Missouri Injury Law Blog

You you suffered a severe injury as the result of a car or bike accident or other type of injury, you need an accident attorney that is experienced at proving all the damages you are suffering, both physical and mental. It is medically known that chronic pain is a major factor in causing anxiety and depression. Chronic pain causes the victim to have a negative outlook on life as they deal with pain on a daily basis, and in many situations it cannot be effectively treated, at least in my experience, most of my clients decide to stop taking pain killers early on, due to the addictive nature of them and over time tolerance is built up and the effectiveness is lessened.

In a recent medical study at Indiana University, researchers evaluated 250 patients with chronic back or joint pain lasting more than 3 months despite treatment and medication. All of the patients were evaluated for the following types of depression or anxiety:

• Generalized anxiety, characterized by persistent worry; panic, or sudden, repeated attacks of fear;
• Social anxiety, characterized by overwhelming anxiety in everyday social interactions; post-traumatic stress, or a repeated feeling of danger after a stressful event;
• Obsessive-compulsive disorder, characterized by repeated thoughts or rituals that interfere with daily life

The study showed that almost half of the patients tested positive for one or more of the above types of depression or anxiety. "Psychological comorbidities are common in patients with chronic low back pain and other studies have also shown a high prevalence of depression, anxiety and other psychological conditions[.]" Depression and anxiety must be treated with therapy, "just throwing pain medications at someone like this doesn't tend to be very effective since you're not dealing with an important driver of the pain." See "Chronic Pain Sufferers Likely to Have Anxiety".

Why is this issue important to my injury case?

Under personal injury law of most states, you are entitled to compensation for all damages suffered as a result of the negligent or intentional acts of another. Typically this damage is covered by the person's auto insurance or other liability insurance. Damages include not only physical injuries, but mental suffering, including anxiety or depression caused by the accident or caused by the injuries suffered from the crash or incident, as they are foreseeable under the law.

Your testimony about your depression and anxiety is helpful, however, medical testimony and diagnosis of these problems is very important in successfully pursuing a personal injury claim. A good injury lawyer will make sure that if you suffer depression from chronic pain that you are treated appropriately for that condition and knows how to get credible evidence of that injury in front of a jury for consideration.

The evidence of your depression caused by chronic pain is your testimony, but more importantly medical testimony supported by credible and recognized studies such as the one discussed above. Medical research supporting chronic pain as a cause of your depression adds credibility to your claims that you suffer form this condition. As I like to say, "credibility is the currency of persuasion".

You and your doctor become more credible when your claims of mental suffering caused by chronic pain are backed up by independent studies objectively proving this fact. In order to get full compensation for your injuries, this and many other legal techniques need to be employed to force the insurance company to settle for top dollar, and if they don't, you and your lawyer will be ready to present your case to a jury and have the odds in your favor.

Need a top injury lawyer? Call Missouri and Illinois personal injury law firm Sansone / Lauber, or contact via website or e-mail.

We all know helmets help reduce injuries in bike and motorcycle accidents and most states mandate helmet use. As a bike accident lawyer, I see bikers hurt by drivers on a regular basis, and most people wear helmets. I am still amazed when I drive in Illinois that I see most bikers riding without helmets. Being in a motorcycle accident and a bike accident myself, I believe a helmet saved my life when I was in a motorcycle accident in the St Louis area, a driver cut out in front of me, forcing me to lay my motorcycle down and I slide under their car and struck my head on the bottom of the car, cracking my helmet. Even though I was wearing a full face helmet, I still suffered a concussion and post concussion syndrome. Had I not been wearing a helmet, who knows if I would be writing this article. So based on my personal experience and my experience representing victims of bike crashes, I cringe when I see people rising without one.

There have been many studies showing the effectiveness and safety benefits of helmets. A recent study "Helmet crash tests: Don't hit the road without one" further supports this known fact and gives statistics for how much the head is protected by a helmet.

"Crashing without a helmet exposes the head to accelerations and forces -- or loads -- up to 9.5 times greater than with a helmet and so greatly increases the risk of head, skull and brain injury, according to a detailed biomechanical study"

The study used the apparatus pictured above to simulate real world forces from many different angles and degrees of acceleration to collect data on the different forces exerted on the head with and without a helmet. The study found:

"When you look at injury risk, an unprotected head is likely to suffer concussion even dropping only half a meter while you are stationary .... [a]s the height of the drop and the horizontal speed increase, so does the risk of skull and brain injury. We found that a helmeted head, however, is protected against serious injury until the most severe impacts in our study: even with a drop of 1.5 m and a speed of 25 km/h the helmet has an important protective effect."

Why is this important to my bike accident case?

