Personal Accidents Happen

Unexpected injuries happen, but it doesn’t mean that you have to take the blame or deal with the repercussions of an accident on your own. Hiring a personal injury lawyer allows a victim the necessary time to recover from injury without the fear of being denied compensation for their pain and emotional suffering.

Certain states require all motorists to carry a minimum “personal injury protection” insurance, in order to cover medical costs no matter who was at fault in the accident. According to Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., these laws “make it unfortunately easy for insurance companies to deny claims, leaving hospitals, doctors, and other medical providers without the ability to recover compensation for the cost of treatment performed.”

Medical bills are expensive and you should not have to undergo the financial burden of paying off these expenses if your accident was caused by another party’s negligence. Your insurance company may try many tactics to avoid the disbursement of your claim. By hiring an attorney, you can assure that they will fight your insurance company in order to provide you with the best settlement possible.

Do not allow insurance companies deny you payment that is rightfully yours. Personal injury lawyers will fight against these companies to assure that you get compensation for your losses incurred by injury. The negligence of another individual or a public business should never be tolerated. An attorney well-versed in personal injury claims could make a huge different as you undergo your case in court.

Houston personal injury lawyers like to say that they can fight for coverage of your “expensive medical bills, lost wages, and extensive recovery times.”

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Bitten by a dog? Here’s what you need to know

Being attacked by a dog can be both physically and emotionally traumatizing. According to jeffsampsonlaw.com, people who suffered from animal attack are faced with a variety of injuries, including hemorrhaging, severe lacerations, fracture, wounds, and deadly infections such as tetanus and rabies. Apart from these physical injuries are the financial difficulties brought about by lost time at work and longer recovery period. In some cases, a dog attack victim may even suffer from post-traumatic stress disorder caused by the horrifying incident.

Who is exempted?

As a general rule, negligent dog owners in the U.S. should be liable for the damages incurred by a victim of an animal attack. However, there are instances when an owner is exempted from such responsibility. You may not be eligible for compensation if:

  • You are attempting to commit felony
  • You are a trespasser
  • You physically harmed the dog, which provoked it to attack
  • You have been attacked by a dog who was assisting the military or the police
  • You are a canine professional or a veterinarian

Strict liability laws

If you have been attacked by a dog and you are not any one of those mentioned above, you are most likely to be eligible to claim compensation from the dog owner involved. However, your chance of claiming compensation greatly depends on your state’s dog bite statute. Most states, for instance, enact strict liability dog bite laws wherein dog owners are responsible for the damages incurred by the victim even if the victim could have done anything to prevent the situation.

One bite laws

On the other hand, some states adapt an ancient dog bite legal doctrine called one bite rule, or first bite rule. In one bite rule, dog owners are not responsible for the damages done by their pet if they were not aware of its propensity to do harm. The principle behind this doctrine is that all pets are naturally tame, and owners do not know that their pets have the tendency to hurt other people until the first incident of harm. States that enact this type of rule practically allow dogs to have their first bite for free before its owner becomes legally liable. However, owners could still be liable for their dog’s first bite if the owners knew that the particular breed is dangerous.

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Potentially Dangerous Surgical Procedures for Women

Whether you require surgery for health reasons or simply wish to undergo an elective procedure, it is important to consider the potential risks of the operation. There are a variety of risks associated with virtually every medical procedure, but some surgeries are more dangerous than others. Even if doctors do everything right, you may still develop serious side effects or suffer complications that could affect every part of your life.

The Risks of Common Surgical Procedures

The following medical procedures are commonly performed on women, whether electively or for health reasons. However, it is important to understand the potential health hazards associated with each of these before you give your doctor your informed consent to the procedure.

Botox Injections

There are a number of uses for Botox. When used in small doses, it can treat muscle problems that cause lazy eyes, severe underarm sweating, and TMJ. Of course, it can also diminish wrinkles so one can look younger. While these outcomes are certainly beneficial, Botox can also cause severe side effects. Depending on the injection site, the most common side effects include bruising or bleeding, tenderness, and soreness. Other side effects include headaches, cough, fever, nausea, and fatigue.

