December 2017 -

I am a railroad worker and I was injured in an accident at work. Can I collect workers’ compensation after my accident?

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I am so sorry to hear about your workplace accident. Unfortunately, railroad workers have a higher risk of injury on the job than most other occupations. The fatality rate for railroad workers is over double that of all other work-related deaths.

The railroad industry has its own special compensation program, which is called FELA (Federal Employers Liability Act). FELA was created by the federal government in the early 1900s as a way to pay railroad workers for their injuries above and beyond regular workers’ compensation. Because of the high amount of employee injuries and deaths caused by the railroads, the government decided that the railroads should be burdened with the costs of these injuries.

FELA is different from workers’ compensation in several ways. First, under workers’ compensation laws, the injured employee does not have to prove that the employer was at fault in order to make a claim. Under FELA, the employee must prove that the employer was at least partially to blame for the accident. Under workers’ compensation laws, employees cannot recover anything for pain and suffering. Under FELA, the injured employee can be awarded damages for pain and suffering.

FELA is a unique set of laws that applies only to the railroad industry, and it’s important that an injured railroad employee have legal representation, particularly since the employee must be able to prove that the employer was negligent in some way. Having an attorney who is educated on FELA cases can help the employee a great deal.

If you have been injured on the job as a railroad worker, you should speak to an attorney. You have extra legal rights that a qualified attorney can help you protect. If you are in Los Angeles call me, Conal Doyle, Los Angeles personal injury attorney, at 310-385-0567. I will provide you with a free consultation on your case. Call today to learn more.

I had an amputation due to a circulatory problem. I believe doctors could have saved my leg. Can I sue the doctors for my amputation?

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I’m so sorry to hear about your amputation. I am also an amputee, and I can relate to the challenges that you are most likely facing after the loss of your limb.

Circulation problems are a huge cause of amputations in the U.S. If you have a blockage or a narrowing of the arteries that supply blood to your legs, the circulation to your legs is reduced. You may have developed pain in your feet or legs that may keep you awake at night. You may have also developed foot ulcers or even black areas on your feet, legs, or toes.

If your arterial disease is left untreated, normally your pain will increase. Tissue in your legs will eventually die because of a lack of oxygen and nutrients, which can cause infection and gangrene to set in. At some point, amputation may be recommended. However, amputation is a last resort, and your doctor will likely not recommend it unless he or she has decided there is no other way to improve your circulation.

It’s likely that your doctor will do everything possible to save your leg. Unless there is an emergency situation with your limb, as a patient you should always get a second opinion before agreeing to an amputation. In some cases, it is possible that the leg can be repaired enough to avoid an amputation.

If you believe that your doctor unnecessarily amputated your limb when it could have been saved, or if you believe that negligent treatment by a doctor caused you to lose the limb, you should speak with an attorney. An attorney can request your medical records and make a determination about whether you have a strong case.

If you are exploring your legal options after an amputation, call me, Conal Doyle, Amputation Attorney, at 310-385-0567. My team can help. Call us today to learn more or to schedule your free consultation.

I was hit by a vehicle at a traffic light in Los Angeles. Should I sue the other driver?

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Whether or not you should sue the other driver for your accident depends on the circumstances of the accident. If you suffered no injuries and there was little or no damage to your vehicle, you may be able to work directly with the other driver’s insurance company to cover your damages. However, if you suffered injuries or if there was extensive damage to your vehicle, you may wish to speak with an attorney.

Accidents at traffic lights are not unusual. Anytime two or more roads come together at an intersection, there is a higher possibility of an accident occurring. Experts have estimated that about 40 percent of all traffic accidents occur at intersections, with about 7,000 deaths and 700,000 injuries each year. Most of the accidents happen because one or more of the drivers involved made a bad decision before driving through. They may have ignored the traffic lights or not followed the right-of-way laws.

In a congested city like Los Angeles, there is a high number of car accidents that occurs at intersections, which means there is a large number of personal injury and property damage claims that can provide compensation to injured accident victims. Every victim of an accident that occurs at an intersection, whether the person is a driver, pedestrian, bicyclist, or car passenger deserves to be compensated for their losses and injuries that have resulted from the accident.

If you have been injured in a Los Angeles intersection accident, call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team is experienced in handling accident cases, and we will work hard to get the best settlement possible for you. Call today to learn more or to schedule a free consultation on your case.

Are my coworkers allowed to make jokes about me because of the country I am from?

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No, your coworkers are not allowed to make jokes about you because of your country of origin. However, in order to be actionable, the jokes must be frequent and severe – simple teasing on occasion is not illegal. By law, it’s illegal for an employer or another person in the workplace to harass or to take any negative actions against an employee because of that person’s national origin. National origin generally includes a person’s cultural characteristics, language characteristics, birthplace, or ancestry.