In Missouri evidence of someone not wearing a seat-belt is generally inadmissible, and when it is it only affects comparative fault (a reduction in the at fault drivers fault) by 1%. However, there is no such law regarding not using a helmet. Therefore, if you suffer a severe brain injury and were not wearing a helmet, the defense can use the above study along with many others to argue to a jury that the brain injury is significantly your own fault because you did not wear a helmet; regardless if it is legally required or not. It is a failure to mitigate your damages defense.

Bike crash cases are difficult enough, as many jurors feel motorcycle riders voluntarily expose themselves to heightened risk just by riding a motorcycle, and therefore, are sometimes very forgiving of any negligence by the at-fault driver and will often not hold them responsible for all the motorcyclists' injuries. You must have a good motorcycle lawyer that knows how to present these cases to a jury and work them up properly so that they settle for top dollar before ever going to trial.

Bicycle cases present some of the same challenges as mentioned above, however, they have the added challenge that most jurors are not bikers and most jurors have encountered a cyclist on the road that obstructed traffic or rode through a stop sign and they may not like them in general. Add to that bias many jurors already have the fact you were not wearing a helmet and you are giving them an additional excuses to either return low verdict or a verdict not in the bike rider's favor. Again, you need a good bicycle accident attorney that knows how to handle these specialized cases.

If you have been injured in a bike crash call the accident law firm of Sansone / Lauber at (314) 863-0500 or contact our lawyers online to arrange a free consultation about your case. We handle cases throughout Missouri and Illinois and will find you the right lawyer outside of our area, free of charge.

Social media is everywhere we turn. We have Facebook, LinkedIn, Twitter and dozens of more sites that we can turn to for up to the minute news and updates on family and friends. So what impact has social media had on the law? In this article, we will look at how social sites can affect personal injury law cases.

It is part of our human tendencies to share things. And sometimes, we could be sharing too much.

Many people don't stop to think about what they are sharing on open social media sites such as Facebook. You probably want to share your latest news with family and friends. That may be good news such as a promotion at work, or a new baby on the way. However, people tend to also share the not-so-good things that are happening in their lives, such as their home being broken into or the car accident they were in. While we maintain the right to speak freely on social media sites, you may want to think about what you are posting and who may see it now, or in the future.

Perhaps you posted images of your car, after a drunk driver smashed it and yourself. Months may have passed since the accident, but you are still in litigation with the person who hit you. You may have chosen to spend an afternoon sitting in the hot tub with your friends, when one of them snaps a picture of you and posts in on their Facebook page. While this may seem innocent enough, once that drunk driver's attorney gets a hold of that image, your case may come to an abrupt ending. Though you may have true injuries, that image of you being with others, in the water, may be misconstrued by others.

Sounds silly, right? Well, it is silly - but that doesn't mean it couldn't potentially hurt you. You trying to relax injured muscles in the hot tub might be viewed as you being well enough to spend an afternoon at a water park. This is terrible news for you, being the injured party. However, to the person who hit you, and their law team, this is a win. This is just one example of how social media has helped and hindered people during their personal injury case. Social media has opened the doors to our private lives. While posts, images and sharing may be enjoyable, use caution in your posting.

Moral of the story: be careful out there in cyberspace. If you are questioning whether you should post something, chances are you shouldn't be posting it in the first place.

St Louis Injury Lawyer Ben Sansone's comments on this article:

The above example, of a picture of you in a hot tub trying to relieve muscle pain being misconstrued as you being healthy and having fun, is a real serious issue for some personal injury claimants. Maybe it's a picture of you hanging out with your softball team, they will claim you are playing sports. One I have seen several times are hunting pictures, the driver's lawyer finds a picture of you with a trophy deer online all of a sudden you are now accused of not being hurt because you can climb into a tree stand and deer hunt. Of course you can explain these pictures to a jury, but why allow the issue come up in the first place? Some jurors are looking for any reason not to award money to personal injury claimants, don't give them an excuse.

A typical defense tactic is to call you a malingerer (a faker), but they will do it in a very nice and polite way, but the accusation is the same. Social media posts showing you having fun, on vacations, doing physical activities, and the like will be used against you. I know, just because you are hurt does not mean you should not take your family on the at annual family vacation, I agree! however the insurance defense lawyers will argue otherwise and it will distract a jury.

Need legal help about a personal injury case? Call us or email a lawyer for a free consultation (314) 863-0500.0

In my legal profession of representing victims of personal injury including car accidents, it is all too often seen that the at fault driver needlessly caused the collision because they were distracted by an electronic device. Usually the electronic device blamed is a cell phone that was being used to talk on, or now more often being used to send or read a text message. See Driving While Texting Worse than Drunk Driving.

A recent AAA study found, "[T]alking on a hands-free phone isn't significantly safer for drivers than talking on a hand-held phone, and using hands-free devices that translate speech into text is the most distracting of all, researchers found."

