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Sep 11, 2015 - Personal Injury by Cross & Smith

Back in 2012, John’s Hopkins reported that surgical “never events” occur at least 4,000 times per year. These are errors that should never happen because they are easily preventable when surgical staff members take common-sense precautions. At the time, the report was major news within the medical community and our Tuscaloosa personal injury lawyers believed that knowledge of these issues would prevent them in the future. Unfortunately, current reports show that some of these easily-preventable issues still exist today. Some Never Events Still Happen Today Three years after the Hopkins report, JAMA Surgery states that three of these events are still prevalent: • Retained surgical items: Many items are used in surgery and anything from sponges to surgical tools are still being left inside of patients. Taking inventory before surgery begins and again before closing the incision can easily help prevent this type of error. • Wrong site surgery: This type of error can happen most often when a patient has more than one similar site, such as limbs or eyes and the surgeon operates on the healthy site by mistake. A common way to prevent such an accident is to carefully review the patient’s records prior to surgery and then mark the correct surgical site directly on the patient. • Surgical fires: Most surgeries require the use of the “fire triangle,” which is essentially a fuel source (ranging from alcohol-based skin preparation to the patient’s own skin or hair), an igniter (such as a laser) and an oxidizer (commonly […]

Aug 28, 2015 - Personal Injury by Cross & Smith

Take a commonly-used drug, add some serious side-effects and a seemingly-endless number of lawsuits suddenly appear. This phenomenon is not unreasonable — individuals who suffer injury or illness from a dangerous drug deserve compensation that covers their full range of losses. When the number of individual complaints rises into the thousands, however, our Tuscaloosa personal injury lawyers warn that the legal process can become very complex. Valuable Drugs Often Pose Risks Anyone who has ever seen a prescription drug advertisement in a magazine or on TV knows that side-effect warnings seem to make up a large portion of the message. Advertisements for Chantix, a smoking-cessation drug, are a prime example. Warnings seem to focus primarily on mood or behavioral risks, ranging from confusion and anxiety to suicidal thoughts. These black box warnings were mandated by the FDA in mid-2009. Still, most doctors weigh the risks and benefits of any drug to allow patients to make informed decisions. Clearly, an effective smoking cessation drug carries health benefits by helping smokers quit a potentially-deadly habit. One Court, One Drug Company and Thousands of Lawsuits Before the FDA mandate, many Chantix users attempted or actually committed suicide, resulting in the filing of more than 2,500 lawsuits against Pfizer between 2009 and 2012. According to Alabama Media Group, all suits were consolidated within one Alabama federal court, which used a number of methods to virtually eliminate the caseload: • Dismissal with prejudice: About 660 cases were permanently dismissed relatively early in the process. Even […]

Aug 14, 2015 - Truck Accidents by Cross & Smith

Sudden lane shifts and unexpected road debris pose challenges for any motorist maneuvering through roadway work zones. However, such challenges are immeasurably more difficult when behind the wheel of a big rig. Every motorist on the road affects everyone’s safety. To best maintain control, it is essential to obey all work zone laws — and understand the special considerations faced by truckers in these areas. Why Trucks are More Prone to Work Zone Accidents According to the Federal Highway Administration, almost 30 percent of all crashes in roadway work zones involve large trucks. The number of fatalities from these accidents continues to increase, with over 1,000 fatalities and 18,000 injuries occurring in recent years. Semi-tractor trailer trucks are at greater risk than smaller passenger vehicles for a number of reasons, including the following: • Increased stopping distance: Any driver must stop suddenly for road debris or after a vehicle in front of him or her comes to a quick stop. However, smaller vehicles can stop much more quickly than a big truck. Even at reduced speeds, being rear-ended by a truck can result in severe injuries or even fatalities. • Reduced steering control: A sudden lane change can be challenging for passenger car drivers. Truck drivers pulling one or more trailers cannot always make this type of maneuver safely. As cargo shifts and trailers swing, they can hit nearby vehicles or even jackknife. • Tire blowouts: Anyone who has ever seen blown tire parts on the road can imagine that […]

