Category: Personal Injury

Dec 23, 2016 - Personal Injury by Cross & Smith

Selection of jurisdiction and venue is one of the most important factors in the value of any case. The jury venire, rules of court, and judges are all considerations. We typically prefer state court, but sometimes choose to file the case in federal court if there is diversity of jurisdiction. We often do so because the state venue may be more conservative. For instance, the Western Division of the Northern District is made up of at least three counties that are historically far more liberal than Tuscaloosa County (Greene, Pickens and Sumter). The jury venire is drawn from the Western Division, which includes these three counties. An additional factor involves expert testimony. Under the Federal Rules of Evidence, expert witnesses are permitted to give opinions as to the ultimate issue in the case. We handle a number of cases in Mississippi. My law partner, Justin Smith, is licensed to practice in Mississippi. Occasionally, we have cases that allow us to choose between the two states. In those instances, we compare and contrast the available venues in both states and consider any evidence of negligence on the part of our client. Mississippi is a pure comparative negligence state while Alabama has maintained contributory negligence as a defense. We believe it is imperative to explore all options regarding venue in state court. For better or worse, the county where the case is filed will play a significant role in the evaluation by both plaintiff and defendant. We owe it to our clients […]

Dec 19, 2016 - Personal Injury by Cross & Smith

In every personal injury case, the goal should always be to achieve the maximum value available based on the applicable liability and damages. Personal injury claims involve both special and general compensatory damages and punitive damages in cases involving wantonness. There are numerous factors to be considered in evaluating a personal injury case, including the basis for fault, whether negligence or wantonness, the type of injuries and medical treatment, the amount of special damages, especially medical expenses and lost income, availability of collateral source payments, the extent of permanent injury and disfigurement, jurisdiction and venue, whether the defendant is an individual or corporate entity, and the appearance and demeanor of plaintiff and defendant. The preparation and handling of personal injury cases encompasses all of these factors, but we have found that certain activities and factors play a large role in achieving the maximum value. Although certainly not an exhaustive list, the following considerations are ones that we believe and have found to be particularly important. Investigation An investigation conducted before and after suit is filed often yields information that can greatly increase the value of a case. The information can be gathered from several different sources. As an initial matter, we routinely research Alacourt, Accurint, Motor Vehicle Reports, and Pacer to obtain information regarding the prior history of defendants and/or employees of defendants. Information regarding residency, employment history, criminal records, civil lawsuits, driving records and bankruptcy filings are available from these sources. The information derived from these sources often leads […]

Nov 25, 2016 - Personal Injury by Cross & Smith

Few things are more impressive than watching a surgeon run between multiple surgical arenas and save many lives at once on television medical dramas. Surprisingly, this practice is not necessarily fiction. Known as concurrent or double-booked surgeries, the practice probably threatens successful surgical outcomes more easily than it saves lives. In March 2016, the Boston Globe reported that Senator Orrin Hatch initiated an investigation into this practice, specifically related to one hospital, but then extending to other hospitals. Concurrent surgeries are a relatively common practice across the U.S., particularly in the area of orthopedics. In some cases it is permitted to a limited degree, but surgical patients need to be aware of it and know how to help protect themselves. Key Points About Concurrent Surgeries It is not uncommon for surgeons to move from one surgical procedure to the next, leaving the final steps to other members of the surgical team. In fact, even Medicare views the practice as acceptable, as long as surgeons are present for critical or key portions of the surgery. Unfortunately, the investigation uncovered unacceptable practices, such as the following: Patients left under anesthesia, waiting for the surgeon to arrive from another procedure Key portions of procedures performed by unsupervised medical residents Surgical procedures rushed due to double-booking Surgeons who fail to respond to urgent situations in one of two booked surgeries Surgeons performing concurrent surgeries at different facilities miles apart Patients who are not informed that their procedures are scheduled concurrently with other patients It […]