How is this Important to my Illinois or Missouri Car Accident Claim?

There is solid evidence about the effects of distracted driving, however, as the person bringing a personal injury claim, you have the burden of proof, meaning you must prove it, not just allege it! So how do I prove distracted driving?

The easy way is an admission by the driver that they were on the phone, texting, or using it to access the internet. Most people are smart enough not to admit that. The other way is to subpoena the driver's phone records and you MUST include text messaging as part of that record request. You must do this sooner than later as many mobile phone carriers only keep text messaging data on file for a few months and usually phone call data is limited to 18 months.

Oftentimes a witness may have seen them using their phone or other electronic device. Witnesses that were not involved with the collision and don't know the people involved, are extremely helpful as they are often the most credible witnesses at trial, since they usually do not have a bias towards either party. These witnesses are particularly helpful if we interview them privately, and then after the deposition of the at-fault driver, we call them as a witnesses of their testimony is significantly different and discredits the at-fault driver. This is very important early on in the case, you may want to keep witnesses and their statements secret till the right time, and under Missouri and Illinois law a personal injury lawyer can do that, as it is protected by the attorney work product rule.

Additionally, do a social media investigation on the other driver, with the excitement of the collision they may have posted something about it, that research needs to be done soon as they may realize later that it was a bad idea and remove that post or the auto insurance lawyers may advise them to go clean up their social media posts. See Investigating Car Accidents with Social Media.

We live in a world of fast moving technology and where just about everyone has a smartphone and had personal information online. You need a law firm that uses the latest technology and strategies to get the best evidence possible when pursuing your injury case. Call the persona injury law firm of Sansone / Lauber today for a free consultation, (314) 863-0500 or contact an injury lawyer via email or online.

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The biggest driving distraction might just be... your car?

With so many people using some sort of social media today, I almost always do a few hours of online research at the beginning of each case to see if someone involved with the accident talks about it online. One driver that recklessly caused a bicycle accident and fled the scene, bragged about it on twitter by stating:

"Definitely knocked a cyclist off his bike earlier--I have right of way he doesn't even pay road tax! #bloodycyclists,"

I have discussed the importance of social media in Missouri personal injury cases before. I advise all my clients to absolutely not talk about the case, the accident, or their medical treatment on Facebook, Twitter, or the like. When hiring a Missouri accident lawyer, be sure they are savvy enough to do the necessary online research. Imagine the different outcomes the above situation could have, without the Tweet, the driver probably would claim it was the biker's fault or she made an honest mistake; that single Tweet changes the case entirely as it is obvious she was at fault and probably caused the bike accident on purpose.

Another situation of a drunk driver that caused an accident, the drunk driver posted on his Facebook page,

"Drivin drunk ... classsic ;) but to whoever's vehicle i hit i am sorry. :P"

Now these are obvious admissions so guilt and recklessness, but many defenses can be raised by negligent or drunk drivers that make a case more difficult. Diligent research online can find posts by them or their friends that contradict their defenses. As a personal injury lawyer, it still amazes me what people will say on their Facebook page after a car crash or even while litigation is ongoing.

This is not just something less intelligent people do, I have seen doctors and nurses talk online about cases I am handling. I had one nurse posted on her Facebook page, after a deposition, about how she was so good a lying to me during the questioning; obviously I was able to completely discredit any of her testimony with that! Also see an article on an unrelated case where a St Louis Missouri doctor talks about her patient's baby who died at birth on Facebook: St. Louis OB-GYN Draws Fire After Ranting About Patient On Facebook

Social media can be a powerful tool in a personal injury case, however, it can also be devastating. If you have been seriously injured in a car accident or a bicycle crash, don't post Facebook pictures that may appear to look like you are completely healthy and pain free when that is not the case. Pictures can tell a 1000 words, however, they can also make it appear that you are not injured. Typical defense lawyer tactics are to try to allow the judge to show the jury vacation pictures arguable to show lack of injury, but it is really an attempt to make the jurors jealous that you went on a nice vacation when you were supposedly hurt. So do not make their job an easier, if you are involved in a personal injury claim or lawsuit, keep you internet posts private, or preferably do not post them at all.

If you have been hurt in a bike accident or car crash contact us to discuss your case for free. Keep in mind that the word of information is quickly changing and you need a law office with modern cutting edge technology when pursuing your case. Call us at (314) 863-0500 on contact us online. We primarily handle cases in Missouri and Illinois, however if you case is outside of Missouri or Illinois, please contact us anyways, we will help you find a local lawyer, free of charge.

The leaders of the Missouri Bike Federation and other bicycle advocacy groups recently had a meeting with the director of MoDOT with the "On the Move" MoDOT campaign about future roads and projects and how bicycle safety concerns were being considered.

