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Mother Sues School After Her Child is Stabbed with a Hypodermic Needle

A mother was horrified to learn that her son, a student at Myrtle Beach Middle School, was stabbed with a hypodermic needle while she thought he was safely attending classes. The school’s actions angered her enough that’s she has filed a lawsuit against the entire Horry County School District.

According the court papers, on May 11 one child used a hypodermic needle to stab Janet Threatt’s son. At least three other students were pricked by the same needle.

028cb99cf12a1b7fbd719c07f38fcf59The incident has been traced back to the school nurse who was responsible for testing a female student’s blood sugar levels and administering insulin to her as needed. That was fine. What wasn’t fine was what the nurse did next.

The lawsuit states that, “on the day in question, the school nurse failed to dispose of the female student’s insulin needle and diabetes equipment and instructed the female student to dispose of the items herself.”

The problem is that student didn’t place the needle in the sharps container like she was supposed to. Instead she held onto the needle and used it to stab Threatt’s child as well as three others. When the incident became known, Threatt’s child was immediately transported to receive medical care.

The female gave the needle to another student who stabbed Threatt’s child, according to the document. Grand Strand Medical Center for a series of blood tests. One blood test wasn’t enough to determine whether or not he’d developed any blood borne illnesses as a result of being stabbed with the used hypodermic needle. His blood will have to be tested for at least six months.

IMG_1716In the lawsuit, Threatt states that she expected the school to keep her son “reasonably safe” while he was in their care. The failure to make sure the hypodermic needle was properly disposed violated that trust.

The lawsuit states that the school is guilty of: not warning Threatt’s child of a dangerous situation, allowing a an unsafe, dangerous and/or hazardous condition to develop on the premises, not protecting Threatt’s child from dangerous conditions, and improper safety procedures.

HIPAA-Compliance-page-SecureCompliance-526x350Threatt is seeking actual damages to make up for the medical bills she’s acquired on her son’s behalf as a result of the incident. She’s also seeking punitive damages for the mental and physical pain her child has endured as a result of this episode.

The school has not issued a statement regarding the personal injury lawsuit. The girl who actually stabbed Threatt’s son with the needle is facing criminal charges.

“I’m horrified by this case,” said Joseph Sandefur, managing partner of a top personal injury firm with an office headquartered in Myrtle Beach. “I’m one who trusts the schools and the people they employee so to find out that a school nurse behaved so recklessly truly shocks me. In cases like this, liability matters can be complicated so I’m glad to learn that the boy’s mother has enlisted legal aid and filed a personal injury lawsuit.”

If the actions of another result in you getting injured, visit https://joeandmartin.com/myrtle-beach  to learn more about your legal options.

 

 

 

 

Hospital Found Guilty of Concealing Data During Medial Malpractice Case

medical-malpractice-440x280It took five long years, but the wrongful death civil case filed by Fort Lauderdale’s Robert W. Kelley against the North Broward Hospital District has finally come to an end.

The plaintiff won the medical malpractice court trial when the seated judged, Circuit Judge Carlos Rodriguez, officially ruled that officials at the hospital hadn’t been forthcoming and actually concealed evidence that pertained to the case. When the judge made his ruling, the hospital’s defense fell apart and they agreed to settle the case for an undisclosed amount.

Although he is thrilled to finally have the case over, lawyer Robert W. Kelley, does have some regrets, including the fact that so much taxpayer money was eventually spent on the case. Still, he is glad his father is finally able to rest in peace.

Robert P. Kelley Sr. had been a minister before he eventually made a career change that took him from the pulpit to the classroom. He specialized in in psychology. After teaching for a number of year, he worked for Florida’s Department of Health and Rehabilitative Services as well as the Fort Lauderdale Housing Authority. It’s reported that he worked hard and was well liked.

In 2008, the 77 year old Kelly checking into Broward General Medical Center in order to have knee surgery. It was eventually revealed during the ensuring court case that the surgical team failed to administer blood thinners to Kelly during his surgery and as a result blood clots formed. A pulmonary embolism that formed as a result of the surgery was ruled as the cause of death when Kelley passed away 5 days after the surgery.