Nov 18, 2016 - Personal Injury by Cross & Smith

The potential long-term risk from concussion injuries from football and other sports is no longer news. The media has done an impressive job of reporting how concussions can lead to serious limitations later in life, particularly when victims return to play without permitting proper healing time. Unfortunately, parents may not realize that concussion risks extend well beyond sports playing fields. A recent NBC article has alerted the public that playground concussions are on the rise. They report that the Centers for Disease Control (CDC) says that accidents on playground monkey bars and swings are sending children to emergency rooms at an increasing rate with brain injuries. Precautionary Measures Can Help Reduce the Risks of Playground Accidents Few parents would send their children out to the homes of friends without knowing that the people and home are safe. Playgrounds may be designed for children, but parents need to perform due diligence to ensure that any facility is appropriate for their children. The following tips may not absolutely eliminate the chance of injury, but they can help reduce the risks: Become familiar with each playground. Do not assume that all playgrounds are equal in terms of safety. Before allowing children to use a specific playground, parents need to check for safe conditions, such as soft surfaces and equipment in good repair. Assess equipment based on the child’s age. The National Program for Playground Safety offers tips for assessing equipment based on the size and ability of children. Playgrounds can be important tools […]

Aug 12, 2016 - Personal Injury by Cross & Smith

Commercials for dental offices are becoming more common on television and radio, and the big sell appears to involve no pain through the use of general anesthesia. Like any dental patients, our Tuscaloosa accident attorneys support the overall concept of pain-free dental visits. However, we also believe that the delivery of anesthesia in dental offices should follow the same strict standards observed in hospital operating rooms. Strict Standards Might Have Prevented Recent Child Fatalities In a typical operating room, surgeons are responsible for performing operations, but anesthesiologists are responsible for closely monitoring patients throughout the procedure. Since dental offices often leave all responsibilities in the hands of one oral surgeon focusing on the procedure, things can go very wrong, such as what happened last year in California, when ABC 10 News reported the death of a 6-year old boy during a tooth extraction. Allegedly, no one noticed that he stopped breathing until it was too late. A dedicated anesthesiologist in the room might have prevented this death, along with several others that occurred in California in the same year, and a new law that should tighten up dental office anesthesia requirements (Caleb’s Law), has moved to the CA Senate floor this month. Meanwhile, anyone in Alabama considering the use of general anesthesia for dental procedures needs to know the regulations that are in effect in this state. The Alabama Dental Practice Act states that the use of general anesthesia is permitted when dental practitioners meet certain qualifications, including the following: […]

Jun 17, 2016 - Personal Injury by Cross & Smith

In many ways, anesthesia makes surgery possible, since few patients would agree to undergo any type of surgical procedure without some form of pain management. In fact, whether it involved chewing coca leaves, ingesting herbs or undergoing acupuncture, anesthesia has been used as long as humans have existed on earth. Things have come a long way since early pain management practices, and today’s anesthesia is generally very safe. However, the Mayo Clinic presents a long list of general anesthesia risks that patients can face. Those often-unavoidable risks pertain largely to existing health factors, histories of past adverse reactions and histories of smoking or alcohol use. However, our Tuscaloosa personal injury lawyers have seen cases when anesthesia-related injuries might have been prevented with appropriate medical care. Anesthesia Errors Can Occur During Any Surgical Procedure Any procedure that requires pain management can be subject to anesthesia errors — whether it involves major surgery in a hospital, routine procedures performed in surgical centers or possibly even relatively minor care delivered in the doctor’s office. While it is certainly possible for patients to have unpredictable bad reactions to anesthesia, the following are examples of negligent acts: Failure to obtain accurate medical histories: Knowing that a patient has drug allergies, is a long-term smoker or drinker or suffers from any number of medical conditions can affect the choice of anesthesia or even prohibit the use of anesthesia altogether. Insufficient patient monitoring during procedures: Anesthesiologists and anesthetists have to do much more than keep patients asleep […]

May 17, 2016 - Personal Injury by Cross & Smith

With the Food and Drug Administration and even our local health departments on the job, it is logical to assume that the food we eat is generally safe. While no Tuscaloosa injury attorney at our firm would advise clients to view all food with suspicion, the Centers for Disease Control and Prevention estimate that foodborne diseases cause nearly 797,000 illnesses, 2,000 hospitalizations and 50 deaths each year, according to Alabama Public Health. When more than one person experiences gastrointestinal symptoms after eating the same food from a public facility or even from their own kitchens, it is probably not a case of stomach flu. One Kitchen Allegedly Sickened 86 Alabama Children at a Daycare In June 2015, WHNT News reported that 86 children under the age of 10 sought hospital treatment after suffering significant digestive upsets at their daycare center. As many as 30 of the students were hospitalized. The illness came from two facilities that were both served by the same kitchen. Investigative testing revealed Staphylococcus Aureus Toxin (known to cause staph infections) in foods from both facilities. However, some questions appeared to remain pertaining to the possibility of food cross-contamination, since the samples came from garbage cans within the facilities. Still, the children displayed the following symptoms, which are common to staph infections: Vomiting Diarrhea Nausea Cramps Lethargy The Staphylococcus Aureus Toxin is a bacterium that is commonly caused when handlers contaminate food products that require no additional cooking, such as salads and sandwiches. Contamination can come from […]

