April 2017 -

I was harmed during LASIK eye surgery. Should I sue my doctor?

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LASIK eye surgery has become extremely popular in the last couple of decades. It’s been estimated that over a million people a year in the U.S. undergo either LASIK surgery or another type of eye surgery. Unfortunately, many of those people experience a loss of vision because of medical malpractice.

There are a number of types of errors that may occur during eye surgery. The patient may be a poor candidate for eye surgery, and the doctor may fail to recognize that in order to get more patients and make more money. The surgeon may be careless and may not have used the correct tools, or may not be paying enough attention to the surgery. There are a number of way in which surgeons can commit malpractice, which can have a very serious impact on patients’ lives.

A patient who has impairment after an eye surgery may have issues with his or her sight for the rest of his or her life. It can be very difficult to undo the effects of an ineffective eye surgery. The patient may be stuck with blurry vision, permanent blindness, double vision, seeing spots, or an inability to determine depth. It is critical that doctors take the time to properly screen potential patients as well as to very carefully perform the operation.

The good news is that compensation is available for patients who are harmed by a loss of vision after an eye surgery. The patient may be entitled to compensation for medical expenses, lost wages, and pain and suffering. If you have been harmed by a negligent eye surgeon, call me, Conal Doyle, California medical malpractice attorney, at 310-385-0567. We can help. Call today to learn more or to schedule a free consultation.

Can I sue if I have been harmed by a defective ladder?

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Yes, you may be able to sue if you have been harmed in a ladder accident that involves a defective ladder. However, most ladder accidents are not caused by defective ladders, but instead because the ladder was improperly used. In order to recover, you must be able to prove either that the ladder was defective, or that another party was responsible for your accident.

Studies have shown that most ladder accidents occur in the home instead of at work. One big reason is that many ladder users do not know how to use it safely. Fortunately, most people who are injured in the home because of ladder accidents are able to walk away with only minor injuries. Only about 10 percent of ladder accidents are serious enough to require hospitalization. The most common injuries involving ladders are broken bones in the feet, hands, and wrists, or other broken bones.

It’s important that you speak with an attorney if you believe that your accident was caused by a defective ladder, rather than being improperly used. Some cheaper ladders are made of inferior materials or are poorly designed. They may have a defect with the ladder extension that can cause it to slip.

Call me, Conal Doyle, Los Angeles personal injury attorney if you have suffered injuries because of a ladder defect. Normally, an investigation will be performed to help determine the exact causes of the problem with the ladder. If you are successful, you may be able to recover compensation for your medical expenses, lost wages, pain and suffering, and more. Call today at 310-385-0567. We can help.

My pharmacist made an error and I took the wrong medication. Can I sue for my damages in Los Angeles?

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Pharmacists play an essential role in the health of their patients. They must keep track of all medications patients take in order to ensure there are no drug interactions, as well as properly filling doctors’ prescriptions. When pharmacists are negligent in their duties and a patient is harmed, the pharmacist can be held liable for injuries.

It’s been estimated that there are roughly 1.5 million preventable drug events every year. Although some of these have no long term effects on patients, many do. Many of those are attributable to errors made by pharmacists. When a pharmacist fills a prescription with the wrong medication or an incorrect dosage, that pharmacist commits malpractice.

There are a number of common types of mistakes that can be made by pharmacists. Some common pharmacy errors include dispensing the wrong medications, failing to warn of potential side effects, labeling medication incorrectly, providing incorrect dosage, and failing to take note of medications that may interact with each other.

If you have suffered an injury because of a mistake made by a pharmacist, you have legal rights. You may wish to speak to an attorney. Call the legal team at Conal Doyle Law at 310-385-0567. We can help. You may be entitled compensation for your medical expenses, time off work, and more.

My arm was amputated after a boating accident. Can I sue the boat’s operator?

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I’m sorry to hear about your amputated arm. In order to sue the boat’s operator, you must be able to prove that the injuries were caused by the boat operator’s negligence. By law, a boat’s driver must use reasonable care in driving a boat with passengers onboard. If the operator drives recklessly, uses alcohol while driving, or fails to take necessary precautions, and a person on the boat is harmed, that person can make a legal claim against the operator.

If more than one boat is involved, it is possible that both boat operators could be held legally responsible. If the accident is caused because of a collision between two boats, both operators may be partially responsible. In some cases, an accident may be caused by a boat making contact with a large wave or wake that rocks the vessel. The boat operator may be responsible, or if the wake occurred in a “no wake” zone, the other boat driver could be held liable. There are a number of other potential causes of boat accidents, including colliding with objects or land, or failing to provide property safety equipment.

