Injuryboard Commentary - injuries

Consequences of Dental Negligence

Jim Lewis — Mon, 07 Dec 2009 19:32:54 GMT

Dental care and treatment mostly consist of non-invasive procedures and for the most part your visit to the dentist is usually routine and injury free. However, a small percentage of dental visits aren’t so kind. In fact, there can be certain complications that could arise as a result of simple procedures gone horribly wrong and that could bring life-altering changes in one’s oral health.

Examples of dental malpractice cases of which a patient can claim for compensation are:

-Nerve injuries affecting a patient’s ability to taste
- Nerve injuries causing paresthesia or permanent numbness in the tongue
- Complications arising from improperly completed crowns and bridges
- Dentists’ failures to take a patient’s relevant medical history into account before acting
- Certain complications from anaesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth
- Extraction of wrong teeth

The examples listed above can be accountable as negligence on the part of the dentist. A dentist can also be sued for failure to do something which they could have done, such as failing to diagnose oral cancer and other serious oral problems. This is an act of omission by a dentist which could result in substantial harm to the patient. If you have been a victim of a dental negligence and malpractice, you should seek a competent personal injury lawyer who can help you in this matter.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Jim Lewis

Mother, 3 Children Hurt When Semi Truck Runs Stop Sign In Spaulding County, Georgia

Brett Emison — Fri, 04 Dec 2009 10:57:27 GMT

The Atlanta Journal-Constitution and WSB TV have reported that a Hampton, Georgia mother and her three children were seriously injured when they were struck by a tractor trailer that had run a stop sign.

A mother and her three kids were transported to area hospitals after being involved in an accident with a tractor-trailer in Spalding Thursday afternoon.

The incident occurred around 2:35 Thursday afternoon at the intersection of High Falls Road and North McDonough Road.

Cindy Lynn Fain, 38, of Hampton, was driving her Dodge minivan west on High Falls Road when Solomon Debela, 37, of Tucker, ran a stop sign and slammed into the passenger side of the van. Debela was traveling south on North McDonough.

Fain and her three kids, Landon Todd, 2; Jason Todd, 4 and Josieanna Arriaga, 5, were injured seriously in the crash, said Lt. Paul Cosper, Georgia State Patrol spokesman.

The children were airlifted to Children’s Healthcare of Atlanta at Egleston. Fain was transported to Spalding Regional Medical Center. Their conditions were unknown by Cosper and would not be released by hospital officials.

The accident is still under investigation, said Cosper. Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device and charged for driving a truck on a no-thru truck road.

Too many people have been killed by semi truck crashes and trucking accidents.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

Visit our trucking accident web site to learn more about trucking accident safety or trucking accident investigation.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

La Salle University Settles With Family of Former Football Player for $7.5 Million

David Mittleman — Wed, 02 Dec 2009 10:00:00 GMT

In the past week the media has covered Ben Roethlisberger’s head injury and subsequent decision to first play in last Sunday’s game and then opt-out at the last minute when the doctors wouldn’t clear him. This was probably a good decision, since this is Roethlisberger’s fourth concussion. Unfortunately, Roethlisberger received flack from an unlikely source: his teammate, Hines Ward, suggested that Ben could’ve lied to team doctors for the good of the team. His reasoning was that he had lied to team doctors before when he wasn’t feeling perfectly healthy, so why couldn’t Ben? This is scary news in light of the mounting scientific evidence that repeated concussions can lead to severe brain damage and long-term neurological disorders.

Now the NFL might want to think twice about allowing this type of criticism of players who don’t play because they are seriously injured. In a lawsuit against La Salle University, the family of Preston Plevretes settled for $7.5 million with the school after Preston suffered a severe brain injury in 2005 after an earlier concussion went untreated. Preston will require care for the rest of his life.

Preston was a 19-year-old sophomore at the time of the incident. He was apparently injured during a 2005 game when he was hit while covering a punt against Duquesene University in Pittsburgh. He was immediately knocked unconscious and took three to five minutes to awaken. He then became extremely combative and lapsed into a coma. He later had surgery to relieve brain swelling, but returned to practice on October 4, where he sustained more helmet-to-helmet impact. Furthermore, he played in the next game but opted-out in the fourth quarter after complaining of a headache. Despite the settlement amount, La Salle University claims no responsibility in the accident.

Originally posted at InjuryBoard by David Mittleman

Jury awards $89 million against drunken driver in fatality collision

Jeremy Thurman — Tue, 01 Dec 2009 17:22:17 GMT

According to stlttoday.com a Missouri jury has awarded $89 million in damages to the family of a man killed in a 2008 crash with a drunken driver, and to the man's fiancée and daughter.

