Premises Liability aka Slip and Fall
01/27/12 06:23 Filed in: Premises Liability
Slip, trip and falls cause a huge amount of harm to society at large in the form of lost working hours, increased costs to medical insurance, lost household services and reduced productivity. According to the Federal Bureau of Labor Statistics, well over 200,000 people are injured every at work as a result of a slip, trip or fall. Additionally, data from the CDC indicate that injury due to a slip, trip or fall resulted in over 7 million emergency room visits and a combined cost of medical and wage lost costs in excess of $31,000,000 dollars.
Aside from the pure economic losses, a slip and fall injury also imposes a good deal of pain, suffering, humiliation and loss of self esteem on the victim.
Utah’s varying climate can create hazards such as snow and ice which increase the likelihood that a fall will occur and the severity of the injuries. Unfortunately, many of these falls and injuries could be prevented simply through common sense maintenance and elimination of safety hazards. Oftentimes, the slip and fall is caused by poor construction which does not comply with building codes or ADA requirements, poor maintenance of sidewalks or other common areas or inadequate safety rails or handrails. Adding insult to injury, the insurers for property usually refuse to pay for even the medical expenses which arise because of the property owner’s negligence. Ultimately, many people injured by poorly maintained or constructed public areas are forced to file a lawsuit.
Our firm has handled many slip and fall injury claims and we recognize the embarrassment and sense of frustration that victims experience, including the need to bring a lawsuit for what should obviously be taken care of by the store or property owner. If you feel somewhat shy about contacting lawyer for help with a slip and fall injury, you are not alone. Almost everyone who contacts us always says “I’m not the type to sue.” The truth is that most people do not like to file a lawsuit. But, in slip and fall cases, it is highly unlikely that the insurance company will pay anything on your claim without the help of a lawyer.
Aside from the pure economic losses, a slip and fall injury also imposes a good deal of pain, suffering, humiliation and loss of self esteem on the victim.
Utah’s varying climate can create hazards such as snow and ice which increase the likelihood that a fall will occur and the severity of the injuries. Unfortunately, many of these falls and injuries could be prevented simply through common sense maintenance and elimination of safety hazards. Oftentimes, the slip and fall is caused by poor construction which does not comply with building codes or ADA requirements, poor maintenance of sidewalks or other common areas or inadequate safety rails or handrails. Adding insult to injury, the insurers for property usually refuse to pay for even the medical expenses which arise because of the property owner’s negligence. Ultimately, many people injured by poorly maintained or constructed public areas are forced to file a lawsuit.
Our firm has handled many slip and fall injury claims and we recognize the embarrassment and sense of frustration that victims experience, including the need to bring a lawsuit for what should obviously be taken care of by the store or property owner. If you feel somewhat shy about contacting lawyer for help with a slip and fall injury, you are not alone. Almost everyone who contacts us always says “I’m not the type to sue.” The truth is that most people do not like to file a lawsuit. But, in slip and fall cases, it is highly unlikely that the insurance company will pay anything on your claim without the help of a lawyer.
Wahlquist Departure
10/06/11 10:07
Effective October 10, 2011 Todd Wahlquist is no longer with our firm. Todd has accepted a position with the Utah State Bar Office of Professional Conduct. Todd's long time dedication to helping people injured by medical negligence led him to become a well recognized and well respected attorney in Utah's medical malpractice area. Over the years he worked hard to get justice and a fair result in cases ranging from catastrophically injured newborns, to the elderly harmed by an uncaring health care provider, hospital, or surgeon. Our office will continue to carry on the fight for those who need help resolving a medical malpractice dispute.
Advanced Care Health Directives
04/16/11 10:44 Filed in: Medical Malpractice
One thing you can do to help your family in the event you suffer a permanent injury due to negligence or medical malpractice is to make sure you have an advance care health directive in place. Often, the consequences of medical malpractice can you leave you in a comatose or persistent vegetative state. Or, a sudden traumatic event such as a car crash or accident can leave you unable to voice your opinions regarding your own healthcare.
Many people have very personal desires about how their healthcare should be handled under these difficult circumstances. Unfortunately, Mom might think that all life care measures should be given while Spouse thinks that only maintenance type measures, such as feeding tubes, should be maintained because that’s what her Husband told her. Don’t leave your family arguing over your hospital bed in addition to dealing with the grief of knowing that a loved one has been permanently incapacitated due to the negligence of a hospital, nurse or doctor.