If you believe that you have been discriminated against at work because of your national origin, you can file a complaint with a state or federal agency or sue for discrimination. There are federal laws that make national origin discrimination illegal, including the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1965, and the Immigration Reform and Control Act of 1986. In California, the Fair Employment and Housing Act makes national origin discrimination in the workplace illegal.

Those laws make it illegal for employers to make decisions about hiring and firing, promotions, raises, benefits, or other terms and conditions of employment based on national origin. The laws also make harassment based on national origin illegal. Harassment can include offensive jokes or ethnic slurs. However, the harassment must be so frequent or severe that it affects the working environment. Also, the harassment can be done by anyone, including an employer, a supervisor, a co-worker, or even a customer.

If you believe that you have been discriminated against in the workplace in Los Angeles based on your national origin, call me, Conal Doyle, Los Angeles national origin discrimination attorney at 310-385-0567. My team can help. Call today to learn more or to schedule a free consultation on your case.

I had a major infection after I had surgery in Los Angeles. Can I sue the doctor or the hospital?

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I am sorry to hear about your infection after surgery. Normally surgery and the recovery period afterwards can be stressful enough, but to add an infection to that can make a bad situation even worse.

If doctors and other medical professionals do not take the necessary actions to prevent the spread of infections during and after surgery, the lives of patients can be placed at serious risk. Infections after surgery are on the rise in the U.S., most likely because of the increasing numbers of strains of drug resistant bacteria.

Some experts say that about 200 people in the U.S. die every day because of an infection after surgery. Fortunately, there is an increasing awareness about the issue, and many hospitals are putting more procedures in place to help prevent infections. Many infections occur because of negligence on the part of the hospital, doctor, or other medical personnel. The tools may not have been properly sterilized, the hospital environment may have been contaminated, or patients may have been sent home from the hospital without being properly examined.

Often, the hospital and the doctor may have done everything correctly and the patient still got an infection. If a patient gets an infection, normally the patient can make a full recovery if it is treated quickly. If the doctor fails to quickly diagnose the infection, the patient could have very serious complications like shock or death.

If you have developed an infection after surgery, you should speak with an attorney. You may be able to hold the hospital and/or the doctor liable for your injuries. If you are in southern California, 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.

My doctor has recommended that I have intraoperative neurophysiological monitoring during my upcoming laminectomy. What should I do if something goes wrong?

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Good luck with your upcoming procedure. If your surgeon has recommended that you undergo monitoring, you should take his or her recommendation, or possibly get a second opinion.

Laminectomies are back surgeries that are commonly called decompression surgeries. They enlarge your spinal canal in order to relieve pressure on your spinal cord and nerves. Intraoperative neuromonitoring involves hooking electrodes to a patient’s body during surgery to monitor the nervous system. A technician monitors the signals that the nervous system sends, and communicates that information to the surgeon. This allows the surgeon to know in real time whether the nervous system is being damaged during surgery.

Some studies have shown that intraoperative neuromonitoring can reduce the chance of a bad outcome during surgery by 50 percent or more. Without the monitoring, the surgeon may not know that something bad has happened during the surgery until it is too late.

Although intraoperative neuromonitoring has minimal risks and typically makes surgical procedures safer, there have been cases where the neuromonitoring has been poorly performed and the patient was severely harmed during surgery. In that case, the patient should speak with an attorney who can advise him or her of their legal rights. If you believe that you have been harmed during surgery, call me, Conal Doyle, intraoperative neuromonitoring attorney at 310-385-0567. I have experience in handling this type of case, and can help. Call today to learn more or to schedule a free consultation.

I was harmed by carbon monoxide in my apartment in Los Angeles. Can I sue my landlord?

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When the weather turns cold, typically we hear about a tragedy involving a person or a family who was killed or seriously injured by carbon monoxide poisoning. This normally happens when their furnace malfunctions or is not properly vented outside.

Carbon monoxide is often referred to as a “silent killer”. It has no odor, taste, or color, and it is deadly. It is released when fossil fuels are burned in oil or gas furnaces. When the gas is inhaled, it combines with hemoglobin in the individual’s blood, which blocks the ability to carry oxygen to the cells of the body. This can cause the body to begin to suffocate, even though the person is still breathing. Carbon monoxide poisoning can be treated by removing the person from the gas, or by giving them oxygen. However, in some cases that does not happen quickly enough, and the person may die from carbon monoxide exposure.

If you were exposed to carbon monoxide in your apartment, your landlord may be held legally responsible, depending on the circumstances of what happened. Because carbon monoxide is odorless and colorless, it cannot be easily detected. If an apartment building used gas or oil furnaces, the landlord should install carbon monoxide detectors. They are not expensive and can help prevent a tragedy. The landlord should also have chimneys, furnaces, and fireplaces inspected regularly. In some cases, the landlord is not to blame. The heater or furnace may have been improperly installed or defectively designed or manufactured. In that case, you may be able to hold another company liable for your injuries.