Regardless of the causes of your boating accident, you have probably incurred significant medical expenses, pain and suffering, and mental and emotional trauma as a result of the accident. You may be unable to work, and could face huge expenses in obtaining a prosthesis.

If you have suffered an amputation because of a boating accident, call me, Conal Doyle, Amputation Lawyer Conal Doyle at 310-385-0567. I am not only a personal injury attorney, I am also an amputee. Call today to learn more or to schedule a free consultation on your case.

I was rear-ended on a motorcycle. Should I sue the driver?

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Motorcyclists can be highly susceptible to being rear-ended on their motorcycles. An automobile driver may not be paying attention and may fail to see the motorcycle because of its smaller size. Motorcycle riders face much larger dangers in becoming injured from rear-end motorcycle accidents.

There are a number of reasons motorcycle accidents occur in California. In many rear-end accidents, the driver is not paying attention because of texting, talking on the phone or surfing the internet. The driver may be speeding and may fail to stop in time for a red light.

Motorcycle drivers can take steps to help prevent being rear-ended. The best thing to do is to pay attention. If a motorcycle driver is alert, he or she can anticipate changing traffic lights, drivers making abrupt stops, or drivers approaching too quickly from behind. Unfortunately, many motorcycle riders who are rear-ended by an automobile end up suffering very serious injuries, because the motorcycle lacks the protections that automobiles have. Many motorcyclists suffer brain injuries, broken bones, internal injuries, permanent disabilities, or even death.

If you or a loved one has been rear-ended while on a motorcycle, call me, Conal Doyle, California motorcycle accident attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I was injured as a maritime worker in California. What are my legal rights?

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In 1920, Congress passed the Jones Act, which is also called the Merchant Marine Act of 1920. It was enacted in order to help merchant mariners and crew members who get hurt while working on water vessels.

Under the Jones Act, owners of vessels are required to provide well-maintained and safe vessels for employees. The vessel must be maintained in a seaworthy manner, and must be in proper working order. Working in the water transportation industry is very dangerous, as is commercial fishing and working on oil rigs.

In order to recover damages for injuries from the owner or operator of a vessel, a crew member must show that the injury was the employer’s fault. Although other workers who are injured in the course of their employment are covered under workers’ compensation, the only remedy for an injured seaman is to pursue a claim against his or her employer under the Jones Act.

If an injured seaman is able to prove liability, he or she is entitled to temporary benefits called maintenance and cure. Maintenance is a stipend paid to workers who are removed from work by a doctor because of an injury. Cure is a payment for medical expenses. In addition, the injured seaman may be able to recover for lost wages, pain and suffering, and more.

Call me, Conal Doyle, California personal injury attorney, if you have been injured while on a water vessel. You can reach my team at 310-385-0567. We can help. Call today to learn more or to schedule a free consultation.

I need to choose an assisted living facility for my parents. What should I look for, and what are my options if they receive poor care?

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There are millions of older Americans living in assisted living facilities, and that number is on the rise. The benefits are that assisted living is frequently less expensive than nursing homes or home health care, and they offer patients more independence and privacy.

Finding the appropriate facility for a loved one can be overwhelming. In most cases, the search should begin months or years before the facility is needed. If you are in an emergency situation and feel pressured or rushed, you are not likely to make the best decision.

For each facility that you are visiting, you should tour the facility, and attend any open houses or special events that are offered. You can ask for recommendations from your parent’s doctor, who may be able to provide a lot of information about which facilities are preferable. When you have narrowed in on a couple of facilities, you should make unannounced visits, and do not be afraid to answer the tough questions as they relate to your parent’s care.

While touring facilities, look to see if it is clean and well organized. Try to ascertain how many activities are available, and if they are activities that your parent would be interested in. You should eat a couple of meals there to determine if you enjoy the food. Are the rooms large enough and well laid out so that your parent would feel at home? Do the residents there seem interested and engaged in life? Does the facility help with medication, assistance with bathing and dressing, and more?

If you have chosen an assisted living facility, and you believe the assisted living facility has provided your parent with poor care, discuss that with the supervisor of the facility. If the treatment has harmed your parent, you may wish to discuss your options with an attorney. The facility may have committed either medical malpractice or standard negligence.
Call me, Conal Doyle, Los Angeles assisted living malpractice attorney, at 310-385-0567. My team can help. Call us today to learn more or to schedule a free consultation on your case.

