Medical Malpractice

Is the Hospital Responsible for a Wrongful Death Claim?

December 5, 2018 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

The hospital is supposed to keep you safe and help you heal from whatever medical emergency or problems you are having. However, hospitals are not immune from making mistakes and, sometimes, can cause the death of a patient. Depending on the circumstances of the death, the victim’s loved ones may be able to file a claim for wrongful death. If the death of your loved one is caused by the negligence or wrongful act of another, the personal injury attorneys at Arnold & Smith, PLLC are here to help.

Medical Malpractice in North Carolina

October 24, 2018 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “What is Maximum Medical Improvement and how does it effect my claim?”

When we are sick, injured, or otherwise needing medical attention, we expect our medical professionals to treat us with care and attention so that we can get back to our “normal,” healthy selves. Doctors, nurses, hospitals, and other medical staff/providers are responsible for the well-being and care of people and therefore are held to a standard of care to provide to their patients. Even with care requirements, mistakes can happen that result in additional injuries or damages to an individual. This sometimes results in a legal claim for medical malpractice.

Legal change causes personal injury lawyers to race to court

July 5, 2017 | AS Personal Injury Lawyers

Why should I hire an attorney to represent me in a personal injury claim?

Whenever there’s a stampede, it’s important to look carefully to find the cause. People don’t move suddenly and in large numbers for no reason, after all. If there’s a dramatic increase in activity, it’s a good idea to find out why. The same holds true when it comes to lawyers. If you see attorneys taking action all of sudden and seemingly without warning it makes sense to pay attention and try to learn more about what might be going on.

Medical Malpractice Damage Caps Under Fire In Florida

June 14, 2017 | AS Personal Injury Lawyers

Charlotte Injury Lawyer Matt Arnold answers the question: “Do I have to pay taxes on a settlement or jury award in a personal injury case?”

Those in Florida who have suffered serious personal injuries due to the negligent or reckless action of doctors can rejoice after a recently issued state Supreme Court ruling. While other states debate passing new and more strict damage caps, those in Florida have come under intense fire from a skeptical judiciary. Though doctors, hospitals and insurance companies may complain, victims of medical malpractice and their advocates say the recent ruling tossing out damage caps is cause for celebration.

Recent Chattanooga Bus Crash Highlights State’s Personal Injury Award Limits

December 16, 2016 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: How does the law of contributory negligence play a role in my case?

Tennessee has been in the news several times recently for very unfortunate reasons. Most recently was the terrible fire that swept through Gatlinburg and, before that, was the deadly bus crash in Chattanooga that left six children dead. That sad episode inadvertently highlighted a law in Tennessee that was implemented years ago and works to shield wrongdoers at the expense of innocent victims, in this case, the families of those fatally injured school children.

How Is Money Distributed After A Fatal Accident?

June 7, 2016 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What exactly is a wrongful death claim?”

A fatal accident involving a loved one is a tragedy that no one should have to endure. Though tragic, these kinds of incidents occur with alarming frequency. Car crashes, semi-truck accidents, motorcycle wrecks, workplace accidents, medical malpractice and the use of defective products are just some examples of accidents that can result in the death of a victim. In these cases, when the victim passes away before the personal injury judgment has been distributed, what happens to the money? To find out, keep reading.

Medication Mistakes All Too Common According To Recent Study

January 12, 2016 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Do I have to sign a release allowing the insurance company to get my medical records?”

Everyone has heard horror stories of what can go wrong in surgeries. These tales often involve scalpels or bandages left behind inside a patient’s body or amputation of the wrong appendage. Though these mistakes are gruesome and terrible, they’re also fairly rare occurrences. Though medication errors may not be nearly as attention getting as some of the more extreme examples of medical malpractice, experts say they present a far greater danger to patients, occurring with alarming regularity and potentially causing serious damage when the mistakes do occur.

Medicine mix up means death for recovering cancer patient

December 11, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What if a loved one dies from the injuries sustained in a serious accident while the case is pending?”

Loretta MacPherson underwent successful brain surgery at Swedish Medical Center in Seattle last month. During her recovery from surgery, she sought out medication advice at a local hospital near her Oregon home.

Two days later, she was dead.

Michael Boileau, the chief clinical officer at St. Charles Medical Center in Bend, Oregon, said that medical staff had ordered the correct medication for Ms. MacPherson—Fosphenytoin, a drug intended to ward off seizures caused by brain surgery—and the Fosphenytoin had been delivered to the medical center.

However, an internal investigation at the hospital showed that a pharmacy worker had filled a bag for intravenous injection marked “Fosphenytoin” with another drug, Rocuronium. Rocuronium is a potentially paralyzing muscle relaxant used to sedate and stabilize patients during surgery.

After being administered the wrong medication, Ms. MacPherson suffered cardiac arrest and stopped breathing. Doctors advised her son, Mark, that she had suffered irreversible brain damage. Ms. MacPherson was taken off life support and passed away two days after she entered the medical center.

Mayor, city councilman, fire chief charged with DWI, sued by victims of crash he caused

November 13, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can I wait a few months to pursue a personal injury claim?”

A former mayor and Murrieta, California city councilman is facing a personal injury lawsuit brought by four teenage cheerleaders who were injured in a rear end automobile crash on October 16.

The girls allege that the vehicle in which they were riding was struck by a pickup truck being driven by then-Mayor Alan Long. The cheerleaders say Long was drunk when he caused the crash. Long was arrested at the crash scene and was charged with felony drunken driving.

Long’s blood-alcohol content at the time of the crash was .08, according to the Riverside County District Attorney’s office. Officers concluded that Long was impaired after he failed field sobriety tests. Long is due to be arraigned on a charge of driving while under the influence of alcohol causing bodily injury on December 11.

The cheerleaders, who range in age from 14 to 17 and attend Murrieta Valley High School, suffered “severe personal injuries” that necessitated medical treatment and have caused them to incur medical expenses and to lose earnings, according to their lawsuit.

They were waiting to make a left turn at around 8:15 p.m. on October 16 when Long approached from the rear in a full-size pickup truck and plowed into the back of the girls’ car, according to Murrieta police Lieutenant Julie Hoxmeier.

Causation, foreseeability vexing issues for lawyers, litigants

November 6, 2014 | AS Personal Injury Lawyers

Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Are the laws or rules applying to a wrongful death claim different from a personal injury not involving death?”

This may sound like a simple question, but did the person you want to sue cause your injuries? If so, were your injuries a reasonably foreseeable result of the person’s actions?

If not, you may be out of luck in your personal injury case.

The issue of causation can lead personal injury litigants and their lawyers into a labyrinthine maze of legal concepts fit for a law school-level philosophy course. While the issues and doctrines that accompany causation and so-called “foreseeability” may be complex, the practical day-to-day application of these principles mean the difference in who wins and who loses in personal injury lawsuits.

In many cases, causation and foreseeability are not issues of contention. An analysis of a recent Australian case shows how the issues can arise, however, even in cases involving relatively straightforward facts.

A driver’s negligence caused a motor-vehicle accident. A person injured his neck in the accident. Several witnesses testified regarding the driver’s negligence and a police officer concluded the driver was at fault. The issue of whether the driver caused the person’s whiplash injury was uncontested.