Category: Personal Injury

Oct 23, 2015 - Personal Injury by Cross & Smith

When the Washington Post and other news outlets reported that a Virginia patient won $500,000 after his secret cell phone recording during a medical procedure captured an anesthesiologist insulting him and even planning to diagnose a non-existent condition, portions of the recording went viral. Like Alabama, Virginia law allows the use of recordings as courtroom evidence as long as one party permits it. Used in front of a jury, that recording provided powerful evidence in court. Presented in front of a judge (known as a bench trial), however, a case like this one might have different results. Plaintiffs in personal injury cases have a choice between jury and bench trials and many case details go into deciding which type of trial offers the most benefits. Each Tuscaloosa injury attorney at our firm carefully assesses those details before making recommendations to our clients. Facts, Perception and Emotion Drive Courtroom Verdicts Surprisingly, studies show that judges agree with jury decisions on liability as much as 80 percent of the time. However, while judges may award larger damages in about 40 percent of cases, they favor smaller awards in over 50 percent of cases. One study indicated that the differences may be due to judges’ lower susceptibility to two specific cognitive illusions: • Framing, which involves treating economic gains differently than losses, even though their value is actually equal • Representativeness, in which a reduced value is placed on background statistical information or base rates that are relevant to the case Additionally, even […]

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 […]

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 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 […]

Feb 27, 2015 - Nursing Home Neglect by Cross & Smith

Placing an elderly loved one in need of 24-hour care in a nursing home is one of the most difficult decisions families can make. In addition to the emotional concerns connected with taking people out of the familiar surroundings that make them comfortable, families lose the ability to vigilantly monitor their safety. Many individuals wish they could use electronic surveillance to help protect their family members. One Case Illustrates How Granny Cams Can Help Protect Nursing Home Residents In August 2014, a nanny cam recording helped achieve justice for one family. After seeing signs of abuse to his mother at an Oklahoma City nursing home, a man hid a camera in her room. The recordings revealed that one worker was abusing the patient. The grannycam provided the evidence needed to convict the worker, according to a KOCO.com report. Alabama Laws are Somewhat Unclear Pertaining to Video Surveillance Federal law does not prohibit the installation of hidden cameras as long as they do not record sound. However, Alabama law adds a restriction by prohibiting installation on private property, according to Reporters Committee for Freedom of the Press. As a general rule, Alabama law requires one party to grant permission for audio recording, but granny cams hidden in the rooms of nursing home residents can represent a different legal issue. Regardless of state law, families can install cameras in the rooms of senior nursing home residents by obtaining written permission from the facility. An experienced Tuscaloosa injury attorney can draft an effective […]

Jan 23, 2015 - Personal Injury by Cross & Smith

Most office workers do not see their jobs as dangerous. Most certainly do not face the severe hazards that construction workers or miners face on a daily basis. Still, the fact remains that countless employment-related injuries and illnesses occur regularly in offices. Even though Alabama workers’ compensation can provide financial relief for these workplace injuries, accident prevention is a better choice, whenever possible. Recognizing Common Types of Office Injuries Danger does not discriminate. An impressive executive office in Tuscaloosa may have as many hazards as a row of cubicles in Birmingham, so all workers need to be able to spot risky situations anywhere. While a workplace injury may qualify for compensation, an experienced lawyer would say that the best workplace accident is one that never happens. Some good advice comes from Albert Einstein College of Medicine, which identifies a number of common hazards, including the following: Falls: Surprisingly, office workers sustain injuries from falls more than twice as frequently as workers who do not work in offices. Sometimes, they are victims of the environment, such as when they trip on loose carpeting, slip on wet floors or do not see steps due to poor lighting. However, they can easily cause their own injuries when they choose a chair over a step-stool, pile items on the floor or even leave the bottom desk drawer open. To help prevent these accidents, workers need to watch their own practices and notify their employers when they spot other hazards in the workplace. Lifting injuries: […]

Dec 24, 2014 - Personal Injury by Cross & Smith

Thanks to a 2013 ranking by the World Health Organization, Alabama has the dubious honor of having one of the world’s most dangerous roads. According to Yellowhammer Multimedia, U.S. Route 431, which runs through the state, is also the fourth most deadly road in the U.S., as evidenced by the many memorial crosses placed along the roadway. Injury victims and families who lose loved ones because of dangerous roads in Tuscaloosa and elsewhere in Alabama may be forced to go against powerful municipalities to seek compensation for their losses. These cases require skilled personal injury lawyers who know both the state and even federal laws that protect the interests of their clients. Alabama US 431 Received Four Out of Ten on the Fear Factor Scale A rating of four does not seem too dangerous based on a 10-point scale. However, the primary hazards cited on US 431 are common causes of accidents: Poor visibility High speed driving Sudden changes between two and four lanes of traffic In just the last week of October, 2014, Navbug.com noted six serious accidents on this road, including a severely-injured deputy who was hit by a car while directing traffic at a wreck site. Determining Fault for Dangerous Road Accidents is Very Complex When accidents occur on dangerous roadways, identifying liability is not always a simple matter. Consider some of the possible factors that might have contributed to the deputy’s injuries: The motorist may have failed to comply with the state’s “move over” laws. The […]

Aug 9, 2014 - Personal Injury by Cross & Smith

Usually, injury settlements end current and future litigation for the parties involved. However, the recent settlement reached with the NCAA over student athlete head injuries opens the door for more lawsuits to be filed. Our  brain injury lawyers understand the $75 million agreement will allow money to be used by current and former athletes to receive medical testing and monitoring for suspected head injuries. Those who suffered head trauma as a result of participation in sports will have the opportunity to file their own individual lawsuits. Of the settlement amount, $5 million will be dedicated to head injury research. The settlement was reached in the class action of In Re: National Collegiate Athletic Association Student-Athlete Concussion Litigation in the U.S. District Court for the Northern District of Illinois, Eastern Division. It also requires the NCAA to instruct schools to make changes to athletic program policies, specifically by implementing guidelines on “return-to-play” for athletes who have suffered a blow to the head.   As of February, AL.com counted the number of former college athletes suing the NCAA over the way it handled concussions at 65. The litigation followed after a similar case of 4,800 professional football players who successfully sued the National Football League on similar grounds. Of those 65 players, one was from Alabama. It was former Alabama running back Ray Hudson, who played from 2001 to 2004. Now 34, he says he was diagnosed with two concussions but believes he suffered more. He said he was forced to drop […]