Such is the case when doctors misdiagnose their patients. Read on to learn of some commonly misdiagnosed conditions that can cause or contribute to patient mortality rates.
]]> Heart attacksYou experience sweating, dizziness, nausea, fatigue and pain in your left arm and chest and head to the emergency room. You suspect it might be a heart attack and are surprised when the doctor concludes it's just the flu or a panic attack instead of ordering more exhaustive tests like angiograms.
Some cancers
Certain types of cancers can mimic far more benign medical conditions. When misdiagnoses occur, the cancer can metastasize and quickly become untreatable. This is especially true with colorectal, breast and lung cancer. Had doctors been proactive about the matter, it's likely a biopsy could have determined a malignancy when the patient had a far better chance of survival.
Pulmonary embolisms
This is a vascular event that can rapidly turn fatal as the blood clot blocks blood flow to the lungs. Negligent doctors may instead conclude that their patients are suffering from pneumonia, asthma or even a bad cold.
Overdoses
When a person overdoses on a drug, whether legal or illegal, they typically are unable to self-report the substance they have consumed. Sometimes, there may be evidence of drug abuse, such as track marks. However, other times the doctors have to rule out other conditions by ordering toxicology screens to identify the drug. If they fail to do so, their patients can die.
Strokes
A stroke is not always immediately apparent to medical professionals. However, failing to offer the correct treatment in those critical first few minutes after the patient presents for treatment can lead to irreversible damage and even death.
If you were misdiagnosed, you may be able to recover financial damages by filing a medical malpractice lawsuit.
]]>And yet, you are. What options do you have? Below are some steps you can take to move your claim along and get relief.
]]> Determine why it's not been paidWas your claim rejected outright or has it merely been languishing in some lackey's inbox? That's important to determine because the path to resolution will be different.
If it's the former, you will need to find out why the claim was initially denied and learn what to do to appeal the denial. If it's the latter, your best bet may be to move up the chain of command and address the matter with the claims manager who supervises the slow-acting agent.
Get the denial in writing
Never accept a mere verbal denial in person or over the telephone. Insist that the person denying your claim put the denial in a letter or at least an email. This is important when you try to contest the denial.
What about claims "closed without pay"?
You can still contest these CWP claims if you can show why that outcome should be reversed.
Read your policy closely
The declaration sheet of your auto insurance policy contains a wealth of information about the limits and extent of your policy. Familiarize yourself with its contents before you address the unpaid claim with your insurance company.
The dec sheet (as it is known in the industry) details the cost of your coverage, its terms, benefits and exclusions. It should also list your deductible and the insurance company's obligations to its insured.
You could find out from reading the dec sheet that your particular claim was excluded for cause.
But what if my claim is valid?
It may be time to hold the insurance company's proverbial feet to the fire if you can see no reason why your claim hasn't been paid. Do they suspect you submitted a fraudulent claim? If so, it may be a good idea to loop in your attorney at this juncture.
Could it be a paperwork problem?
A single typo like a transposed digit in a policy or Social Security number can kick out a valid claim that deserves to be paid. Go over the paperwork you submitted — you kept copies, right? — and determine whether that could be the fly in the ointment.
Remain civil when dealing with claims agents
There's no reason to get hostile with the folks handling your claim. If you suspect that your claim is being slow-walked for any reason, it's fine to escalate the matter by retaining counsel to handle it. However, it's generally quite counterproductive to be rude or uncivil to those with whom you're dealing.
]]>For most high school students, the homecoming game, dance and after-parties are a big deal and a coveted rite of passage on their march toward adulthood. It's a chance to wear some finery and step out with their friends and/or dates. But while these kids might look like adults in their fancy dresses and formal wear, they are still teenagers who often make unfortunate decisions.
]]> Parents, you can help your teens to choose safer options this homecoming season. One of those options might be to hire a professional driver to chauffer the kids around that night. If that is a budget-breaker, a Lyft or Uber driver might be the next best choice.If your teen plans to drive and you are okay with their decision, it's a good idea to do a trial run with them in the days ahead of the big night. After dark, have them drive the route they plan to take on homecoming night, from home to their date's house, then to the restaurant and the dance. That way, they won't be making their first attempt on homecoming night when they are likely to get distracted or be nervous.
Parents may want to extend their children's curfews on this special night. But it's a good idea to leave some parameters in place so that your teen doesn't have a lot of unstructured time they might use to drive aimlessly around town with a car full of kids. That's a recipe for disaster.
