November 2017 -

My spinal surgeon has urged me to do intraoperative monitoring during my upcoming surgery. Why is that important and what if I am harmed?

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Good luck with your upcoming surgery. Although there are risks with all surgeries, spinal surgery in particular can be dangerous because it involves areas near the nerves and the spinal cord. During spinal surgery, there is a risk that damage to the nervous system can occur. That is one big reason that intraoperative monitoring is recommended. Intraoperative monitoring allows the surgeon to know during the surgery if or when nerve tissue is being injured or is at risk for being injured, so the problem can be corrected immediately.

Intraoperative monitoring (also called intraoperative neurophysiological monitoring) involves hooking electrodes to the body during surgery. Those electrodes monitor the nervous system and allow technicians to know if the body is not reacting as it should during surgery. Many potential complications can be avoided with careful monitoring.

In many cases, spinal surgery involves the use of hardware, such as screws, rods, plates, and more. There are a number of potential complications from the implantation of hardware, including damage to the spinal cord and the nerves. In the past, surgeons have relied on CT scans and X-rays to check the placement of hardware during surgery, but those methods aren’t always accurate. Intraoperative monitoring is more effective.

In most cases, intraoperative monitoring is quick, painless, and easy. However, it doesn’t always go as planned. If you have been harmed during a surgery that involved the use of intraoperative monitoring, you may wish to speak with an attorney. One of the members of the team may have committed medical malpractice, and you may have the right to recover compensation for your injuries. Call me, Conal Doyle, intraoperative monitoring malpractice attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

I lost my leg in an explosion at work in California. Can I sue my employer for my injuries?

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I am very sorry to hear about your workplace accident that resulted in an amputation. As an amputee, I understand the new physical challenges you are facing, as well as the emotional issues that can accompany an amputation.

You may be able to recover compensation from your employer after the accident, but you may not be able to sue. Although there are exceptions, often, when an employee is injured on the job, he or she is limited to recovering benefits allowed under workers’ compensation laws. Workers’ compensation laws typically provide for three types of payments to those workers who are injured on the job: compensation for lost wages, compensation for medical expenses, and a lump sum payment to workers who have a permanent disability as a result of their injuries. Normally, you cannot sue your employer directly for the injury, even if his or her negligence was directly at fault for your injuries.

If, however, you are injured on the job, and another party that is not your direct employer or a co-worker causes or contributes to an injury, you are normally entitled to collect workers’ compensation from your employer, and pursue other forms of compensation with a lawsuit against the other party. Normally, cases that are pursued under civil law, as opposed to workers’ compensation, have a greater value, since the available damages normally far exceed those available under workers’ compensation laws. Some of the types of damages that are recoverable in third-party lawsuits include money for pain and suffering, lost wages, medical expenses, and more.

If you have suffered an amputation because of the negligence of your employer or another party, you should speak with an attorney. Call me, Conal Doyle, Amputation Attorney, at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.

What can I do if I am discriminated against in the workplace in Los Angeles because I am HIV positive?

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If you are discriminated against in the workplace because you are HIV positive, you may be able to sue your employer for damages, depending on the circumstances. By law, HIV and AIDS qualify as disabilities, even if the employee does not have any symptoms. Therefore, disability discrimination laws prevent employers from discriminating against employees because of the diagnosis.

The applicable federal laws cover all public employers, and private employers with 15 or more employees. The laws prohibit employers from discriminating against employees in all employment practices such as hiring, firing, job assignments, benefits, wages, training, promotion, layoffs, and more.

If the employee is able to perform the essential functions of the job, but may need reasonable accommodation, the employer is required to provide that accommodation. A reasonable accommodation is any modification that would not be significantly difficult or expensive in relation to the size of the employer. For example, if an HIV positive employee needs to schedule his or her work around doctor’s appointments, the employer would probably be required to allow that. Some employers may claim that they do not want to hire a person with HIV, because of the risk to the health and safety of their other employees and to their customers. However, HIV transmission only rarely is considered a direct threat to safety.

Employers are legally prohibited from asking employees or potential employees about their HIV status. If an employer does learn that an employee is HIV positive, federal law requires that the employer keep that information confidential.

If you believe that you have been discriminated against in the workplace because you are HIV positive or have AIDS, you should speak with an employment attorney. If you’re in the Los Angeles area, call me, Conal Doyle, Los Angeles employment attorney at 310-385-0567. My legal team with provide you with a free consultation. Call today to learn more.

My spouse was diagnosed with mesothelioma in Los Angeles. Do I have any legal rights?

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I am very sorry to hear about the diagnosis of mesothelioma. Mesothelioma is a rare but deadly form of cancer. It is caused by exposure to asbestos. Sadly, the manufacturers of asbestos hid the dangers of the product from the public for years, which caused many premature deaths.

