days where she has aches and pains in her pelvis and low back from where she was trampled, but she knows that it could have been worse. Much worse.

Originally posted at InjuryBoard by Timothy Smith

Dog Bite Basics in Michigan

Timothy Smith — Tue, 24 Nov 2009 15:13:50 GMT

DOG BITE

In Michigan, when a dog bites a person, the person must sue the owner of the dog within three years from the date of the dog bite under MCL 600.5805(10). Proper plaintiffs would include:

· Person the dog bit and injured, as well as their spouse, child, or parent;

· Personal representative of the person killed in a dog attack, who would be a stand-in for the deceased and could recover on behalf of the dead person’s estate.

The proper defendant in a dog bite case includes:

1) the “registered owner” of the dog, or person who has represented him or herself to be the “owner”;

2) the “keeper,” or the “temporary caretaker” of the dog.

The jury will determine the fact question of whether the defendant having possession of the dog rises to “keeper” status and is usually defined as exercising the type of control over the dog that the owner would exert.

Three common potential causes of action for dog bite cases include:

1) The dog bite statutory action, applying to an owner of a dog

The good news in these cases is that generally if a dog bites a plaintiff, the plaintiff must only prove these facts:

· The dog bit the plaintiff and the plaintiff was injured as a result;

· The plaintiff did not provoke the bite, typically a fact question for your jury;

· The defendant owned the dog; and

· The plaintiff was lawfully at the location where the dog bite occurred.

2) Common law strict liability action against the dog owner and “keeper”

When the dog bite occurs while the dog is under the control of an owner or a “keeper,” who knew or should have known of the dog’s dangerous propensities, the plaintiff must prove in addition to the facts listed above.

3) Common law negligence

The same facts as listed under number 1 above plus that the owner or “possessor,” or temporary caretaker of the dog had the dog long enough to know of the dog’s dangerous propensities, breached a duty to the plaintiff of controlling the dog, and therefore was negligent.

More good news for Michigan victims related to defense of dog bite cases:

· Provoking the dog, an issue the jury will decide, is the only defense under a statutory claim

· Reacting to a dog’s viciousness does not constitute provocation under the statute.

If you or someone you know has been attcked by a dog, click here for a prior article I authored on how to treat bite injuries.

Originally posted at InjuryBoard by Timothy Smith

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

Michigan's Wrongful Death Act Provides Compensation, Closure for Families

David Mittleman — Fri, 13 Nov 2009 12:31:00 GMT

It is always difficult when a family member dies. When a loved one passes away, it is quite common to feel grief and loss. Those feelings can be even worse when someone is taken out of our lives due to the carelessness or negligence of another.

Nothing can ever truly replace a relative lost forever. However, Michigan law does allow family members to receive fair and reasonable compensation when an individual dies as a result of injuries caused by someone else. Michigan's Wrongful Death Act permits the following people to recover certain damages:

The decedent's spouse
The decedent's children (and their descendants)
The decedent's parents and grandparents
The decedent's brothers and/or sisters
People entitled to recover a portion of the decedent's estate under law
People entitled to recover a portion of the estate under a will

Instead of compensating the decedent, the Wrongful Death Act is designed to compensate the surviving relatives and the estate for damages they have suffered. Therefore, damages are typically limited to:

Reasonable medical, hospital, funeral, and burial expenses
Conscious pain and suffering suffered by the decedent
Loss of financial support
Loss of society and companionship

The law also permits a jury or judge to award any other damages considered "fair and equitable under the circumstances."

Michigan's Wrongful Death Act is very complicated and detailed. It includes numerous procedural requirements that must be strictly observed. Our firm regularly handles this type of claim, and we may be able to help you if you have lost a family member due to the negligence of someone else.

Originally posted at InjuryBoard by David Mittleman

Head & Brain Injuries Should Not Be Overlooked

David Mittleman — Tue, 10 Nov 2009 16:56:19 GMT

Head injuries can happen any number of ways and can result in a number of different complications. Here are some early warning signs that may tell you if you have suffered from a head injury include:

Feeling dazed or having loss of consciousness, following with vomiting and nausea
Blurred vision
Headaches

Some more long term symptoms could include the following:

Irritability
Difficulty concentrating
Insomnia
Difficulty tolerating bright lights

Often, these symptoms are overlooked and frequently not recognized for head injury.

Minimize your chance of having a head injury by wearing helmets when engaged in activities where you could hit your head, such as skating, bike riding, etc. Wear your seat belt in your vehicle to prevent your head from hitting the interior of the car during an accident. Inspect your home for hazardous fall areas and do your best to make your home hazard free.

If you believe you or someone you care about may have suffered a head & brain injury do not hesistate to contact our office, ChurchWyble, at (888) 227-4770.

