July 2010 Archives

Medical Malpractice St Louis Missouri - Negligent Laparoscopic Gallbladder Removal or "Lap Choli"

July 28, 2010, by Benjamin J. Sansone

Laparoscopic Gallbladder Surgery, medically known as a Laparoscopic Cholecystectomy and often abbreviated as Lap Choli, is a surgical procedure that is performed through several small incisions in the abdomen and using surgical probes (laparoscopes) to perform the surgery to remove a problem or diseased gallbladder. Gallbladder Removal Surgery Details.

injury%20lawyer%20st%20louis%20medical%20malpractice%20doctor%20missouri.jpg Unfortunately, some doctors performing these procedures are not proficient in the laparoscopic techniques, they may do many surgeries without any major complications or medical negligence, however, eventually their lack of skill and risky approach will result in a serious personal injury complication or wrongful death constituting medical malpractice in Missouri and under the medical standard of care.

Biliary injury is the most common reason for medical malpractice in gallbladder removal surgery. This is caused by the surgeons lack of knowledge or attention to the varying anatomy of the gallbladder and the surrounding arteries and ducts.

Prevention of gallbladder removal surgery malpractice from biliary injuries (injury to the bile ducts) requires the doctor to perform meticulous dissection so that only the ducts, arteries,and other structures that have been unequivocally and conclusively identified are divided, clamped, and cut. In my experience as a medical malpractice lawyer in St Louis Missouri, this would prevent most serious complications, injuries, and deaths related to gallbladder removals / lap cholis.

It is well known in the medical community that it is fairly common that different patients arterial and ductal anatomy will vary, and thus a doctor cannot "shoot from the hip" and do a simple quick dissection and cut the first duct that appears to by the cystic duct. It is medical malpractice when this approach leads to the cutting or serious injury of the common bile duct or hepatic artery, which can lead to the wrongful death or serious personal injury of the patient.

Currently our St Louis Personal Injury / Medical Malpractice Law Office is handling Gallbladder Removal Malpractice and Wrongful Death Cases - If you need a Personal Injury Lawyer in St Louis Missouri please call Personal Injury Lawyer Ben Sansone (314) 726-1817.

Quick Appeal Bond Guide

July 15, 2010, by Benjamin J. Sansone

Before you consider appealing a court decision, you should know about appeal bonds. They exist as a deterrent to frivolous appeals. As a type of surety bond, an appeal bond requires the party filing the appeal to pay the cost of the original judgment—if the appeal fails—and costs of appealing the ruling.

Essentially, surety bonds are three-party agreements between a surety company, a principal (the entity doing the work) and the obligee (the entity requiring the bond). Surety bonds help ensure that all applicable laws and regulations are followed, and act as a way to seek economic redress for those harmed.

Since both plaintiffs and defendants can appeal a decision, any party may be subject to purchasing a bond required for an appeal. Surety and insurance companies sell surety bonds in Missouri, and act as third parties between the court and appealing party. Most importantly, they guarantee that the court will be paid for the original judgment if the appeal fails. The cost depends on the first ruling of the court, and likely will cost the amount from that ruling plus interest and court costs.

Appeal bonds also protect the legal system in another way. When a party cannot pay a court-ordered sum, filing for an appeal gives them time. But filing an appeal that is time consuming but sure to be unsuccessful loses its luster thanks to appeal bonds. With the added cost of appealing and the original judgment fees, appeal bonds keep defendants and plaintiffs from filing useless appeals.

For example, when a defendant in a personal injury law case loses the judgment and owes a large sum to the plaintiff, they might consider filing an appeal simply to postpone paying the court-ordered amount. To file the appeal, the defendant must buy an appeal bond from surety. If the appeal is unsuccessful, the defendant must then pay the sum defined by the first proceeding and additional fees for the filing an appeal.

The party for whom the court ruled in favor gets a cushion from appeal bonds, too. If a losing party goes bankrupt during the appeals process—and therefore cannot pay its legal debts—the appeal bond ensures recompense to the winning party. If the defendant goes belly up while the court considers the appeal, the plaintiff still receives its payment as mandated by the appeal bond.
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GUEST AUTHOR: Matt Bruns - matthew@suretybonds.com

Motorcycle Injuries on the Rise: Causes, Prevention, and Resolution

July 1, 2010, by Benjamin J. Sansone

Have you ever heard that you’re more likely to be involved in a car accident than in a plane crash? If you have, you’re not alone. It seems to be common knowledge that driving a car is risky business. However, as awareness of the dangers of driving has increased, important steps have been taken to reduce those dangers. As a result, fatality and injury rates have improved substantially, helping the automobile industry to rehabilitate its safety image. With cars on the road to causing fewer injuries, another personal injury issue is on the rise: motorcycle accidents.

Causes of Recent Increases in Motorcycle Injury Frequency

According to the U.S. Department of Transportation, motorcycle accidents accounted for 13% of all traffic fatalities in 2007, and over 36,000 motorcyclists were killed between 1998 and 2007. Between 2000 and 2010, the percentage of traffic fatalities resulting from motorcycle accidents has risen by 123%. This drastic change can be explained by several factors:

• Increased popularity and purchase of motorcycles
• Heavier traffic in urban areas due to population increase
• Riding a motorcycle without DMV endorsement
• Drinking and riding
• More warm (motorcycle-friendly) weather throughout the year.

Prevention of Motorcycle-Related Injuries

Like car accidents, motorcycle injuries and fatalities can be prevented when riders make the effort to adhere to some simple safety principles. Motorcycle riders can:

• Be conspicuous with clothing and reflectors on bikes
• Ride defensively by keeping an eye out for potential risks posed by other vehicles
• Keep alcohol out of the equation
• Avoid speeding and exercise extra caution on undivided highways.

Since over half of motorcycle fatalities involve passenger vehicles, the general population of automobile drivers should also take responsibility for the rise in motorcycle injuries. It’s easy to brush off motorcycles because of their relatively small size, but they do share the road with passenger vehicles and must be treated as such. Motorists can help prevent motorcycle personal injuries by watching for motorcycles and by actively recognizing them as motor vehicles.

Steps to Resolution of Motorcycle Injury Issues

If you’re a motorcycle rider and have been unfortunately involved in an accident, there is help available to you. Many personal injury attorneys, including St Louis Injury Lawyer, Ben Sansone, have substantial experience with a variety of cases, including motorcycle accidents.

The U.S. government is also taking steps toward resolving the motorcycle injury issue, as reflected in Department of Transportation Action Plan to Reduce Motorcycle Fatalities, released in October of 2007. This plan introduces new national safety and training standards, measures to prevent counterfeit helmet labeling, a focus on motorcycle-specific road improvements, training for law enforcement officers to help them spot unsafe riders, and a broader public awareness campaign on motorcycle safety.

The government’s decision to address the increasingly urgent motorcycle injury issue with practical measures is a growing source of support for individual motorcycle riders. Causes of these injuries are being used to create prevention solutions with an ultimate goal of resolution.

Bio: Alexis Bonari is a freelance writer and blog junkie. She is currently a resident blogger at onlinedegrees.org, researching areas of online degree programs. In her spare time, she enjoys square-foot gardening, swimming, and avoiding her laptop.