Mesothelioma can occur when asbestos fibers accumulate in an individual’s lungs. Mesothelioma develops very slowly. Many victims can live for years or even decades without any symptoms. In a lot of situations, mesothelioma victims develop the disease long after they left the environment in which they were exposed to asbestos. Often, the disease is at first mistaken for other common respiratory illnesses. However, the symptoms usually become worse quickly, and at that point mesothelioma is typically diagnosed. The initial symptoms are fatigue, unexplained weight loss, loss of appetite, nausea, coughing, shortness of breath, labored breathing, and chest pains.

The use of asbestos in most products was banned in 1970. However, asbestos manufacturers became aware of a link between asbestos and illnesses as early as 1920, but kept that information hidden from the public until later. It can take as long as 50 years for some victims to develop mesothelioma after being exposed to asbestos, so today people are still becoming ill from the disease, even though the exposure may have occurred decades ago. Some industries that used to use asbestos regularly include railroads, many manufacturing plants, construction, insulation installation, and more.

Victims of mesothelioma have the right to obtain compensation for their illness. If you have been diagnosed with mesothelioma, you should speak with an attorney. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call us today to learn more or to schedule your free consultation.

My child was hurt by a Los Angeles carnival ride. Can I sue the ride’s operator for her injuries?

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Although carnival and amusement park rides are designed to be exciting and fun, they can at times result in dangerous and even deadly accidents when the rides malfunction or if they are not properly operated. Unfortunately, children are most susceptible to injuries from carnival rides. It’s been estimated that about two-thirds of all amusement ride accidents involve toddlers, preschoolers, or young children.

Although safety rules are in place, they are not always followed. If the carnival is a travelling one, rather than a permanent one, safety lapses may occur. It is the responsibility of the carnival owners and operators to keep their riders safe. However, parents have a responsibility as well to reduce the odds of an accident. Parents should pay attention so they can make decisions on which rides are safe for their children – they should not rely on the ride’s operators to determine if the child is not the correct size for the ride. Also, children can become scared or excited on rides, and may not necessarily act in a responsible manner. It is important to teach children about how to be a safe rider, as well as to provide supervision on the rides.

If your child is harmed on a carnival ride because of safety lapses with the ride, your child may be entitled to compensation for his or her injuries. Your child may be entitled to medical expenses, pain and suffering, and more. Call me, Los Angeles personal injury attorney Conal Doyle at 310-385-0567. My team can help you and will provide you with a free consultation on your case. Call today to learn more.

I was hurt in a bicycle accident in Los Angeles by an automobile. How much money can I expect to get for my case?

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As more people move to big cities like Los Angeles, many of them choose to use other forms of transportation to get around, like bicycles. As a result, there has been an increase in bicycle accidents across the state. Accidents between a person on a bicycle and an automobile tend to be among the most serious, especially for the bicyclist. If you are injured in a bicycle accident, you may need compensation to pay your medical expenses, repair your bicycle, make up for time missed from work, and more.

In order to win a bicycle accident lawsuit, you must normally be able to prove that the driver who crashed into your bicycle was negligent. This means that the driver failed to act as a reasonable person would under similar circumstances. Commonly, the drivers may be speeding, fail to yield to bicyclists, changing lanes illegally, running red lights or stop signs, or other types of behavior. Regardless of the specific form of negligence, the bicyclist must be able to prove that the driver owed the bicyclist a duty, the driver breached that duty, the breach of that duty caused your injuries, and that you suffered damages as a result.

Many bicyclist clients who are injured in bicycle accidents immediately want to know how much their bicycle accident case is worth. Every case is different, and each settlement or verdict arises from its own particular facts and circumstances. Your settlement or verdict will depend on the insurance coverage that is available, how serious your injuries were, how much time you missed from work, and other factors.

If you want to learn more about your legal options following a bicycle accident case, call me, Conal Doyle, Los Angeles bicycle accident attorney at 310-385-0567. We will provide you with a free consultation on your case. Call today to learn more or to schedule a free consultation on your case.

I recently became handicapped in Los Angeles. Does my boss legally have to build an elevator for me to be able to get into the building?

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I’m sorry to hear about your health issues. What steps your company has to take to accommodate you depend on the company and several factors related to the company.

The first thing to know is that under both federal and state law, companies are not allowed to discriminate against you because of your disability. Disability discrimination means treating an employee in a negative way in any aspect of employment because of his or her disability. This could mean in hiring or firing, pay, benefits, promotions or demotions, or job assignments. In addition, harassment in the workplace because of a disability is also illegal.