If you have been injured by carbon monoxide in Los Angeles, you should speak with an attorney. You have legal rights that need to be protected. 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 just lost a limb in an accident and I’m having issues with depression. Do I have any legal options that can help?

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I am sorry to hear about the issues you are experiencing. It’s important to know that you are not alone. Thousands of Americans lose limbs each year. For most people, losing a limb involves a difficult grieving process. That grieving process is different for everyone and normally depends on a number of factors such as your gender, age, support network, other issues in your life, how you lost your limb, and how you have coped with other problems in the past.

Some signs and symptoms of depression include a lack of energy, a loss of appetite, difficulty sleeping, loss of interest in otherwise enjoyable activities, and feelings of hopelessness or worthlessness. Depression is difficult but not uncommon, and can be overcome. You should seek professional help. There’s nothing wrong with talking to a counselor or another mental health professional, especially after so big a loss as the loss of a limb.

Besides working with a professional, there are steps you can take yourself, such as getting enough rest, limiting your alcohol use, exercise, eating right, seeking support from friends and family, visiting a support group, watching comedies or doing things that make you laugh, and meditation. If you are having physical issues with the limb loss beyond the emotional issues, you should talk to your doctor. If traditional medicine doesn’t work, you should consider alternative medicine, like massage, acupuncture, or hypnosis. It’s hard to recover from depression if you are in physical pain.

Legally, you may have some options that could help you recover from your limb loss. If the amputation was caused by the wrongdoing of another party, such as a doctor’s malpractice or the reckless behavior of another driver, you should speak with an attorney. You have suffered a serious loss and are entitled to be compensated for that loss. The compensation can help you rebuild your life in a positive way.

Call me, Conal Doyle, Amputation Attorney, at 310-385-0567 if you have suffered a limb loss because of another person’s wrongful actions. I can help. I am not only a personal injury attorney, I am also an amputee. Call today to learn more or to schedule your free consultation.

What are black box warnings for prescription drugs, and should I pay attention to them? What can I do if I am harmed by a prescription drug?

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Black box warnings on prescription drugs are very important. Actually, all warnings are important, but particularly black box warnings. Black box warnings are warnings on the promotional materials for a drug and on the medication guide. They are contained in a black box.

Black box warnings are issued only if a drug could have a serious or deadly adverse reaction, and someone using the drug has had such a reaction in the past. Normally, the deadly reactions were reported to the FDA after the drug was approved. Black box warnings are the FDA’s most serious warning, and normally it is the last step before a drug is recalled.

In order for the FDA to put a black box warning on a drug, there are a few criteria that are considered, including: if the drug must be administered in a certain way, if the drug must be administered by a doctor or in a medical setting, if the risk of the drug may outweigh its benefits, if early knowledge of a side effect would allow doctors to monitor the drug to prevent negative reactions, and if certain patients are at a higher risk for a serious or deadly side effect.

If you have been harmed by a prescription drug, you have legal rights. You may be able to hold the drug’s manufacturer accountable for your injuries or the doctor who prescribed it. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. My team may be able to help you obtain compensation for your injuries. Call today to learn more or to schedule a free consultation on your case.

In an accident resulting in an eye injury?

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I am sorry to hear about your eye injury. Eye injuries, while not usually life threatening, can be very frightening for most people. There are a number of causes for a loss of vision. Vision loss can be temporary in some cases, or permanent, and may only be partial or complete. The good news is that for many victims of vision loss, there are options for treatment, and research continues to lead to solutions for restoring vision. There are also aids that can help victims of vision loss live full lives without their vision.

Vision damage can be caused by several factors. In most cases, the cause is an injury to either the brain or the eye. Even if the eyes are functioning properly, if the brain is injured the brain injury could result in a loss of vision. If the vision loss is caused by an injury to the eye or brain, there may be options for treatment including therapy and surgery. Some research has shown promising new therapies using stem cells and other medical procedures to treat vision loss.

If you have suffered vision loss suddenly in an accident, it will take time to learn to cope with the vision loss. You may need physical and emotional therapy, as well as other forms of assistance in learning to live with the vision loss. You may be dealing with dizziness and problems with balance. You will likely be unable to work, at least for a time, and may have mounting medical bills and other expenses.

If you have suffered an eye injury in the Los Angeles area, and it was due to an accident caused by someone else’s wrongdoing, you should speak with an attorney. It’s important that you receive compensation for your injuries, which can help you live as normal a life as possible. Call me, Conal Doyle, Los Angeles personal injury attorney at 310-385-0567. I can help. Call today to learn more or to schedule a free consultation on your case.