The bicycle groups told him one of the top needs for bicyclists across Missouri was roads with good, bicycleable shoulders. "Submit them!" he said. "Submit them to our list. Submit them all!" Answer MoDOT's challenge and lets submit what roads need better bike-able shoulders. Submit your shoulders for biking suggestions here!

• What roads should you consider?
• Roads that have too much traffic to bicycle on regularly or safely without a bicycleable shoulder
• Roads that have shoulders that are too narrow to safely use for bicycling but are often used for cycling.
• Routes that you would bike if only that one stretch of one road had a shoulder
• Bridges or overpasses that lack shoulders
• Roads that mostly have shoulders--but the shoulders are missing in a few spots

Even if you know someone else has submitted ht road you are thinking about, still submit it! Every submission is a like a 'vote' for adding a shoulder to your road.

Many of us bicyclists don't like riding on the shoulder even when it is there, for many reasons. Some of us are taught that for safety reasons don't ride on the shoulder because drivers will not give you any room, being on the inside of the white line forces them to give you extra space. Personally, I don't ride on the shoulder most of the time because of the rocks and debris that is usually there. However, I like a shoulder when traffic is heavy plus it make me feel more comfortable to have some extra room for error or to swerve if I need it.

Tips on when to ride the shoulder or not:

Know when to ride on the road, on the shoulder or in the bike lane to help avoid a bike accident.

"Don't ever let the traffic engineers think for you. Even if you're turning right, would you want to be in that gap when the truck is turning right? The rules will vary from jurisdiction to jurisdiction but, generally, shoulder use is optional but never required, and bike lane use is generally only mandatory when faster traffic is present and they can be safely and reasonably used. Beware of glass, rubble and other debris that tends to collect in shoulders and bike lanes because they are not being continually swept clean by vehicular traffic as the rest of the road is. Take into account the extra risk you assume by riding as far right as bike lanes and shoulders usually are because you are less conspicuous there (less conspicuous to drivers approaching from behind as well as to those ahead of you). Being so far right also shortens your sight lines to potential hazards in front of you, and reduces the amount of safety/buffer space between you and potential hazards near the edge of the road. In short, decide where to ride by imagining where you would ride if there was no stripe per the considerations given above, and ride there. Remember that stripes are in fixed locations, and the best location for you to ride depends on the current situation and conditions, so don't blindly rely on bike lane stripes for guidance." from article How to Ride a Bike Safely

Hurt by a driver of a car that did not give you the room required? This is a common cause of bike injuries. We have recovered millions for injured bicyclists. Call bike accident lawyer Ben Sansone for a free consultation. (314) 863-0500.

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Many people have likely run across stories about operations gone wrong, stories about sponges left inside incisions or patients that had the wrong leg operated on. A recent lawsuit filed by a woman from St. Ann, Missouri puts all those in perspective. The recently filed medical malpractice suit alleges that her physician operated on the wrong side of her brain.

The suit was filed against the St. Clare Health Center and her doctor, identified as Dr. Armon Levy. The woman, Regina Turner, was scheduled to undergo a "left-side craniotomy bypass" to help prevent future strokes, but instead received a "right-side craniotomy surgical procedure." Once the surgeons realized their mistake they performed the correct procedure six days later, tragically, too late to avoid damage.

Her family has now filed suit on her behalf, claiming that the hospital and her neurosurgeon were negligent and careless which led to the terrible mistake. Prior to the surgery the woman was able to walk, talk and care for herself. The woman is now unable to speak and requires around the clock care just to meet her basic needs.

An expert interviewed about the case said that while it is understandable that many people would want to blame the doctor, the fact is such catastrophic mistakes like wrong-site surgeries are actually signs of a systemic failure and not an individual's error. A lack of proper safety protocols in the hospital itself could be to blame or a dearth of pre-surgery checklists for doctors to ensure that similar mistakes never happen. According to the lawsuit, members of the operating team setup the operating room incorrectly and then stood by and watched as the doctor operated on the wrong side of the patient's brain, never interjecting or double-checking.

Following along with this theme of surgical errors, a recent study out of Harvard Medical School came across some disturbing evidence which showed that surgical mistakes can actually help boost a hospital's financial bottom line. Though it's terrible to imagine, the researchers found that complications that arise from surgeries, such as infections or strokes, result in significantly more money for the hospital than procedures that go smoothly.

Using records from a Texas hospital, the researchers discovered that procedures that ended in complications earned the hospital just under $15,000 while surgeries that went according to plan netted the hospital $7,500. That means that surgical complications are almost twice as lucrative as those procedures that go perfectly.