If things go wrong and your child is injured in an accident, as parents, you will need to take certain steps to preserve your teenager's right to seek compensation for their injuries, losses and damages. We can help you file a claim for damages after an accident with injury.
]]>In the wake of what was essentially an expose, Congress created the U.S. Department of Agriculture (USDA) to oversee slaughterhouse conditions and ensure our food supply chain remained safe and unadulterated. But that all could change drastically.
]]> Agency to allow industry self-policingThe current administration plans to make drastic changes in the production and oversight of the pork industry. The slaughterhouses will speed up their assembly lines. At the same time, the government plans to curtail by 40% the number of food safety inspectors with oversight of the pork slaughterhouses.
Fewer employees with no required training will replace these government inspectors. Companies will be free to create their own programs to test for micro-organisms, meaning that each pork slaughterhouse will likely have different standards.
What that could mean for consumers
Less oversight of the pork industry does not bode well. It is conceivable that in the very near future Kentucky consumers could purchase food products that are contaminated with feces or parasites.
In one pilot program, five self-policing plants with faster line speeds were found to have an uptick in the number of regulatory violations.
Consumers have recourse for tainted goods
If you purchase a tainted food product that sickens you, whether it is a result of these changes or not, you can hold the manufacturer or retailer liable for your injuries and damages.
]]>In fact, almost two-thirds of deaths from school bus accidents happen to the kids after or before they are on the buses. A third of those children who suffer fatal injuries are just 5-7 years old.
]]> Children who don't even ride the buses themselves face danger. Child pedestrians are more likely to be killed in an accident during active bus hours than at any other time of the day.Motorists who illegally pass school buses place schoolchildren at enormous risk. It's estimated that two-thirds of fatalities related to boarding and disembarking school buses are caused by drivers who pass when they shouldn't.
Parents can help keep their kids safer by teaching them school bus safety tips like those listed below:
Despite all these cautions, your child still may wind up getting hurt. Let us help you file and manage your claim for damages so that your child receives the medical care and financial compensation to which they are entitled.
]]>It sounded good to you, especially when your doctor recommended a robotic surgery utilizing the da Vinci Surgical System and its robotic arm. There would be less downtime, your doctor promised, using this type of device.
]]> But something went horribly wrong during your surgery. Perhaps the robotic arm malfunctioned and careened off in the wrong direction, burning and tearing the tissue of healthy organs like your bladder, bowel and kidneys.Instead of a shorter recovery time, you were faced with months of grueling recuperation. In fact, you never completely healed at all and now must cope for the rest of your life with the side effects of a surgery gone awry.
That is the fate of many patients who underwent these da Vinci surgeries. The exact number of patients who suffered injuries and damages is unclear, in part due to the manufacturer misclassifying separate incidents into single batches.
If you suffered a worsened condition after your failed da Vinci surgery, you may be able to seek compensation for your losses and damages. But the clock is ticking, and your case could proscribe, meaning that the time to file and pursue a claim has expired.
Don't let that happen to you. Seek the counsel of a Louisville attorney to learn how you can seek civil justice after a botched da Vinci surgery.
]]>That's why federal agencies like the Food and Drug Administration (FDA), the Federal Trade Commission (FTC) and the Consumer Product Safety Commission (CPSC) all play vital roles. They ensure that the products that reach the American marketplace are safe when used correctly for their intended purposes.
]]> In a perfect world, that would be sufficient to keep our country's consumers safe. But, of course, we live in a flawed and imperfect universe where mistakes happen and people get hurt.But that does not mean that consumers have no recourse if they get injured or sickened by products they used or consumed. On the contrary, there are product liability laws in place that provide the blueprint for how these incidents are handled.
If you suffered injuries as a result of the intended use of a product that you purchased, we can help you recover financial damages for your losses. This may include lost wages, pain and suffering, medical bills and therapy costs.
Defective products can injure, maim and kill adults and children in the United States. At the least, the damage they cause can engender exorbitant medical bills and other associated costs when a consumer winds up in the hospital for their injuries. The loss of work caused by such an injury can also greatly effect your family's stability.
We stand firmly behind our clients and will challenge product manufacturers and designers responsible for allowing these flawed products to enter the marketplace are held liable for their negligence.
]]>Unfortunately, not all insurance companies follow through on their obligations to the people who hold their policies. In fact, some insurance companies will do just about anything they can to avoid paying out claims, even if the claim is legitimate and should have coverage under the terms of someone's policy.