Feb 26, 2016 - Personal Injury by Cross & Smith

Physical abuse of the elderly is a recognized issue for seniors placed in the care of others, whether in nursing homes or through in-home care. Even individuals who receive acceptable levels of physical care, however, may be victims of financial abuse. When the money runs out, the physical care ends as well. Certain Alabama statutes now recognize the crime of elder financial abuse and impose penalties, but each Tuscaloosa injury attorney at our firm believes that more preventive types of laws might help seniors avoid destroying their golden years. Three Common Forms of an Underreported and Growing Crime No accurate statistics identify the severity of the senior elder abuse problem, but most experts in the field agree that it is underreported. During a time when increasing numbers of aging baby-boomers now need senior care, the problem is undoubtedly getting worse. Recent estimates indicate that seniors might be losing an average of $30,000 from financial abuse. The following three types of financial abuse are most common: Nursing home theft: Elderly individuals living in residential care have virtually no privacy or security. Caregivers and even other residents have full and frequent access to rooms, making them ripe for theft of everything from personal valuables to financial documents. Phone and computer scams: Anyone living at home is susceptible to scammers who prey on them over the phone, at the door or on their computers. Scammers often count on even minor diminished mental capacity of individuals who willingly hand over massive amounts of money, […]

Dec 11, 2015 - Personal Injury by Cross & Smith

Patients who obtain care from a number of different medical professionals face a distinct risk that the variety of treatments they receive might conflict with treatments from prior doctor visits. Under the current health care law, healthcare providers are expected to use Electronic Medical Records (EMRs), which can help avoid health care conflicts by providing all doctors with comprehensive electronic record access for any patient. While each Tuscaloosa injury attorney at our firm recognizes the clear benefits of better communication between medical providers, we believe that EMRs can potentially reduce communication between the providers in the same facility. Patients need to monitor any provider’s recording practices, particularly during the early phases of complex EMR system use. Complex EMR Systems Can Shift Focus Away From the Patient When used properly, EMRs can enhance communications between all providers who treat a particular patient. However, these systems are more complex than the traditional clipboard. In some cases, provider attention shifts from the patient to the EMR, and when that occurs, accidents can happen. In a Wall Street Journal opinion piece, a noted doctor asserts that EMRs are killing and injuring people, largely due to this shift in focus. He cites an example of a patient in a world-famous university who sustained injury over a relatively simple issue of intravenous fluid administration. In essence, this patient alternatingly received too much fluid or not enough over a three-day period, eventually resulting in significant injury. It appears that the hospital staff members were so chained to […]

Nov 27, 2015 - Personal Injury by Cross & Smith

November might not be the ideal time to jump into an outdoor swimming pool, but with local high temperatures ranging at nearly 70 degrees, water activities remains a real possibility for boating enthusiasts. Our Tuscaloosa accident attorneys believe that anytime water recreation is possible is a good time to remind people of the dangers of drowning accidents. Just as important, understand that the risk of drowning is very real for adults, as well as for children. Adults May Face Greater Risk of Drowning When Children are in School Even during the summer months, adults are at risk of drowning. According to Alabama Media Group, Alabama saw 69 drowning deaths according to most recent statistics from 2013. Even though drowning is considered to be the number one cause of death in children, that same article cites five drowning deaths within the prior week that involved victims with ages ranging from teens to 63. Once children are back in school, adults often take the opportunity for adult-only boating trips, and they may be likely to engage in more risky behavior when no kids are present. Unfortunately, 2014 statistics indicate that alcohol use is the leading known contributing factor in fatal boating accidents. While these deaths may pertain to intoxicated operators, alcohol use by victims can lead to their deaths, as well. Tips for Preventing Adult Drowning Incidents Whether they ride in motorboats, enjoy personal watercraft, head out in a non-motorized boat or even jump in for a cool swim, adults need to […]