The study's authors have said that they conducted the research to try and understand why it appears to be so hard to reduce medical complications which claim tens of thousands of lives every year. The authors said they were always confused about why it seemed to take so long for hospitals to implement simple procedures, such as surgical checklists, when they can lead to dramatic improvements in surgical success. They determined that money may actually play a role, meaning hospitals and doctors have a financial disincentive to get every surgery right.

The study's authors acknowledged that fixing the problem will require a lot of hard work. They suggest that the insurance industry change its way of reimbursing doctors and hospitals, paying based on surgical success rather than based on the number of operations performed. Doing this would create a true financial incentive for healthcare provides to work their hardest to ensure complication-free procedures.

If you or a family member has been the victim of wrong site or side surgery don't walk away without making a claim, you are entitled to fair payment for your injury. Call Missouri & Illinois medical malpractice lawyer Ben Sansone for a free meeting to discuss your case. (314) 863-0500.

Source: "Lawsuit alleges doctor operated on wrong side of patient's brain," published at FoxNews.com.

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Wrong Site Surgery: Malpracitce from Operating or Cutting on Wrong Body Part

Post-Concussion Symptom Scale (PCSS) and the Mayo Concussion Test

The U.S. Food and Drug Administration recently released an alert to nursing home providers across the country about the potential dangers posed by contaminated mattresses. Specifically, the alert referred to the risk of dangerous infections that can start when worn or damaged mattress covers allow blood and other bodily fluids to penetrate medical beds in nursing home facilities.

The FDA safety bulletin said that medical mattress covers are designed to protect the mattress itself from contaminated fluids. The problem is that due to overuse and simple old age, many of these covers can become worn. The wear and tear on mattress covers can cause leakage in places, allowing bodily fluids to penetrate to the inner layers of the mattress. This is possible even in covers that claim to be water-proof or which are coated in antibacterial substances designed to kill viruses and bacteria.

The FDA says that it believes damaged mattress covers are responsible for several potential infection outbreaks that have occurred across the country in nursing homes. Specifically, the FDA says that over the last two years it has received just under 500 reports associated with mattress covers that have failed to prevent bodily fluids from leaking into the mattress itself. Many of these reports have indicated that fluids from one patient penetrate a mattress and then later either leak out or come in contact with a new patient that has been placed on the same bed. This second patient is then at a high risk of developing infections which can spread throughout the rest of the facility.

The regulatory agency has said that problem is no small matter; instead, it believes that the issue of contaminated mattresses is widespread and seldom spotted by healthcare providers who are not trained to look out for such problems. To help combat the issue, the FDA has recommended that staff members at nursing facilities regularly check each mattress cover for visible signs of damage such as cracks, tears or pinholes which can allow fluids to leak inside the cover. Another vulnerable area in the covers is the zipper, which the FDA says can be the source of leaks. Staff members should also regularly remove the mattress cover and check inside for moisture. The mattresses should be checked for wet spots or stains, which can indicate that the cover is not functioning as it should. All damaged or soiled mattresses should be replaced immediately given the danger of an infection associated with such contaminated mattresses.

Illinois medical malpractice lawyer Ben Sansone is an experienced trial lawyer who routinely handles cases from simple car crashes to complex medical negligence cases. If you would like to discuss a potential case we are available for a free consultation to discuss your case. Call us at (314) 863-0500 or contact us online to arrange a free meeting.

Source: "FDA Warns That Damaged, Worn Covers for Medical Bed Mattresses Pose Risk," published at InfectionControlToday.com.

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$1,400,000.00 Settlement against Southern Illinois Hospital

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An attempt by the Missouri legislature to reinstate the state's cap on noneconomic damages in medical malpractice lawsuits took a hit earlier this week in the state Senate. Despite fevered attempts, with some legislators working well into the night, the measure never made it to a full vote on the Senate floor.

The sponsor of the new legislation, Senator Dan Brown, told reporters that he would continue working on getting the measure before a full vote of the Senate body before the end of this year's legislative session. Senator Brown is under the gun given that the legislature only has until May 17th to pass new measures before a mandatory adjournment.

Senator Brown said the negotiations broke down over the precise dollar amount that would be involved. The measure was meant to reimpose a limit on noneconomic damages in med mal cases, which means limiting the amount of money injured patients can collect for pain and suffering. The previous med mal cap was struck down by the Missouri Supreme Court last year, much to the chagrin of Republican legislators who believe the cap is crucial to curb what they view as "frivolous lawsuits" (a ridiculous allegation). The state Supreme Court decided that the law, capping damages at $350,000, violated the state's constitutional right to a jury trial given that the caps act as a restriction on a jury's fact-finding role.

