Category: Personal Injury

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 […]

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 […]