Under Utah law, there is a very simple form that everyone should fill out ... RIGHT NOW. Waiting until a car crash or anesthesia overdose may be too late. There is a very simple form available online and approved by the Utah Department of Human Services. You can fill the form out online by going here or you can click this link to download a copy of the form. Once you have filled the form, give a copy to your loved ones, especially the person named to make a decision. No one wants to think about the worst thing that can happen. So, you shouldn’t force those you love to think about it or worse, argue over the decision because you didn’t take the time to fill out a simple form.
Many people have very personal desires about how their healthcare should be handled under these difficult circumstances. Unfortunately, Mom might think that all life care measures should be given while Spouse thinks that only maintenance type measures, such as feeding tubes, should be maintained because that’s what her Husband told her. Don’t leave your family arguing over your hospital bed in addition to dealing with the grief of knowing that a loved one has been permanently incapacitated due to the negligence of a hospital, nurse or doctor.
Under Utah law, there is a very simple form that everyone should fill out ... RIGHT NOW. Waiting until a car crash or anesthesia overdose may be too late. There is a very simple form available online and approved by the Utah Department of Human Services. You can fill the form out online by going here or you can click this link to download a copy of the form. Once you have filled the form, give a copy to your loved ones, especially the person named to make a decision. No one wants to think about the worst thing that can happen. So, you shouldn’t force those you love to think about it or worse, argue over the decision because you didn’t take the time to fill out a simple form.
But Will It Carry Malpractice Insurance?
03/23/11 11:40 Filed in: Medical Malpractice | Negligence
Recently a computer built by IBM beat two human contestants on the game show Jeopardy! The computer, named Watson, is now being tested to see if it can provide answers to medical questions as well. Modern medicine focuses on an ‘evidence’ based approach where the provider rules out illnesses and disease through a process known as a differential diagnosis. Sometimes, providers try to jump ahead in the absence of evidence. A provider might not run all the available tests or labs and then miss a crucial diagnosis which puts the patient’s life at risk. For example, an emergency room might assume that a patient is merely experiencing heart burn, when in fact they are suffering from early signs of a heart attack. Or, a doctor might jump to the conclusion that a patient is simply light headed and dizzy due to dehydration and miss the brain tumor because a test or scan wasn’t performed.
Watson, of course, wouldn’t make assumptions. Watson, however, might miss subtle clues provided by the patient or by a physical exam, clues which only another human might pick up on. The real question, then, is whether Watson would carry malpractice insurance to cover losses sustained when it makes a mistake resulting in a wrong or bad diagnosis.
Watson, of course, wouldn’t make assumptions. Watson, however, might miss subtle clues provided by the patient or by a physical exam, clues which only another human might pick up on. The real question, then, is whether Watson would carry malpractice insurance to cover losses sustained when it makes a mistake resulting in a wrong or bad diagnosis.
Your Health Advocate
Most medical malpractice occurs when the professionals drop the ball. Wrongful death or severe injuries occur because of miscommunication, misunderstanding and just plain mistakes by the healthcare providers. One step that can help reduce the likelihood you might fall victim to an error is to try and make sure you have an advocate at your side during treatment, especially while in the hospital. A spouse, close friend or relative can advocate for you while you are too medicated to do so for yourself. Ask someone to question the healthcare providers prior to any treatment. In particular, either you or your advocate should seek information such as:
If you nevertheless become an unfortunate victim of malpractice or medical mistake, don’t make the mistake of thinking that it will get better with time. There are strict time limits for wrongful death and medical malpractice claims. Get in touch with a lawyer immediately, because now you need a different kind of advocate.
- Why is the treatment/procedure/medication needed?
- What else could be causing the problem/disease/reaction?
- What other treatment is available?
- Tell providers to wash/sanitize their hands when they enter the room to prevent spread of infection. They most likely just came from seeing another patient who may have been carrying a disease that you don’t need or want.
- Before you leave, make sure you have very clear, specific written instructions in hand as well as what complications should trigger your return to the clinic/hospital and a phone number to call for any questions that might arise.
If you nevertheless become an unfortunate victim of malpractice or medical mistake, don’t make the mistake of thinking that it will get better with time. There are strict time limits for wrongful death and medical malpractice claims. Get in touch with a lawyer immediately, because now you need a different kind of advocate.