In more serious scenarios, a person can have an allergic reaction to Botox, causing the patient to break out in hives, have difficulty breathing, and experience tightness in the chest. If this happens, you should seek medical treatment immediately. In rare cases, Botox can cause loss of bladder control, vision troubles, and possibly even seizures.

Breast Augmentation

In 2008 alone, over 307,000 breast augmentation surgeries were performed in the United States, making it the most popular plastic surgery procedure in the country. As of 2010, over five million women in the United States have breast implants. Despite this procedure’s popularity, there are also some risks associated with breast augmentation. Some potential complications include the following:

  • The need for additional surgeries
  • Scar tissue forming around the implants
  • Ruptured or deflated implants
  • Breast pain and change in nipple or breast sensation
  • Interference with the ability to mammogram breast tissue

Non-Elective Procedures

There are also a number of risks associated with non-elective procedures. One common example is the use of transvaginal mesh to treat pelvic organ prolapse or stress urinary incontinence. Transvaginal mesh is inserted into the pelvic region to strengthen or replace damaged tissue and increase elasticity in the vaginal wall. While this product was initially praised, recent findings have linked transvaginal mesh to a number of complications.

Between 2005 and 2010, there were a reported 3,874 cases of transvaginal mesh complications. This includes problems such as mesh exposure, contraction, or even erosion. When this happens, you could suffer serious pain, infection, organ perforation, scarring, and even neuromuscular problems. Some victims of transvaginal mesh complications have started a transvaginal mesh lawsuit against the manufacturer of this surgical implant, pursuing financial compensation for their damages.

Other Considerations

Before you choose to pursue a surgical procedure, be sure to consider its risks and benefits as well as any alternatives you could pursue instead. It is important to discuss the topic with your doctor and also pursue a second medical opinion in order to protect your health as much as possible.

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Personal Injury with the Use of Alloderm

There are some products that are used in surgery which are not considered medications, biological materials or devices which may still result in personal injury. One such product is the AlloDerm Regenerative Tissue Matrix (AlloDerm) from manufacturer LifeCell based in New Jersey. It is a banked acellular human tissue graft most commonly used as a support system in breast reconstructive surgery, burn grafting, dental grafting, eyelid reconstruction and hernia repair. It is ideal for use in tissue grafting because it has been stripped of all cells, leaving only the lattice of collagen behind which will not be identified as foreign material by the body, avoiding tissue rejection. It is often harvested from human cadavers.

Unfortunately, AlloDerm is not particularly effective and may be even downright dangerous when used in certain types of hernia repairs. According to an article on the website of Williams Kherkher, the main problem with AlloDerm hernia patches is that it tends to fail, necessitating additional repair operations and often leading to infections, swelling, pain, abscesses and contusions. Patients who were provided with an AlloDerm hernia patch after the year 2000 and experienced serious side effects may be eligible for compensation from LifeCell and should contact a product liability lawyer in the area immediately. Currently, about 300 personal injury lawsuits have been filed against the AlloDerm manufacturer.

Several studies conclude that bridging the gap using AlloDerm is more likely to result in a recurrence of a ventral (abdominal) hernia because the mesh is unable to provide enough support. However, AlloDerm still has its uses as reinforcement once the primary fascial reapproximation of the hernia is performed. This means that the gap must be closed before the AlloDerm can be used, and its role is that of secondary support. In such cases, recurrence is much lower.

But this does not mean LifeCell is off the hook. As the developer, manufacturer and marketer of the product, LifeCell had a duty to its clients to thoroughly test the product, provide explicit instructions on its safe use, and not to make false claims. In failing to do any or all of the above, LifeCell becomes liable for any injury that patients may sustain from the use of the product.

For more information on how to file a case against LifeCell, contact a New Hampshire Medical Malpractice Attorney today to learn more about the next steps to take.

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