Jul 24, 2015 - Tuscaloosa by Cross & Smith

A primary underlying principle behind the Alabama workers’ compensation system is the elimination of liability issues. With a few exceptions, workers can obtain benefits regardless of whether the worker or employer negligence causes an accidental injury. Of course, this means workers cannot sue employers for negligence, but they can sue negligent third parties. To protect the rights of workers and their families, an experienced Tuscaloosa workplace injury lawyer looks beyond workers’ compensation claims to determine if an outside party needs to be held accountable. A deadly January 2015 construction site accident shows how this might work. Guilt and Negligence Are Not the Same Things According to WVTM-TV, a truck driver hit and struck a young construction worker from behind while he directed traffic in a Birmingham construction zone. The driver admitted that the accident happened because she ran off the road while reaching for her coffee. Perhaps surprisingly, the police decided not to file charges against the driver. In spite of the police decision, the following are reasons why the construction worker’s family may have a good case if they decide to file a wrongful death suit against the driver — and probably her trucking company, as well: • As long as the trucker is not directly connected with the construction company, workers’ compensation liability limitations do not apply. • Police reports would substantiate that distracted driving caused the driver to run off the road. • Distracted driving amounts to negligence, which is a primary requirement for prevailing in a […]

Jul 10, 2015 - Tuscaloosa by Cross & Smith

After a recovery from serious injury on the job, most employees want to put the experience behind them when they return to work. This can seem impossible if an employer starts retaliating in often-subtle ways — just because a worker claimed much-needed benefits that are granted by law. Perhaps more disturbing, some employers use veiled threats to convince workers not to file a workers’ compensation claim, leaving them to find other ways to pay for medical care after a workplace accident. Our Tuscaloosa workers’ compensation lawyers want to clarify that retaliation is illegal at both the state and federal level. It is important for workers to recognize the signs so they can seek the legal help they need to ensure their claims receive fair treatment. Filing a Workers’ Compensation Claim is a Right of Employment With very few exceptions, individuals injured as a result of their employment have the right to file workers’ compensation claims. While most employers handle these claims fairly, some see a claim as a black mark on their record that increases the premiums they pay. Perhaps this kind of thinking was a factor when a supervisor from the New York- and Connecticut-based Metro North railroad took advantage of the time spent driving an injured employee to the hospital to make threats of damaging write-ups on the employee’s record. The injured employee was recording that conversation, according to the New Haven Register. That recording provided evidence of a direct violation of the Federal Railroad Safety Act. In […]

Jun 26, 2015 - Nursing Home Neglect by Cross & Smith

One of the most difficult decisions in life involves placing elderly loved ones in a nursing home. This choice may be essential to ensure their wellbeing and about 90 percent of Alabama nursing home residents and their families rate their facilities as excellent or good. However, it only takes one errant caregiver — or even another resident — to turn a highly-regarded facility into a dangerous nightmare for defenseless seniors. Filing a Complaint is a Multi-Step Process After hearing about abuse and neglect concerns from several viewers, WSFA published a story pertaining to these issues. During their investigation, a representative from the Alabama Nursing Home Association laid out the process that concerned families should follow when they have concerns: • The process begins by expressing concerns to facility administration and then watch for improvements. • If no changes occur, it is time to contact the Alabama Department of Public Health (ADPH). • The ADPH then has to contact the facility and request information about the concerns. • The facility must quickly respond to the ADPH request, which then needs to review the information and decide if they need more information or if they need to perform an on-site investigation, which requires additional time. Although every step of the process has strict time limits, it is easy to expect that senior family members may see little or no relief for an extended time period. During this time, families typically must make numerous visits to their loved ones to help ensure their […]

May 22, 2015 - Personal Injury by Cross & Smith

The Food and Drug Administration (FDA) approves medications for specific uses which are posted on the labels. Less known, however, is the fact that the FDA does not regulate “off-label” prescribing. This term refers to a common practice when physicians prescribe a drug for something other than its intended use. In many cases, off-label prescriptions can be valuable to patient recovery. Still, patients need to make sure they are fully aware of every detail about the prescriptions they are about to take. Reasons Why Physicians Prescribe Medications for Off-Label Purposes Particularly in the case of minor medical conditions, off-label use of prescription drugs can be very effective. For example, a person with a minor external skin irritation may benefit by applying a sore throat medication containing Lidocaine. Even for more serious conditions, however, doctors may prescribe medications off-label in situations such as the following: A lack of a known treatment: A drug may not exist to treat a medical condition, but physicians may be aware of drugs known to help or even cure a condition, even if it is not intended for this particular use. Standard medications fail to work: Perhaps the most common example pertains to cancer. Once patients stop responding to the known treatments for their type of cancer, doctors may turn to other medications that have some potential for prolonging a patient’s life or reducing painful symptoms. Unaffordable medications: Most doctors know that some patients may not fill an outrageously-priced prescription, while others will stretch their dollars […]