According to the article, the lawyer for the family stated

he doubts his clients will ever see a fraction of the money. But he said the jury's disgust with drunken driving was unmistakable.

The story further details the egregious facts of the case. It states

that Troy Zerna, 20, at the time at the crash, was already driving on a hardship license after a previous DWI when he caused a head-on collision Feb. 2, 2008, on Highway 100 near Gray Summit.

Zerna's blood-alcohol level was 0.20 percent, 2 1/2 times the legal limit to drive, according to Missouri Highway Patrol testimony at the trial.

This is a prime example of a jury sending a clear and unequivocal message to all those who dare drink and drive. The general public is fed up with losing fathers, mothers, sons and daughters to people who purposefully risk the lives of others by drinking and driving. While this verdict took place in Missouri residents of Oklahoma should take note. The size of the award (which very little will likely be recovered) is a lesson about accountability, not collectability.

Originally posted at InjuryBoard by Jeremy Thurman

Marshall County Tractor-Trailer Accident Kills Three Oklahomans

Jeremy Thurman — Tue, 01 Dec 2009 11:48:30 GMT

According to newsok.com, a tragic tractor-trailer collision has taken the life of a man, woman and a 2-year-old boy. Apparently, these individuals died on a Marshall County highway Monday afternoon after a tractor-trailer rig slammed into their car near Kingston in southern Oklahoma.

According to the article

Erin Hudson, 31, and 2-year-old Paul Hudson, along with a 33-year-old man whose name hasn't been released, all died at the scene after the big rig slammed into the passenger side of the car, the Oklahoma Highway Patrol reported.

Investigators said the collision occurred at 12:49 p.m. after driver Erin Hudson failed to yield at a stop sign as she entered U.S. Highway 377 from State Highway 32.

This accident underscores the tragic consequences that can occur when a tractor-trailer collides with an automobile. Our prayers and sympathies are with the families of those lost.

Originally posted at InjuryBoard by Jeremy Thurman

The 3 Leading Causes of Accidental Home Injury Deaths

Rick Shapiro — Thu, 26 Nov 2009 00:00:00 GMT

Each and every year in America, nearly 18,000 people are killed from injuries while they are at home. This article will outline the leading causes of death, along with simple, cost effective methods to make your household much safer.

We all like to think of our homes as the perfect oasis to enjoy your self in comfort and security; however, the average home in the U.S. harbors some serious safety risks. As mentioned, more than 18,000 are killed each year from accidental injuries that take place in the home, making our houses the 2^nd most common location right behind the number one location: in our cars and on the road.

There are some very simple steps that homeowners can take to easily minimize the risk of accidental death at home. Here are the top 3 causes of accidental deaths at home:

1. Falls: This is the leading cause of home injury deaths claiming almost 6,000 lives per year. Slip and fall accidents can occur almost anywhere but the most likely place at home is in the bathroom. One quick and easy way to reduce the risk is to install grab bars in their bathtubs and showers. The primary reason tubs and showers are so dangerous is that the surface is so hard and can cause a serious injury, or severe trauma to the head.

2. Poisoning: Coming in at number two in the area of accidental home injury deaths is from poisoning which takes close to 5,000 lives every year. To add further insult to injury, poisoning is the leading cause of death at home for young adults and the middle aged. This is far too common especially if you can imagine when someone mixes a prescription drug with an over the counter medication such as a cold remedy, then followed by an alcoholic beverage. Mixing things together like this can be quite deadly.

3. Fire and burns: Home fires and burns claim over 3,000 lives per year which puts this deadly home injury at number three on the list. Make sure you have several working smoke alarms throughout the house and practice fire drills at least two times a year.

Originally posted at InjuryBoard by Rick Shapiro

Things to Never Tell an Adjuster – “I’m Not Injured”

Jeremy Thurman — Wed, 25 Nov 2009 10:13:00 GMT

As an Oklahoma City car accident attorney a common battle I face on a daily basis is the adjuster telling me I have your client recorded stating “I’m not injured.”

In almost every circumstance, the adjuster has two goals when he or she makes contact with you immediately following an automobile accident. First, they always want you to say that your “at fault.” Secondly, if there is no way around liability, they want you to say “I’m not injured.” Why? Its quite simple they want to use this statement in a potential settlement and/or litigation to show that you are lying about your injuries regardless of the truth.

You have to realize that car wreck injuries do not immediately show up. Often, pain does not show up until a few days after the car accident. For example, brain trauma may not immediately manifest itself and sometimes shows up in the following days with symptoms of dizziness, vomiting and light sensitivity. Other “soft tissue” injuries such as whiplash and back strains also may not show immediately do the adrenaline rush many people experience after a car wreck.