Will my insurance company pay for a new treatment to help with my pain from my amputation?

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I’m sorry to hear about your amputation and the pain surrounding it. For many people who have lost a limb, the pain comes from sensitivity of nerve endings around the amputation site. There may also not be enough padding over the bone. Some patients may not be able to wear a prosthetic limb.

In some cases, the amputee is able to undergo another surgery to help repair the amputation site. Bone may be removed, or tissue added to the area. Although this may help, there are always risks with every surgery, and patients may have scarring, infection, and pain from the surgery.

A new therapy to help patients with issues about their amputation site is being studied. It uses a person’s fat tissue to build up new fat tissue around an amputation site. The fat is typically taken from the thighs or belly using small tubes, and it is then administered to the amputation site. Stem cells may be concentrated in the area, so that the stem cells can promote healing of the tissue. The benefits of this treatment are that it is minimally invasive, can be repeated, and allows the patient to have other surgical procedures at the amputation site, if necessary.

Thus far, results from the therapy are promising. However, this is still in the research phase, and is not a treatment offered by doctors at this time. If it does become an approved treatment, your insurance company should cover it, but may refuse, claiming it is an experimental treatment and therefore not covered under the terms of your policy.

If you are an amputee and you believe your insurance company is acting in bad faith, call me, Amputation Attorney Conal Doyle at 310-385-0567. I am also an amputee as well as an attorney, and I enjoy helping clients fight their insurance companies for benefits to which they are entitled. Call today to learn more.

What can I do if I am injured in an accident with a driver who was texting and driving?

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I’m sorry to hear about your accident. Despite all the education that has occurred over the past decade, texting and driving is still very prevalent. In addition, about 46 states have laws against texting and driving, and 94 percent of drivers support that ban. Even so, about 1.6 million accidents are linked to texting and driving each year, resulting in about 330,000 injuries.

Although most drivers would never consider drinking and driving, about 10 percent of adults admit to texting and driving. For teens, the percentage is much higher. Statistics have shown that texting and driving is six times more likely to cause an accident than driving while intoxicated. On average, sending a text takes a driver’s attention off the road for about five seconds, which if traveling at 55 miles per hour, means a driver could travel the length of a football field without looking at the road.

If you have been the victim of a texting driver, you have legal rights. If you can prove the driver was texting at the time of the accident, you can prove liability, which means the driver can be held responsible for your damages. Your damages may include compensation for medical expenses, damage to your vehicle, lost wages, pain and suffering, and more. Your attorney may be able to subpoena the other driver’s cell phone records, which can help prove negligence.

If you have been involved in an automobile accident which occurred in southern California because of a distracted driver, call me, Conal Doyle, Los Angeles automobile accident attorney at 310-385-0567. My firm can help. Call us today to learn more or to schedule a free consultation on your case.

My child has cerebral palsy. Can I sue my doctor?

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You may be able to sue the doctor, if a doctor’s negligence led to your child’s cerebral palsy. Cerebral palsy is a group of neurological disorders that are usually caused by brain abnormalities during pregnancy, the delivery, or early in a child’s development. Most children who are born with cerebral palsy do not show any symptoms until months or years later.

In many cases, the brain damage associated with cerebral palsy occurs during pregnancy or during the birth process. A doctor or nurse may delay the delivery or fail to monitor the baby for signs of fetal distress. If the oxygen supply is cut off during delivery, the baby could get cerebral palsy. Cerebral palsy can also occur because of an accident, or even two or three years after a child’s birth. Cerebral palsy impacts a child’s speech, development, and coordination.

In some situations you can sue the doctor if your child has cerebral palsy. Normally you will need to prove that the doctor’s negligence led to your child’s cerebral palsy. If your child got cerebral palsy from an accident, you may be able to sue any negligent parties that caused the accident. Normally, your attorney will review your medical records and speak to eyewitnesses in order to build a case against the doctor or other negligent party.

If you are successful in your legal case, you may be able to receive compensation for your past and future medical expenses, which can amount to a great deal of money. You may also sue for your child’s pain and suffering and loss of income as a result of the disability.

If your child has cerebral palsy and you believe it is the result of negligence, call me, Conal Doyle, Los Angeles medical malpractice attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation.