The effects of SCI depend on the type of injury and the level of the injury. SCI can be divided into two types of injury – complete and incomplete. A complete injury means that there is no function below the level of the injury; no sensation and no voluntary movement, and both sides of the body are equally affected. An incomplete injury means that there is some functioning below the primary level of the injury. A person with an incomplete injury may be able to move one limb more than another, may be able to feel parts of the body that cannot be moved, or may have more functioning on one side of the body than the other. With the advances in acute treatment of SCI, incomplete injuries are becoming more common.
The level of injury is very helpful in predicting what parts of the body might be affected by paralysis and loss of function. Injuries at the thoracic level and below result in paraplegia, with the hands not affected. At T-1 to T-8 there is most often control of the hands, but poor trunk control as the result of lack of abdominal muscle control. Lower T-injuries (T-9 to T-12) allow good trunk control and good abdominal muscle control which makes sitting balance is very good. Lumbar and Sacral injuries yield decreasing control of the hip flexors and legs.
Remember that in incomplete injuries there will be some variation in these prognoses. Cervical (neck) injuries usually result in quadriplegia. Injuries above the C-4 level may require a ventilator for the person to breathe. C-5 injuries often result in shoulder and biceps control, but no control at the wrist or hand. C-6 injuries generally yield wrist control, but no hand function. Individuals with C-7 and T-1 injuries can straighten their arms but still may have dexterity problems with the hand and fingers.
Besides a loss of sensation or motor functioning, individuals with SCI also experience other changes. For example, they may lose control of their bowel and bladder functions. Sexual functioning is frequently affected: men with SCI may have their fertility affected, while women’s fertility is generally not affected. Very high injuries (C-1, C-2) can result in a loss of many involuntary functions including the ability to breathe, necessitating breathing aids such as mechanical ventilators or diaphragmatic pacemakers. Other adverse effects of a spinal cord injury may include low blood pressure, inability to regulate blood pressure effectively, reduced control of body temperature, inability to sweat below the level of injury, and chronic pain.
A person can “break their back or neck” yet not sustain a spinal cord injury if only the bones around the spinal cord (the vertebrae) are damaged, but the spinal cord is not affected. In these situations, the individual may not experience paralysis after the bones are stabilized. When a SCI occurs, there is usually swelling of the spinal cord, which may cause changes in virtually every system in the body. After days or weeks, the swelling begins to go down and people may regain some functioning. With many injuries, especially incomplete injuries, the individual may recover some functioning as late as 18 months after the injury.
In very rare cases, people with SCI will regain some functioning years after the injury. However, only a very small fraction of individuals sustaining SCIs recover all functioning. Currently there is no cure for spinal cord injuries. Medical research has made many advancements attempting to come up with a cure. Many of the most exciting advances have resulted in a decrease in damage at the time of the injury. Steroid drugs such as methylprednisolone reduce swelling, which is a common cause of secondary damage at the time of injury. The experimental drug Sygen® appears to reduce loss of function, although the mechanism is not completely understood.
Friday, September 25, 2009
School Bus Accidents
School bus accidents are amongst the most heartbreaking of all motor vehicle accidents due in part to the unfortunate involvement of young children. As a result, substantial damages are often at issue in cases of this type, and forceful representation is required to bring all responsible parties to justice. In Florida, each district school board can be held liable for tort claims arising out of any incident or occurrence involving a school bus or other motor vehicle owned, or operated by the school board to transport persons. Fla. Stat. § 1006.24.
A school bus-related crash is defined as a crash which involves, either directly or indirectly, a school bus-type vehicle, or a vehicle functioning as a school bus, transporting children to or from school or school-related activities.
Since 1995, 170 school-age pedestrians (younger than 19) have died in school transportation-related crashes. Nearly two-thirds (65%) were killed by school buses, 5 percent by vehicles functioning as school buses, and 30 percent by other vehicles involved in the crashes. Nearly one-half (49%) of all school-age pedestrians killed in school transportation-related crashes were between the ages of 5 and 7.
Since 1995 there have been about 416,295 fatal traffic crashes. Of those, 0.33 percent (1,368) were classified as school transportation-related. Since 1995, 1,509 people have died in school transportation-related crashes an average of 137 fatalities per year. Most of the people who lost their lives in those crashes (70%) were occupants of other vehicles involved. Nonoccupants (pedestrians, bicyclists, etc.) accounted for 22 percent of the deaths, and occupants of school transportation vehicles accounted for 8 percent.
