oocuz.com

Rare and Serious, Mesothelioma is a Dangerous Disease

syndicate@legalview.com — Sun, 09 Dec 2007 11:23:18 +0000

Asbestos, a fire-proof material that used to be commonly used, is a cause of mesothelioma. This rare type of lung cancer is difficult to diagnose as the symptoms coincide with symptoms for many other conditions. Mesothelioma usually lies dormant in a body’s system for about 20 to 40 years after exposure to asbestos.

Benign mesothelioma is a non-cancerous tumor of the pleura (lining of the lung and chest cavity). Nonmalignant mesothelioma is usually a localized tumor that affects men more frequently than women. The tumor may grow to a large size and compress the lung, which then causes the following symptoms: chronic cough, shortness of breath, chest pain, weight loss and cachexia, abdominal swelling and pain due to ascites (a buildup of fluid in the abdominal cavity).

Other symptoms of peritoneal mesothelioma may include anemia, blood clotting abnormalities, fever, and bowel obstruction. Symptoms such as trouble swallowing, pain, or swelling of the neck and face can be indications that the cancer has spread beyond the mesotheliom to other parts of the body. Some people experience these symptoms and they may be caused by a less severe condtion, but they are also indications of mesothelioma.

Approximately half of mesothelioma patients are asymptomatic (show no symptoms of disease). During a physical examination, a health care provider may notice a clubbed appearance of the fingers in a patient, which is an indication of the exposure/disease.Tests may be run by a health care professional to classify mesothelioma. These tests include CT scan of the chest, chest x-ray, and/or an open lung biopsy.

There is no universally accepted protocol for screening people who have been exposed to asbestos. However some research indicates that serum osteopontin levels might be useful in screening asbestos-exposed people for mesothelioma. The level of soluble mesothelin-related protein is elevated in the serum of about 75% of patients at diagnosis, and it has been suggested that assessing soluble mesothelin-related protein levels may be useful for screening.

Surgery is usually generally necessary for a solitary tumor (if found); however, according to current statistics, the outcome of the surgery is expected to be good with prompt treatment. One of the most common complications though is pleural effusion (fluid escaping into the membranes around the lungs), which can be very serious.

People involved in jobs involving construction or other professions that may involve exposure to asbestos are who usually develop mesothelioma. Also, it is possible for people who are exposed to asbestos dust and fiber in more indirect ways, such as washing the clothes of someone who worked with asbestos are at risk of contacting the disease.

Seat Belt Use and Traumatic Brain Injury

syndicate@legalview.com — Sat, 08 Dec 2007 04:52:33 +0000

Because traumatic brain injuries cannot be cured in the traditional sense, preventive measures are the best weapons against them. And because the number-one cause of traumatic brain injuries among Americans who are less than 75 years old is auto accidents, one of the best ways to prevent a traumatic brain injury (TBI) is to always use a seat belt. Seat belts have consistently been shown to dramatically reduce deaths and injuries in auto accidents. The National Highway Traffic Safety Administration reports that of those who were involved in fatal crashes in 2001, 73 percent who were wearing seat belts and 44 percent who were not wearing seat belts survived. And one 1997 study of traumatic brain injury patients in 14 states showed that 46 percent of the patients whose injuries were caused by motor vehicle crashes were not wearing seat belts

Why Wear A Seat Belt?

In the United States, only one state, New Hampshire, does not require adults to wear a seat belt. Many other states make exceptions to their seat belt requirements for children under a certain age, or for those sitting in the back seat of the car. While some Americans believe that using seat belts can actually increase a driver or passenger’s risk of traumatic brain injury, because the head is not restrained with the body, there is no evidence to support this theory and some evidence against it. Similarly, some argue that seat belts make users less safe by trapping them in the car in case of an accident, rather than allowing them to be thrown clear. However, the NHTSA notes that in 2001, 75 percent of those who were completely ejected from a car during an accident were killed. One percent of those were using a seat belt.