Originally posted at InjuryBoard by David Mittleman

Local Motorcyclist Exemplifies Fact that Helmets Save Lives

David Mittleman — Tue, 10 Nov 2009 12:34:49 GMT

I recently wrote about motorcycle accidents and the serious injuries they can cause. A logical and simple answer to increase motorcycle safety (pdf) is to wear a helmet while riding. A local man is a testament to this fact: Jimmy Hunter, a 56-year-old musician from Muskegon and a Harley-Davidson motorcycle rider, suffered a brain injury after he was in a car accident two years ago. However, his injuries would’ve been much worse if hadn’t worn a helmet.

Along with purchasing a Harley-Davidson Sportster, Hunter also purchased one of the best helmets available. In fact, it was a full-face helmet. Hunter admits he might have looked “silly” going down the road, but he readily adds that if he had worn a smaller helmet, he wouldn’t have survived. In fact, Hunter was injured after a vehicle pulled out in front of him, even though he was following the speed limit. Although the accident left him in critical condition for weeks, and he still has difficulty moving freely on his own, he continues outpatient therapy and hopes to ride his Harley again soon.

In Michigan, motorcycle deaths have increased slightly, from 124 in 2007 to 127 in 2008. While deaths are up statewide, fatalities decreased in Ingham, Clinton, and Eaton counties between 2007 and 2008. Hopefully, the decline in deaths can be partially attributed to other riders who put safety first and wear helmets while riding their motorcycles. At least in Hunter’s case, his helmet saved his life.

Originally posted at InjuryBoard by David Mittleman

Dangerous Prescription Errors Far Too Common

David Mittleman — Sat, 07 Nov 2009 10:29:00 GMT

Each year, over 3 billion prescriptions are dispensed in the United States. Patients depend on these medications for their well-being, and it is important that the dispensing pharmacy accurately fill each prescription with the correct drug and dosage. In addition, pharmacists and pharmacy technicians are under enormous pressure to keep costs low by filling high volumes of prescriptions quickly.

All of this adds up to a shockingly high risk for injury as a result of pharmacy error. A recent investigation into prescription error identified several potential pitfalls:

The pharmacy dispenses a drug other than that which was prescribed
The pharmacy fails to identify a potentially dangerous drug interaction
A pharmacist fails to counsel the patient about the drug
The dosage is incorrectly provided on the label

These are just four possible types of pharmacy error. While some errors may not result in any harm to the patient, those that do injure the patient present a very serious safety concern. According to some studies, perhaps as many as one in ten prescriptions result in a significant adverse outcome. By taking an active role in your health care and asking questions of your doctor and pharmacist, you may be able to avoid becoming a victim of pharmacy error.

Sometimes, even in spite of your best efforts, a pharmacy may make a mistake that causes you injury. The attorneys at our firm handle pharmacy negligence cases regularly and we may be able to help hold the pharmacy accountable for their actions. In doing so, we can help compensate you and help prevent such an error from happening again.

Originally posted at InjuryBoard by David Mittleman

Michigan Medical Malpractice Claims Fraught With Obstacles

David Mittleman — Wed, 04 Nov 2009 15:58:00 GMT

Most of us know little or nothing about the practice of medicine. When we go to our doctors, for everything from a routine checkup to a serious emergency, we trust in them to conduct a proper and thorough examination and to formulate an adequate plan of care. Sometimes, as a result of the carelessness or inattention of the physician or other medical provider, a patient is harmed rather than healed.

Doctors and other medical providers have a legal duty to provide patients with treatment that meets the "standard of care." In layman's terms, the standard of care is what an ordinary and prudent doctor should do in a given situation. If a doctor breaches the standard of care, and the patient is injured as a result, the doctor has committed medical malpractice.

Medical malpractice is more than just a breach of duty, it is a betrayal of trust. However, Michigan law can make it very difficult and expensive for victims to hold the at-fault doctors accountable. There are numerous procedural requirements demanded by law that must be strictly followed. Failure to follow these rules precisely could (and often does) result in the dismissal of an otherwise valid medical malpractice claim. Injured victims have only two years to bring a claim for malpractice, while victims of other types of negligence have three years. Moreover, the victim is required to procure the testimony of other doctors in order to prove his or her case. This is an expensive requirement, and the injured person's doctors must have exactly the same credentials as the at-fault doctor or the claim may be dismissed.

In Michigan, even if a victim of medical malpractice can satisfy all the procedural requirements and prevail in court, their level of compensation may be limited. Medical malpractice damage caps operate to prevent severely hurt patients from fully recovering for their injuries.

Our office handles medical malpractice claims regularly, and our attorneys have extensive experience navigating Michigan's legal obstacle course. If you suspect that you or a loved one is a victim of medical malpractice, contact our office to see if we can put our expertise to work for you.

Originally posted at InjuryBoard by David Mittleman