More school-age pedestrians are killed in the afternoon than in the morning, with 32 percent of the fatalities occurring in crashes between 3 and 4 p.m. Between 1995 and 2005, 97 crashes occurred in which at least one occupant of a school transportation vehicle died.
More than half of those crashes (55%) involved at least one other vehicle. In 52 percent of all crashes involving fatalities to occupants of a school transportation vehicle, the principal point of impact was the front of the vehicle. Since 1995, 6 drivers and 13 passengers have died in school bus vehicles providing transportation for purposes other than school or school-related activities (churches, civic organizations, etc.). In 1987, one such multi-vehicle crash resulted in the deaths of 27 occupants, including the driver.
A school bus-related crash is defined as a crash which involves, either directly or indirectly, a school bus-type vehicle, or a vehicle functioning as a school bus, transporting children to or from school or school-related activities.
Since 1995, 170 school-age pedestrians (younger than 19) have died in school transportation-related crashes. Nearly two-thirds (65%) were killed by school buses, 5 percent by vehicles functioning as school buses, and 30 percent by other vehicles involved in the crashes. Nearly one-half (49%) of all school-age pedestrians killed in school transportation-related crashes were between the ages of 5 and 7.
Since 1995 there have been about 416,295 fatal traffic crashes. Of those, 0.33 percent (1,368) were classified as school transportation-related. Since 1995, 1,509 people have died in school transportation-related crashes an average of 137 fatalities per year. Most of the people who lost their lives in those crashes (70%) were occupants of other vehicles involved. Nonoccupants (pedestrians, bicyclists, etc.) accounted for 22 percent of the deaths, and occupants of school transportation vehicles accounted for 8 percent.
More school-age pedestrians are killed in the afternoon than in the morning, with 32 percent of the fatalities occurring in crashes between 3 and 4 p.m. Between 1995 and 2005, 97 crashes occurred in which at least one occupant of a school transportation vehicle died.
More than half of those crashes (55%) involved at least one other vehicle. In 52 percent of all crashes involving fatalities to occupants of a school transportation vehicle, the principal point of impact was the front of the vehicle. Since 1995, 6 drivers and 13 passengers have died in school bus vehicles providing transportation for purposes other than school or school-related activities (churches, civic organizations, etc.). In 1987, one such multi-vehicle crash resulted in the deaths of 27 occupants, including the driver.
Product Liability
The law of product liability is the area of law that deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from that product. This includes the manufacturer of component parts of the product, an assembling manufacturer, the wholesaler, the retail store or other ultimate seller of the product, and any other party in the distributive chain, regardless of whether you actually purchased the item yourself.
Here is an example: You borrow an power saw with a design defect from a friend. The cord’s wires cannot carry the electrical load it indicates that it can. The result is an electrical fire that burns down your house. You can file a product liability lawsuit against the maker of the power saw, its distributor, its wholesaler, and the retail store where it was originally purchased by your friend.
Product liability law gives consumers the ability to sue for and be compensated for damages from manufacturers, distributors and vendors for injuries resulting from accidents caused by defective products. Nearly all products are subject to products liability law, not just items on the store shelves – products subject to the law include food, drugs, appliances, tobacco, gases, real estate, automobiles, blood, writings, maps, medical devices, medical implants, and even commercial jets.
Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year. You or a family member may be injured by something seemingly harmless or something you use every day, such as a coffee maker, air conditioner, baby chair, toy, car, hair dryer, toaster, iron, hand tool or even your clothing. Products liability claims are tort-based claims that can arise from negligence, strict liability, or breach of warranty, though products liability is often focused on strict liability claims.
Strict Liability
Strict liability is the term used to describe situations in which a person can be held liable for damages caused to another person even if they are not negligent or found to be at fault. Strict liability means “liability without fault” – therefore a person is liable whether or not they were negligent and whether or not they intended to do any harm.
Strict liability is usually imposed on manufactured products, under the law of product liability. Strict liability claims do not involve proof of whether or not someone acted reasonably or used appropriate care in manufacturing a certain product. Translated to products liability terms, a defendant in a product liability claim will be found liable for damages to a plaintiff if it is found that the product is defective, regardless of whether the manufacturer or supplier exercised great care when designing and manufacturing it.
