May 2, 2021
How Can I Sue for Medical Malpractice?
Dealing with a diagnosis is never easy, but what happens if it is because of a medical mistake? Medical malpractice is a branch of civil law that handles negligent acts committed by medical providers and facilities. Who is subject to a medical malpractice lawsuit? Discover the answer to that and more.
Doctors
Doctors are responsible for all aspects of a patient’s care. They must follow the proper protocols when examining, diagnosing and treating. While there are always advancements in medicine that doctors are free to use, some things are not recognized as reasonable for patient care. Since so much expectation and responsibility falls to doctors, it is not a surprise that they are the primary people who commit malpractice. When a doctor’s actions rise to negligence, it means they have gone against the duty of care in dealing with their patient. It means they have failed to act when they should or acted in a manner that is not accepted by others in the same profession. A doctor may commit malpractice at any point in the care of a patient.
Nurses
Nurses are charged with following the doctor’s orders in caring for patients. They are the second-in-command when it comes to patient administration. As such, nurses must abide by many of the same principles as physicians. A nurse may be found guilty of medical malpractice for a variety of reasons. In a hospital setting, it may be due to a disregard for a doctor’s orders. In a clinic or private practice, it may be for calling in a prescription for medication that the patient is allergic to. Nurses in elder care are brought under scrutiny for not carefully tending to patients’ skin and allowing bedsores to develop.
Hospitals and Clinics
Doctors and nurses often work for hospitals or clinics. Therefore, when a provider is charged with medical malpractice, a similar charge against the place they worked often follows. In some instances, a hospital may know that a physician is not caring for patients properly and chooses to ignore it. There may be a lax way of handling directives, such as those for charting. Hospitals can get in trouble if they allow nurses to work too many hours without rest. By not giving the proper breaks and days off, the hospital may be contributing to the negligent behavior.
Regardless of the cause, medical negligence often leaves a patient in worse condition and may contribute to an early death.
May 1, 2021
How Can an Attorney Help Me After a Car Accident?
Life is full of uncertainties. In the words of the late John Lennon, whose life was unexpectedly cut short, “Life is what happens when we are making other plans.” One type of unplanned, unwanted event that befalls many individuals is a car accident.
Regardless of who is at fault in a crash, it is extremely common for every person involved to experience frustration and anger. Many people develop clinical depression after an accident. It is estimated that about one in ten accident survivors actually develops Post Traumatic Stress Syndrome. Regardless of the severity of your condition, depression resulting from an auto accident can last weeks or months. As a car accident lawyer from a firm like Greenspan & Greenspan P.C. can explain, when you’re involved in a car wreck, you enter unfamiliar territory and you feel very much alone.
Help for Victims of Accidents
The good news is that you are not alone. One of the best sources of strength, information and assistance following an accident is an attorney who specializes in dealing with these car crashes. If you were the victim of another person’s negligence or misjudgment behind the wheel, an experienced lawyer will be able to explain how the traffic and liability laws are designed to care for you, restore your property and compensate you financially for the pain and suffering you have endured.
Help for Those Who Fear They Are Responsible
Of course, you may also be weighed down by feelings of dread, especially if you think the accident was your responsibility. On such occasions, a car accident attorney is extremely helpful as well. A well-versed lawyer will be able to:
- Explain the limits of your liability. Laws are written to preserve equity, not to persecute.
- Help you to put forward your wisest case. There may be surprising options open to you.
- Prepare you for any eventuality resulting from the accident.
An attorney’s advice can serve as a road map confidently leading you toward recuperation from the crash and its aftermath.
Help From Professionals
To be sure, one of the harshest and most frightening of life’s unexpected twists is an automobile accident. Whatever your part in a crash may have been, you will benefit from the confident counsel of professionals who understand all the nuances and clauses of insurance policies and traffic laws. The priority of an attorney who specializes in car accidents is to represent you without hesitation or judgment as you move through your recovery. Should you experience the misfortune of a car accident, you should seek help from a caring legal professional.
May 1, 2021
Assumption of Risk in Personal Injury Cases
Personal Injury Lawyer
Assumption of risk is an affirmative defense within the law of torts that a defendant can raise in a negligence action. It refers to a legal doctrine in which an individual is barred from recovering damages involving an injury when the individual willingly presents themselves to a known danger. Plaintiffs within a case cannot seek damages if the plaintiff knew the condition that the individual was placing oneself in and has given full consent to do so, taking a risk regardless of the underlying knowledge of injury. This is primarily raised in premise liability cases, such as entering in an area that contains signs in which the risk of bodily harm and criminal consequences are shown.
