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May 2015 Archives

Who Is Liable for Food Poisoning?

 10422524_s-300x199 (1).jpgPhoto Credit: 123RF Stock Photo[/caption] A number of high profile food recalls have alarmed consumers lately. For instance, at the end of April, Jeni's Splendid Ice Creams of Ohio voluntarily recalled all of its products amid listeria concerns, and temporarily closed 21 stores in seven cities across the country on Thursday, including stores in Chicago's Lakeview and Wicker Park neighborhoods. Although no cases of illness were immediately linked to the Jeni's recall, anyone feeling sick was advised to seek medical attention. According to ABC News, Loyola University Medical Center's Dr. Christina Long said most people do not get sick from listeria, but young children, the elderly, pregnant women, and people with weak immune systems are the most susceptible to listeria illness, which carries symptoms such as fever, chills, severe headache, and vomiting. Food poisoning, although unpleasant, is actually rather common. Nonetheless, pursing a legal claim for food poisoning may be difficult. In many situations, it is difficult to pinpoint the specific cause of food poisoning. If you are able to prove the specific source of the food poisoning - whether it is the restaurant or food manufacturer - you will need to prove liability in one of the following ways:

Can a Second Opinion Prevent Medical Malpractice?

 pPelvicXray_Dollarphotoclub_60783390-300x300.jpg Misdiagnosis is the most common type of medical error, with an estimated 10 to 20 percent of medical malpractice cases involving a diagnostic error. Moreover, the consequences of misdiagnosis, delayed diagnosis, and other diagnostic errors are often catastrophic. According to a 2009 report, 28 percent of 583 diagnostic mistakes reported anonymously by doctors were life-threatening or had resulted in death or permanent disability. With the potential consequences of misdiagnosis so dire, it is important that patients be their own best advocate and do what they can to prevent misdiagnosis. One of the most important things a patient can do to prevent a misdiagnosis - as well as prevent ensure proper treatment of the condition - is getting a second opinion. According to the New York Times, evidence shows that second opinions can lead to significant changes in a patient's diagnosis or in recommendations for treating a disease, particularly with respect to radiology images and biopsy pathology slides. Second opinions can be helpful for a number of reasons. First, they might help alert the patient to a possible misdiagnosis and prevent medical malpractice. Second, they might provide alternative forms of treatment even if the diagnosis is confirmed. And third, they may confirm the diagnosis and treatment plan so that the patient can feel more certain and comfortable with his or her medical decisions. Second opinions are especially helpful when making a surgical decision or dealing with a cancer diagnosis. According to Harold J. Burstein, MD, a staff oncologist at the Dana-Farber Cancer Institute in Boston and an assistant professor of medicine at Harvard Medical School, "Doctors want patients and their families to feel comfortable with their treatment. Second opinions are often really helpful because they offer reassurance."

Most Dangerous Sports for Brain Injuries

 18198546_s-300x200 (2).jpgPhoto Credit: 123RF Stock Photo[/caption] Among the most common head injuries are concussions, which are often sustained in sports activities, as well as car accidents and falls. Although they may seem like a relatively minor and common injury, in reality, concussions are a traumatic brain injury that can cause serious medical problems if not properly treated. Concussions have been linked with a number of lifelong medical problems, including depression, fatigue, sleep problems, and increased risk of stroke. The suicides of former football players Junior Seau, Dave Deurson and Ray Easterling have all been linked to long-term health problems from concussions. Moreover, a person who suffers one concussion is up to four times more likely to sustain a second concussion, which can place a child at an increased risk for learning difficulties and other neuropsychological difficulties. According to the U.S. Centers for Disease Control and Prevention (CDC), sports- and recreation-related traumatic brain injuries for those persons under age 19 rose 60 percent from 2001 to 2009. Even though the number of deaths from brain trauma among those ages 15 to 19 decreased by half from 1999 to 2010, emergency room visits for sports-related injuries for teenagers increased significantly, according to the CDC. Some of the sports activities most likely to cause brain injuries are:

Birth Injuries and Medical Malpractice

     16160663_s-199x300.jpgBirth injuries are a devastating reality for many families, with thousands of babies born each year with a birth injury. In fact, statistics show that approximately 7 in every 1,000 births involves a birth injury, and 28,000 birth injuries occur in the U.S. every year. Although many birth injuries occur through the fault of no one, in some cases, a birth injury may be the result of obstetrical negligence, which is a type of medical malpractice. In some cases, it may be difficult to know whether the birth injury was the cause of obstetrical negligence or not, but there are some types of birth injuries that involve medical malpractice more often than others, such as:

What to Do if You Suspect Medical Malpractice

6310985_s-300x200 (1).jpg  Medical malpractice is the third leading cause of death in the United States, with estimates indicating that between 210,000 and 440,000 patients die each year due to some type of medical error. Thousands of additional patients are injured as a result of medical malpractice as well. If you suspect that you or a loved one might have been the victim of medical malpractice, there are certain things you should do in order to protect your rights, including:

What Is the Statute of Limitations in a Wrongful Death Case?

10337597_s-300x225.jpg The death of a loved one is always painful, confusing, and shocking. Often times loved ones are consumed with grief and may even be in a state of shock following the death, especially if the death was untimely or accidental. Although it is difficult, it is important to take action following the death of a loved one in order to preserve any potential wrongful death claims that you might have.

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