Accordingly, its important to never admit that you are not injured and always contact an attorney to maneuver you around the potholes that an experienced insurance adjuster will try to get you to fall in.

If you or loved one has been injured or a loved one killed in an auto accident, McIntyre Law, P.C. has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.mcintyrelaw.com or call toll free 1-866-917-5200 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Jeremy Thurman

Woman Gets $8 Million Verdict from Richmond, Virginia (VA) Jury

John Cooper — Tue, 24 Nov 2009 14:47:13 GMT

A Richmond Circuit Court jury has returned an $8 million verdict to a Richmond woman in a law suit against the Greater Richmond Transit Bus (GRTC), the company that provides mass transit throughout the Richmond, Virginia (VA) area.

The accident happened within sight of the Richmond, Virginia (VA) courthouse. The woman was walking to the Library of Virginia, where she is a research Liberian, when she was struck by a GRTC bus on Marshall Street. The accident caused her to suffer fractures in her right shoulder blade, back, right sacrum, and left hip socket.

Thankfully, she mostly recovered from her injuries; however, she incurred $180,000 in medical bills. The woman also suffered from post-traumatic stress disorder, depression, and anxiety. According to her lawyer, the extent of her mental anguish was so severe that she was advised by a counselor and a psychotherapist not to be present in the courtroom during the trial. She will require $400,000 for future medical treatment.

The bus company admitted liability for the woman’s injuries and the jury returned an $8 million dollar verdict.

The lawyers at Shapiro, Cooper, Lewis & Appleton would like to congratulate Jason Konvicka on obtaining a strong result for his client. It was truly a job well done.

Originally posted at InjuryBoard by John Cooper

Insurance Institute for Highway Safety Announces Top Safety Picks for 2010

David Mittleman — Tue, 24 Nov 2009 14:01:42 GMT

After conducting their annual safety tests, the Insurance Institute for Highway Safety has cropped the list of "crashworthy" winners down from 94 vehicles in 2009 to 19 for 2010. To determine crashworthiness—that is, how well a vehicle protects its occupants during a crash—all 2010 car models were given the high-speed front and side tests, a test for rollover safety, and an evaluation of the seat and head restraints in protecting against head injuries in rear impacts. To earn the “Top Safety Pick for 2010” award, a vehicle had to achieve good ratings in all of the four tests. In addition, the winning vehicles also had to have electronic stability control.

Overall, the safest 2010 vehicles included two new models: the Nissan Cube and the Kia Soul. Furthermore, Subaru had a model winner in each category, the only manufacturer to accomplish this goal. Furthermore, Subaru won five awards total, although Ford and its subsidiary, Volvo, won topped that number with six awards.

Some of the largest automakers that did well in previous years were absent from the final rankings. For example, Toyota and its Lexus and Scion subsidiaries did well in 2009 with 11 award-winning models—this year they received no awards.

Originally posted at InjuryBoard by David Mittleman

Man in Coma for 23 Years Heard Everything

Jeremy Thurman — Tue, 24 Nov 2009 10:04:22 GMT

Imagine being trapped in your own body. When you think of being trapped the first thing that may come to mind is being confined, now think about the only thing confining you is your brain. Your loved ones are all around you trying to talk to you; meanwhile, you lay there and cannot speak. You scream, shout, cry, smile, and even laugh occasionally but no one knows but you. Now imagine this has been going on for 23 years. Recently in Brussels, Belgium this nightmare is one man’s reality. Recently made public in newspapers and internet sites throughout the world is the story of Rom Houben, a 46 year old man, who was involved in a car accident 26 years ago. Up until 3 years ago this man was thought to be in a vegetative state, but thanks to new brain scanning technology they discovered that not only was Mr. Houben’s brain functioning properly but it was almost operating normally. Dr. Steven Laureys, a neurologist at the University of Liège in Belgium, has published a new study that states Mr. Houben could be one of many misdiagnosed coma cases in the world. Dr. Laurey’s study states that up to 40% of cases labeled vegatative state, upon closer examination are found to have at least some brain activity. With this new finding they have found that some cases with consciousness can be treated and they are making considerable progress.

This grim reality could happen to any one of us. A simple trip to the grocery store could put you or a loved one in a hospital bed, one that they may never get out of again. In the United States in 2008 per every 100,000 population, 12.25 people were killed (FARS DOT). While every year less and less people are dying on the roadways, there are still severe injury accidents that occur. Every day I count my blessings when I make it home safely, and I was not responsible for somebody’s pain and suffering.

Originally posted at InjuryBoard by Jeremy Thurman