Danger Zone

To suggest a motorcycle is more potentially dangerous than it is nonharmful is no surprise. Motorcycles have and continue to take the lives of riders all over the world. In mechanical terms, they are beautifully designed technology that allows a rider to reach high speed in such a condensed form, but in terms of human experience, they can be machines of death and calamity for all who are involved. According to statistics released by the National Highway Traffic Safety Association, “motorcyclist deaths occurred 27 times more frequently than fatalities in other vehicles” according to crash data from 2014. This is simply too much. Proper safety precautions in designing of a motorcycle, adequate protective gear, and innovative safety designs for major roadways should be implemented in the motorcycle industry with additional legislation.

Across the nation, motorcyclists can be injured and possibly hurt others in the process. The machines themselves invite the possibility of danger at frigid high-speed moments as the rider becomes filled with adrenaline they lose focus on the conditions of the road or the pressures of drivers outside their moto-bubble. The NHTSA also included that the number of motorcyclists killed in 2014 was 4,586. Lucky to escape that number was Douglas Marshall, a 44-year-old driver of a motorcycle who escaped an accident with a presumably drunk driver in Delaware County. Mr. Marshall experienced substantial injuries and was taken to a hospital via Helicopter. He is a lucky survivor of an accident scenario that claims life all over the world every day. Reporting by WISH TV, a local news outlet, discovered that the driver of the SUV that caused Marshall and his motorcycle to skid across the road and injure his left leg was, in fact, drunk when he pulled out of a gas station directly in front of the motorcycle’s path. Additionally, this drunk driver originally fled the scene, abandoning Douglas Marshall in his injured state. In this event, it is expected that Marshall followed up with a personal injury suit.

It is clear that motorcycles leave any rider open to the possibility for injury, yet instances like Mr. Marshall’s serve as a reminder for the necessity of clear, safe practices for vehicle owners regardless if they have two wheels or four. The roads can be a safe means of traveling to our destination, but only if we educate every driver in every vehicle.

To summarize, the motorcycle, a modern innovation that provides personal mobility in the ever growing network of roads through cities of grandeur and countrysides of dead lands alike, this vehicle remains as an invitation for danger. The sporty market of motorcycle manufacturers seems to favor speed and look, over safety and functionality. This must be addressed so that these vehicles can continue to exist in a future world. The car has undergone numerous safety revisions and inspections. The motorcycle, with its extremely high rate of accidents, can be redesigned into something that continues to offer the high-speed thrills of its original concept, but with the safety features of vehicular innovation.

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Diseases of the Digestive System

A Gastrointestinal disease (GI) is any disease that involves the gastrointestinal tract, namely the esophagus, stomach, small intestine, large intestine and rectum, as well as the accessory organs of digestion, the liver, gallbladder, and pancreas.

According to the International Foundation for Functional Gastrointestinal Disorders (IFFGD), Gastrointestinal diseases can occur when nerves or muscles in any portion of the digestive tract do not function in a coordinated fashion, or when the sensitivity of the nerves of the intestines or the way in which the brain controls some of these functions is impaired.

One example of Gastrointestinal disease is Crohn’s disease. Crohn’s disease is a chronic inflammatory condition of the gastrointestinal tract; it belongs to a group of conditions known as inflammatory bowel diseases (IBD). IBD actually includes Crohn’s disease and ulcerative colitis, an inflammatory bowel disease that causes long-lasting inflammation and sores (ulcers) in the innermost lining of the large intestine (colon) and rectum.

An estimated 780,000 Americans is said to be affected with this chronic inflammatory condition of the gastrointestinal tract and, though men and women are equally likely to be affected, it is more widespread among adolescents and young adults aged from 15 to 35.

It is not well understood what actually causes Crohn’s disease; however, recent research suggests that environmental factors and genetics are contributory factors. Its symptoms also vary from one patient to another, the most common, however, according to a Valley Stream gastroenterologist, include: pain, severe diarrhea, bloody stool, fatigue, weight loss, decreased appetite, abdominal pain, abdominal cramps, and fever.

In treating inflammatory bowel diseases, the goal is to reduce the inflammation that is responsible for triggering the signs and symptoms. There is no cure for IBD, unfortunately, but many treatment options exist to help relieve the symptoms on a daily basis, including:

  • anti-inflammatory drugs
  • immune system suppressors
  • antibiotics
  • other types of medications
  • surgery

Even if one may think that he or she is showing signs of IBD, especially Crohn’s disease symptoms, only proper testing performed by a Gastroenterologist can render a diagnosis. A gastroenterologist is a physician specializing in diseases of the digestive system (also called the gastrointestinal tract or GI tract); he or she treats conditions that affect the esophagus, stomach, small and large intestines (colon), and biliary system, which include the liver, the pancreas, the gallbladder, and the bile ducts.