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The courtroom trial didn’t last long. Two days after the hearing began, Rodriguez made his ruling, declaring that the hospital was guilty of “provided intentionally misleading testimony.” It was at this point that the hospital was told to not only drop the case and settle, but to also pay Kelley’s legal and lawyer’s fees.

This was a first time in the history of this state that one big company as this hospital has claim it innocent, but still has satlle  outside a courtroom and and paid other side their compensation.

“It closed the case,” said Jonathon Lynn, attorney for the defense. “What happens next is we finalize the settlement and we pay the money we agreed to pay.”

The attorney swears the hospital didn’t set out to conceal any information, that it was a mistake. “There was no intent to deceive,” he said. “There were errors made, but they were innocent mistakes.”

unnamed“Medical malpractice cases are always a bit alarming, especially if they take place just before someone is due to be admitted into the hospital for a similar surgery. I’m glad that Robert W. Kelley perused his father’s case through to the end,” said Attorney Joe and Martin of South Carolina top personal injury firm says “Knowing that there are people out there that refuse to back down will hopefully encourage the medical community to take an extra second and make sure they follow hospital protocol which will prevent similar wrongful death case from being filed in the future”

If someone you love passed away unexpectedly after the hospital and medical team handling a surgery made a mistake, arrange for a consolation with personal injury attorney who will help you explore your legal options.

 

 

Personal Injury Defense Attorney Moves to Relocate Case

personal-injury-defense-attorney-georgetown-ma-300x200Recently defense attorney, Krishna S. Bhavsar Varma, contacted the court system and asked if she could move the case she is handling for a client. She wishes to move the case from where it’s currently scheduled to be reviewed in California and have everything transferred to Chester County Court of Common Pleas. The grounds for her petition are that the accident in question didn’t take place in California. The issue was supposed to have been discussed a week ago in the California City Hall Court chambers.

The accident discussed in the personal injury lawsuit took place on October 28, 2014. At the plaintiff in the case, Davis-Baptiste was piloting his vehicle along West Chester Pike in West Chester. Keven White was also behind the wheel of a vehicle that was owned by Anthony Kitt, Fred Beans Holdings, Inc., Fred Beans Ford Lincoln of West Chester, and all of whom have also named as a defendant in the case.  The two cars collided, an incident that Davis-Baptiste states would have never happened had White not been driving in a negligent manner.

According to the paperwork Davis-Baptiste as a result of the driving accident, they suffered “various serious and permanent personal injuries, impairment of bodily function, serious disfigurement and aggravation of pre-existing conditions.” The court paperwork also describes the expenses Davis-Baptiste sustained as a result of both their injuries and the damage done to their vehicle in the collision, an amount that exceeds the amount named by the California Motor Vehicle Financial Responsibility Law (PMVFRL).

If are you victim of motorcycle accident contact motorcycle accident attorney and tell him your case.

Motorcycle accident on Trans Canada HighwayIn the paperwork, Davis-Baptiste accuses the driver, White, of negligent behavior that resulted in personal injury. The remainder of the defendants are accused of multiple counts of negligent entrustment and respondent superior theory of liability. In addition to recovering the money spent on medical bills and repairing the vehicle, Davis-Baptiste is requesting a settlement that exceeds $50,000. It’s unclear as to whether or not the defendant’s wish to relocate the upcoming trial will be granted or not.

Drew Warren, managing partner of a top personal injury firm with an office headquartered in California, feels that this motion is a perfect example about why plaintiffs in California’s personal injury claims need to have a good attorney on their side. “Defense attorneys will resort to all kinds of tactics, including asking to have the trial moved, if they think it will help them win the case. Having a good personal injury attorney on your side makes all the difference in your outcome. The plaintiff’s attorney needs to be experienced enough to counteract the measures.”

If you were injured as a direct result of someone’s negligence, you have the right to file a California personal injury claim.In many cases, the defense will offer a settlement before the case goes to court. Once the settlement has been awarded, you’ll be able to use the funds to make up for any financial hardship you suffered as a result of the incident and injury.

