Recent Blog Posts in June 2010

According to a recent survey, over ninety percent of doctors say that they overtest and overtreat as a way to protect themselves from medical malpractice lawsuits. The findings of the survey aligned with another published by the Associated Press that found that emergency room doctors overtreat in order to avoid malpractice suits.

The survey asked simply, "Do physicians order more tests and procedures than patients need to protect themselves from malpractice suits?" and, "Are protections against unwarranted malpractice lawsuits needed to decrease the unnecessary use of diagnostic tests?" Not surprisingly, ninety-one percent of doctors answered "yes" to both statements.

Dr. Tara Bishop found the results to be quite accurate.  She said, "When you sit around at a dinner party with doctors, malpractice fears and a kind of hatred of the malpractice system really comes up as a common theme." Overtreatment costs the US healthcare system billions of dollars every year.

If you have been the victim of medical malpractice, consult with a North Carolina personal injury lawyer by contacting the Lanier Law Group today!

A car accident in Charles County has left one teenage boy seriously injured and killed another. 16-year-old Nathan Fiske of La Plata was riding in a Ford Crown Victoria down Mitchell Road when the car went out of control and slammed into a tree at Carmelita Drive. Fiske died at the scene in the early afternoon according to police.

The driver, a 19-year-old male from North Carolina was also seriously injured in the crash. He was hospitalized with what police described as life-threatening injuries. The cause of the accident remains uncertain, but it appears that the 19-year-old was speeding at the time of the incident, the Charles County Sheriff's Office reported. Both teens were wearing their seat belts when the crash occurred.

If you have been injured or someone you love has been killed as a result of another person's negligence, contact the Lanier Law Group to discuss your case with a North Carolina personal injury attorney.

In Orlando, Florida, a woman that became infected with HIV after receiving a kidney transplant is planning to file a medical malpractice lawsuit against Lee Memorial Health Systems.  According to the plaintiff, 55 year old Karen Cruz, the health care facility was negligent and deviated from the standard of care.

Cruz said, "Everybody in dialysis waits and dreams when you get the call that says we got a kidney for you. But the greatest gift is to get a live kidney from a donor."  On August 29^th, Cruz went to Southwest Florida Regional Medical Center to undergo transplant surgery.  For her, the transplant had been long awaited. Never in her wildest dreams did she expect what would happen following the organ transplant.

According to Cruz's personal injury lawyer, the donor's blood was tested for HIV and other diseases on August 14, 2007.  On August 24^th, the tests came back positive for HIV, yet doctors allowed the transplant o take place.

In 2009, Cruz's lawyer contacted her and told her about the results of the blood test.  Based on the test, it was assumed that Cruz might have become infected with HIV.  It was later revealed that Cruz was, in fact, HIV positive.

Cruz told news sources, "I have not been able to enjoy not one minute of life since I got off that operating table. I have been so sick, it's unreal… It makes it very difficult to trust any doctor for me. I would have to be on my deathbed to say yes to any surgery today."  In order to stay alive, she says she must take at least 20 pills a day. 

At this time, she is seeking monetary compensation from the medical facility to cover her current and future healthcare costs.  Her medical bills exceed $100,000, but in the state of Florida, medical malpractice claims are capped at $100,000.

If you have been a victim of medical malpractice, now is the time to speak with a North Carolina personal injury attorney.  Contact the Lanier Law Group now!

News sources report that Joe Jackson is going to file a wrongful death claim against his son's physician, Dr. Conrad Murray.  Recently, Jackson's attorney sent a document prerequisite to filing a wrongful death lawsuit to the doctor.  In the paperwork, the attorney asserts that the doctor consumed alcohol hours before he administered Michael Jackson with a lethal dose of Propofol, an anaesthetic.  After the drug was administered on June 25, 2009, the pop star died. 

Joe Jackson's lawyer wrote, "Prior to treating Michael Jackson, (the) defendant was at a strip club called Sam's Hofbrau in Los Angeles where he had been drinking."  He said that it was reckless for the doctor to drink alcohol before treating Jackson and also said that Murray concealed his conduct from the legendary singer.