Apr 24, 2015 - Workers' Compensation/Work Injury by Cross & Smith

Variety may be the spice of life, but just about every job involves some degree of repetition. Whether individuals perform one part of a manufacturing process or write key reports, proposals or correspondence on a computer for eight hours every day, their activities can put stress on the same part of their bodies. The resulting injuries can be serious — and they typically qualify for workers’ compensation benefits. Repetitive stress injuries (RSIs) do not typically occur as the result of accidents; however, they are conditions that often directly relate to on-the-job activities. The Bureau of Labor Statistics reports them as musculoskeletal disorders (MSDs), which accounted for an alarming 33 percent of all injury and illness cases in 2013. All too often, injured workers need help from our Tuscaloosa workers’ compensation attorneys due to the challenges of substantiating their claims. Common Types of RSIs Anyone who has hammered one too many nails has probably experienced soreness to the wrists and hands. This type of pain generally goes away within a few days; however, injuries like these can become permanent and debilitating for individuals who hammer nails every day. The following parts of the body commonly sustain RSIs that qualify for workers’ compensation claims: Hands and wrists: A number of years ago, Harvard Gazette dispelled the common believe that excessive use of computers can cause carpal tunnel syndrome, which is no longer classified as repetitive stress. Nonetheless, this disorder is common to assembly line workers, and computer use can cause RSIs, particularly […]

Apr 10, 2015 - Personal Injury by Cross & Smith

Using less water and energy than traditional machines, high energy (HE) washers offer many advantages, particularly to families whose children create extra loads. However, the new technology behind these washing machines also requires families to replace their old laundry soap with HE detergent. Although the detergent is offered in traditional containers, many manufacturers also supply it in single-load pods that make them convenient — and potentially dangerous to children. Our Tuscaloosa accident attorneys support new washing machine designs that preserve water. However, parents who switch to low-sud, highly-concentrated detergent pods need to understand the risks. It takes only minor changes to one’s routine to help ensure the pods do not result in a trip to the emergency room. Why Detergent Pods are Riskier than Standard Detergents Traditionally, a box of laundry powder or a bottle of liquid posed a relatively low safety risk to children for three main reasons: The containers are not particularly attractive to children. Small children (and even adults) cannot easily lift the heavy boxes and bottles. Even with some additives for stain removal and brightening, the formulas are not highly toxic if ingested. Detergent pods, on the other hand, are formulated specifically for use with low-water machines. In fact, new machine owners should not use the older detergents. In addition to keeping the suds level low, their contents are highly concentrated and more toxic. The pods themselves are a double-edged sword: they protect the skin from direct-contact with the detergent, but they look like playthings or […]

Mar 27, 2015 - Personal Injury by Cross & Smith

At first glance, the causes of most accidental injuries seem obvious to many people, but this is certainly not always the case. A tragic story in the Las Vegas Review-Journal about a 13-year old Nevada girl who committed suicide after being bullied illustrates how state laws can complicate a case. By Nevada state law, the school was responsible for notifying parents about a known bullying incident, but failed to do so. Thus, the uninformed parents were unable to prevent the suicide. They chose to sue the school for the wrongful death of their daughter. In Nevada, this legal case has a good chance of success. But if the same set of circumstances occurred in Tuscaloosa or elsewhere in Alabama, local personal injury lawyers would potentially face certain legal challenges. Two Concepts Apply When Determining the Cause of an Accident Before determining whether someone’s negligence caused an accidental injury, injury lawyers need to establish a connection between the person’s actions and the accident. This requires proving two things under the law: Cause in fact: This is essentially a direct connection between negligent actions and the accident, noting that the accident would not have occurred, except for the negligence. A clear example of cause in fact in the bullying case fact might be if the school knew about a problem between two children and locked them in a room together to resolve their differences with no adult supervision to protect against physical altercations. Proximate cause: This concept is more complex because it […]