The newly proposed measure, HB 112, seeks to do an end run around the Supreme Court by eliminating a common-law right to file lawsuits over health care services. The new right would be statutory instead, and would include a damage cap of $350,000. The measure was approved earlier last month in a 93-62 vote in the House.

Supporters of the measure, including Senator Brown, argue that the legislation is necessary to help reign in malpractice insurance premiums and to ensure that doctors continue to want to practice in the state. Opponents argue that a cap is not only unconstitutional, but is designed to protect wrongdoers at the expense of those who have suffered horrific and possibly irreparable harm. In some cases, larger damage awards are necessary, painful measures that are meant to send a strong message to the perpetrators and others who might be inclined to cut similar corners in the future. By implementing a damage cap doctors and healthcare providers know that there is a ceiling to how much money they can be forced to pay out for pain and suffering.

Medical negligence lawyer Ben Sansone is located in St Louis (Clayton) Missouri and handles medical negligence cases across all of Missouri and Illinois. For a free consultation please call (314) 863-0500 or contact us online.

Source: "Medical Malpractice Cap Bill Stuck In Missouri Senate," by Marshall Griffin, published at KCUR.org.

See Our Related Blog Posts:

New Push To Resurrect Missouri Med Mal Damage Cap. -- 2nd Amendment Off limits! But the 7th Amendment? Well.....

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By Guest Author:

More and more, people are turning to the Internet to research information about lawsuits, lawyers, and court cases. While this is a good starting point in some instances, anyone performing these searches must be aware of the large amount of misinformation posted online. Even though there are a number of reputable websites offering concrete information, they are often lost in the shuffle of bad reviews and untruths.
Why does misinformation about injury lawyer show up online?

An unhappy client: If a client believes the injury attorney has not represented them in the way they expected, they could use the Internet as a way of retaliating. Some disgruntled clients post on blogs, in forums, or on review sites.

Unprofessional competition: As sad as this reality is, there are competing accident attorneys that have posted unreliable information as a way of damaging their competition's online reputation. Not only is this unprofessional, but it is also defamation of character.

Disgruntled employees: Not everyone has good experiences in their work environment 100% of the time. If an employee leaves a job under unfavorable circumstances or they believed they were treated unfairly in the workplace, it is possible they will retaliate with negative reviews, blog posts, or forum postings.

How can a researcher weed through the good from the bad?

The best way to determine which trial attorney to choose is to perform preliminary research online. This preliminary research should include information gathered from the Bar Association, the lawyer's contact information, the lawyer's references (if any) found on their website, and client testimonies found on the firm's website.
From there, schedule a consultation with the lawyer in order to perform a face to face interview. During this consultation, the injury lawyer will also be asking pointed questions about the case. In addition to determining if this lawyer is a good fit for your case, you will also be learning if their personality is a good match for a long-term business relationship.

Gather the facts in order to use the best judgment

After the initial research is conducted and the interviews are completed, it is easy to see if the online reviews and comments are correct or not. Because this is a court case, thorough research is essential to producing the best possible outcome. If references are not available on the lawyer or firm's website, request this information during the initial consultation. A reputable lawyer will be happy to provide this information upon request because they have nothing to hide.

The bottom line:

Even though it is easy to read something online and believe it is the truth, many times it is not. Unless something is presented on a government website, in a University publication, or in a reputable journal, information online should be taken with a grain of salt. Be aware of misinformation posted by unhappy clients, disgruntled employees, and unprofessional competing law firms when choosing an accident and injury lawyer.

Author bio: Jennifer Greenleaf is a Legal Studies major through University of Maryland University College's distance learning program. She has been a freelance writer since 1999 covering multiple niches such as legal matters, home improvement, and parenting. You can learn more about her on Google+.

To arrange an in person meeting to answer all of your questions, call the injury law-firm of Sansone / Lauber at (314) 863-0500 or contact us online.

Earlier this month a driver from Clay County, Missouri, plead guilty to careless and imprudent driving after a sneezing attack led to her hitting and killing another motorist. Police say the woman hit the other driver head-on after drifting out of her lane. There is a defense to negligence based on a sudden and unexpected medical condition, such as a seizure or a heart attack that causes you to loose control. But a sneeze? Probably not a good defense to a Missouri wrongful death action; especially if the driver pleads guilty to criminal charges which is an admission of the negligent act.

The accident in question occurred back in November (which we previously discussed here) of last year when Brady hit Laura McClendon, killing her and paralyzing her two-year-old son. The accident took place just outside of Smithville, MO and occurred when Brady began having a sneezing attack. The sneezing caused her to lose control of her vehicle, crossing the centerline of the narrow road. She eventually drifted far enough over the line and that she struck McClendon's vehicle head-on.

Brady now faces up to 18 months in jail and a fine of $1,500. Brady has not yet been sentenced, authorities say that will happen later in June. It's a terrible price to pay for the victims and the driver, all because of a careless sneezing fit.