The defendant must display certain aspects to use the assumption of risk defense successfully. First, the plaintiff had to have knowledge of the risks involving the action. Additionally, the plaintiff would have willingly accepted the risk, particularly through agreement or implied with words or action. The premise behind this concept, incorporating these two aspects, would make it so the defendant does not owe any legal duty to the plaintiff, meaning the duty element of negligence is not met, and ultimately making it so the plaintiff cannot recover for injuries caused by either risks inherent to the situation or the dangers brought about through defendant’s negligence.
It is the burden of the defendant to discover proof when it comes to determining an assumption of risk defense, being responsible for showing that the danger was vividly apparent, or the conduct was fundamentally dangerous. Following the standard of proof is the preponderance of the evidence, demonstrating that it is more likely than unlikely to be true.
Express Assumption of Risk and Implied Assumption of Risk
Express assumption of risk and implied assumption of risk are two contentions that align with the notion of known-hazardous conditions and willingness to participate in the dangerous action.
According to Nevada Jury Instruction 4.17, an express assumption of risk is defined as the plaintiff assuming the risk of injury by specifically agreeing with the defendant that the plaintiff would not hold the defendant responsible if an injury should be caused by the known risk. It is conducted before an event occurred in which the plaintiff was injured because of a known risk, explicitly accepting the risk, and therefore, making it so the plaintiff may not recover damages from the defendant for that injury. For example, written agreements such as waivers fall under this category. The responsibility of the jury when presented with the facts is to review the relevant documents that they will examine to reach a verdict.
Contrasting with express assumption of risk, implied assumption of risk is inferred through words and conduct. Plaintiff would have had to have a complete understanding of the possible harm that could present itself, consenting to the risks under those circumstances. Implied assumption of risk is more abstract when rendering a decision, thus making it harder to determine if the assumption of risk is prevalent. The jury would have to examine the existing facts and circumstances of the situation, making it more difficult for the defendant to clearly and distinctly reveal that the plaintiff knew the risks prior to the action.
When it comes to personal injury cases and the assumption of risk, it may be useful to consult with an experienced personal injury lawyer such as Eglet Adams. The details of these cases are sometimes abstract and difficult to do without the help of good legal counsel.
March 13, 2021
How Does Progressive Insurance Handle Drunk Driving Accident Claims?
When you think of Progressive Insurance, you probably picture a smiling and slightly dopey brunette dressed in all white with the Progressive logo planted firmly on the front of her apron. This character, Flo, has been the mascot of Progressive Insurance since 2008, appearing in over 100 commercials with her breezy positive attitude. Flo makes Progressive Insurance look simple as she skates (sometimes literally) around smiling customers, helping them find the perfect insurance for their budget.
However, when it comes to drunk driving accident claims, Progressive works like any other insurance company — attempting to minimize their liability and amount of money owed. Here are the steps you should take when filing a drunk driving accident claim with Progressive Insurance.
Step 1: Write Your Personal Injury Claim
After an accident with a drunk driver, you should immediately begin crafting your personal injury claim. Make sure you have all the necessary information before contacting the adjuster at Progressive. It’s important that you come forward with a well-written settlement claim, detailing your demands in the aftermath of the incident. Additionally, you should be confident in the amount you are asking the insurance company for. Do not ask for anything less than what you need. This includes all medical bills, wages lost for time spent off work, pain and suffering damages and more. If you’ve never filed a personal injury claim before and don’t know how to go about writing your settlement claim, you should meet with a car accident attorney who can ensure your demands are reasonable and well crafted.
Step 2: File Your Personal Injury Claim
Progressive Insurance will likely have you file your claim either through their website or over the phone. Before reporting the claim, you should have certain information on hand in order to ensure a smoother transaction. These include:
- Date, time and location of accident
- Contact information for all parties involved in the accident
- The make, model, year and license plate numbers of all vehicles involved in the accident
- List of injuries and damages to parties and vehicles involved
You should file your claim as soon as possible; although you should wait until all medical issues have been treated so you know the final total of any medical bills.
Step 3: Speak with a Progressive Representative
Once you’ve reported your claim, Progressive will put you in touch with a claims representative. This representative will speak with you and ask several “on the record” questions about the incident. Once the questions are answered, the representative will discuss coverage options, set up a time to inspect the damages and answer any of your questions.
If you were a victim of a drunk driving accident and need to speak to Progressive Insurance, reach out to a qualified car accident attorney, like a Bethesda car accident lawyer from Cohen & Cohen, P.C., to discuss potential damages and settlement claims in order to ensure you are compensated for any effects of the accident.