Seat Belt Use and Costs of Traumatic Brain Injury

Not only can declining to use a seat belt increase the severity of an injury, but it also drives up the cost of treating that injury. In a six-year study, the government of Maine found that those who did not use a seat belt had longer hospital stays and higher bills than those who did use a seat belt. During that period, the study reported, 850 hospitalizations, with a cost of $17 million, could have been avoided altogether if the patient had been wearing a seat belt. Unbelted victims were more than twice as likely to be hospitalized or die from a head injury. And the crash victims who were ejected from their vehicles were 41 times more likely to sustain a serious or fatal brain injury than those who were not.

Proper Use of Seat Belts Can Reduce Risk of TBI

While seat belts can help prevent a traumatic brain injury, their effectiveness decreases when they are not used properly. Seat belts must be tightened to fit the individual using them. Two or more people cannot safely use the same seat belt. If the seat belt is old or frayed, it is not safe and should be replaced. And adults should ensure that children who are under 4′9″ and about 80 pounds use the special equipment they need to be safe. Infants and children under 40 pounds need a properly sized, properly belted car seat; older children should use a booster seat until they are big enough to use adult-sized lap and shoulder belts. There is also mounting evidence that children shorter than 4′9″ should not ride in the front seat at all, due to the risk of injury from passenger-side air bags.

If you have suffered a traumatic brain injury, you may wish to speak with an experienced brain injury attorney. Your brain injury lawyer can help you assess your potential claim, access resources and even gain compensation for your injuries and the costs of future medical care.

Sports Related Traumatic Brain Injuries: An Overview

syndicate@legalview.com — Sat, 08 Dec 2007 04:32:28 +0000

Traumatic brain injury (TBI) occurs when the head strikes or is stuck by an object. The head does not have to experience an external blow for the brain to be injured. Brain damage can occur when the head is pushed strongly against the skull, such as with whiplash. Concussion is a mild form of TBI from which recovery often occurs without long term effects unless a person experiences multiple concussions. Repeated brain injuries have a cumulative effect resulting in more severe and more prolonged post-concussion symptoms. A very serious and dangerous condition or even death can occur if a second concussion is suffered while symptoms from a previous concussion still persist. This condition is called second-impact syndrome (SIS). Sports-Related Concussions - Causes and Frequency According to the Centers for Disease Control and Prevention (CDC), about 300,000 people experience concussions each year from sports injuries. Most sports-related concussions come from contact sports, especially football, boxing, hockey, and martial arts. Other major causes of a large number of sports-related concussions are falls or collisions in sports such as skiing, bicycling, horseback riding, basketball, and soccer. In soccer an additional risk for concussions is “heading” the ball. The most likely population to suffer concussions due to sports activities are males between the ages of 16 and 25. Within this group, the risk is highest at the high school level. About 25 percent of the 300,000 sports-related concussions reported each year are suffered by high school students playing contact sports. At the college level, over one third of football players has suffered a concussion and about 20 percent have had multiple concussions. Dangers of Multiple Concussions Second-impact syndrome (SIS), which is a concussion that occurs while the victim is still recovering from and earlier concussion, has resulted in at least 26 deaths in the past 20 years since this condition was first characterized. Most of these victims were in high school. While most cases of SIS and multiple concussions do not cause death, the neuropsychological brain damage they cause is significant. Many studies have shown that athletes who have suffered multiple concussions are more likely to have prolonged learning difficulties and perform more poorly on neuropsychological tests compared to people who have had one concussion or no concussions. Some the well-documented neuropsychological impairments in athletes who have had multiple concussions are: - Reduced speed in processing new information - Problem solving and planning difficulties Increased number of headaches - Concentration difficulties - Memory impairments - Behavioral problems Why Athletes Suffer Multiple Concussions Factors that contribute to why athletes suffer multiple concussions are related to the ability to accurately assess severity and recovery from symptoms. For example, there are several different scales for rating severity at the time of the concussion but there is general lack of agreement on which to use. There is also lack of agreement on what amount of time should pass before athletes can safely return to sports. This is because there are not any widely accepted guidelines for assessing whether the athlete has recovered. Preventing Traumatic Brain Injury Using proper protective equipment can prevent many cases of concussion. Helmets or other appropriate headgear should be used in contact sports, and in sports for which falling or colliding are risks (skiing, horseback riding, bicycling). Custom fitted mouth pieces may also help prevent concussions in contact sports. To be effective, all protective equipment should be properly fitted and used for the purpose in which it was designed. Although the risk of concussion is inherent in sports participation, decisions as to what sport to participate in can help mitigate the risk of concussion. If you are concerned about a traumatic brain injury sustained while playing a sport, you may wish to contact an experienced brain injury lawyer. Your traumatic brain injury attorney can help you assess your potential brain injury claim and help you get the compensation you deserve for the devastation incurred in traumatic brain injuries.

