Responsibility for Medical Misdiagnosis

Who is responsible for medical misdiagnosis, the insurance company or medical health professionals?

Finding out who is responsible for a case of medical misdiagnosis is not easy. It's a complex area of the law and medical negligence is also fairly difficult to prove without a whole host of expert witnesses, medical charts, test results, and the like. This isn't to say that medical misdiagnosis cases are unusual; they are, however, cases that take a long time to wind their way through the courts.

While most physicians do take the time to look after their patients, assuming the responsibility of a highly trained professional, medical misdiagnosis is far more common than society would care to admit. "Any time there is medical negligence someone suffers," said Bradley J. Hofland, a Las Vegas personal injury attorney with Hofland, Beasley & Galliher.

By legal standards, there are usually two fairly common oversights that happen virtually daily in the medical arena – the misdiagnosis of a patient's condition or the failure to diagnose a problem. "Statistics exist indicating that roughly 40% of all med mal lawsuits in the U.S. resulted from a physician's failure to diagnose a patient in time," added Hofland.

Misdiagnosis is an interesting area of med mal, as a patient who is diagnosed with the wrong condition or illness may end up suffering from a variety of very unpleasant symptoms. The major problem, however, is not being treated correctly, or not getting treatment for the real medical condition. What this means is in a situation where "time is of the essence," and a disease such as cancer is not diagnosed soon enough, the patient suffers and may not get the treatment they need in time.

"The other area of concern is options for treatment and the choice of medications for a person may be totally incorrect if the disease is misdiagnosed, which means the disease may be exacerbated in a negative way," commented Las Vegas personal injury attorney Bradley J. Hofland. These cases are extremely difficult for the person who suffered through a medical misdiagnosis or a failure to diagnose a problem.

There are many cases that also deal with the failure of doctors to even diagnose a disease, which again, would be very devastating for the patient who may receive no help for their illness. Of course, the illness will worsen over time, possibly to the point where it is no longer treatable.

The other interesting part about medical misdiagnosis is that doctors are not always the only people responsible for failure to diagnose cases. The fact is that insurance companies have, at times, done patients a serious wrong (through their policies/practices) by making it difficult for them to receive timely medical intervention. "It's not too much of a stretch to say that in some instances delays on the insurance end means the difference between life and death," added Hofland.

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The Car Accident Was Minor but the Injuries Weren't

Just because you have what you think are minor injuries as the result of a car accident, don't assume. It may be the biggest mistake you will ever make.

Assuming that the injuries received as the result of a car accident are minor is a mistake many people have made in the past, and they have wound up paying for that error. "Just because an injury seems to be relatively minor, does not mean that it is," said Bradley J. Hofland, a Las Vegas personal injury attorney with Hofland, Beasley & Galliher. No one but qualified medical personnel are able to assess the extent of personal injuries, and sometimes they can't tell accurately either.

The classic case that comes to mind when assessing personal injuries and their severity, is the skiing accident of Natasha Richardson. Her fall didn't seem to have harmed her, until it was later determined she died of traumatic brain injury. In cases like this, and in other instances, what you see may not be what you get. Always err on the side of caution and speak with a doctor and make detailed notes about the accident, your injuries and how you feel.

Make it a point to contact an attorney who has extensive experience in dealing with car crash victims. Being an accident victim is traumatic in more ways than one. While many people are just thankful to be alive, this is not all that people should be settling for. Mental, physical and financial trauma may be the foundation for a personal injury lawsuit, which is why a crash survivor needs to contact competent counsel such as Bradley J. Hofland, a Las Vegas personal injury attorney with Hofland, Beasley & Galliher.

Hofland is an expert in assisting his clients to understand their legal rights and outlining the damages that may be awarded in various cases. Hofland knows that in Las Vegas, traffic is a major hassle and that accident rates are fairly high, given the roadway congestion. Drivers are not always as careful or considerate as they should be and this tends to result in accidents.

Being involved in a car crash means contacting a personal injury attorney such as Hofland, who will ascertain the cause of the crash – negligence, aggressive driving, distractions, drunk driving, etc. - and will go to work for clients to make sure they get justice. "We value all of our clients and make it a point to sit down with them when they contact us and go through their case in great detail, making sure we are able to help them," added Las Vegas personal injury lawyer Bradley J. Hofland.

