March 2017 -

I believe I have been wrongfully terminated in Los Angeles. Can I sue?

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You may be able to sue, depending on the circumstances. Many people who have been fired or laid off believe that they were illegally terminated. They believe that their employer is required to have a good reason to fire them. However, in California employees can fire employees for any reason or no reason at all, unless there are special circumstances at play or the reason for firing is illegal.

Even though employers can fire employees for almost any reason in California, employees do have legal rights. An employer cannot fire an employee for an illegal reason, such as age, race, religion, sex, sexual orientation, disability, or similar reasons. If the employee is subject to an employment contract that provides there must be good cause for firing the employee, he or she cannot be fired without a good reason. If an employee is a member of a union or a government worker, that employee may have extra protections in place. Some common examples of illegal termination include firing older workers because of their ages, firing a pregnant employee because of her pregnancy, or firing an employee because of his or her disability.

If your employer did illegally fire you, the employer may have broken other laws of which you may not be aware. You may not have been properly compensated for overtime, sick leave, or unpaid vacation. Your employer may also be pressuring you to sign a severance agreement. Although it can be very tempting to sign one, since normally there is an amount of salary included, if you do so you are waiving your legal right to sue your employer.

If you believe that you have been wrongfully terminated, do not sign anything without speaking to an attorney. If you are in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation

I was told I should have brain mapping done as part of my deep brain stimulation. Should I do that?

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What particular techniques are used during your surgery is a question for your surgeon. In general, deep brain stimulation surgery involves placing a thin metal electrode into one of several brain targets and attaching that electrode to a computerized pulse generator which is implanted under the skin. The surgery is designed to alter the abnormal function of the brain tissue. Deep brain stimulation is sometimes described as a pacemaker for the brain, and the purpose is to help treat a number of conditions such as Parkinson’s disease and other brain conditions.

Deep brain stimulation can be risky and complex, and typically requires regular follow ups. Brain mapping is a form of IONM (intraoperative neurophysiological monitoring) that records brain cell activity during the surgery to help the surgeon find the intended brain target. In brain mapping, the brain’s signals are played over a speaker so that the surgical team can listen for patterns of neural activity that can help show the location of the recording electrode.

Your surgeon can inform you whether you need this surgery, and the safest techniques to use during the surgery. In most cases, brain mapping and other types of IONM can greatly help the procedure’s chance of success. However, as with any medical procedure, it can go wrong, which result in complications, which can sometimes be serious.

If you believe that your surgery involving intraoperative neurophysiological monitoring was not successful because of the doctor or technician’s negligence, you should speak with an attorney. I can help. Call me, Conal Doyle, Southern California IONM negligence attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

I am having a lot of issues with my leg and it may need to be amputated. Should I keep trying to save it or have it amputated right away?

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I am not a medical doctor and am not qualified to give medical advice, although I am an amputee. Making decisions about when to stop saving a limb can be extremely difficult. There is always the hope that the limb can possibly be salvaged and the fear about living the rest of your life as an amputee.

A study from the VA and the Naval Health Research Center looked at a group of wartime amputees. They examined the medical records of 625 troops with severe lower limb injuries between 2001 and 2008. The study found that the group who had their legs amputated right away seemed to do better than those who waited or who had reconstructive surgery. The study found that those vets had lower rates of infection as well as post-traumatic stress disorder.

The study does not examine the reasons why people who have their legs amputated right away do best, although experts say that those veterans may have psychological benefits, including a certain outcome and not being forced to wait for a decision. However, the study did find that all amputees had a relatively high level of PTSD.

If you are possibly facing an amputation, talk with your doctor about your options for saving your limb, and get a second opinion. As part of the process, remember that you have legal rights as well. You may be able to pursue a civil case related to your amputation if it was caused by the negligence of another party.

Call me, Amputation Attorney Conal Doyle at 310-385-0567. I can help. Call to learn more or to schedule a free consultation. I am also an amputee and can help you get the compensation you deserve.

What are some of the modalities used in intraoperative neurophysiological monitoring? Are any more dangerous than others?

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Intraoperative neurophysiological monitoring (IONM) involves monitoring the nervous system during surgery, using electrodes hooked up to the body. There are a number of methods (or modalities) used during IONM. Some of the more common techniques used include somatosensory evoked potentials (SSEPs), transcranial motor evoked potentials (TcMEPs), brainstem auditory evoked potentials (BAEPs), nerve conductions studies, and electroencephalograms (EEGs).

The modalities used during your particular procedure will depend on what type of procedure you are going to have, the risks involved, and the concerns of the medical team. In general, the methods of IONM used have the same risks, and none are particularly dangerous.

Although there are few to no risks of using IONM during your surgery, the bigger risk of IONM is that it will not be performed correctly, which may lead to serious complications from your surgery. In some cases, equipment may stop functioning during IONM or the monitoring may not be performed correctly.

If you have been harmed during a surgical procedure that was monitored by IONM, you may have a legal cause of action against your medical team. Call me, Conal Doyle, IONM attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

I was harmed because my landlord failed to install smoke detectors. What are my legal rights?

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Smoke detectors and fire alarms are invaluable tools for saving lives. It’s estimated that about 60 percent of deaths that occur due to house fires happen because there were no smoke alarms in the home. According to the Consumer Product Safety Commission, fires are the second leading cause of accidental deaths in the home. Alarms that can detect smoke, fire, and carbon monoxide are critical. Those alarms must be properly maintained as well as properly installed.