Details of the Peter Pan Peanut Butter Recall

syndicate@legalview.com — Sat, 08 Dec 2007 04:32:10 +0000

Reacting to a nationwide salmonella outbreak, the federal Food and Drug Administration (FDA) has warned consumers to discard jars of Peter Pan peanut butter and generic Great Value peanut butter (distributed at Wal-mart stores nationwide). The move is in response to the discovery of the Salmonella Tennessee bacteria in peanut butter believed to be implicated in salmonella cases in more than 39 states since August 2006. ConAgra, which manufactures Peter Pan and Great Value peanut butter, issued a voluntary Peter Pan peanut butter recall, warning consumers not to consumer peanut butter from jars with the serial number “2111″ on their lids. Salmonella Outbreak: More Than 450 Known Cases To date, more than 450 cases of salmonella have been reported to the U.S. Centers for Disease Control and Prevention (CDC), including nearly 50 hospitalizations for salmonella symptoms including cramps, vomiting, diarrhea and other gastrointestinal ailments. The FDA is warning that all Peter Pan peanut butter purchased since March 2006 should be discarded and not consumed; though no salmonella has been directly linked to Great Value peanut butter yet, the peanut butter is produced at the same Georgia facility as the Peter Pan peanut butter and is also being warned against. The outbreak was linked to peanut butter when most of the infected patients said they had eaten peanut butter. Reportedly, up to a quarter of the salmonella victims eat peanut butter on a daily basis. New York, Virginia, Tennessee, Missouri, and Pennsylvania reported the highest number of salmonella cases, though numbers are still coming in. The Peter Pan peanut butter plant was last inspected in 2005; a similar peanut butter salmonella outbreak in Australia a decade ago was linked to unsanitary production facilities. Salmonella is a food-borne illness with food-poisoning-like symptoms such as abdominal cramping, nausea, fever and dehydration. The last nationwide salmonella outbreak on record was linked to tomatoes, though salmonella is often caused by undercooked foods such as chicken and eggs. Mild cases of salmonella will last four days or so and require the same kind of treatment given to flu patients: rest and plenty of fluids. However, severe cases may require hospitalization, antibiotics and ongoing medical care. Information on ConAgra Peter Pan Recall ConAgra, which manufactures the Peter Pan and Great Value peanut butters, issued a voluntary recall of jars labeled ‘2111′ on February 14, 2007. Though the company denies that its internal tests revealed evidence of salmonella, it is removing the jars from shelves and asking consumers to discard the product, but keep the lid for a full refund. ConAgra is requesting that consumers who wish to be refunded mail the lid, their name and mailing address to ConAgra Foods, P.O. Box 3768, Omaha, NE 68103. If You’ve Been Affected By The Peter Pan Peanut Butter Recall If you have been hospitalized or sickened with salmonella after eating Peter Pan peanut butter or Great Value peanut butter, get appropriate medical care. Then contact an experienced peanut butter recall attorney to find out more about your legal rights. You could be entitled to a peanut butter recall lawsuit that would provide monetary compensation for your lost wages, medical care and other expenses associated with the outbreak. Use LegalView’s Case Evaluation form to get in touch with an experienced peanut butter lawyer today.