Police took the deadly accident as an opportunity to remind drivers about the importance of maintaining control over your vehicle, emphasizing how even momentary lapses, like this one, could lead to disaster. Officers said that if a driver starts sneezing it is critical that they continue to control the car. Attorneys say that Brady could have easily slowed her car down or pulled over until her sneezing episode subsided.

The family of McClendon has now filed a wrongful death suit against Brady. It's important to understand that in Missouri, individuals can file suit against negligent parties who have caused them harm regardless of whether criminal charges are being pursued. Despite Brady's prosecution and even potential jail time, the McClendon's family is still permitted to file suit for civil compensation. In fact, her plead of guilty to the careless and imprudent driving can and will be used in the civil auto crash case to prove it was her fault.

Another unfortunate bit of news came from the police who said that Brady had no insurance at the time of the deadly accident. In Missouri, and most other states, the law requires the owner of a motor vehicle to have it insured before operating it on state roadways. Sadly, many people decide to disobey this requirement and drive without proper insurance.

If you are ever involved in an accident and the other driver has no insurance, then you will be forced to make what is known as an uninsured motorist claim against your car insurance policy. Everyone in Missouri is required to carry a minimum of $25,000 in uninsured motorist coverage in case such an accident does occur. Once you file a UM claim, your insurance company steps in to take the place of the negligent driver and can be held liable for your medical bills, lost wages, and pain and suffering.

Though this is welcome news for the family of the woman killed in the accident, $25,000 does not go very far. There are countless situations where clients wished they carried more than $25,000 in uninsured motorist coverage. Given the potential harm that can result in such uninsured driver accidents, it's a good idea to carry the maximum uninsured motorist coverage allowed under your policy.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis Missouri car accident attorneys at (314) 863-0500 today or contact us online.

Source: "Driver Guilty of Careless Driving After Sneezing While Driving Fatality," by Kathryn Brady, published at Yahoo.com.

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By guest Author

If you have a significant enough problem to go see an attorney you need to make sure that you consult with not just any lawyer, but the right lawyer for your case. Here are a few tips on how to decide on just who is the "right lawyer":

Tip #1 - Find a Lawyer Who Is Experienced With Your Kind of Case

You need an attorney who is experienced with handling whatever kind of problem you are dealing with. If you had a family member who passed away and you need assistance and link their estate, then you need an attorney experienced with probate law. If you're injured in a car accident, then you need an experienced personal injury attorney like Benjamin Sansone.  If your spouse has filed for divorce, then you need an experienced family law attorney. Whatever your issue make sure you go to an attorney with experience in that field. The last thing you want to do is hire an attorney with little to no experience in that field and allow them to get "on-the-job" training at your expense.

Tip #2 - Discover What Past Clients Say about the Lawyer

It is best if you can get a personal recommendation from someone who has been a client of the lawyer. But sometimes you don't know anyone who has had this particular kind of problem before. In that case the next best thing to a personal recommendation from a friend is to hear what past clients have to say about working with the lawyer. Often you can find reviews about lawyers on Google, Yahoo, or avvo.com. Ideally, you could hear firsthand what a past client says about the experience of working with the lawyer, but if that just isn't possible then online reviews are a great substitute.

Tip #3 - Hire a Lawyer You Are Comfortable With

Ask yourself after meeting with the lawyer whether you felt comfortable with him or her. Did they listen carefully to what you had to say? Did they fully answer your questions and make sure that you understood everything and didn't have any other issues to discuss? Overall do you feel comfortable with the idea of working with them on your case? This is an area where you can simply follow your instincts. Don't worry about why you feel the way you do or looking for concrete justifications for your feelings, just go with your gut. If your instincts are that this is not the right lawyer for you, then you should keep looking.

About the Author

Scott Morgan is a board certified Texas family law attorney who has represented divorce clients in Texas since 1994. He is the founder of the Morgan Law Firm which has offices in Houston, Austin and Sugar Land.

According to a recent study by doctors at Johns Hopkins University, diagnostic errors are not only the most common but also the most deadly category of medical errors. The study estimated that nearly 160,000 patients die each and every year due to misdiagnosis.

The study, which has been published in the journal BMJ Quality and Safety, examined some 350,000 medical malpractice claims over the past 25 years and discovered that diagnostic mistakes were by far the most damaging and costly mistake a doctor could make. Researchers discovered that diagnostic error accounted for just under 30 percent of the total med mal claims, more than those related to surgical mistakes, medication errors or treatment problems. Faulty diagnosis was also responsible for the largest share of the payments made, 35% of the total medical malpractice payouts. Finally, diagnostic errors resulted in death in just over 40% of the malpractice cases, again, the largest category.