Your landlord may be legally liable for failing to install smoke detectors. Property owners have a duty to take steps to ensure that guests on their property are not harmed. In addition, California has laws requiring smoke detectors in certain residential facilities. If a landlord fails to follow the law, and a tenant is harmed, the tenant can sue for damages.

In some cases, a landlord may install smoke detectors and even check them from time to time, but the smoke detector may fail. Smoke alarm failures are not uncommon, and the devices have been recalled in the past due to malfunctioning devices. In that situation, the manufacturer of the smoke alarm may be held liable for your damages.

When victims have been involved in a fire or been harmed because of smoke inhalation, they can file a claim against the responsible parties. It’s important to hire an attorney who can help investigate, file a claim, and preserve evidence. Victims may be entitled to compensation for lost wages, pain and suffering, medical expenses, property damage, and more. Call me, Conal Doyle, Los Angeles premises liability attorney, at 310-385-0567, if you have been harmed due to a fire and you believe that another party is to blame. My team can help. Call to learn more or to schedule a free consultation.

I feel like I was fired because of my age. What are my legal options?

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I’m sorry to hear about your situation. Age discrimination is illegal under both federal law and California law. In order to prove an age discrimination claim, a plaintiff must be able to prove several things occurred. First, the plaintiff must be over 40 and must have been discriminated against in firing, hiring, or promotion because of his or her age. The employee must be able to prove he or she was negatively impacted because of the discrimination. The employee must also be able to prove that younger employees were treated more favorably.

Age discrimination laws do not protect individuals under the age of 40. Therefore, a person cannot be fired because he or she was too young. Also, in some cases age discrimination or forced retirement are legal. Unfortunately, age discrimination can be very hard to prove. Just because a worker is over the age of 40 and was fired does not mean the two are related. Even if a younger worker was hired as a replacement, that still does not prove age discrimination occurred. The employee may not have been a good worker, the position may have changed, or the younger worker may be more talented and qualified.

Normally, in order to prove age discrimination occurred, either the conduct must be blatantly obvious, or the company must have a widespread policy of discrimination. In addition to age discrimination being illegal, harassment based on age is also illegal. Although simple teasing or offhand comments are not illegal under law, if the conduct is widespread and creates a hostile work environment, the employer can be held liable.

If you have been discriminated against based on your age, call me, Conal Doyle, Los Angeles age discrimination attorney at 310-385-0567. I can help. You may be entitled to lost wages, lost benefits, and compensation for emotional damages. Call today to learn more or to schedule a free consultation.

I am an amputee with phantom limb pain. Will mirror therapy help prevent it? Will my insurance pay for that?

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When a person loses a limb, he or she may experience phantom pain or phantom sensation that feels as if it is coming from the missing limb. According to experts, almost everyone experiences phantom sensations after losing a limb. About 85 to 95 percent of amputees report phantom pain after losing the limb.

Amputees report a variety of phantom feelings after losing the limb. It may feel as if it is frozen into position. The feeling may be burning, itching, tingling, or even an electric shock sensation. Some amputees even report feeling that the limb is shrinking inward and disappearing. Fortunately, most amputees suffer only phantom sensations and not phantom pain. Some amputees report the feelings as pleasant, because they remind them of the lost limb. Others, however, experience intense discomfort because of phantom pain.

There are a number of ways to treat phantom pain, some of which involve retraining the brain. One such type of therapy is mirror therapy, in which a mirror is placed between the intact limb and the amputated limb. The amputee then spends time each day looking at the limbs in the mirror to rewire the brain. Another type of therapy called peripheral nerve stimulation can be helpful for some amputees. Peripheral nerve stimulation involves an electrical device that is permanently placed along a nerve, which sends rapid-frequency currents to diminish phantom pain.

Although there are a number of techniques to help rid patients of phantom pain, some insurance companies will not cover them. They may label them as “experimental” or “not medically necessary” in order to avoid payment. If you are an amputee and you believe your insurance company is acting in bad faith, call me, Conal Doyle, Amputation Attorney at 310-385-0567. I am also an amputee, and I can help you fight for the coverage you deserve. Call today to learn more or to schedule a free consultation.

I had an amputation because of strep throat. Can I sue my health care providers?

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I’m very sorry to hear about your amputation. Several stories have made national news lately related to people losing their limbs due to a rare strain of strep throat. According to experts, there are a few hundred cases every year of a particular strain of strep throat, which can cause limb loss and even death. The rare type of strep throat is not contagious, and and some people catch it through their respiratory system of their skin. Strep throat is a bacterial infection, and that particular strain is very hard to detect.

In one recent case in which a man lost his fingers and toes due to strep throat, the man developed flu-like symptoms and stomach pain. He went to an urgent care clinic, which did a strep test and a flu test, both of which were negative. His pain continued to get worse, and we went to the emergency room. Doctors decided to do exploratory surgery, and finally discovered he had a strep infection. The man went into shock and his organs shut down. The doctors were able to save his life, although he lost his fingers and toes.

According to experts, these types of infections are very rare, but if a person very quickly begins to feel unwell from a sore throat, he or she should seek immediate medical attention. It can be difficult in these cases to determine whether or not medical professionals are responsible when the strep throat is not quickly diagnosed, leading to amputation. In some cases, medical professionals may overlook the obvious. However, typically these forms of strep throat are extremely rare and may not appear on a strep test.

If you have suffered an amputation because of strep throat, call me, Conal Doyle, Amputation Lawyer at 310-385-0567. I am also an amputee as well as an attorney, and I work with other amputees to ensure they get the compensation to which they are entitled. Call me today to learn more or to schedule a free consultation on your case.