Ventral Hernias: An FAQ

syndicate@legalview.com — Sat, 08 Dec 2007 04:24:36 +0000

Thousands of patients experience ventral (incisional) hernias every year, and most of these hernias require hernial repair surgery. Here are some frequently asked questions about ventral hernia repair. What is a hernia? A hernia occurs when an organ begins to protrude or push through the wall of muscle that surrounds it. What is a ventral hernia? A ventral hernia is also known as an incisional hernia. Ventral hernias occur when a piece of an abdominal organ such as the intestine or bowel bursts through a weak area of a patient’s abdominal wall where an old surgical scar is located. Why do ventral hernias occur? Post-operative scar tissue can stretch or thin out after surgery, leading to weak spots in the abdomen. The scar tissue can then stretch out or thin due to straining during bowel movements, intense or recurrent coughing, weight gain, pregnancy, vomiting, or strenuous physical activity such as weightlifting. These make the abdominal wall more susceptible to strain and hernia. Who is at risk for ventral hernias? Pregnant and obese patients are at especial risks; patients who have had abdominal surgery in the past are also at risk. Are ventral hernias dangerous? Yes. In fact, the United States has the world’s highest mortality rate for ventral hernias. Some ventral hernias incarcerate, or trap, internal organs and require immediate surgical intervention. How do I know if I have a ventral hernia? You will need a doctor’s diagnosis in order to confirm a suspected ventral hernia. Common symptoms of ventral hernia include discomfort or tenderness while lifting heavy objects, coughing or putting other stress on the body; bulges in the abdominal area, some of which may be pushed back into place or disappear when laying down; constipation; vomiting and nausea; or abdominal pain. If you suspect you have a ventral hernia, visit your doctor. Your doctor will examine you and possibly ask you to cough while he presses into your abdominal area in order to find the potential hernia. How are ventral hernias treated? Some ventral hernias are treated with a truss, a special belt that keeps the hernia from bulging and pushing through the abdominal wall. Others are treated with a recommendation that the patient refrain from any strenuous activity. However, surgery is more common; herniorrhaphy procedures repair the abdominal wall after pressing the piece of organ back into its original position. As medical technology progresses, laparoscopic procedures are more common. These operations are performed with a special device that allows the surgeon to view the interior of the abdomen while performing surgery. This procedure requires only very tiny incisions and involves less recovery time than traditional surgical procedures. Sometimes, doctors insert a mesh hernia patch, such as the Bard Composix Kugel Mesh Patch, to reinforce the area of ventral hernia. A small incision is made and the mesh patch is folded and placed behind the hernia area. The patch then springs open due to its “memory recoil ring” technology, which causes it to lay flat in the appropriate area and reinforce the hernia. What about the Bard Kugel Mesh Patch recall? The FDA recently updated a 2005 recall on some larger sizes of the Bard Composix Kugel Mesh Patch, citing failures in the “memory recoil rings” that cause the patch to rupture the bowel or create abnormal organ passageways (intestinal fistulae). Davol, which manufactures and distributes the patch, has issued voluntary recalls of the Composix patches in the past and may do so again; in any case, it faces lawsuits and legal action related to medical complications from failed mesh hernia patches. What should I do if I’ve been affected by the hernia mesh recall? If you have been affected by a hernia patch failure or would like to learn more about the hernia patch recall, contact an attorney with medical device experience today. Your hernia patch lawyer can help assess your case and assist you with your claim against Bard in relation to its defective hernia patch. You may even be eligible for compensation for medical expenses and other related costs. Speak with an experienced Composix mesh lawyer as soon as possible about the possibility of a hernia mesh lawsuit if you feel these circumstances apply to you or a loved one.

Traumatic Brain Injury and the Military

syndicate@legalview.com — Fri, 07 Dec 2007 20:21:55 +0000

Unfortunately, those who choose to serve their country run a comparatively high risk of traumatic brain injury (TBI). Military personnel are at risk for automobile accidents, the number-one civilian cause of TBI, but they are also consistently exposed to strong munitions that can cause a traumatic brain injury. Military service exposes personnel to a risk of penetrative brain damage, such as that sustained when a bullet or shrapnel penetrates the skull. But the greater cause of TBI among soldiers is closed brain injury, in which there is no break in the skull, particularly those caused by explosive blasts. When soldiers are caught near an explosion, they may sustain brain damage directly from the blast wave, which can increase pressure inside the skull; or indirectly from being physically thrown against a hard object.
Afghanistan, Iraq Conflicts a Major Risk Factor for Traumatic Brain Injury

