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Indianapolis Personal Injury Law Blog

Prepare your automobile for winter driving conditions

As the winter holidays approach, people tend to do more driving than usual. Trips to the mall for holiday and last-minute shopping are common, as are those dashes to the store to scoop up forgotten yet necessary ingredients for special holiday meals.

Indiana winters can be snowy and frigid. Motorists must take special precautions in late autumn to ensure that their vehicles are prepared to withstand the conditions that develop once the mercury starts falling. Below are some tips that may keep you and your family safer this year.

Cost of not-for-profit care

Indiana's hospitals posting jaw-dropping numbers, study reveals
Several weeks ago, a concerned citizen sent me a financial summary of Indiana's not-for-profit hospitals. He asked that I look into the issue of excessive profits by these systems.

I was skeptical that the issue would be relevant. Profits are critical to an economy; they serve as a guide to pricing and investment decisions and reward the men and women who create value. The demonization of profits is a sure sign of unformed thought. Moreover, not-for-profit hospitals have explicitly chosen to forgo profits as part of their operations, so I doubted the financial summary would reveal anything important.

I was mistaken.

What I discovered will deeply anger every Hoosier and should embarrass most hospital administrators and board members. I also expect it to cause significant changes to state policy with respect to these hospitals. This is likely to change the way we tax them, regulate their competitors and enforce antitrust laws. It will surely lead to civil litigation involving billions of dollars of excess profits.

Help for car accident victims with soft tissue injuries

Many different types of injuries can be suffered in an Indianan car accident, which can result in serious harm to victims. One of the most common types of car accident injuries include soft tissue injuries that can be serious injuries that worsen over time.

Soft tissue injuries refer to injuries to the soft areas of the body, such as the ligaments, tendons and muscles. Soft tissue injuries can include contusions, sprains and strains. One of the most common types of soft tissue injuries include whiplash injuries, which can occur when the victim's head is thrust violently back and forth, such as during a car accident. Symptoms of whiplash injuries can include stiffness of the neck, sharp neck pain, back problems and cognitive difficulties, including those with memory and concentration.

What victims can do after surgical medical errors

Unfortunately, every year preventable mistakes occur in surgery that are costly to Indianan victims. These types of medical errors are commonly referred to as never events because they should not take place and do not need to take place. When a victim of medical malpractice has suffered from a never event, it is important for them to be familiar with the legal resources protecting them.

Never events refer to medical errors, such as performing surgery on the wrong part of the patient's body, performing the wrong surgery on the patient or on the wrong patient altogether or leaving a foreign object behind in the patient's body during surgery. Based on their study, researchers estimated that doctors left a foreign object, such as a sponge behind in a patient's body 39 times each week; performed the wrong procedure 20 times each week; and, operated on the wrong site of the body 20 times each week.

Understanding medical device recalls

Defective medical devices can do a great deal of damage to victims which is why victims should be familiar with what a defective medical device is, what the defective medical device recall process is like and the legal protections available to them if they have been harmed by a defective medical device. Victims of defective medical devices need to be familiar with the legal resources and remedies available to them.

When there is a problem with a defective medical device, the company that manufactures the defective medical device has different options to consider including correction or removal. They may offer a correction to address the defect with the medical device in the place where it is used or sold or removal to address the defect with the medical device by removing it from where it is used or sold. Once the manufacturer of the defective medical device learns of the defect, they initiate the recall and inform the Food and Drug Administration (FDA). The public is also made aware of the recall. The FDA can also require the manufacturer to recall a medical device.

Wrongful death claims for medical malpractice

Wrongful death claims are a type of legal remedy that may be available to surviving family members in Indiana when a loved one has been wrongfully killed because of someone else's negligence. Wrongful death lawsuits can help surviving family members following the loss of a loved one due to medical malpractice, a defective medical device or after a traumatic accident.

When a family member has died because of the medical negligence of a doctor, nurse or other medical care professional, wrongful death lawsuits may be able to help surviving family members recover compensation for their financial and emotional damages. When a medical care professional, such as a doctor, nurse or other medical care professional, has provided medical care or treatment that falls below the standard of care, they may be liable to compensate the victim's family when a death occurs.

Understanding the dangers of highways in Indiana

Good drivers understand that they need to respect the functions of the vehicle they are driving, as well as the conditions of the road. No matter how well you can operate your vehicle, you will come into trouble if you do not react to the dangers and hazards that can present themselves.

Road conditions can vary widely, and it is important to be aware of the specific dangers that can present themselves in different states. Indiana is a state that has several highways that present notable dangers, such as the I-65. The following are some hazards to watch out for when driving on such roads.

Distracted driving in Indiana takes many forms

Distracted driving is a problem on the roadways in Indiana and is dangerous behavior to engage in. Victims of car accidents caused by distracted driving can suffer serious physical, financial and emotional damages that they need help with.

Distracted driving can be considered negligent behavior. If a distracted driver causes a motor vehicle accident, the distracted driver may be liable for the injuries and harm suffered by the victim. Distracted driving is ultimately considered any behavior that distracts the driver from the task of driving. While all distracted driving is considered dangerous, some types of distracted driving may be especially dangerous.

How claims for defective medical devices can help victims

Defective medical devices can cause a great deal of damage to victims in Indiana, whether they are seeking life-saving medical care or whether they are receiving what should be routine treatment. As a result, it is useful for victims of defective medical devices to be familiar with legal protections available to help them when they have been harmed.

Defective medical devices can lead to a product liability claim for damages when the victim has suffered injuries because of a defective medical device, defective or dangerous medical appliances, defective medical or surgical equipment, surgical implants, organ transplants, prosthetic devices, hospital supplies, diagnostic equipment or hearing or visual aids. When any of these types of products harm a patient, victims may have legal rights and remedies available to them through a products liability claim for damages.

What damages may be available after a motor vehicle accident?

Car accident victims in Indiana can suffer significant damages following the crash, including physical, financial and emotional harm. For this reason, personal injury legal protections are available to help victims of motor vehicle accidents recover compensation for their medical expenses, lost wages and pain and suffering.

When a negligent driver is at fault for the car accident, the car accident victim may be able to recover compensation that can help with the damages the negligent driver caused them. A personal injury claim for damages can be one way to pursue such compensation. Victims injured in a car crash may be able to recover medical expenses and future medical care costs for the medical care and treatment they need because of the car accident.

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