The law imposes strict liability on inherently or abnormally dangerous activities, or activities that are likely to cause particular kinds of harm. A prime example of this type of activity is the use of explosives – if injury results from the use of explosives, regardless of the purpose for which they are used and the care exercised, the operator of the explosives is liable to those damaged by their use.
In lights of these facts, a plaintiff does not have to demonstrate that the manufacturer or vendor was negligent or careless, only that: a defect in the product caused the accident he or she was using the product in a manner consistent with the way it was meant to be used the product was not substantially changed between the time it left the seller or manufacturer’s hands and the time it reached the plaintiff.
You should be aware that even if you are not the original owner of the merchandise you can sue for product liability. For example, if a friend lends you a lawnmower that turns out to be defective and injures you, you can file a product liability claim against the manufacturer, distributor, wholesaler, and/or vendor of the item. Even if a company doesn’t actually make the product, but simply puts its label on it, they can be held liable for injuries.
Here is an example: A supermarket has a contract with a manufacturer to make a line of soft drinks for the store. The manufacturer uses a bottle that does not properly release pressure upon opening. If somebody is injured by an exploding bottlecap, then the supermarket is liable as well as the manufacturer. Even if the supermarket was unaware that the bottles were defective, they are still held liable.
A breach of warranty claim arises under the law of contracts, where the law imposes certain “implied warranties” on the sale of products. These implied warranties include the warranty of merchantability (that the goods are in proper condition for use and free of defects), and the warranty of fitness for a particular purpose (e.g., the refrigerator must be able to keep food cold and fresh; the chair must be capable of supporting a person’s weight). These warranties are called implied warranties because the law assumes that they apply even if they are not expressly stated on the packaging or manuals. If a product does not meet these standards, the purchaser may have the right to return it to the place of purchase and receive a refund, or sometimes file a case and receive monetary damages.
The law of contracts covers economic loss caused by the breach of warranties in the sale of goods. The Uniform Commercial Code, Article 2, also deals with the sales of goods and the implied and express warranties of merchantability in the sales of goods. U.C.C. §§ 2-314 and 2-315.
In a negligence claim, a plaintiff must show that a manufacturer, seller, wholesaler or other party involved in the distributive chain had a duty to exercise reasonable care in the process of manufacturing or selling a product and failed to fulfill that duty, resulting in injury to the plaintiff. Negligence consists of doing something that a person of ordinary prudence would not do under the same or similar circumstances; or failing to do something that a person of ordinary prudence would do under the same or similar circumstances.
This can take the form of negligence in drawing up or reviewing plans for a product, negligence in failure to inspect or test the product adequately, negligence in issuing inadequate warnings, negligence in maintaining the machines that make the component parts of the product, negligence in failure to anticipate probable uses of the product, or instructions regarding the use of the product, or any other aspect of the manufacturing or distribution process where due care is not used.
Here is an example: You borrow an power saw with a design defect from a friend. The cord’s wires cannot carry the electrical load it indicates that it can. The result is an electrical fire that burns down your house. You can file a product liability lawsuit against the maker of the power saw, its distributor, its wholesaler, and the retail store where it was originally purchased by your friend.
Product liability law gives consumers the ability to sue for and be compensated for damages from manufacturers, distributors and vendors for injuries resulting from accidents caused by defective products. Nearly all products are subject to products liability law, not just items on the store shelves – products subject to the law include food, drugs, appliances, tobacco, gases, real estate, automobiles, blood, writings, maps, medical devices, medical implants, and even commercial jets.
Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year. You or a family member may be injured by something seemingly harmless or something you use every day, such as a coffee maker, air conditioner, baby chair, toy, car, hair dryer, toaster, iron, hand tool or even your clothing. Products liability claims are tort-based claims that can arise from negligence, strict liability, or breach of warranty, though products liability is often focused on strict liability claims.
Strict Liability
Strict liability is the term used to describe situations in which a person can be held liable for damages caused to another person even if they are not negligent or found to be at fault. Strict liability means “liability without fault” – therefore a person is liable whether or not they were negligent and whether or not they intended to do any harm.