We now know those who have served in Afghanistan or Iraq are at a much higher risk of TBI than combat veterans from previous wars. In the Vietnam War, 14 to 18 percent of all veterans had a brain injury. Today, the Walter Reed Army Medical Center says 31 percent of those admitted between January 2003 and May 2005 had some kind of brain injury. A 2005 study in the New England Journal of Medicine attributed these higher numbers in part to advancements in munitions, especially improvised explosive devices, and in part to improvements in body armor, which protects soldiers from what would previously have been a fatal penetrative wound, but not from a nonfatal blast injury.
Misdiagnosed/Undiagnosed Traumatic Brain Injury in Soldiers

Because the symptoms of a traumatic brain injury often do not appear until weeks after the injury is sustained, it is not uncommon for a TBI to go undiagnosed or misdiagnosed. This is especially true when the symptoms of a TBI are subtle, such as a personality change or emotional problems, which are easy for strangers to miss. There is evidence that the military sometimes misdiagnoses such symptoms as psychological, or even accuses soldiers of malingering, due in part to doctors’ lack of resources or brain-injury expertise.

And as Commander James Dunne, lead trauma surgeon at the National Naval Medical Center, observed at a 2006 summit of military physicians, the long-term consequences of an undiagnosed TBI can be devastating. Service members with an undiagnosed TBI lose precious treatment time, holding back their recoveries and causing complications in their personal lives. Because side effects of a traumatic brain injury include behavioral and emotional problems, especially depression, TBIs can hold discharged soldiers back from reintegrating into civilian society or even from continued success in the armed services.

A 1996 medical study showed that a behavior-related discharge from the military was 1.8 times more likely for a TBI patient than for a soldier without a TBI. Difficulties with memory, motor skills and the senses, more common side effects of brain damage, can also affect veterans’ ability to get a job, care for a family or perform other life functions. And without a diagnosis, military TBI patients may be liable for tens of thousands of dollars’ worth of medical bills, on top of lost wages.

Proper helmets and body armor, particularly the newest Kevlar armor, remain the best way to prevent a traumatic brain injury among those who serve in the military. Fast diagnosis and treatment of the injury are also important ways to prevent secondary injuries from the physical and chemical changes to the brain that follow a TBI, such as swelling. It can also minimize the cost, both personal and financial, of the injury to the soldier and his or her loved ones. If you suspect that you or someone you care about has an undiagnosed service-related brain injury, an experienced brain injury attorney can help you get the treatment and compensation you need. For help finding a qualified brain injury lawyer visit brain-injury.legalview.com for access to a nationwide attorney referral service.

Details of the Advanced Medical Optics Moisture Plus Contact Lens Solution Recall

syndicate@legalview.com — Fri, 07 Dec 2007 20:20:53 +0000

One of the largest American manufacturers of contact lens cleaning solution, Advanced Medical Optics (AMO) announced in May 2007 that it would voluntarily remove all bottles of its Complete Moisture Plus Contact Lens Solution from store shelves in what would amount to a massive contact lens solution recall. AMO decided to recall the unsafe contact lens solution after the Centers for Disease Control (CDC) reported a number of cases of a rare but serious and potentially blinding eye disease associated with the contact lens solution. Users of the contact lens solution are advised to contact a doctor if they experience any of the following symptoms: eye pain or redness, blurred vision, sensitivity to light, the feeling of something in the eye, or excessive tearing. The disease, Acanthamoeba Keratitis, has been confirmed in 138 patients since the beginning of the outbreak in January 2005, according to the CDC. Of these 138, epidemiologists have been able to interview 46, 21 of whom claimed to have used the AMO Moisture Plus contact lens solution. The disease itself is a keratitis, or an inflammation of the cornea, caused by the presence of the Acanthamoeba parasite. This corneal disease is both serious and difficult to treat, as it is resistant to medication and can lead to loss of sight in the patient. While the agency has been quick to point out the preliminary nature of the link between the corneal disease and the contact lens solution, AMO did not hesitate in instituting the contact lens solution recall, and has advised anyone using the unsafe lens solution to discard all bottles, as well as any lenses or lens cases that may have come in contact with the Moisture Plus lens solution. The Moisture Plus recall is not the first recall conducted by AMO, as the company has had previous issues with contamination of its contact lens solution products. In November 2006, AMO instituted a lens solution recall of 2.9 million units of the same Moisture Plus contact lens solution, after contamination was detected within the production line at a Chinese factory. Though the two lens solutions recalls do not appear related, the repeated contamination concerns related to the company have lead many to wonder about AMO’s safety record and their liability in any possible Moisture Plus lawsuit. Though at present no such lawsuit has been announced, anyone with questions should contact an experienced Moisture Plus attorney or a contact lens solution law firm, in order to determine AMO’s liability in possible damages resulting from the AMO Complete Moisture Plus recall.

