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Connecticut Personal Injury Law Blog

Can a pre-existing condition affect a medical malpractice claim?

Whether due to a misdiagnosis, surgical error, prescription drug error or more, suffering medical malpractice can be terrifying. However, if you had a pre-existing condition prior to the negligent incident, can you still pursue a claim alleging malpractice?

A pre-existing condition should not deter Connecticut patients from holding their doctor, physician, surgeon, nurse or more accountable. In many cases, the medical professional, rather than your condition, is still responsible for the actions that resulted in further harm to you.

What is the attractive nuisance doctrine?

You do your best to try and make your children aware of the many dangers that they can encounter both inside and outside of your home in Connecticut. Yet while you can control and restrict their access to those dangerous elements inside your home, you have control over what they may come across outside. You know that there are plenty of attractions that, despite your warnings, your kids may be naturally drawn to. Your hope is the owners of the properties on which those attractions are found are mindful of their effect on children, and thus take steps to protect kids from them. 

Yet is that expectation enforced by the law? The legal principle of the attractive nuisance doctrine places the responsibility on property owners to protect children from artificial features found on their lands. This responsibility comes from the understanding that young children will often not appreciate the dangers that an attractive nuisance poses. The original attractive nuisances were railroad turntables; indeed, the doctrine was initially known as "the turntable doctrine" until its definition was expanded to include other potentially dangerous features such as: 

  • Swimming pools
  • Canals and fountains
  • Abandoned buildings
  • Junkyards

Ten people taken to hospital after bus crash

For residents in Connecticut with children or disabled relatives, bus services can be an essential way of helping transport family members. It is logical for parents or others to expect that drivers of these buses make safety a priority at all times. Unfortunately, there may be situations when these buses end up in accidents that put occupants at risk of injury or even death.

An example of this can be seen in a recent crash that occurred in Greenwich, Connecticut. The incident involved a bus transporting disabled adults and a school bus. According to a report made by ABC7 New York, there were no children or other passengers on the school bus at the time of the accident. The driver was the only person on board when the crash happened.

Medical error prosecution: helpful or harmful?

When it comes to patient safety, most people in Connecticut might agree that every patient deserves to receive the highest quality of medical care possible. People also recognize that medical professionals are human beings which makes them naturally prone to making mistakes. When a doctor, nurse or other health care professional does make an error, it is reasonable for the patient or their family members to investigate their compensation and justice options.

A medical malpractice lawsuit is an action taken in civil court. In most cases, financial compensation may be sought to reimburse a plaintiff or to compensate a person in the form of a damage award. A report by National Public Radio casts a spotlight on a case that took place at Vanderbilt University Medical Center in which a nurse today faces criminal charges after the death of a patient.

Bicycle accidents frequently cause injuries to children

For many Connecticut children, riding a bicycle may be a frequent activity in the warm summer months. While bicycling often promotes physical fitness and independence, there may be risks as well. Bicycle accidents frequently cause injuries, and these may consist of anything from minor cuts and scrapes to serious traumatic brain injuries.

A CBS News report indicates that from 2006 to 2015, 2.2 million children between 5 and 17 years old received treatment in emergency rooms for bicycle-related injuries. That means there were approximately 25 cases every hour. Children from age 10 to age 14 accounted for almost half of the reported injuries. Over 10% of the total number of incidents were traumatic brain injuries, a sign that many children were not wearing helmets.

Your injury could be more than it seems at first

Sometimes injuries are more complicated than they seem. At Kennedy Johnson Schwab & Roberge LLC., we are here to provide Connecticut workers with the clarity to make the most beneficial decisions about their accidents on the job.

If you have ever been injured while working in Connecticut, then you are probably acquainted with the workers’ compensation system. This is often one of the best ways for you to receive payment for the work you have missed and to be reimbursed for the medical expenses you incur. However, there could be parties that are liable for your injury other than your employer.

Staying safe as a pedestrian as summer approaches

Last year, a study released by the Insurance Institute for Highway Safety revealed that pedestrian deaths across Connecticut had increased at an alarming rate. According to research released at the end of 2018, pedestrian deaths from motor vehicle accidents have slightly decreased across the state. However, pedestrian safety remains a critical issue both across the state and the country as pedestrians face constant risks on the roads.

A fatal year for pedestrians

How to spot the signs of road rage

If you have ever driven aggressively while navigating the Connecticut roadways, you are not alone. In fact, approximately 80 percent of American drivers say that they have, at some point, engaged in such driving behaviors, according to AAA. Not surprisingly, aggressive driving habits were involved in at least 56 percent of deadly car accidents throughout the country. Whether you are stuck in traffic while on your way to an important meeting or you are late to work, it is crucial to know how to spot the signs of road rage so that you may be able to avoid a catastrophic accident.

There are several dangerous driving behaviors that can be used to identify someone with road rage. These include the following:

  •          Constant horn honking, yelling expletives and using obscene gestures
  •          Swerving in and out of lanes and blocking other cars
  •          Tailgating, or driving too closely behind another car
  •          Failing to yield to traffic signs, pedestrian crosswalks or other drivers’ right of way
  •          Speeding or racing other vehicles

Dog breeds and aggressiveness

Many people in Connecticut have dogs as pets and find their companionship to be a very positive part of their lives. Many dog owners consider the animals almost more like family members than pets in some situations. However, this does not negate the reality that dogs can be a danger to humans. Some of this might be more likely given the breed of the dog but there is also the owner responsibility factor to consider as well.

Regardless of how a person treats a dog, Forbes notes that one study highlighted a particular concern with pit bulls, commonly identified as a breed with which to be concerned about human safety. While these dogs account for only 6.5 percent of all dogs in the United States, they were involved in two-thirds of the dog attack fatalities over the course of the 13 years spanning 2005 to 2017. A total of 284 people were killed by pit bulls in that timeframe.

What are the lasting effects of a workplace injury?

After a workplace injury in Connecticut, you may focus mainly on getting better and healing in the short term. The workers' compensation system also has this focus. There is not a lot of thought that goes into long-term effects of an injury beyond the physical healing. However, you may experience long-term effects even after you have healed physically and can return to work.

According to the Laborers' Health and Safety Fund of North America, you may suffer from physical pain or have emotional and financial issues long after you are considered healed from a workplace injury. This can take a huge toll on your family and your life.

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