]]> That practice of avoiding financial responsibility by denying legitimate claims is known as bad faith insurance, and you do have the right to take legal action against your insurance company if they deny a claim in bad faith.Keep a record of every communication you have with the insurance company
After a bad faith claim denial, you may have to take legal action against the insurance company to connect with the compensation you deserve because of the policy you purchased and paid for. If you communicate with the company in letters or emails, retain your own copies of every communication you have with them.
If the company tries to communicate with you on the phone, it might be a good idea to record the conversation. To do so, you should inform the person on the line that you intend to record the call. Chances are very good that the insurance company will also record the conversation. That way, you can reference any explanation or excuses that they gave you as to why they would not cover your claim.
Review your policy documents to solidify your complaint
Sometimes, what consumers think is a bad faith claim denial is really just a mistake related to the type of coverage they carry. Consumers might believe they carry more insurance than they do at any given time, which could leave them vulnerable if they need the protection of a certain kind of policy or rider that they don't actually have.
Many times it doesn't take long to locate the policy language that makes you believe you should have coverage for your losses. Sometimes, countering a claim denial with a reference to the exact part of the policy that offers protection to you is enough to get the insurance company to change their minds.
If the insurance company still tries to deny you the coverage that you have paid for, taking them to court over a bad faith claims denial can be the most straightforward way to hold them accountable for underhanded business practices and failing to live up to their obligations to you.
]]>But as you enter the pizza parlor to pick up the large combo and the medium pepperoni that you ordered, you slip down in a puddle of spilled 7-Up right by the door.
]]> You can hear the audible (and very painful) pop when your ACL tears loose. You won't be walking out of there — or anywhere else for a while — unassisted. In fact, you could be in for a lengthy recovery that likely will involve surgery and physical therapy. Your medical bills can be quite costly for this slip-and-fall incident.That's the bad news. The good news is that it's very likely that you can hold the pizza parlor's owners liable for your mishap and subsequent injuries. That means that their insurance company and not your own will have to pick up the tab for your medical care and other damages liked time off from work.
We can help you file your claim for damages. If necessary, we will also file a personal injury lawsuit alleging that the pizza shop was negligent for not mopping up the spilled drink or at least posting a sign indicating the floor was wet. We can seek damages for your pain and suffering as well.
Insurance companies routinely deny claims filed by individuals hoping to quickly settle. Even when they do make an offer, you can bet it will be for much less than the claim is actually worth.
Don't let them low-ball your claim. Contact us to learn more about your right to compensation under Kentucky's premises liability laws.
]]>But it is also a time when many people consume alcohol. Whether it's chugging down some cold brews at a barbecue or sipping a few mixed drinks in the clubhouse after a round of golf, alcohol features into many Louisville residents' holiday celebrations.
]]> There's nothing wrong with enjoying a convivial drink with friends or family. The problem arises when those who imbibe make the poor decision to drive after drinking. That lapse of judgment can result in catastrophic injuries, legal woes and even death — your own or the innocent lives ended due to your poor decisions.We encourage all Louisville residents and visitors to enjoy their Labor Day weekend responsibly. Take advantage of the many options available to arrive home safely and without incident. Arrange for a Lyft or Uber driver to ferry you safely home or catch a ride with TARC. Alternatively, call a taxi or plan ahead to have a sober designated driver ensure your safe passage home.
The last thing that you need to worry about while recuperating from injuries suffered in an auto accident is handling the details of a personal injury claim. If you wind up injured in an accident with a negligent drunk driver, we can help you pursue a claim for damages against that liable driver's insurance company.
]]>When that happens, if the accidents were caused by other negligent drivers, the injured parties have the option of seeking compensation for their losses and damages. They may recover substantial sums to pay off their medical bills and help make them whole again after the accidents tore their worlds apart.
]]> The first step in financial recovery begins with filing a claim for damages against the at-fault driver's insurance company. Of course, while you are recuperating from serious injuries, that can be a difficult task to take on.We can help get the ball rolling for you by initiating a claim against the insured party responsible for your accident and subsequent injuries. That enables you to remain focused on healing and recovering from the injuries that laid you low in the wake of your auto accident.
When you entrust us with your claim, we take it very seriously. We will investigate the circumstances of the wreck and interview any witnesses to get their statements. We also make sure that we timely file all claims for damages to make sure that the cases do not proscribe and leave our clients with no recourse. If necessary, we will file suit against the negligent driver(s) and their insurer(s) to preserve our clients' rights to seek financial redress after an accident injures them and damages their property.
]]>The incident occurred in a Houston Home Depot while the customer was browsing in an aisle back in July of 2017. The man, a Texas resident who is in his late 50s, was allegedly perusing the toilet aisle for a selection when "unexpectedly and without warning, a box containing one of the toilets collapsed causing the toilet immediately above to strike," according to the complaint the plaintiff filed last month.
]]> He accuses Home Depot of negligence, alleging that he suffered "significant and (severe) injuries" from the incident at the southeast Houston Home Depot.Plaintiff's attorney stated that his client is having diagnostic testing done to evaluate the appropriate surgical procedure to fix a shoulder injury.
His complaint alleges the store was negligent for failing "to exercise ordinary care to protect invitees" and failing "to properly secure and/or stack products." He seeks both exemplary damages and monetary relief of a sum from $200,000 to $1 million for his medical and past and future health care costs, as well as lost earning capacity and lost wages. According to the complaint, his future ability to earn a living has been affected by the injury.
The plaintiff would also like the store to stock and inspect their shelves more carefully to avoid stacking heavy items above the floor that might injure their customers.
If you suffered an in-store injury due to a retailer's negligence, you may also choose to file your own claim for damages.
]]>There is no doubt that many (if not most) insurance companies sell their claimants short whenever the opportunity presents itself. But if you arm yourself with knowledge and experienced legal counsel, you can hold those accountable for your injuries and other damages.
]]> Why did your insurance company deny your claim?You must first determine the reason why the insurer refused to pay off the claim. Perhaps it was a technical glitch on your part or the coverage had lapsed on the liable person and the vehicle.
You could also be denied due to the claim proscribing, which means that the time to file it expired.
You can appeal a denial
Perhaps you made a small error in your application for insurance coverage. It was not intentional, but you may have omitted vital information that the insurance company is now claiming disqualifies your claim.
That mistake, in and of itself, may not be enough to withstand the scrutiny of the appeals process.
Did you comply with notification regulations?
Insurance companies clearly state in their policies the time frames that claimants have to report claims and correct any errors. Your claim might be denied if you failed to report it or your report was delayed.
Bad faith denials leave claimants lacking
Anyone who believes that their insurance company's priorities reflect their best interests are not focused on reality. The insurance company might manipulate you and your need for resolution of the matter and cause you to accept far less than your personal injury claim is actually worth.
Insurance companies count on the startling number of claimants who either accept their denials without question or who cash checks that are worth substantially less than they might be awarded had the case gone before a judge or jury.
Assert your rights to fight for compensation
If you have been injured by an errant insured driver, you may be bewildered by the long and often complex claims process. Your Louisville personal injury attorney can provide advice and guidance going forward.
]]>The increased traffic on the roads can make it harder to get a ride in during the week if bikers are so inclined and available.
]]> It should also be noted that motorcyclists have the same responsibilities as motorists to stop for school buses loading or dropping off children at school or home. Passing a stopped school bus on your motorcycle can net you a court appearance and a very expensive ticket.Motorcyclists should also be aware that school buses and large commercial trucks have significant blind spots in front, behind and on either side of their vehicles where motorcyclists may not be seen.
And while "loud pipes [might] save lives," do you really want to rely solely on your motorcycle's loud exhaust pipes to keep you safer on the roads? Most bikers prefer to employ multiple strategies to alert drivers to their presence, including:
There are still many days where the weather will be perfect for riding your motorcycle in and around Louisville. We want to make sure that you ride safely and without incident. Should you get into a motorcycle accident with an at-fault driver, we can help you file a claim for damages to be compensated for your losses.
]]>As a result, some customers wind up getting injured after tripping and falling over pallets of canned goods or other products. Who is at fault if that happens?
]]> In most cases, the liability falls on the store for creating conditions that pose hazards to customers, vendors and others on their property. Store owners and/or management either knew or should have known that not fully staffing the shift would lead to a backlog of unstocked goods that can present a safety hazard.Some shifts can certainly be busier than others and lead to some tasks remaining undone. However, a pattern of disorderly aisles with mazes of pallets on dollies can be part of the larger problem of management cutting corners to enhance profits or pad their own paychecks.
If their actions create safety breaches that make for hazardous conditions in the store, they could be held liable for any of their customers' injuries and other damages. Stores and other properties have a duty to ensure that their premises are free of safety hazards and security lapses that could leave customers with injuries that range in severity from mild to very serious and even disabling.
The first step to rectifying the situation after an injury occurs inside a store, restaurant or other place of business is to file a claim for damages. We can help you initiate the claims process and file a lawsuit to preserve your right to seek compensation.
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