Automobile Crashworthiness and Its Relation to Auto Accidents

syndicate@legalview.com — Fri, 07 Dec 2007 20:20:36 +0000

There is an auto accident on United States roadways every ten seconds. In 2001 alone, almost two million Americans suffered an injury related to a vehicle crash. Negligent drivers can cause accidents, but crashes may also result from some design, manufacturing, or installation defect of a vehicle component. Defective tires, seatbelts, roof structure, brakes, and most parts of a vehicle can cause or contribute to an auto accident if these components are defective in any way. The term “automobile crashworthiness” relates to claims stemming from defective automobiles leading to car accidents. National Highway Traffic Safety Administration (NHTSA) research shows that the major causes of injury inside a vehicle during a collision are, in descending order: steering wheel, instrument panel, doors, windshield, front roof pillar, glove box area, roof edges, and the roof itself. It is not surprising, then, that front-seat passengers are more likely to be injured in an auto accident than rear-seat passengers who are protected by the padding of the front seat backs. NHTSA data also shows that 51 percent of motor vehicle deaths occur in head-on impacts, 27 percent in side impacts, and only 4 percent in rear impacts. Rollovers, however, are particularly lethal because they are more likely to eject unrestrained passengers from the vehicle than other types of collisions. Fatality rates are 25 times higher for ejected passengers than for those who remain in the vehicle. When an auto accident injury occurs, it is important to take certain precautions and steps immediately following the accident. The first step is to evaluate the health and safety of the individuals involved in the accident, especially those who might have suffered an auto accident injury. It is important to call the police in order to have an auto accident injury report completed. This provides an official account of the auto accident and all pertinent details. After an auto accident injury, it is important to gather information from those parties involved and speak with any witnesses to the accident. If one party was responsible for the accident that caused an auto accident injury, it is vital to collect information regarding that party’s vehicle, license plate and vehicle identification number (VIN), insurance information, and any other important details. Taking pictures at the scene of an auto accident can also help determine the cause of an auto accident injury. The exact cause of an auto accident injury may not always be apparent immediately following an accident. For this reason, it is vital to collect as much information as you can about the auto accident and the conditions surrounding the event. It is a good idea to contact your insurance company as soon as you can in order to inform them of your auto accident injury. Following an auto accident injury, receiving rightful compensation for your injuries can be a complicated and long process. Securing the help of a qualified and experienced auto accident lawyer who specializes in auto accident injury can greatly strengthen your case. An experienced lawyer knows how to investigate your auto accident injury in order to build a strong case that will enable you to receive compensation for your injuries. In order to prove that a defectively designed automobile caused an injury, auto accident lawyers must consult with top engineering experts to show how the injuries could have been prevented by proper design. To prove these cases, testing and reconstruction of accident situations can include state-of-the-art computer modeling and animation techniques, as well as real-life experiments. Automobile manufacturers defend crashworthiness claims vigorously, sparing no expense to attack the plaintiffs’ evidence and trying to blame drivers, weather, road conditions or any factor other than the car’s design problems for auto accident injuries. If you believe you have an automobile crashworthiness law suit, contact an experienced unsafe products attorney today. Your crashworthiness lawyer will help you evaluate your claim and get the compensation you deserve.

Mesothelioma Lawsuits - Frequently Asked Questions

syndicate@legalview.com — Fri, 07 Dec 2007 20:20:36 +0000

It’s a disastrous diagnosis - mesothelioma contracted from occupational exposure. It is well known that the symptoms of mesothelioma can appear years, even decades, after occupational exposure, and its effects can be life-changing at best, life-threatening at worst. As soon as you have found competent medical care for your mesothelioma, you should consider filing a mesothelioma lawsuit with an experienced attorney. But what does mesothelioma litigation entail? This article will answer some frequently asked questions about filing your mesothelioma law suit.

What does “occupational exposure” mean?