Physicians, worried about possible lawsuits, claim they are forced to practice "defensive medicine" which leads them to dispense more medical tests than are necessary. Well, if a test is not necessary then it is not malpractice to not order it!

Another problem highlighted by the study is the lack of transparency associated with diagnostic errors. While most hospitals reveal figures regarding surgical success, few if any publicize their diagnostic error rates, a figure that could be very useful to consumers.

The authors of the study said that some of the most commonly misdiagnosed errors that were uncovered in the course of their study include pneumonia, congestive heart failure, renal failure, cancer and kidney infections. The study also revealed that doctors routinely misidentify strokes. Experts believe that doctors overlook more than 100,000 strokes annually, a terribly costly oversight in terms of patient health and monetary compensation.

The study also suggested some of the most common reasons for such diagnostic errors, chief among them, a breakdown in communication between doctors and patients during the initial office visit. Another source of concern is when doctors fail to refer patients to specialists who might know more about the specific illness. Other common problems include failures to interpret test rights correctly and a failure on the part of the doctor to follow up with the patient after a diagnosis has been made.

If you or a family member has been the victim of medical malpractice, you are entitled to fair payment for your injury. Call Missouri & Illinois medical malpractice lawyer Ben Sansone for a free meeting to discuss your case at (314) 863-0500.
Source: "Adding Up Diagnosis Errors," by Laura Landro, published at WSJ.com.

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One of the most devastating types of medical malpractice, and unfortunately a common mistake, is doctors operating on the wrong part of the body or the wrong side. A former state medical commissioner and President of the Joint Commission (the largest healthcare accrediting agency) stated that the wrong site surgery problem is very difficult to deal with and all too common.

"[S]uch errors are growing in part because of increased time pressures. Preventing wrong-site surgery also "turns out to be more complicated to eradicate than anybody thought," he said, because it involves changing the culture of hospitals and getting doctors -- who typically prize their autonomy, resist checklists and underestimate their propensity for error -- to follow standardized procedures and work in teams."

Studies of wrong site surgery errors have revealed, over and over, that on of the largest factors contributing to this preventable error is that surgeon's chose not to do a timeout. They chose not to take this patient safety precaution which exposes the patient to needless harm. A "Time out" is a "procedure just before the surgery begins, there is a "time out" and it is verified to everyone on the surgical team that they have the proper patient and everyone knows the proper surgical procedure and surgical site." See Wrong Site Surgery Malpractice

Medical professionals admit that the reported cases of wrong site surgery is just scratching the surface of the problem. Reported cases are "clearly the tip of the iceberg" said Philip F. Stahel, director of orthopedic surgery. Stahl conducted a study in 2010 of 132 wrong site surgery and wrong patient surgery cases, in 72% of the cases, there was no "time out". The study also indicated that most doctors resist the rules such as time out or sign your site, they don't think they could make such a mistake.

Contrary to the propaganda by anti-civil justice movement (tort "reform" advocates), it is a fact that the majority of patients (67%) victimized by wrong site surgery never seek legal recourse. Furthermore, the average payment for wrong site or wrong person surgery was only about $65,000, and that was only for the 33% of injured patients that pursued legal action. This is a fact reported by the medical associations, but you will never hear about that when the politicians start asking for you to support medical malpractice caps and other reforms.

"The legal system typically offers little recourse: One study found that only a third of wrong-site cases result in a malpractice suit. Stahel's team found that the average payment was less than $81,000 in cases resulting in a lawsuit and $47,000 in those resolved without legal action."

The statistics abortive do not reflect our law firm's success rate, and is a reminder about why is is so important to hire an experienced lawyer specializing in medical negligence. Our average healthcare malpractice settlement is $1.7 Million.

Most patients do not know that medical mistakes, even these simple ones are all too common. They don't know until it happens to them or a loved one. Consider these statements from doctors that are heads of hospitals across the country:

"Health care has far too little accountability for results. ... All the pressures are on the side of production; that's how you get paid," said Hopkins's Pronovost, who adds that increased pressure to turn over operating rooms quickly has trumped patient safety, increasing the chance of error.

In surgery "sometimes people say, 'Well, this isn't quite right, but someone else will address it.' In aviation they don't do that, because the plane will crash and they will all die," he said.

Reducing the number of errors will require tougher reporting rules and increased transparency. Kizer, California's former chief health officer, advocates mandatory reporting of wrong-site errors to a federal agency so cases can be investigated and the results publicly reported.

If you or a family member has been the victim of wrong site or side surgery don't walk away without making a claim, you are entitled to fair payment for your injury. Call Missouri & Illinois medical malpractice lawyer Ben Sansone for a free meeting to discuss your case. (314) 863-0500.