February 5, 2021
Common Carrier Litigation: An Overview of Relevant Case Law by Ryan Quinn
An article written by Ryan Quinn was featured in the latest number of The Journal of the Virginia Trial Lawyers Association — a quarterly magazine with a substantive, hands-on approach to issues relating to trial practice. The Virginia Trial Lawyers Association is a voluntary bar association established in Williamsburg in 1959, dedicated to enhancing the knowledge, skills, and professionalism of trial lawyers and committed to improving the law and the fairness of Virginia’s system of justice.
Common Carrier Litigation: An Overview of Relevant Case Law
“Successfully litigating personal injury cases involving common carriers requires a nuanced understanding of several legal principles unique to common carrier litigation. This article will examine the relevant case law and set forth the broad legal principles that guide legal assessments in common carrier cases.” To read the full article click here.
September 23, 2020
Misdiagnosis and Medical Malpractice
Medical Malpractice Lawyer
Sometimes we trust doctors and medical professionals more than we trust anybody. We figure they spent so much money on education that they have to get it right. Anytime we feel ill or hurt they are usually the first that we went to. Unfortunately, medical professionals are educated but they are not perfect. They are sometimes when they may miss diagnose or can even cause injury. Been missed diagnosed can cause a domino effect of other health concerns and can lead to a lot of financial burden. In the event that you or someone you know has been improperly diagnosed, depending on what other issues that led to you may be able to be compensated for any damages or trouble.
Just being misdiagnosed is not enough to win a settlement. There must be some sort of negligence that the doctor or medical professional is guilty of and this negligence led to some injury or some sort of illness to you or your loved one. In order to prove this, sometimes it is best to speak with a skilled personal injury attorney who has experience with these types of cases. The injuries or illness cannot be due to your own negligence. There must be proof that these injuries or illnesses came to be based on the doctor or medical professionals’ lack of care, and it is up to you to prove to an insurance company or a judge that the doctor is the reason these things happened.
The scary thing about a misdiagnosis is you may take the wrong prescription, or not even be aware that you are ill. This can lead to other health related issues. We spoke with the attorneys at Andrew R. Lynch who explained, having a medical malpractice attorney in Atlanta, GA will give yourself the opportunity to not only recover as much as possible but also be compensated for any medical bills and expenses or any other financial burdens that occur due to this injury or illness. In the event that you or someone you know has suffered from a misdiagnosis, contact an attorney to see what your legal options are. There are so many things that can contribute to a successful claim as well as so many things that could contribute to a failed claim. There is no need to do this alone, speak with a medical malpractice lawyer as soon as possible and get what you deserve. Sometimes a misdiagnosis or no diagnosis at all, can lead to lifelong illness, injuries, or even death.
April 24, 2020
Virginia House & Senate Vote Against Surprise Hospital Bills
Earlier this month, both the Virginia House and Senate unanimously passed identical legislation to stop issuing surprise hospital bills for some Virginians. The legislation will go into effect on January 1, 2021.
Surprise bills, also known as “balance billing,” are issued to patients who seek emergency care at either an out-of-network hospital or receive treatment from an out-of-network doctor at a facility included in their network.
The major problem with balance billing is that patients may not even realize that they are receiving treatment from an out-of-network provider. Thus, the large medical bills come as an unwelcome “surprise.”
According to an article in Virginia Lawyers Weekly, a teenager was billed $34,000 after a plastic surgeon outside of his network treated his broken nose. The treatment occurred at a hospital included in his family’s insurance plan.
The article also references studies that suggest surprise billing occurs in as many as 20% to 42% of emergency room visits statewide.
The bill was modeled after a law passed in Washington state which states that patients who receive out-of-network emergency care must be charged the in-network rate mandated by their plan. This includes their standard copay and deductible.
Insurers are the ones responsible for compensating any out-of-network providers a “commercially reasonable” rate. However, if the medical professional or facility that offered the treatment disagrees with that rate, they have 30 days to reach an agreement with the insurer. If an agreement cannot be reached, both sides can make their cases to an arbitrator who will decide the final amount. In Virginia, the arbitrator is not required to be an attorney.
The new law only applies to Virginia patients with state-regulated health care plans. Those who hold Employee Retirement Income Security Act (ERISA) plans must opt into the law for it to apply.
If you have any questions about the new law and how it may affect you, feel free to reach out to our firm. The Law Offices of Ryan Quinn, PLLC has been assisting clients with medical malpractice issues for years and our attorney is familiar with Virginia law and local practices.
Have you or a loved one been hurt by a medical professional or while in the care of a hospital or clinic? You may have a case. Contact us today to speak with our Arlington medical malpractice attorney.
April 22, 2020
Law Offices of Ryan Quinn Wins Client $135,000 Settlement in Pedestrian Accident Case
On April 20, one of our Arlington pedestrian accident clients received $135,000 in damages, a settlement that was nearly two years in the making.
