South Carolina Personal Injury Law Blog
In February GM issued a massive recall of more than 2.6 million cars on models where it was suspected that faulty ignition switches were automatically turning off and preventing airbags from deploying. GM has known of the problem for over a decade and failed to take action until after 13 deaths occurred. In 2005 a Maryland woman died when her 2005 Chevrolet Cobalt crashed into a tree after an ignition switch shut down her car’s electrical system and the airbags failed to deploy. In 2012, GM identified four crashes and four corresponding fatlities (all involving 2004 Saturn Ions) along with six other injuries from four other crashes attributable to the defect. Congress is now investigating the long delay and silence by GM regarding the defect. iF YOU OR A FAMILY MEMBER BELIEVE YOU HAVE SUFFERED INJURIES IN A GM PRODUCT DUE TO A FAULTY IGNITION SWITCH OR AIRBAG FAILURE, WE CAN HELP. CALL PATRICK E. KNIE LAW OFFICES FOR A FREE CONSULTATION AT 1-866-665-4995.
Mill workers settle lawsuits after chemical explosion
If you suffer a work-related injury or illness, then you have the right to appropriate medical treatment that should be covered by your employer’s workers’ compensation carrier. However, you could be entitled to additional compensation if the accident was caused by a third party’s negligence, such as with a dangerous or defective product.
With that in mind, readers in Spartanburg may recall a tragic work accident that occurred in 2012 at a York County paper mill. Three workers suffered burn injuries at the Resolute Forest Products facility when a valve failed and sprayed the men with sodium sulfide and sodium hydroxide — a solution otherwise known as “white liquor.”
Son sues nursing home after mother subjected to male dancer
A nursing home’s responsibility to provide appropriate care to residents goes beyond administering medications and protecting the residents from injuries. Nursing home abuse can take many forms, including verbal and psychological abuse.
Readers in South Carolina may have seen disturbing headlines about a woman’s experience at a nursing home in New York. According to reports, a male dancer was hired to perform in front of elderly residents, and now the family of an 86-year-old woman who suffers from dementia and Alzheimer’s disease is suing the facility.
Outpatient misdiagnoses more common than you might think
A group of researchers has finished a study that comes to an unsettling conclusion about outpatient medical care: misdiagnosis is widely underreported and surprisingly common.
Much is said about diagnostic errors in hospitals, that is, in facilities that provide inpatient care. However, there is a great dearth of information about misdiagnoses by small-practice doctors and clinics. Looking at three previous studies, researchers at Baylor College of Medicine found that one in 20 — or 12 million U.S. adults — are misdiagnosed at medical clinics and doctors’ offices each year.
Greenville distracted driving ordinance goes into effect April 1
In terms of statewide laws, only three states have not yet placed restrictions on cell phone use while driving. South Carolina is one of those states. However, on April 1, a distracted driving ordinance will go into effect in the city of Greenville. In particular, the ordinance bans the use of handheld mobile phones while driving.
Initially, city officials considered a narrower ban on texting while driving, but statistics from other cities and states ultimately convinced the City Council to vote unanimously in favor of extending the ban to include all handheld devices. A ban on texting alone would have also posed enforcement difficulties for police.
Studies: Doctor errors, not system flaws, cause most deaths
Since 1999, hospitals throughout the United States have made well-intentioned efforts to adopt systems meant to prevent hospital errors. However, studies have shown that the widespread use of systematized medicine, by which hospitals use checklists to follow established protocol, has not significantly reduced the number of preventable hospital deaths. In fact, it is estimated that at least 100,000 patients die each year as a result of medical errors.
So what can doctors, nurses and hospitals do to better protect the safety of patients?
GM Recalls 1.6 Million Cars for Ignition Switch Defect
After coming under increasing criticism and pressure GM finally folded under intense pressure and recalled 1.6 million vehicles for a defect in the ignition switch which caused vehicles to shut down while being driven. The recall included six models – all from between 2003 and 2007 model years – including the 2005 – 2007 Chevrolet Cobalts and Pontiac G5s; 2003-2007 Saturn Ions; 2006-2007 Chevrolet HHRs, and 2006-2007 Pontiac Solstice and 2007 Saturn Sky models. Thirteen deaths have been linked to the ignition switch defect. Congress is now investigating whether GM concealed its knowledge on the defect. U.S. Rep. Henry Waxman was quoted as saying “the committee will examine whether GM knowingly allowed faulty and dangerous cars to remain on the road.” The Justice Department is also investigating whether GM broke any laws with its slow response to the problem. IF YOU BELIEVE YOU OR A LOVED YOU HAS SUFFERED HARM FROM A DEFECTIVE GM IGNITION SWITCH, WE CAN HELP. CALL PATRICK E. KNIE LAW OFFICES AT 1-866-665-4995 FOR A FREE CONSULTATION.
Blow the Whistle on Medicare or Medicaid Fraud
A federal law gives protection to those employees of hospitals, doctor’s offices and others who blow the whistle on those who are defrauding Medicare and Medicaid. While other private citizens can also blow the whistle, over 70% of all claims come from employees within the healthcare system. $35 billion has been recovered since 1987 when the law was toughened. The “False Claims Act” makes it unlawful to “knowing present or cause to be presented a false claim for payment or approval.” The False Claims Act (FCA) allows private individuals to bring actions to expose these offenders and, if successful the whistleblower can receive !5-30% of any amount recovered. Whistleblowers have received as much as several million dollars for helping to disclose dishonest healthcare providers. If a whisltle blower is retaliated against by an employer, the whistleblower can receive, in addition to his or her award, double damages plus attorney fees. IF YOU HAVE KNOWLEDGE THAT A HOSPITAL, DOCTOR, PHARMACEUTICAL COMPANY OR MEDICAL DEVISE COMPANY IS OVERCHARGING, CONTACT PATRICK E. KNIE LAW OFFICES AT 1-866-665-4995 AND LET US HELP.
Gaffney woman killed in hit and run near assisted living facility
Residents of assisted living facilities are generally allowed to come and go as they please. They may be asked to sign in and out so that staff members are aware of the residents’ whereabouts, but assisted living facilities typically offer residents more mobility than would a nursing home. However, depending on the circumstances of a particular case, negligence on the part of facility staff could still factor into why a resident suffered injuries.
In the wake of a fatal hit-and-run accident, the family members of a Gaffney woman are looking for answers as to why their loved one was taken from them. The 46-year-old woman was reportedly hit by a pickup truck as she walked on the road near the assisted living facility where she resided.
Mishandling of case may have resulted in loss of workers’ comp
As readers of our blog know, employees have the right to seek workers’ compensation benefits if they suffer a work-related injury. But as many may not know, certain laws can conflict with this right and cause a person to lose access to their benefits. While a lawyer is often considered responsible for telling their client about these potential problems, a case in Charleston is showing that this doesn’t always happen and what issues this can create.
Originally, a class action lawsuit had been filed on behalf of South Carolina residents who had suffered work-related injuries due to asbestos exposure during the course of their employment. The class action was expected to cover some 14,900 people and was supposed to seek damages for the plaintiffs. But a group of South Carolinians say that instead of getting adequate compensation, their lawyers mishandled their case and made it so that they can no longer collect workers’ compensation benefits.