Strict liability is usually imposed on manufactured products, under the law of product liability. Strict liability claims do not involve proof of whether or not someone acted reasonably or used appropriate care in manufacturing a certain product. Translated to products liability terms, a defendant in a product liability claim will be found liable for damages to a plaintiff if it is found that the product is defective, regardless of whether the manufacturer or supplier exercised great care when designing and manufacturing it.
The law imposes strict liability on inherently or abnormally dangerous activities, or activities that are likely to cause particular kinds of harm. A prime example of this type of activity is the use of explosives – if injury results from the use of explosives, regardless of the purpose for which they are used and the care exercised, the operator of the explosives is liable to those damaged by their use.
In lights of these facts, a plaintiff does not have to demonstrate that the manufacturer or vendor was negligent or careless, only that: a defect in the product caused the accident he or she was using the product in a manner consistent with the way it was meant to be used the product was not substantially changed between the time it left the seller or manufacturer’s hands and the time it reached the plaintiff.
You should be aware that even if you are not the original owner of the merchandise you can sue for product liability. For example, if a friend lends you a lawnmower that turns out to be defective and injures you, you can file a product liability claim against the manufacturer, distributor, wholesaler, and/or vendor of the item. Even if a company doesn’t actually make the product, but simply puts its label on it, they can be held liable for injuries.
Here is an example: A supermarket has a contract with a manufacturer to make a line of soft drinks for the store. The manufacturer uses a bottle that does not properly release pressure upon opening. If somebody is injured by an exploding bottlecap, then the supermarket is liable as well as the manufacturer. Even if the supermarket was unaware that the bottles were defective, they are still held liable.
A breach of warranty claim arises under the law of contracts, where the law imposes certain “implied warranties” on the sale of products. These implied warranties include the warranty of merchantability (that the goods are in proper condition for use and free of defects), and the warranty of fitness for a particular purpose (e.g., the refrigerator must be able to keep food cold and fresh; the chair must be capable of supporting a person’s weight). These warranties are called implied warranties because the law assumes that they apply even if they are not expressly stated on the packaging or manuals. If a product does not meet these standards, the purchaser may have the right to return it to the place of purchase and receive a refund, or sometimes file a case and receive monetary damages.
The law of contracts covers economic loss caused by the breach of warranties in the sale of goods. The Uniform Commercial Code, Article 2, also deals with the sales of goods and the implied and express warranties of merchantability in the sales of goods. U.C.C. §§ 2-314 and 2-315.
In a negligence claim, a plaintiff must show that a manufacturer, seller, wholesaler or other party involved in the distributive chain had a duty to exercise reasonable care in the process of manufacturing or selling a product and failed to fulfill that duty, resulting in injury to the plaintiff. Negligence consists of doing something that a person of ordinary prudence would not do under the same or similar circumstances; or failing to do something that a person of ordinary prudence would do under the same or similar circumstances.
This can take the form of negligence in drawing up or reviewing plans for a product, negligence in failure to inspect or test the product adequately, negligence in issuing inadequate warnings, negligence in maintaining the machines that make the component parts of the product, negligence in failure to anticipate probable uses of the product, or instructions regarding the use of the product, or any other aspect of the manufacturing or distribution process where due care is not used.
Thursday, September 17, 2009
Personal Injury Damages
The most significant issue to most people involved in a personal injury claim is the issue of damages. When a judge or jury finds a defendant liable for wrongful conduct in a personal injury case, the issue then becomes what types of damages are due to the plaintiff, and in what amount.
If you suffer a personal injury you’ll likely require costly medical attention and possibly rehabilitation. You may lose income and/or use up available sick/vacation time because of the injury, and you may continue to lose income while treatment and recovery takes place. Your vehicle may have been damaged or totaled, or you may have incurred other property damage. Since you can’t drive your vehicle while it is being repaired, you may have to rent one all of these things are costing you time and money. You may also lose the ability to perform various activities of normal daily living, for a while or permanently, and endure significant pain and suffering.
The law permits you to seek recovery after an accident to “make you whole again.” The central concept is that you should be compensated in a way that places you in a state that as closely as possible matches your state of being before the accident. In most personal injury actions the plaintiff must have been injured in some way to be entitled to damages.