In the lawsuit, Joe Jackson has asked that his lawyer list the medical conditions that his son suffered from due to the drugs that Murray administered.  He believes that his son suffered from "neurological, pulmonary, and anaemia signs over several weeks prior to his death."  It is asserted that the signs were obvious, but ignored by Murray who continued to give Michael drugs.

Are you thinking about filing a North Carolina wrongful death claim?  If so, now is the time to contact the Lanier Law Group and get legal insight from a North Carolina personal injury attorney!

In South Carolina, police are investigating a recent car accident, which led to people suffering injuries in North Charleston.

According to officers, the accident took place this past Sunday at 9:30 PM in front of Trident Technical College.  Police say that they noticed a Ford Explorer had crashed into a guard rail while entering I-526 from North Rhett Avenue.  Instead of stopping, the driver of the Explorer continued to travel on Rivers Avenue and ran stop lights.  The driver also began to speed.

Officers tried to stop the driver, but were unsuccessful.  The driver continued to speed and eventually crashed into another vehicle before losing control.  The final collision occurred on Rivers Avenue and Mabeline Road.

At this time, law enforcement agencies have not released the identity of the driver or the names of the people who suffered injuries during the auto accident.  Due to the severity of the accident, part of Rivers Avenue had to be shut down temporarily and traffic was detoured.

Anytime people have suffered injuries during a car accident in North Carolina, they should obtain the services of a North Carolina personal injury lawyer from the Lanier Law Group.  Contact our legal team now!

If you have been injured by a medical professional, you may be wondering how you can take legal action.  However, what you must realize before proceeding with your claim is that medical malpractice cases are very complex.  Additionally, in order for your claim to be successful, you will need to prove medical negligence caused your injuries.  To do this, will need to show the court that:

-  There was a doctor/patient relationship
-  The medical professional that treated you did not provide the acceptable standard of care that is expected by the medical community
-  You suffered an injury as a direct result of the medical professional's negligence and deviation from the acceptable standard of care

As you can imagine, these case elements can be difficult to prove on your own.  For this reason, you will want to secure representation from a North Carolina personal injury attorney that is experienced and knowledgeable in this unique area of law, like the attorneys at the Lanier Law Firm.  Contact us today to discuss your medical malpractice case.

Below, the Lanier Law Firm answers questions that are asked quite frequently in relation to personal injury law:

What is personal injury?
Personal injury is a niche area of law that governs accident and injury cases.  When people have suffered damages, whether physical, emotional or financial, they have the right to file a personal injury claim if their damages can be attributed to third party negligence.

What compensation can be received for a personal injury claim?
Generally speaking, there are two types of damages people can receive:  compensatory and punitive.  Compensatory damages are meant to cover people's hospital bills, lost wages and property damage.  Punitive damages are awarded for people's pain and suffering and emotional trauma.

Do I need a personal injury lawyer?
Yes, you absolutely need a personal injury lawyer if you are planning to file a claim.  It is well-known that when people have a litigator on their side with immense personal injury law experience, they stand a better chance of winning or settling their claims.

If you have been injured in the state of North Carolina and would like to discuss your legal options, contact the Lanier Law Firm to speak with a North Carolina personal injury attorney from our team.

News sources are reporting that Nadya Suleman has agreed to settle a worker's compensation lawsuit.  Suleman, who is well-known for giving birth to octuplets and dubbed "Octomom", agreed to settle an injury claim she filed against a hospital where she used to be employed.

As part of the settlement, Suleman will receive $40,000 from the Metropolitan State Hospital, which is located in Norwalk.  In 1999, Suleman was working at the medical facility as a psychiatric technician.  While employed, she suffered a back injury during a disturbance at the hospital.  She came back to work briefly, but then left and collected disability from 2000 to 2008.  During that time span, she received $170,000 in disability payments.

After her attorney's fees and permanent disability payments are deducted from the settlement, Suleman will collect $23,120. 

Need assistance with a worker's compensation matter?  If so, contact the Lanier Law Firm and set up a time to speak with a North Carolina personal injury lawyer.

This week, police arrested a 43 year old man by the name of Randolph Stein for elder abuse.  Police say that Stein had punched his 75 year old father in the face, prompting his arrest for assault.