 

 

FDA Discovers Link Between Onglyza and Heart Failure

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Whenever the FDA announces that they’re going to investigate a drug they’ve already approved, everyone holds their breaths and hopes it’s not one they’re currently taking. FDA involvement is not a good thing, it means that there have been side effects that the concern the organization and that weren’t reported as well as they should have been.

The prescription drug that came to the FDA’s attention early in 2014 was Onglyza, a medication that is designed to help patients with Type 2 diabetes. While Onglyza has been very good at improving the health and quality of life of individuals with type 2 diabetes, there are also reports of it being linked to terminal heart failure.

heart-failure-300After the investigation ran its course, the FDA reported on April 5, 2016 that there was an increased risk of anyone taking Onglyza needed emergency treatment for heart failure. Based on their findings, the FDA ruled that the stronger warning labels needed to be attached to the prescription bottles so individuals taking the drug could decide for themselves if the benefits were worth the risk. Those labels should already be in place and doctors should soon be better educated about the potential Onglyza side effects and accurately describe them to their patients.

In the official statement, the FDA said that, “type 2 diabetes medicines containing saxagliptin and alogliptin may increase the risk of heart failure, particularly in patients who already have heart or kidney disease.” This includes Onglyza.

The way that Onglyza is supposed to work, is that when a patient eats a meal, the prescription drug stimulates the pancreas, encouraging it to produce the insulin needed to maintain healthy blood sugar levels.

While Onglyza was in clinical trials, there were at least two times when it was tesed on patients who had a history of heart disease. During the course of the trial, the primary investigators noted that there more patients who took Onglyza needed to be hospitalized for heart related problems than the placebo group. 3.5% of the patients who took Onglyza had to go to the hospital, while only 2.8% of the placebo group required the same kind of care during the clinical trial.

Additional drug side effects connected to Onglyza include allergic reactions, pancreatitis, and severe joint swelling and pain.

heart-attackEven though this is the first time that the makers of Onglyza have received a formal warning about making sure patients and the medical community are aware that heart failure could be one of the side effects, it’s not the first time the courts have heard about the problem. The number of lawsuits and complaints is why the FDA launched the investigation. Still, courts and law firms all over the country expect this latest Onglyza news to trigger a wave of Onglyza lawsuits. Since it was never clear that the prescription drug might trigger heart failure, it’s likely that some patients who used the drug didn’t consider that the drug might be the reason why they started experiencing heart problems.

If you take Onglyza and have had heart failure episodes, that you feel may be connected to the drug, you should contact an experienced attorney and learn about your legal options. Make sure you do this before the statute of limitations, which differs from one state to another expires.

 

Arnold Schwarzenegger Accused of the Wrongful Death of Deceased Prisoner

On October 22, Arnold Schwarzenegger found himself involved in a wrongful death case when he was served legal papers that accused him of negligence leading to the wrongful death of a prisoner who was incarcerated during Schwarzenegger’s time as California governor.

 

During his incarceration, the prisoner contracted “Valley Fever” which eventually cost him his life. According to the papers filed by the family, they believe that the prison employees failed to take the proper steps to ensure the disease didn’t spread through the prison population, and if they had the man would still be alive today.

 

A look at the legal papers reveals that there was an increase in the number of Valley Fever infections in the prison population during the mid-2000’s which steadily turned into an epidemic.

 

The lawyer who prepared the lawsuit did a beautiful job of making sure all the important information was included in the paperwork. Information about what causes Valley Fever, and airborne fungus, as well as how much higher the number of cases of Valley Fever were in both the Pleasant Valley and Avenal state prisons were than compared to other communities. The basis of the lawsuit is that not enough was done to prevent the disease from spreading through the prison population.

 

The prisoner named in the lawsuit filed against Arnold Schwarzenegger, Rodney Taylor Sr., didn’t deserve to die during his incarceration. He’d been an inmate at Avenal State Prison since 2010. His crimes were drug offenses, nothing violent. While there he contracted a severe case of Valley Fever which caused him to be hospitalized. He succumbed to the illness in 2014 at the age of 47.

