Every year, hundreds of cases are brought to court involving death or injury. For instance, death by electrocution is common in many fields of employment. According to the CDC, the occupations with the highest rates of electrocution include electricians, painters, truck drivers, utility line workers, and any laborer in general. Construction workers alone make up 40% of electrocution-caused deaths in the U.S. Such dangerous and even fatal accidents are sometimes the fault of a third party. For example, workers are sometimes exposed to un-insulated overhead power lines and were not informed that they posed a hazard to their health. In other cases, the cause can be non-compliance with the National Electrical Code, which results in workers coming in contact with an energized circuit that has not been properly maintained. Boomed vehicles (with extendable arm) can also come in contact with a power line due to non-compliance with Occupational Safety and Health Administration (OSHA) clearance distances, resulting in injury. Improperly installed or damaged equipment such as improper grounding, or non-compliance with OSHA standards during the movement or transfer of conductive equipment are also causes of common electrocution accidents. In addition, electrocution can affect anyone. The Consumer Product Safety Commission (CPSC) identifies a significant number of all electrocution injuries in the home to involved 1-4 year old children.
Medical and Hospital Negligence Medical malpractice is defined as negligence committed by a health care professional, which results in injury or death to the patient. Medical malpractice can be caused by a negligent act or omission of a necessary procedure or treatment. Essentially, malpractice is decided by whether or not the health care provider violated his duty of care within the prevailing medical standard. The patient under law can be eligible for compensation, if the case is proved to be bona fide medical malpractice. Medical malpractice is also restricted by a statute of limitations meaning a medical malpractice case must be filed within a certain time period after the incident or it is barred. Mr. Villasante has tried a number of Medical Malpractice cases to resolution by Verdict including a 42 year old father of who died due to a failure to timely diagnose and treat meningitis, a 29 year old woman’s wrongful hysterectomy and sterilization, and obtained a structured settlement on behalf of a 2 year old child misdiagnosed at an emergency room whose untreated meningitis resulted in a lifelong vegetative state.
Defective Medical Devices
Manufacturing companies are usually to blame for their defective products. However, some special circumstance cases involve other or multiple at-fault parties. To determine who is at fault, there are certain scenarios to consider: Devices used by doctors: Doctors may be liable for implanting defective devices or using malfunctioning equipment outside the board standards. Doctors may be liable for damaging medical devices before using them on a patient. Doctors may be liable for incorrect use or installment of a device or implant. Doctors can be liable for not taking proper measures to ensure their equipment is safe and meets FDA standards. Doctors using defective machinery or devices can be liable for misdiagnosis that is a result of bad equipment. Devices sold by manufacturers: The manufacturer of a defective device can be liable for damage to patients and/or medical staff using the device and they can be held liable for any failed promise (i.e. ensuring a particular lifespan of any given device, promising their device works in specific situations, etc.). They may be liable for not properly testing each device they supply.
These examples do not guarantee the liability of any doctor or medical supplier but are only to give you an understanding of the responsibility of your doctor and device manufacturer.