On Saturday, police came to Stein's residence at 7:00 PM and placed him under arrest.  Officers were called to the residence when someone called to report yelling and loud thumping.  After police came to Stein's home, they say he appeared agitated, but said no one was in danger despite loud noise reports.

Police then entered Stein's home and saw that his father was there with a large bruise under his left eye.  Officers questioned the elder and he told them that his son tends to flip out on him and scream at him.  After much prodding, he finally admitted that his son punched him with a closed fist the night before. 

Stein was placed under arrest, charged with elder abuse and held on a $10,000 bond.

If you or a loved one has been a victim of physical abuse while in a nursing home or while receiving assistance from a caregiver, you should contact the Lanier Law Group to speak with a North Carolina personal injury attorney.

After seven reported dog bite incidents in Scranton, postal workers have been warned about the dangers dogs present.  Recently, one postal worker from the city was bitten by a chocolate Labrador that managed to break through an invisible fence.  The Lab bit the worker's leg and even punctured the can of mace that the worker was carrying.  Her injuries led to her having to take one week off of work.

According to the Center for Disease Control and Prevention, postal workers are not the only people who are attacked by dogs.  In fact, each year, dogs bit 4.7 million people in the United States.  On an annual basis, 800,000 people in the country need to seek medical attention after being bitten by dogs - half of those people happen to be young children.  The CDCP reports that 368,000 people require medical treatment after dog bites and that 16 die each year after being attacked by canines.

If you have been bitten or attacked by a dog in North Carolina, contact the Lanier Law Group and set up an initial consultation with a North Carolina personal injury lawyer.  In some cases, you may be entitled to monetary compensation for the injuries and suffering you incurred.

In Shelby, North Carolina, a North Carolina Highway Patrol trooper is reported in stable condition after being involved in a car accident.  News sources say that the trooper suffered injuries while pursuing a suspect last week Thursday.

According to police investigators, trooper L.T. McCraw was in the process of chasing a driver that was driving recklessly when he crashed on Charles Road.  The accident occurred at approximately 7:00 PM.  Police say that the accident ensued after a car that was not involved in the chase turned left in front of McCraw's vehicle, causing both vehicles to run off of the road.

In order to save the trooper, rescue crews had to use the Jaws of Life.  They say it took 45 minutes for crews to remove trooper McCraw from his car.  He was then airlifted and rushed to Carolinas Medical center.  Later, police reported that McCraw suffered a broken leg, cuts and several bruises.  The other driver was not injured.

Were you involved in a car accident that left you with painful injuries?   If you answered "yes", contact the Lanier Law Group to arrange to speak with a North Carolina personal injury lawyer.

In Montville, it is reported that an auto accident led to a pair of construction workers suffering injuries.  The accident occurred on westbound Route 80 and caused major traffic delays, said State Troopers.

Police said the accident occurred after a car traveling west on Route 280 entered a construction zone.  While entering the zone, the vehicle hit a State Police cruiser and 2 workers.  One of the workers, 46 year old Daniel Cotter, had to be taken to a nearby hospital to be treated for serious injuries.

47 year old Trooper James Duffy and the other construction worker were taken to the same hospital to be treated for minor injuries.  Police say that the driver, 28 year old Phillip Heron, had minor injuries from the accident.

Heron was charged with driving while intoxicated and cited for traffic violations.

This week, a former police officer by the name of Wilfredo Rosario was convicted of sexual abuse.  He was accused of sexually abusing two women who he lured with promises of applications for jobs and also programs for their children.

Now, Rosario is facing up to seven years of jail time for his sexual abuse offense and other charges.  In January, 41 year old Rosario was convicted after he told an 18 year old that he would destroy a court summons against her if she gave him oral sex.  After his conviction, he was dismissed from his job as a police officer. 

If you have been a victim of sexual abuse, it is important that you retain legal representation immediately.  You have the right to protect yourself and also to take action against the person that has abused you.  Sometimes, exercising your legal rights is the only way you can stop abuse.  To get help from a North Carolina personal injury lawyer, contact the Lanier Law Group today.