On July 16, 2018, the plaintiff was lawfully crossing N. Edison Street where it intersects with Carlin Springs Road when he was struck by the defendant’s car. The plaintiff suffered multiple injuries, including a fractured rib, a broken nose, and a facial laceration. Though his injuries were serious, he fortunately made a full recovery and suffered no long-term consequences.
However, the damage had been done and he had medical bills to pay. Not to mention the emotional trauma one suffers after getting hit by a car, which the plaintiff had to endure as well. The plaintiff contacted our firm and we worked together to build a case that would help him receive the settlement he needed to pay off his medical expenses, eventually going head to head with the defendant and his attorney during settlement negotiations.
Following the accident, the defendant was not ticketed or charged and denied liability. He claimed he was “sun blinded” at the time of the accident, therefore relieving himself of any fault. However, during his deposition, the defendant divulged that he did not use his vehicle’s sun visor nor wear sunglasses on the day of the accident. Moreover, he revealed that he was familiar with the area where the accident occurred, as it was part of his daily commute. He also disclosed that he had previously had issues with the sun being too bright near the same location. These admissions revealed that the defendant knew of the risks and yet didn’t do anything to mitigate them, thus hitting the plaintiff.
Once this information came out, Attorney Ryan Quinn negotiated with the defendant’s attorney and together they agreed to the final settlement.
Have you been injured in a pedestrian accident in Arlington? Attorney Ryan Quinn may be able to help you as well. We provide every client with personalized attention, consistent communication, and tireless advocacy. Reach out to us today at (703) 647-4113 or contact us online.
October 7, 2019
Will Amazon Take Steps to Reduce Bicycle Accident Injuries?
As Amazon begins their plans for HQ2 construction, a local sustainability group is bringing attention to the potential downsides of the construction. Any increase in jobs results in an increase of commuters to the area—and Sustainable Mobility is urging Amazon to do their part to keep Arlington green by adding or upgrading bike lanes in the area.
The company recently pledged to be carbon-neutral by 2040, so green practices will likely crop up on their campuses and fulfillment centers around the world. The question of whether they’ll support employee efforts to reduce their own impact remains to be seen.
Should We Be Worried About Bicycle Accidents?
Just looking at the stats shows that bicycle accident rates fell between 2016 and 2017—but those numbers don’t tell the whole story. The percentage of fatal bike accidents has risen across the US; 783 Americans died due to bike accidents in 2017. Trends suggest that measures like the ones suggested by Sustainable Mobility could make a big difference. Analysis shows that:
- Nearly 70% of bicycle accidents happen in urban areas
- Most fatal bike accidents that take place on weekdays happen between 6 and 9 p.m.—when commuters might be heading home after a long day of work
- Cities that have seen an increase in bicyclists, but no infrastructural changes to ensure safety, are much more dangerous than those that have added bike lanes and other helpful features
On average, bikers involved in urban accidents face more serious injuries than those in rural areas. When cars and bikes come into close quarters with one another, they often collide—and the cars almost always win.
The Dangers of Bike Accidents
It’s been proven time and again that wearing helmets can help protect bicyclists from fatal injury, and doing so can cut the risk of head injuries by 1/3—but cutting the risk of head or brain injury doesn’t protect against shoulder, arm, wrist, hip, or leg injuries (bikers less commonly suffer injuries to their chest, abdomen, or back). Likewise, though helmets help prevent fatalities, bikers may still need extensive treatment after an accident. A study of Finnish bikers found 3 out of 10 injured bikers were hospitalized; those who received outpatient care likely incurred fewer costs, but many still had to visit specialists or attend physical therapy to achieve full recovery.
In bicycle accidents that involve cars, bikers are likely to suffer serious injury, including:
- Fractured or broken bones
- Sprains or strains
- Deep lacerations that may become infected
- Concussion
- Other brain injury
Bike accident injuries can be just as expensive as those sustained in car collisions. In fact, the CDC estimated that in 2010, non-fatal bicycle accidents ran up a bill of $10 billion when considering continued medical costs and missed work.
Finding a Lawyer After a Bicycle Accident
If you’ve been in a bicycle accident, you’re facing a lengthy process just to receive compensation for damage to your ride, reimbursement for doctor’s bills, and consideration of lost wages and future medical expenses.
As Amazon HQ2 begins to hire, Arlington will see many more commuters—and those on foot, bike, or scooter may be at risk unless Amazon builds with pedestrian and biker safety in mind. Our experienced team at the Law Offices of Ryan Quinn, PLLC is here to help you in the aftermath of a bicycle accident.
Questions about a bicycle accident? Call our office at (703) 647-4113 or contact us online to schedule a free consultation today.