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Big Rig Deaths on the Rise

It's unfortunate that the big rig crash death toll is slowly rising over the years. The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) estimates more than 750 people die each year.

The death toll from big rig crashes isn't the only set of numbers that people need to be more aware of when driving with the big boys on the highways. More than 20,000 people are badly injured every year by having a major dust up with commercial truck drivers. In situations where car meets truck, it's the truck that will come out ahead in just about every case.

What are the reasons for the rising accident rates? A large number of 18-wheeler drivers are driving while dead tired. They have hundreds of miles to drive and the salary for trucking isn't princely to begin with, prompting many of them to drive more hours for more money. Combine this dash for cash with tight delivery deadlines, and a recipe for disaster is in the making.

Nodding off will cause a rig to drift into other lanes, and when the driver is not totally alert, it may also cause improper down braking, jack knifing and rollovers. Inattention and lack of sleep are two partners that stalk the highways as the perpetual companions of long-haul drivers. Rig drivers are also dying in many of the accidents they caused. Death seems like a high price to pay for not paying attention or not getting enough sleep, and the death of others as a consequence is even worse.

Even though it is a legal requirement to keep logbooks on the number of hours truckers' drive, they are not always accurate. In fact, some truckers keep a double set of books showing the legal time limits and another showing the actual hours behind the wheel. If the true logbook is found after a crash, that in combination with an electronic on-board recorder (if there is one present), will help reconstruct events prior to a crash.

The difficult thing about 18-wheeler crashes is the various overlapping laws and regulations - a total nightmare when trying to file a personal injury lawsuit or wrongful death suit. Make sure you contact an attorney who has a track record in dealing with big rig crashes, one who has the ability to get to the heart of the matter quickly and obtain justice.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about Las vegas divorce, las vegas personal injury, las vegas divorce lawyer, las vegas family law, las vegas family law attorneys, las vegas personal injury lawyer , visit Hoflandlaw.com.

Brain Injuries or Death on a Motorcycle

When a biker hits the dirt, one of two things tends to happen – severe brain injuries or death.

Statistics across the nation are showing an increase in the number of motorcycle accidents that result in personal injuries such as broken shoulders, broken or crushed bones, soft tissue damage and brain damage – often called Traumatic Brain Injury or TBI. The facts are that the National Highway Traffic Administration reports over 38,000 deaths as a result of motorcycle crashes between 1976 and 1999. One may only conclude, and rightfully so, that the numbers have not gone down in the intervening years.

Why are the bike crash rates so high? There are a number of reasons, and they may include unsafe road surfaces, particularly rural roads, difficulties seeing properly, undivided roads, being under the influence of alcohol or drugs, reckless driving, and night driving. Interestingly enough, close to 60% of the motorcycle fatalities happened during the night. You might also notice that weather doesn't seem to affect the statistics all that much.

Other reasons often cited for motorcycle accidents have to do with defective parts, poor manufacturing and poor quality aftermarket parts. If any part on a motorcycle is out of whack, poorly installed, improperly maintained or is defective (cracked, chipped, bent, etc.) then this will affect the overall ride. Just one part that vibrates that is not supposed to will make the bike hard to control, and at highway speeds, this may be the kiss of death.

Motorcycle accidents have been likened to trying to ride a bucking bull at the local rodeo – where she stops nobody knows. Indeed, when a bike does stop after the rider has lost control of it, head injuries are often a catastrophic side effect. It doesn't help that many riders eschew the use of helmets and/or don't think they need to have a proper driver's license to operate a motorbike.

Licensing is such a major concern because roadside deaths involving bikers show that one out of every five bike riders wasn't properly licensed – meaning they did not have the right experience to properly handle such a deadly weapon. Nor did the riders involved in accidents have the proper safety gear.

If you have been in a motorcycle accident and survived, speak to a motorcycle injury attorney about filing a personal injury lawsuit. If members of a family who lost a loved one due to a bike crash want to file a wrongful death suit, contact a highly skilled attorney to explain the options for ensuring justice.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about Las vegas divorce, las vegas personal injury, las vegas divorce lawyer, las vegas family law, las vegas family law attorneys, las vegas personal injury lawyer , visit Hoflandlaw.com.