 

In addition to Schwarzenegger, the lawsuit was also filed against two employees directly involved with California’s Department of Corrections and Rehabilitations, Mather Cate and James D. Hartley.

 

It’s sad to think that Rodney Taylor Sr. is just one of the people who has what in legal speak a wrongful death. A good wrongful death attorney in Tampa will tell you he is just one of many. It’s estimated that in a single year, as many as 90,000 deaths in the United States are the result of medical malpractice.

 

A wrongful death attorney in Tampa can’t bring your loved one back to life, but they can help you take the legal action needed to ensure that their death wasn’t in vain. Helping you file a lawsuit and bring the individuals who neglected to save the life of your loved one to justice is the best way of ensuring no other family suffers the way that you have.

 

When someone you know has suffered a wrongful death, you don’t want to waste time. It’s in your best interest to contact a wrongful death attorney in Tampa as soon as possible. When you delay, you run the risk of witnesses forgetting details and evidence accidently getting lost or destroyed, all things that could make it impossible for you to win the case.

Contact us today if you’re in need of a wrongful death lawyer. We’re ready and willing to lend all the assistance you need!

 

 

What is medical malpractice and how do I make a claim?

There is no denying that most of our doctors and nurses that work in our hospitals to a great job and we love them. However, unfortunately even the best doctor can make a mistake. These mistakes can be costly when it comes to you or one of your loved ones health.

It takes many years of experience, training and education to become a medical professional and to ensure each patient is receiving the treatment they deserve.

Whilst the majority of medical professionals give exceptional treatment day in and day out, they can still make mistakes (they are only humans after all).

As these mistakes can be so costly, knowing your legal rights is very important in order to receive the compensation you deserve. Here we will discuss some of the important things you should be aware of when dealing with a medical malpractice cases.

What is medical malpractice?

Medical malpractice is when a medical professional makes an error which causes harm to a patient. This can be through an action or a failure to act and often results from a flawed diagnosis, improper treatment or treating a patient without their full permission.

There are usually 3 common types of medical malpractice claims. An incorrect diagnosis or failing to diagnose an illness altogether is one type of medical malpractice.

The second type is where the doctor causes harm through an incorrect or poorly implemented procedure that a competent doctor would have done differently.

Another common type of medical malpractice is where the doctor has failed to properly communicate all the risks involved of a treatment or procedure.  

Medical malpractice law and legislation

It can be difficult to try and determine if you have a medical malpractice case without having a working knowledge of medical practises. It is also be hard to determine who might be at fault.

Lawyers and the courts can use certain tests and standards which have been developed by the legal system to decide who exactly is to be held responsible. The person who is found responsible will be required to financially compensate the individual who sustained the injury.

Medical malpractice law suits can often be very complex, extremely expensive and time consuming. The laws are designed to protect patients by helping them receive the compensation they deserve. There are slightly dissimilar legislations in different states.

Some states have passed legislation which makes it difficult to win medical malpractice cases. Some states have put caps on the amount of damages and attorneys’ fees that can be awarded. There is also often a time limit which is usually around 2 years for filing malpractice suits.

Claiming medical malpractice

In order to make a medical malpractice claim there are some things that you, the injured patient, will have to prove to establish that negligence has taken place.

Firstly, and it sounds quite obvious but you will have to prove that he or she has actually been your doctor. To do this you need to find records that they have been your doctor and you hired them to diagnose and treat your complaint.

You will also need to prove that the medical professional has done something negligent. This means that you will have to find evidence that a competent medical professional would have done something differently in order to achieve better results.

Another important aspect which you need to establish is that there is a connection between the personal injury of the patient and the doctors’ deviance from the standard of care. To do this you will need to hire another doctor or an expert who would testify that this is the case.

Finally you need to prove that you were harmed i.e. you suffered physically or mentally and you had to pay for more medical treatment or that you suffered loss of earnings.

An estimated that 200,000 patients die from medical mishaps in the United States every year. But with only around 15% of the personal injury lawsuits filed each year and only 20% of those actually receiving anything, contacting a personal injury lawyer is paramount.  

An experienced personal injury attorney will discuss with you the strengths and weaknesses of your case and work out with you the best way to proceed.