 

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Medical Malpractice: Surgical Error

Surgeries are often performed to aid the treatment process of a patient, but there are instances where they can also create further complications, especially if there are errors in the surgery process. Surgical error is a form of medical malpractice, and according to the website of The Benton Law Firm, those who have been injured as a result of a surgical error may be able to seek compensation from the health care professional responsible for the injuries.

Typically, surgical error claims, or medical malpractice claims in general, can be viable if they pass the following criteria:

  • There should be a real doctor-patient relationship
  • There should be a duty of care on the side of the medical professional
  • There should be a violation in the duty of care, may it be in the form of an act or failure to perform an act
  • There should be an injury that has been sustained because of the violation in the duty of care

Health is a complicated thing, and not all inconveniences result from errors. But complications arising from errors do happen and cause injuries, extended hospital confinement, additional treatment costs, more lost time at work or school, and more pain and suffering.

  • Anesthesia mistake – Too much anesthesia may result to brain damage. Too little anesthesia may result into reduced effectiveness, with the patient experiencing the pain of surgery.
  • Surgical tools left on patient’s body – Negligence and general incompetence of the medical staff may make them leave surgical equipment and other foreign objects in the patient’s body after surgery, resulting into pain and infections.
  • Nerve damage – Improper surgical techniques, wrong use of surgical tools, and incompetence of the medical staff may damage nerves, tissues, and even entire organs. These damages may lead to pain, infections, and even lifetime disabilities.
  • Surgery on the wrong body part – It may sound comical, but this does happen. Patients who got their healthy kidneys removed or got their wrong leg amputated do not find it funny at all. Poor planning and failing to follow the proper procedures are the main causes of wrong-site surgical errors.

What makes surgical errors worse is the thought that patients are innocent. They do not know any better and just follow the instructions of medical professionals and entrust these professionals with their lives. It is sad to know that surgical errors, and medical malpractices overall, exist. But it is good to know that the law is on the side of the victimized patients.

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Improper Treatment is Now More Frequent Despite Medical Advancement

Majority of patients find it difficult to question a doctors’ judgment and, sometimes, if they are able to do so, any kind of answer, even an unsatisfactory one, would be accepted. Some suppose that questioning doctors is a sign of mistrust; patients should know and understand, however, that inquiring about their condition and suggested treatment is their right – it is their lives that is at issue, anyway.

Questioning a doctor’s recommended treatment can be a way of preventing mistakes, particularly, improper treatment. As opposed to wrong diagnosis, wherein there is failure to correctly determine a patient’s health condition or health complaint, an improper treatment case involves correct diagnosis of a patient’s health condition, however, for whatever reason, such patient’s doctor provides the patient with the wrong kind of treatment.

Improper treatment can be committed in many different ways, including, but not limited to:

  • Prescribing a patient with the wrong drug or the wrong dose of drug;
  • Prescribing a drug to a patient despite knowledge that such drug can cause in the patient allergic reactions;
  • Delaying, rushing, an unnecessary or a dangerous treatment;
  • Inadequate monitoring of patient; and,
  • Failing to provide the necessary treatment which will prevent a disease or keep such disease from worsening.

One concrete example of an improper treatment case involves a young man who received his needed kidney transplant. After the transplant procedure, he was prescribed with an extremely strong immunosuppressant drug so that his body would be prevented from rejecting the transplanted kidney. Unfortunately, the kidney he received was cancer-infected and, due to the immunosuppressant drug he was taking, his body was not able to fight off the cancer that came with the kidney. He died due to the cancer.

According to the website of Karlin, Fleisher & Falkenberg, it is critical that victims or victims’ families hold doctors accountable for their actions or lack of action and get the compensation they deserve. This is because besides the new injuries a patient may be made to suffer or the life-threatening situation a patient may be placed into, improper treatment does not address the patient’s original health problem, making this worse and, thus, requiring extensive and more expensive treatment . . . if the patient survives the mistake committed.

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Driving and the Elderly

According to a new study conducted by scientists from Columbia University’s Mailman School of Public Health and published in the Journal of American Geriatrics Society, when elderly people stop driving due to obvious reasons such as less sharp motor skills and less coordinated reflexes, said people’s cognitive skills experience deterioration and the risk that they succumb to depression heightens.