Grandparents Rights Are Enshrined in Law

Divorce and separation, aside from raising some very difficult issues, also creates problems when it comes to grandparents visiting and caring for their grandchildren.

It's a well-known fact that kids love their Grandpa or Grandma and love spending time with them. Unfortunately, if there is a divorce, separation or death in the family, this causes some very real problems for the grandparents. They often find themselves without a legal leg to stand on when it comes to seeing and caring for their grandkids. Thankfully, all 50 states have laws and statutes that allow grandparents to visit.

In part, the reason legislators got behind this issue is that grandparents are also the last resort for children in need of protection and a place to call home. It isn't unusual to see grandparents taking on the reprisal role of "parent" in the absence of the legal parents, either due to death, divorce, drug or alcohol issues, or absenteeism due to work.

In fact, the U.S. Supreme Court handed down a decision in 2000 that indicated, in brief, that parents cannot limit the visits of grandparents. Grandparents also have the enshrined right to visit the kids no matter where they live, thanks to the Visitation Rights Enforcement Act of 1998.

There is a bit of a process to go through to get these visitation rights. If grandparents want legal permission, they need to petition the Superior Court of their state. Factors looked at prior to granting permission for visitation include: the nature of the relationship between the child and grandparent, the applicant's mental and physical records, and the preference of the child. The overriding consideration is if the grandparent's visit would be a benefit to the child or not.

The days when grandparents had no idea whether or not they could see their grandkids anymore are at an end. The courts these days have a major focus on doing what is best for the children and that includes considering the grandparents in the equation. This is even more crucial as the divorce rate keeps soaring.

Knowing your legal rights as a grandparent is important if you find yourself in the middle of a custody battle and you need to take over to ensure the child(ren) have a caring, nurturing place to stay. To find out what your legal rights as a grandparent are, talk to a competent family law attorney. It never hurts to be prepared for the future.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Prenuptial Agreements Are Smart

Marriage is a dream for many, a time full of hope for the future. Unfortunately, not a lot of people consider taking the precaution of signing a prenuptial agreement.

It's exciting getting married to the one you love and want to spend the rest of your life with. Your future is bright and your partnership will be solid. Or will it? While the "idea" of a happily ever after story sounds enticing, the statistics rarely back this myth up. The most frequently seen "marriage gone bad" quote is the one dealing with figures that show about half of all the marriages in the U.S. (and other countries) will terminate in divorce.

While marriage at one time literally meant, "until death do you part," such is not the case today. Marriage in the 21st century is an interesting blend of factors that make up the marital contract, factors that include the emotional, social and economic aspects of a relationship. It's a complex mixture and definitely not as straightforward as we'd like it to be. Many couples find out how difficult things get once the marriage starts falling apart and they discover what they assumed at first is not what actually happens economically speaking when divorce is in the air.

They should have signed a prenuptial. While this may be easy to say, many engaged couples find this difficult to do, because they consider a prenuptial to be a self-fulfilling prophecy of a doomed marriage. While it's true that a prenuptial doesn't rank right up there as being a romantic thing to do, it could make a world of difference later. In plain English, the benefits of a prenuptial agreement far outweigh its negative aspects.

Many engaged couples argue that signing a prenuptial agreement shows they don't trust one another. While that may be true, it also shows that a trusting couple with a solid relationship has no fears about dealing with their issues in the form of an agreement. It's often better to discuss explosive issues about money, property, etc. before getting married, otherwise one or both partners may feel pressured. Resolving things early actually removes, in advance, any possible glitches during the marriage or in the event of a divorce.

The biggest benefit of signing a prenuptial is that it cuts down the amount of time and money spent in case when there is a divorce proceeding. This isn't to say that there will be a divorce, it is rather to indicate that it is smart to have contingency plans in place – just in case. No prenuptial may mean a long, protracted divorce battle, and long and protracted usually translates into "expensive."