For example, in negligence cases, your attorney must prove that you suffered injury (some type of physical, emotional or monetary harm) for the defendant to be required to pay compensation to you. However, with some intentional torts (such as battery, assault or trespass) your attorney may only have to show that the defendant engaged in the some sort of unauthorized conduct, without proving that you suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury). The three basic kinds of damages that are awarded in personal injury cases are compensatory damages, punitive damages and nominal damages.
If you suffer a personal injury you’ll likely require costly medical attention and possibly rehabilitation. You may lose income and/or use up available sick/vacation time because of the injury, and you may continue to lose income while treatment and recovery takes place. Your vehicle may have been damaged or totaled, or you may have incurred other property damage. Since you can’t drive your vehicle while it is being repaired, you may have to rent one all of these things are costing you time and money. You may also lose the ability to perform various activities of normal daily living, for a while or permanently, and endure significant pain and suffering.
The law permits you to seek recovery after an accident to “make you whole again.” The central concept is that you should be compensated in a way that places you in a state that as closely as possible matches your state of being before the accident. In most personal injury actions the plaintiff must have been injured in some way to be entitled to damages.
For example, in negligence cases, your attorney must prove that you suffered injury (some type of physical, emotional or monetary harm) for the defendant to be required to pay compensation to you. However, with some intentional torts (such as battery, assault or trespass) your attorney may only have to show that the defendant engaged in the some sort of unauthorized conduct, without proving that you suffered actual physical harm, in order to recover damages (though damages in these situations are often nominal absent serious injury). The three basic kinds of damages that are awarded in personal injury cases are compensatory damages, punitive damages and nominal damages.
Wednesday, September 16, 2009
Causes of Cerebral Palsy
Cerebral Palsy can occur during pregnancy, during the birth process, or during the newborn period. Though there are many possible causes of cerebral palsy, the following are some of the more common identifiable causes or contributing factors.
During Pregnancy:
mother’s untreated high blood pressure, preeclampsia, eclampsia, toxemia, or diabetes
effects of certain types of genetic defects or syndromes
specific types of infections may occur for the first time during pregnancy, including toxoplasmosis, rubella, cytomegallovirus (CMV), herpes simplex, or untreated group B strep
frequent use of certain types of prescription, nonprescription or illegal drugs, or frequent use of alcohol by the mother during pregnancy
placental abnormalities may occur, including placental insufficiency or premature aging of the placenta during the pregnancy, or premature or sudden separation of the placenta from the wall of the uterus (placental abruption), causing intrauterine growth retardation (IUGR) of the fetus
severe malnutrition of the mother
exposure to certain types of toxic chemicals or other harmful environmental hazards
During the Birth Process:
dystocia, where the baby is stuck in the birth canal too long due to its size or position
damage to the placenta by the birth process – placenta previa or placental abruption
untreated umbilical cord compression, prolapse or occlusion
unrecognized or untreated signs of fetal distress from pressure on the umbilical cord
During the Newborn Period:
hereditary conditions which interfere with the baby’s digestion
complications of severe prematurity, including problems with the heart, blood pressure, circulation, breathing, meconium aspiration, nutrition, hydration, temperature, infection, jaundice, or bleeding
untreated seizures
Each of the above causes has the potential to interfere with normal development of the nervous system or potential to interfere with the delivery of oxygen and nutrition to the brain of the fetus or the newborn infant. When the delivery of oxygen and nutrition to the brain is interrupted, or decreased for a period of time, the brain could potentially suffer injury. Depending on the location and the extent of the brain injury, the infant may begin to show signs of abnormal activity, increased tone, delayed development, bleeding in the brain, paralysis of the extremities, spasticity, seizures, hypotonia (flaccidity in the trunk), mental retardation and other signs of defects in physical and mental functioning.