At present, 81% of the 29.5 million adults over the age of 65 possess a driver’s license and continue to drive the streets they wish to cruise through. The rest of them permanently have to park their crs in the driveway, though.

Analyzing quantitative health data for drivers aged 55 above, senior study author Dr. Guohua Li, professor and Center for Injury Epidemiology and Prevention founding director, said: “Unfortunately, it is almost inevitable to face the decision to stop driving during the process of aging as cognitive and physical functions continue to decline.”

For her part, Dr. Thelma Mielenz, co-author of the study and an assistant professor of epidemiology said engaging in indoor activities inside the house may not be as beneficial for the body of ex-drivers as when they were working or performing day-to-day physical activities outside the house.

Li said driving contributes to “mobility, physical, and social functioning” and when a person ceases to do this activity because of advanced age, there can be effects to his well-being.

Also, the idea of someone needing to stop driving because of debilitating physical functions can be a very emotional matter, and can very well lead to depression, according to SeniorAdvice.com. Still, a bruised heart or ego is better than a mangled body because of a car accident, so it is important for a relative of the elderly person to determine whether the senior needs to alter his or her driving habits or needs to stop driving altogether.

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Personal Injury Claims for Highway Defects

Personal injury claims against government entities are in general perhaps not permitted such as in car accidents due to highway defects. Based on the website of Sampson Law Firm, freeway defects are particular hazardous on account of the speed at which vehicles go. This is valid even in the event the individual that is accountable might have been liable if they have not been acting on behalf of the government. This is known as sovereign immunity, which applies to both state government and federal entities, agencies and employees in action or whose actions were within the scope of the function.

It truly is possible for an injured party to file a lawsuit against the government if your waiver is executed. For instance, the government might decide to permit a liability state to be filed under special circumstances. The federal authorities may do this below the Federal Tort Claims work according to the US Department of Health and Human Services, and many states have comparable laws, but the accountability is quite limited and requires the complainant to go through a strict set of procedures to establish evidence which will then discover the area of the government’s obligation, if any.

There are myriad complex issues when the government is involved in a personal injury case that come up. It might require the expertise and understanding of a lawyer experienced in handling such instances to set it up.

This sovereign defense was applied mainly to protect the public from footing the bill for any liability statements. The reparation will come from the federal or state parties, which will be really the cash of the citizens when a private individual successfully makes a claim against the government.

For instance, a police car can trigger both property damage or physical harm throughout a high-speed car-chase to parties that are innocent. The injured parties might be unable to prosecute the police while these were acting as is called for their work when the harm was caused. The best that the victims can do is to produce a case using their particular insurance companies.

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Found Blood in Your Urine After Taking Xarelto?

Finding blood in your urine or having urine that is discolored (red, brown, or pink) is one of the many concealed side effects of taking Xarelto but could mean more serious side effects like severe gastrointestinal bleeding. Other symptoms are stool with the consistency of coffee grounds that is, too, discolored. For women, severe menstrual flow might also be one of the side effects. Another possibly lethal consequence of taking Xarelto is the increased chance of brain hemorrhaging, which could cause a stroke.

Approved by the FDA in 2011, this anticoagulant quickly rose to fame and popularity in usage for its effectiveness as a preventative measure against deep vein thrombosis (DVT), especially among patients of hip or knee replacement surgeries. However, according to several studies and lawsuits filed against the manufacturers (Bayer and Janssen Pharmaceuticals, an acquisition of Johnson & Johnson), the drug causes adverse and possibly life threatening side effects on the patient like internal bleeding and brain hemorrhaging, shown by the somewhat smaller but telltale symptoms stated above.

On the website of Williams Kherkher, there are stated claims from patients in West Virginia and Charleston that state that the manufacturers were aware of the possible conditions that the drug could cause but concealed this information from the masses. So far, there are no medical protocols in place as treatments for the side effects of Xarelto. This could prove deadly as a brain hemorrhage that is left untreated could lead to permanent disability or death.

If you or someone you know has experienced finding blood in your urine after taking Xarelto, it is recommended that you seek legal help immediately. Attorneys with experience in this kind of situation are more prepared with the medical resources and networks you need in order to get you the best possible treatment as well as represent victims of side effects in a court of law.

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How to Respond to Negligent Acts

If you or someone you know has been injured due to a circumstance that could have been or should have been preventable but wasn’t due to the negligence of another party, then the victim is thereby warranted to press legal action against the negligent person or party.

However, lawsuits like this can be pretty difficult, considering how there are so many fine lines to go through. Information from a personal injury lawyer in Massachusetts states that the term ‘personal injury’ in itself is one that covers a lot of ground.