If you happen to be considering marriage and have property or wish to protect your personal financial situation, make it a point to contact a skilled prenuptial agreement attorney. Get all your questions answered now, not later when it may be too late. Knowing your rights before something hits the fan is in your own best interest.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Product Liability Litigation - Actonel

Amazingly, Actonel and similar drugs, are still on the market for treating postmenopausal osteoporosis (bone loss). Actonel and its cousins cause Dead Jaw, a.k.a. osteonecrosis of the jaw. Avoid tooth extractions or other major dental work if taking these drugs.

Actonel, otherwise known as Risedronate Sodium, is made by Proctor & Gamble (the world renowned soap manufacturer) and was approved for use in the U.S. by the Food and Drug Administration (FDA) in 1998. Actonel is a member in a class of drugs called bisphosphonates, and these are found in, among other things, laundry detergent. Aredia, Zometa and Fosamax all belong in the same group and have similar side effects.

Undeniably this particular drug is so overwhelmingly popular that an estimated 36 million women use it to prevent or slow down the process of osteoporosis. The reason the numbers are as high as they are, is due to the fact that hormone replacement therapy was yanked off the market when it increased the risk of heart disease and breast cancer. This means younger women are taking Actonel and other bisphosphonates.

Actonel's action increases the amount of bone available to the body by slowing down the replacement of old bone. The problem with the science behind that is the body is unable to replace poor quality bone that may have fractures or doesn't have healthy living bone cells left. No one really knew about the connection between taking these drugs and Dead Jaw until 2004 when the Journal of Oral and Maxillofacial Surgeons pointed out the connection

Osteonecrosis of the jaw means tissue doesn't heal after a tooth extraction leaving the jaw bone exposed and open to infections and possible fracture. This may lead to surgical removal of the dying bone tissue or long-term usage of antibiotics. Despite this very real concern, this drug is still one of the most popular osteoporosis drugs on the market.

There are hundreds of people across the U.S. who have been taking Actonel, etc. who should be speaking to a highly qualified attorney for an assessment of their claim. If taking this drug is a new addition in your health management, speak to a lawyer about the possibility of filing a lawsuit.

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Child Abduction Cases

Dealing with child abduction cases is one of the hardest areas of the law to handle due to the volatile issues involved. The underlying question in all these scenarios tends to be the one that asks how it is possible to keep children safe and avoid them being abducted in the first place.

Keeping children safe is no easy task these days. The world is a stranger place than it used to be when we were growing up as kids. Gone are the old safe neighborhoods where no one locked their doors or cars, when kids rode their bikes all over the place and knew everyone. Today strangers are the biggest potential threat for children. "However, having said that, there is a fine line between being paranoid of strangers and learning how to interact safely with others," said Bradley J. Hofland of Hofland, Beasley and Galliher, Las Vegas, Nevada.

We live in neighborhoods where we don't even see who lives next door any longer, nor do we know what they do. We don't have those neighborly chats across the back fence anymore as people are too busy and on the go. Our children don't get the opportunity to know the neighbors either and be able to distinguish who belongs in the area and who does not.

"Child abduction statistics indicate that roughly 58,000 kids are taken by non-family members every year, with most of the children returned safely within 24-hours," indicated Hofland. While a heartening outcome, it raises the very real specter of the "boogieman" in the neighborhood, not to mention wondering how many children are taken by family members and not returned home due to jurisdictional issues. Know your rights in cases of child abduction by consulting a highly skilled attorney in this area such as Bradley J. Hofland of Hofland, Beasley and Galliher, Las Vegas, Nevada.

All parents take precautions to protect their little ones. It's simply the smart thing to do. Careful, thoughtful guidance about what to watch out for and how to handle themselves is better than scaring the kids with horror stories of what could happen to them if they don't follow the rules about talking to strangers.

If a parent is facing a child abduction situation, immediately contact Bradley J. Hofland of Hofland, Beasley and Galliher, of Las Vegas, Nevada, and make an appointment to discuss the legal issues involved. Even if the child was taught to not speak with strangers, take candy from people they don't know, or to go anywhere with someone they don't know, things happen. Hofland, Beasley and Galliher have a solid reputation handling abduction cases by family members.

To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.