Hughes & Coleman | Injury Law Blog

 Medical malpractice refers to mistakes made by health care providers when the performance of their duties deviates from the standard of care and causes harm to a patient.  One such mistake is not informing patients of the risk or complications of a particular procedure.  Before having an operation, it is imperative that a patient understand the nature of the procedure, as well as the risks and complications associated with it.  In this manner, the patient can make an informed decision as to whether to go forward with the operation, or whether they feel the risks are too great to proceed.  Prior to a procedure, a surgeon should have a discussion with the patient about such things as alternative treatment options, how the procedure will improve the patient’s health, whether hospitalization will be necessary, and when normal activities can be resumed.  Once a patient has discussed these things with their doctor, they have the ability to give their informed consent to the procedure.  However, if such a discussion is not conducted, or if a doctor does not provide all of the information necessary to fully inform the patient, then any consent given is not considered informed consent.  The hospital also has a separate duty to make sure the patient has been fully informed of the risks and complications associated with a procedure, as well as the availability of alternative treatments.

If you or a loved one has suffered an injury due to a doctor’s negligence or carelessness in acquiring informed consent for a procedure, you may have the right to file a medical malpractice lawsuit.  A medical malpractice attorney can evaluate your claim.

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National Distracted Driving Month is April 2012 and just in time!  Distracted driving is on the rise everywhere and with the advent of Spring Break, Graduations, Proms and Summer Break there will be even more of it!  Shockingly, statistics show that 77% of young adult drivers are very or somewhat confident that they can safely text while driving. (Ad Council, 2011). Further, an online survey of 1,999 teens found that 86% had driven while distracted even though 84% admitted to knowing it is dangerous! (AAA and Seventeen Magazine, 2010).  In other words, as a driver, you are guaranteed to encounter distracted drivers every time you pull out of your driveway.  It is humbling to realize that these distracted drivers are just like you and me.  How many times have you tapped out “just a quick message” to someone to tell them you are on your way, nearly there or confirming where to meet?  How many times have you picked up a ringing phone or made a short phone call for “just a second”?  The next time you reach for your phone while driving remember “this is how it happens”.  The sickening sounds of crunching metal and shattering glass never occur in time to stop you from exercising poor judgment.  The only protection you have is a two-fold commitment to (1) not using your cell phone in any fashion and (2) maintaining an increased awareness of the vehicles around you, ahead of you and behind you.   Avoid erratically moving vehicles and report to police any vehicles that appear to pose an immediate danger to others.  For more information on what you can do to protect yourself and others, visit endDD.org.

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After the devastating storms and tornadoes that occurred last month, the Kentucky Division of Air Quality issued precautionary measures to those handling the disposal of storm debris.

Many building materials including tiles, shingles and pipe insulation contain asbestos.

Asbestos is a mineral fiber commonly used in many building materials because it’s flame retardant. Asbestos is not usually harmful to ones health unless the product has been damaged or disturbed. However, when it is disturbed tiny particles can become airborne and then inhaled and cause devastating health problems down the road.

Asbestosis is a long term lung disease where scar tissue develops making it difficult for oxygen to get to your blood and can cause difficulty in breathing. According to the US EPA’s website, there is no effective cure for this disease.

Asbestos exposure can also cause lung cancer and mesothelioma, a rare form of cancer, both of which can wreak havoc on your ability to breath and the quality of your life.

The Division of Air Quality cautions those who will be handling storm materials to thoroughly wet it to prevent airborne exposure of it’s particles until the material can be finally and properly disposed. The Division also warns those handling asbestos material not to burn it, as the material can release toxins into the air and it is illegal to burn asbestos containing products.

If you are unsure whether  your storm debris contains asbestos, you should follow the above precautionary measures just to be safe. If you have any questions regarding asbestos, the Division of Air Quality instructs you to contact Kevin Flowers at (502) 564-3999.

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This Sunday, April 22, 2012, is Earth Day. This day is dedicated to increase one’s awareness and appreciation of the Earth’s natural environment. It’s considered a celebration but in realty it’s a reminder to all of us on Earth that we run it and we are responsible for it.

Too often we hear of a new oil spill, another natural disaster or a radiation leak, most of which could have been prevented.

This year I encourage everyone to get out there and be heard. We should all voice our concerns and demands for a better environmental future. We can all do our part, whether it’s recycling plastic bottles, talking to government officials about our concerns, picking up trash or assisting to make a school or home green.

Across the Untied States, many schools and organization are hosting several activities to educate the public about the environment and our role in making sure the Earth has a sustainable future. For more information on the activities being held in your community you should check out your local news papers, colleges or local businesses.

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Mediation in a non-confrontational approach to settling a lawsuit before a trial. It is an attempt to show both sides what could or would result if the case went to trial and to attempt to negotiate in good faith before the trial. A mediation is usually conducted with the parties in separate rooms with a mediator going back and forth to discuss the case.  Specific rules prevent certain information obtained in mediation from being used at trial.   Many cases settle during ADR and both sides are typically better off than if they had actually gone through a trial.

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