Car accidents (or motor vehicle-related accidents in general) are often personal injury cases whether the guilty party is the driver of the vehicle or perhaps there was a defect, all the way from manufacturing? Medical malpractice is also a case handled by personal injury lawyers and this subsection, too, branches out into several different kinds of cases such as birth injuries, spinal cord injuries, traumatic brain injuries, et cetera. To handle a case of a medical nature requires for the lawyer in question to have knowledge parallel to that of the attending physician, or even supersede what the practitioner knows about the case, and that kind of knowledge can only come from intense specialization, study, and experience.

It does not stop there as there are so many different kinds of cases that personal injury can fall into and misrepresentation can be just as difficult, or even more so in some cases, than having to handle the aftermath of an injury as it is.

The effects of this kind of situation can go further than just skin deep – or a few cuts and bruises. Some construction site accidents can have a victim lose a limb. Some medical malpractice cases have patients enter an irreparable vegetative state. There are serious consequences that go beyond physical limitations when one is confronted with a personal injury kind of situation, which is why it is probably a good idea to call in the cavalry before things get even messier than they already are and bound to be.

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Absolute Divorce in North Carolina

Getting divorce in North Carolina can mean differently from other States, and the requirements for it to be completed may also be different. Divorce is legally defined as acknowledging the existence of the marriage and the court simply terminates the marriage, thus ending it. This would erase any ties made between both parties and would make them eligible again to remarry.

In order to for the court to grant an absolute divorce, you have to comply with the preconditions. According to the website of Marshall & Taylor, PLLC, there are two basic grounds for absolute divorce: (1) separation of both parties not less than a year and a day, with one spouse having no intention of continuing the marriage, and (2) terminal insanity. The second option is seldom used, so most divorces in North Carolina use separation are grounds for divorce. The court will not consider a couple as separated if they are still living in the same place regardless of their claim to be estranged.

Absolute divorce based on a one year separation has been much criticized, but there is no sign that it will be changed in the near future. The court deems both partners separated if they (1) have lived apart/separate in an uninterrupted period of time (a year and a day), AND (2) that at least one of the spouses have no intention of resuming their relationship as husband and wife. Either one of the spouses should have resided in North Carolina at least six months, and has physical presence in the State and express intention of making North Carolina their home.

For grounds of incurable insanity, this may be harder to prove in court. The separation period for this ground for divorce needs 3 years, and would require proof that the other spouse has been institutionalized during the three-year period which eventually proved the state of incurable insanity during that period. Furthermore, at least two testimonies from medical professionals should be presented in the trail, with one doctor being a psychiatrist with the testimony containing the incurable description of the insanity. Because of the complexity of this divorce option, it might be better to consult with a divorce lawyer or experienced family lawyer to make sure that the procedure is understood correctly.

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Filing a Wrongful Death Lawsuit

The loss of a loved one is, unless you have experienced it first hand, is a pain that no one else could understand. The injury hurts even more if the death was due to the actions of another party, whether the lethal action in question was intentional or not. Perhaps, taking immediate legal action is not your first priority. It is understandable; after all, the experience of dealing with a wrongful death is especially traumatic. It is not something you should go through alone, however; according to the website of Crowe & Mulvey, LLP, you are owed due compensation as well as the justice that needs to be served as retaliation to this abhorrent crime.

A case like this comes with pressing, stressful deadlines, however. It is a complicated legal procedure and it would be most advisable for you to contact experienced experts who are more than equipped to help you in this trying time. The legal help you look for must also have an arsenal of resources such as economic experts who can be viable third party sources who can credibly state figures that would compensate as fair recompense for the loss you now have to deal with. They must also be intimately familiar with the case, including the medical doctors (so far so as to claiming these lawyers have better knowledge of the medical reports than the attending physicians do), in order to properly represent the plaintiff’s case to court.

If the wrongfully deceased who was taken well before his or her time, was employed, and had dependents, there is cause to call for pecuniary damages in order to attest for the loss of income as well as loss for companionship and guidance for the children left behind. If the victim was unemployed, there is call for there to be an enquiry with regard to the victim’s supposedly potential future income, to be endowed to the surviving beneficiaries, as part of the financial compensation.

It is true that there is no amount of money that could ever compensate for the loss of a life but some form of financial recompense as well as making those responsible for the loss as accountable for this crime can be some form of comfort for those affected by this tragedy.

If you have suffered loses due to wrongful death, you are warranted to take legal action as soon as possible.

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