The law also requires employers to make reasonable accommodations for employees or job applicants with a disability. A reasonable accommodation means any change in the job description or employment conditions to help a person with a disability. Some examples of reasonable accommodations include asking an employer to make some small modifications in the job duties to assist an employee who is hard of hearing, or purchasing a special desk for someone with a disability. However, if the reasonable accommodation would cause an undue hardship to the employer, the employer does not have to provide the accommodation. Undue hardships are considered too expensive or difficult to the employer.

In your case, asking your employer to remodel the building to include an elevator would probably not be considered a reasonable accommodation that the employer would have to provide. However, if you have a job that you could do from home, or if the employer could easily transfer you to another location without the elevator issue, the employer may be legally required to do that.

If you believe you have been discriminated against in your employment situation, you should speak with an employment law attorney. If you’re in the Los Angeles area, call me, Conal Doyle, Los Angeles employment law attorney at 310-385-0567. I will provide you with a free consultation on your situation.

I was burned in a fire in my apartment building in Los Angeles. Can I sue my landlord or the building’s owner for my injuries?

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I’m so sorry to hear about your burns. Burns can be so traumatic because they can leave both physical and emotional scars. They are also very painful. If you were burned as a result of a negligent property manager or building owner, you may be able to recover compensation for your injuries. You should speak with an attorney who can guide you on the best course of action.

One of the risks of apartment living is that you can be hurt or suffer other negative consequences through no fault of your own. Landlords and neighbors may take risks or act irresponsibly, which can result in you being hurt, even though you may have taken all of the precautions you could to avoid a fire.

Legally, it’s the responsibility of the property owners and managers to take every reasonable action they can to reduce the risk of a fire, as well as to keep their buildings up to code, in order to protect the safety of their tenants. They must make sure the property is correctly wired, maintain smoke detectors, keep fire escapes free from clutter, and provide fire extinguishers. If they do not take the correct actions and a fire occurs, they can be held legally responsible. In some cases, the responsible party may pressure fire victims into keeping the matter quiet in order to avoid the financial liability.

If you have been burned in a fire in an apartment building, you should speak with an attorney. Call me, Conal Doyle, Los Angeles premises liability attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

Do I have to speak to an insurance adjuster if I have been injured in an accident in Los Angeles?

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No, if you have been injured in an automobile, motorcycle, pedestrian, bicycle, or other type of accident in Los Angeles and you are asked to speak with an insurance adjuster, you do not have to give a statement. In fact, it may not be in your best interests to make a statement at all. You should consider speaking with an attorney before talking to anyone.
Normally, the way the process works is that after an accident, the insurance company will assign an adjuster to handle the case. The adjuster is responsible for interviewing people who have information on the accident, as well as the people involved directly in the accident. The insurance adjuster often records these statements.
While it may be understandable that an insurance adjuster would want to gather the facts of the accident afterwards, you should be aware that insurance adjusters are trained to get information that is favorable to the insurance company. They may ask you seemingly innocent questions with the ultimate goal of making sure that you do not get the fair amount of compensation to which you are entitled. Insurance companies make their money from taking in as many premiums as possible and paying out as little as possible.

Insurance adjusters often want to talk to accident victims immediately after the accident. While that may seem smart, so that they are getting the information while it’s fresh in the victim’s mind, often the victim may be focused on the pain and unable to make a good statement. Or, the victim may not be fully aware of all the injuries after an accident, which can make things difficult later.
If you have been injured in an accident in the Los Angeles area, you should speak to an attorney before speaking with any insurance adjuster. The attorney can help advise you on what is in your best interests. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation.

I believe that my elderly parent was neglected in a nursing home.

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Nursing homes must provide individualized care for each patient. Facilities that care for the elderly, who are one of the most vulnerable populations in this country, must invest the necessary time and resources into making sure that all of their patients’ medical and personal needs are met. When nursing homes fail to meet those needs, patients begin to suffer and can even die.

Unfortunately, neglect is not uncommon among nursing home patients. There is often a systematic problem at the home, where the home is short staffed, the workers are not well-trained, or there is chronic mismanagement. Some signs of serious problems with neglect include bed sores, malnutrition, and dehydration. All of those can occur when employees fail to provide necessary care to patients who are in need.

In more serious situations, nursing homes do not just fail to provide basic care – they may actually harm the patient. Some signs of serious issues with the home include untreated health problems, wandering by the patients, repeated falls, burns, and medication issues. Those situations are particularly serious and should be addressed immediately.

Nursing homes have a legal duty to their patients to provide an acceptable level of care. If that is not provided, loved ones may have a right to seek compensation for their loved ones’ injuries. If your loved one has suffered in a California nursing home, call me, Conal Doyle, Los Angeles negligence attorney at 310-385-0567. We can help.