Posts made in December, 2014

Case Studies indicate Other Morcellator Side Effects

Posted by on Dec 31, 2014 in Dangerous Pharmaceuticals, Personal Injury | 0 comments

As if morcellator side effects attorneys didn’t have enough ammunition against power morcellator manufacturers, recent developments have shown clear indications that the laparoscopic medical device may be responsible for more than encouraging cancer growth in patients. Several women have reported side effects other than uterine cancer but still related to the use of morcellators in the uterine area to the Food and Drug administration (FDA). These include but not limited to benign tumor growth, bowel obstruction, and abdominal mass, most of which affected other organs of the body including the bladder, colon, spleen, diaphragm, ovaries and fallopian tubes, requiring additional surgery.

The FDA has been conducting investigations since April into the undisclosed complications that may arise from the use of power morcellators for laparoscopic hysterectories, myomectomies, or other surgeries that involve morcellator use in the uterus. The investigation was prompted by at least a dozen complaints that morcellators increased a patient’s risk of developing cancer. Pending a conclusive finding, the FDA has issued a memo discouraging doctors and hospitals from using power morcellators in qualified patients, and to use alternative methods instead. These latest cases only confirm that the risks associated with the medical device outweigh its benefits, and that the manufacturers should have warned the public about these risks.

Power morcellators are essentially consist of a blade at the end of a gun-like apparatus that is designed to fit into a small abdominal incision to cut up target tissue into small pieces which is then extracted through that same incision. It is often used to remove benign growths in the uterus and to remove the uterus itself. Power morcellator manufacturers are currently facing a growing number of litigants that want to know why they weren’t warned that the laparoscopic device could cause more harm than good.

If you have been seriously harmed from being surgically treated with a power morcellator, you may be able to get compensation for your medical and other expenses. Consult with morcellator side effects attorneys in your state for more information.

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Sexual Harassment

Posted by on Dec 15, 2014 in Employment Law | 0 comments

There may have been times when an employee or a job applicant (either a male or a female) had been asked by his/her employer or supervisor for sexual favors in return for being employed or promoted. Refusing the employer’s or supervisor’s request may either result to denial of all job benefits and/or non-promotion, or making the work environment hostile, intimidating and offensive.

The first result, which is made possible only by someone who has authority, is called the Quid Pro Quo; the second, which may also be committed by a co-worker, is called the Hostile Work environment. The Quid Pro Quo and Hostile Work environment are forms of sexual harassment identified by the federal government.

According to the website of employment law firm Cary Kane LLP, despite anti-discrimination laws and laws that strictly criminalize sexual harassment in the workplace, many employees still end up as victims of illegal and unjust employment practices. This is partly due to the decision of many victims to keep silent after being victimized through such unlawful behaviors, for fear of losing their job, being retaliated upon, and so forth.

The first work-related sexual harassment complaint that was tried in court happened in 1976. During this same year, a poll was conducted by Redbook, a national women’s service magazine, on sexual harassment in the workplace. Though many may have already heard of various stories where female employees had been harassed, the results of the poll may still have come as a surprise to them upon learning that, of the almost 9,000 women respondents, almost nine of every ten claimed that they had been targets of sexual harassment at the workplace.

An employee who suspects sexual harassment should inform his/her harasser of the unwanted act and then notify his/her employer about the unlawful behavior being committed against him/her. If ever the harassment never stops, the victim can rightfully file a complaint with the Equal Employment Opportunity Commission within 180 days from the date when the harassment was committed; another complaint may be filed with the state or federal government.

In a sexual harassment complaint the battle is often between the words of the guilty (who may be the company) against the words of the accuser. Despite the difficulty and the sensitivity of the case, this type of illegal behavior in the workplace will never be known (and the culprit never brought to justice) unless the victim decides to stand and fight for his/her rights.

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Causes of Car Accidents

Posted by on Dec 11, 2014 in Car Accidents | 0 comments

Records from the U.S. Department of Transportation Statistical Records Office showed that in 2012 there were more than 253 million registered vehicles in the US and about five million unregistered others. Based on statistical data for the past decade, the number of vehicles added annually on US roads numbers to more than 500,000.

Motor vehicles, cars specifically, have become the most common means of transportation among Americans. But as the number of cars continues to increase on roads and highways, so does the number of car accidents.

The National Highway Traffic Safety Administration (NHTSA) reports more than five million car accidents annually; more than two million of these accidents result to injuries, while the number of deaths is about 35,000. The Department of Transportation and other road safety authorities maintain that traffic accidents are almost always results of someone’s negligence or recklessness, thus, these are totally preventable. Such an uncontestable stand, considering the fact that the most common recorded causes of accidents are drunk driving, speeding, reckless driving, driver error and distracted driving, all of which fall within the control of the driver. Another considerable percentage of car accidents, however, can be blamed on causes that fall outside drivers’ control: manufacturing defects and defective roads. In these instances, Milwaukee car accident lawyers can help the defect’s victim try to prove their case.

Laws have been passed to keep drivers and all others concerned from committing any act that would endanger the lives of motorists and all those who share the road with them, like motorcycle riders, bicyclists, and pedestrians. To stop drunk driving, for instance, a limit of 0.08% blood alcohol concentration (BAC) level has been mandated on car drivers, 0.04% BAC on commercial drivers and zero tolerance for individuals below the age of 21 (a much stricter law is imposed on teenagers since they are the ones who figure most in car accidents, either as victims or as liable parties).

Laws on the observance of speed limit are also imposed on roads and highways besides laws that require the use of seat belt and the prohibition of using a handheld or hands free phone while driving. With regard to manufacturers (of cars and car parts), there is a standard of quality that will determine the safety and crash-worthiness of their finished products.

Drunk driving, particularly, is a serious crime in all 50 states in the US. According to the website of criminal defense lawyer James Powderly, when charged with a DUI/DWI or any drunk driving offense, it is incredibly valuable for the accused to use the services of a lawyer.

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Medical Malpractice: Wrong Diagnosis

Posted by on Dec 10, 2014 in Personal Injury | 0 comments

The 225,000 yearly deaths due to medical malpractice that are reported by the Journal of the American Medical Association can possibly be not the exact number as many more incidences of death-causing errors, according to the same source, are never disclosed to authorities, with the victims’ families, likewise, never filing lawsuits against the liable party.

Medical malpractice is a stark reality and it is currently held as among the top causes of death in the US. It is usually the result of acts of negligence and/or recklessness (and sometimes the selfish desire of having bigger earnings, thus misjudging patients’ health complaints), leading to overworked doctors and medical staff, poor communication between doctors and nurses, and, the most common root of a chain of many other mistakes – wrong diagnosis, which may mean missed, delayed or over diagnosis.

According to the website of Habush Habush & Rottier S.C. ®, a wrong diagnosis can result in a patient being made to undergo unnecessary laboratory tests, given a wrong medical prescription, or subjected to a surgical procedure or other forms of treatment that are not needed. Meanwhile the real illness can possibly worsen (as it is not given the proper treatment). The unnecessary medical care may even cause the development in the patient of a new serious health condition.

Based on a study made by the U.S. News and World Report, the major cause of wrong diagnosis is physician bias. While doctors, without doubt, would want to provide the best care to patients, they often fall into the mistake of limiting consultation period to 15 minutes to be able to have as many patients as possible. During this time-constrained doctor-patient interaction period, many doctors still apply what many medical practitioners call as the “18-second rule.” This practice is characterized by a doctor immediately identifying the patient’s complaints as a certain type of illness simply because of the symptoms’ similarities with such named illness.

The website of Abel Law Firm points out the risk of severe injury or illness resulting from wrong diagnosis (and other forms of medical malpractice). Protecting and upholding the rights of victims  whenever they fall victim to medical providers’ negligent acts, medical malpractice laws have been passed to hold liable the party/ies causing patient harm accountable. How much these laws have reduced the incidence of medical negligence may be debatable, but giving those who have fallen victim to it is a welcome step in the right direction.

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Classic Cars and Classic Humans

Posted by on Dec 8, 2014 in Classic Cars | 0 comments

Classic cars are what some of us (especially me) live and breath for. It’s fun to think about how each car has its own personality, the history around them, and how they were built.

This is why I very much like Jerry Seinfeld’s recent web series, Comedians in Cars Getting Coffee. It’s a very straightforward show. Jerry Seinfeld drives a classic car to another comedian’s house, and they ride in it and have a coffee together. The intro of each show describes the car in some detail, along with some beautiful shots of its interior and what it looks like in action.

One fun aspect to the show is that he tries to choose cars that remind him of his interview subject. So if the comedian is quirky, you get to see a quirky car. If he or she is regal, you see something luxurious. It’s like paring wine with a fine meal, except it’s cars and people.

I marathoned most of the show over the weekend and learned a bit about cars and a lot about what it’s like to be a comedian. I’d recommend this.

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