During Pregnancy:
mother’s untreated high blood pressure, preeclampsia, eclampsia, toxemia, or diabetes
effects of certain types of genetic defects or syndromes
specific types of infections may occur for the first time during pregnancy, including toxoplasmosis, rubella, cytomegallovirus (CMV), herpes simplex, or untreated group B strep
frequent use of certain types of prescription, nonprescription or illegal drugs, or frequent use of alcohol by the mother during pregnancy
placental abnormalities may occur, including placental insufficiency or premature aging of the placenta during the pregnancy, or premature or sudden separation of the placenta from the wall of the uterus (placental abruption), causing intrauterine growth retardation (IUGR) of the fetus
severe malnutrition of the mother
exposure to certain types of toxic chemicals or other harmful environmental hazards
During the Birth Process:
dystocia, where the baby is stuck in the birth canal too long due to its size or position
damage to the placenta by the birth process – placenta previa or placental abruption
untreated umbilical cord compression, prolapse or occlusion
unrecognized or untreated signs of fetal distress from pressure on the umbilical cord
During the Newborn Period:
hereditary conditions which interfere with the baby’s digestion
complications of severe prematurity, including problems with the heart, blood pressure, circulation, breathing, meconium aspiration, nutrition, hydration, temperature, infection, jaundice, or bleeding
untreated seizures
Each of the above causes has the potential to interfere with normal development of the nervous system or potential to interfere with the delivery of oxygen and nutrition to the brain of the fetus or the newborn infant. When the delivery of oxygen and nutrition to the brain is interrupted, or decreased for a period of time, the brain could potentially suffer injury. Depending on the location and the extent of the brain injury, the infant may begin to show signs of abnormal activity, increased tone, delayed development, bleeding in the brain, paralysis of the extremities, spasticity, seizures, hypotonia (flaccidity in the trunk), mental retardation and other signs of defects in physical and mental functioning.
Informed Consent
It is important that a patient has all the proper information before they make a decision to consent to a medical procedure. The doctor conveys this information to the patient through informed consent. The principle of informed consent requires a physician to provide information about a patient’s medical condition and all their available medical care options. The doctor must adequately inform the patient of the diagnosis, the nature and purpose of the treatment, any alternative treatments, the benefits and risks of the procedure itself and the risks of not undergoing the procedure, and any available alternatives. In essence, under the concept of informed consent, the doctor must not only get the patient’s consent to treatment, but the consent must be obtained from a fully informed patient.
While consenting to treatment may impose certain limits on your rights, signing a statement assuming the risks involved with a procedure does not mean that you have no recourse if the health care provider fails to perform according to acceptable levels of care. Though you may be consenting to certain risks inherent in the medical procedure, you are not consenting to negligent practices by the doctor.
Forms of consent
Consent to a treatment can be given either verbally or in writing, as is common where doctors provide consent forms for patients to sign. There are some situations where consent of a patient is implied, as where the patient exhibits conduct indicating a willingness to undergo the treatment, or in the case of an unconscious patient who is unable to consent and there is no family member available to give consent on his or her behalf (and no living will which directs otherwise).
If the patient is a child, it is usually necessary for a parent or guardian to consent to any treatment, unless treatment is required in an emergency situation and the parent or guardian is unavailable to give consent. Minors do not need consent from a parent or guardian if they are seeking treatment for a sexually transmitted disease or drug and alcohol problems.
Damages
The damages a patient may recover in this kind of medical liability action are different from the damages that might be obtained in a medical malpractice negligence action. Because the liability relates to the lack of consent to a procedure, rather than damage involved in a procedure, a patient may be able to recover damages even if the medical procedure was successful. In a negligence case, the patient must prove that damage occurred in order to be awarded a settlement.
While consenting to treatment may impose certain limits on your rights, signing a statement assuming the risks involved with a procedure does not mean that you have no recourse if the health care provider fails to perform according to acceptable levels of care. Though you may be consenting to certain risks inherent in the medical procedure, you are not consenting to negligent practices by the doctor.
Forms of consent
Consent to a treatment can be given either verbally or in writing, as is common where doctors provide consent forms for patients to sign. There are some situations where consent of a patient is implied, as where the patient exhibits conduct indicating a willingness to undergo the treatment, or in the case of an unconscious patient who is unable to consent and there is no family member available to give consent on his or her behalf (and no living will which directs otherwise).
If the patient is a child, it is usually necessary for a parent or guardian to consent to any treatment, unless treatment is required in an emergency situation and the parent or guardian is unavailable to give consent. Minors do not need consent from a parent or guardian if they are seeking treatment for a sexually transmitted disease or drug and alcohol problems.
Damages
The damages a patient may recover in this kind of medical liability action are different from the damages that might be obtained in a medical malpractice negligence action. Because the liability relates to the lack of consent to a procedure, rather than damage involved in a procedure, a patient may be able to recover damages even if the medical procedure was successful. In a negligence case, the patient must prove that damage occurred in order to be awarded a settlement.
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