“Occupational exposure” means that you were exposed to the agent that caused your mesothelioma - usually the toxic mineral asbestos in its insulation and fireproofing forms - in the usual course of business. If you worked with asbestos and then contracted mesothelioma, even if it was years after the exposure, you experienced occupational exposure.

What does a mesothelioma lawsuit entail?

Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the mesothelioma lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. The lawyer will then file a complaint and summons suing the appropriate parties for the exposure leading up to mesothelioma.

The court will set a series of dates for discovery and trial and, if the case does not settle, both parties will begin to work towards building a case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case. An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. Be prepared to sign waivers releasing this medical information to the requesting parties. Your attorney will advise you which documents to sign and which releases to give. During the discovery process, your mesothelioma attorney may also consult with medical and other experts, who perform a variety of services such as document review and reports, medical examinations and detailed expert testimony on issues related to asbestos exposure, mesothelioma and employment.

If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. In an effort to avoid the cost and expense of a lengthy jury trial, many states require a mandatory settlement conference (MSC) or arbitration at which both parties sit down for a last-ditch attempt to resolve your complaints. This may or may not result in a monetary settlement. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.

Do Patients Win Mesothelioma Law Suits?

It may seem like a daunting process, but patients do effectively fight and win against employers who have caused them to be exposed to toxic asbestos and its devastating health effects. Often, employers knew of the health dangers of asbestos but did not warn their workers or enable them to work in safe conditions. This negligence, both willful and accidental, means that employers bear some responsibility for the health damages of asbestos exposure incurred during occupational work. Patients can and do win mesothelioma law suits, and many multi-million dollar payouts have been recorded for the victims of mesothelioma and their families. If you have mesothelioma, it is vital to contact an experienced and competent mesothelioma lawyer in order to recover your rightful compensation.

Construction Site Accidents: Who’s at Risk?

syndicate@legalview.com — Fri, 07 Dec 2007 20:14:38 +0000

While almost any type of workplace can offer unexpected accident risk, it is the responsibility of the employer to take action to keep that risk as low as possible. Construction sites may seem to be more hazardous than an office building or store, but accidents and dangers can be prevented by implementing rigid and enforceable safety practices at construction sites. For example, the general contractor and all subcontractors are required to provide a reasonably safe site, to warn of hazards inherent in the site and work, to hire careful employees, to coordinate job safety, and to supervise compliance with safety specifications. In addition, construction site workers should be properly trained in the operation of machinery and equipment. The construction site should also be properly managed according to legal standards to prevent construction site accidents.

Even with precautions and adherence to safety practices, construction site injuries can still occur due to the inadequacy of these provisions. Construction site cases can involve accidents from defective or collapsing scaffolds; falls off of or through roofing structures; electrocutions; falls off of ladders; defective machinery such as cranes, hoists, conveyors, tractors, and forklifts; malfunctioning tools and other construction equipment; and the collapse of walls or floors. These types of construction site accidents can often result in serious injuries or death. In fact, thousands of construction workers are injured or killed in construction site accidents each year.

Construction Site Accidents and Workers’ Compensation

Virtually all significant injuries suffered in construction site accidents give rise to workers’ compensation rights. The Workers’ Compensation Act provides benefits to workers who are injured on the job. Unfortunately, Workers’ Compensation alone may be insufficient compensation especially in the case of very serious and catastrophic personal injuries which happen often in construction site accidents. These rights depend upon the application of various complex laws and the individual circumstances of the accident.

However, these limited workers’ compensation rights may be supplemented by legal actions against others who have responsibility for various activities on a construction site including construction managers, general contractors, subcontractors, equipment manufacturers, etc. When a construction site accident occurs, the owners, architects, insurance companies and manufacturers of equipment can be held responsible for inadequate safety provisions.

For example, in most construction projects, many different contractors are involved. If any contractor other than the direct employer has responsibility for the injuries, full damages can be recovered. Likewise, if a defective tool, machine, or other product causes injury, an injured worker can be fully compensated.

If you have been in a construction site accident and have suffered injuries, you may have a legal claim against your employer or others. If you would like to contact a construction accident attorney, please visit LegalView.com to utilize out nationwide attorney referral service to find an experienced construction accident lawyer to help with your case.