Blog Posts in 2017
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Who Is Liable for a Trucking Accident?
Posted By Kempton & RussellContinue Reading
A crash involving a large commercial truck is typically more devastating than a collision between passenger vehicles. Since a commercial truck is massive in size and weight, these types of accidents lead to serious injuries and fatalities. Depending on what had transpired in your trucking accident, there may be several parties who can be held liable for your damages, such as medical expenses, lost ...
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Put an End to Insurance Bad Faith Tactics: Here's How
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Most people buy insurance to protect themselves against economic losses associated with personal injuries or property damages, or even the possibility of a lawsuit that will result in losses. In exchange for paying premiums, a policyholder is owed a wide range of duties by the insurance company, such as provide coverage and uphold the terms of the policy. However, there are many cases in which an ...
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What Are the Missouri Statute of Limitations?
Posted By Kempton & RussellIf you sustained an injury caused by someone else’s negligence, you have a right to pursue fair and just compensation for your injuries. However, there is a limited time frame, also known as the statute of limitations, during which you must file this claim. If the time runs out according to the Missouri statute of limitations, you will no longer be able to file your claim and, therefore, will lose ...Continue Reading -
Can I Sue the Hospital for Medical Malpractice?
Posted By Kempton & RussellWhen patients sustain injuries while under the care of medical professionals, they can seek compensation for their injuries by filing a medical malpractice claim. However, this is not always straightforward. If your injury occurred in a hospital setting, it is possible that you can hold the facility liable for your injuries, though there are some circumstances in which the hospital might not ...Continue Reading -
Electronic Medical Records and Medical Malpractice Cases
Posted By Kempton & RussellPrior to the advent of personal computers, all medical records were written by hand. Whenever an attorney needed to review medical records in medical malpractice cases, he or she would have to rely on the handwriting of doctors to understand more about the case. However, it has now become easier than ever to spot deficiencies in the standard of care by reading electronic health records (EHR). In ...Continue Reading -
Common Preventable Medical Errors
Posted By Kempton & RussellAccording to The Journal of the American Medical Association, almost a quarter of active-care patient deaths were rated as at least “possibly preventable by optimal care.” Around 6% was rated as “probably or definitely preventable.” This means anywhere from 6% to 23% of patient deaths could have been prevented with better care. Likewise, as high as 74% of medical errors not resulting in wrongful ...Continue Reading -
Road Rage Liability
Posted By Kempton & RussellRoad rage is defined as aggressive or angry behavior exhibited by a vehicle’s driver. If you see someone making rude gestures, giving verbal insults, making physical threats, or using dangerous driving methods to target another driver, he or she is guilty of road rage. This behavior has always been an issue with drivers around the country, and it can often cause a variety of vehicle accidents. The ...Continue Reading -
Amusement Park Accidents
Posted By Kempton & RussellMany children have fond memories of going to an amusement park and enjoying the food, attractions, and rides there. However, they were likely unaware of the dangers of such a location. Amusement park rides, such as roller coasters, water slides, bumper cars, and spinning rides, cause thousands of injuries each year. From cuts and bruises to broken bones, severe head trauma, and even death, ...Continue Reading -
Medical Malpractice Reforms Could Be Hurting Patients
Posted By Kempton & RussellHR 1215, also known as the “Protecting Access to Care Act of 2017,” is bill created to put dollars over patient safety. The bill caps non-economic recoveries at $250,000. This means if someone was critically injured by a negligent physician, that person wouldn’t receive more than $250,000 for pain and suffering or loss of enjoyment of life. While many might seem like this is a lot of money, ...Continue Reading -
Doctors Are Fatally Overprescribing Opioids
Posted By Kempton & RussellPart of a physician’s job is to treat a person’s illness and help them manage any painful symptoms while the illness is being targeted. For example, if a person breaks his arm, his doctor should treat the break, bandage the arm, and prescribe pain medication mild enough to help the man cope with the painful side effects of the bone break. However, many narcotic pain medications are made from ...Continue Reading -
EpiPen Recall
Posted By Kempton & RussellThe FDA released an announcement earlier in March alerting consumers to a recall of Mylan’s EpiPen and EpiPen Jr products. The manufacturer of the epinephrine injection devices voluntarily recalled 13 lots of these auto-injectors. The device was manufactured by Meridian Medical Technologies and distributed by Mylan Speciality. EpiPen products are auto-injectors used for emergency treatment of ...Continue Reading -
Liability and 3D Printing Medical Devices
Posted By Kempton & RussellThree-dimensional (3D) printing involves building solid, 3D objects from digital models using an additive process in which successive layers of material are assembled on top of one another to create the desired device. Materials involved in printing include plastic, metal, medication, and even human tissue. Currently, these devices are particularly expensive. However, as 3D printing becomes more ...Continue Reading -
PTSD caused by TBI
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A traumatic brain injury (TBI) is caused by a sudden blow or sharp jolt to the head. Often, this type of injury occurs during a traumatic event, such as an accident or a fall. As such, post-traumatic stress disorder (PTSD) may develop in the aftermath of sustaining such an injury. Unfortunately, many symptoms of TBIs and PTSD overlap, making it difficult to assess what the underlying problem is. ...
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I Was Hit by an Uninsured Driver, What Can I Do?
Posted By Kempton & RussellCar accidents are incredibly common, which is why it is the legal necessity for every driver to have car insurance coverage. However, in the event that the driver who hit you is not insured, the urgency of the situation drastically increases. In these instances, your own insurance company will be held responsible in paying for any and all expenses incurred--if and only if you have obtained ...Continue Reading -
How Long Does Whiplash Last?
Posted By Kempton & RussellWhiplash, though common, is incredibly painful and debilitating to those who suffer from it. It generally occurs following a rear-end car accident, as the injury is a result of the head being jolted forward and then snapping back. Sometimes, sideways movements may cause whiplash if they are severe enough. These kinds of sudden movements in the neck may result in the delicate tendons and ligaments ...Continue Reading
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