Garmer & Prather, PLLC Attorneys At Law

Lexington Personal Injury Law Blog

You could become the victim of an improperly secured load

Like any other drivers here in Kentucky, truck drivers get distracted, fatigued and even impaired, but they still drive. When accidents occur, it is to these factors that you may attribute the crash.

This isn't always the case, though. Truck drivers can do everything right behind the wheel and still cause you injury. They and others are responsible for the proper securing of their loads. If one has not properly secured a load, it can shift or even fall off the truck. In either case, you could suffer injuries because of the carelessness and negligence of someone else.

Contact an attorney if you suspect medical malpractice

Nothing is guaranteed in medicine. Knowing that, how do you tell the difference between an ordinary bad outcome and medical malpractice?

Medical malpractice can occur under a variety of circumstances. It generally refers to mistakes that are made through a physician or medical provider's negligence, which simply means making a mistake that an ordinarily cautious doctor or nurse would not make. Some common forms of medical malpractice include:

  • Prescription errors
  • Wrong-site surgery
  • Wrong-patient surgery
  • Failure to obtain informed consent
  • Failing to diagnose a condition
  • Unnecessary delays in diagnosis
  • Transmitting an infection to a patient
  • Neglecting or injuring a patient

    Nursing homes now face financial penalties over patient care

    Medicare, the federal insurance program that provides payments to many skilled nursing homes, is now penalizing skilled care facilities when too many patients end up admitted to hospitals over and over again due to avoidable issues. Many people -- of all ages -- end up in skilled nursing care for a time after surgeries, accidents and illnesses.

    However, Medicare typically only fully covers 20 days of a patient's stay, after which other insurance programs like Medicaid gradually take over. Since the profit a facility makes on a patient decreases the longer the patient is there, facilities can be in a hurry to discharge patients in order to maximize the profit made on each bed.

    Kentucky court rules medical review panels unconstitutional

    On Nov. 15, 2018, the Supreme Court of Kentucky struck down the Medical Review Panel Act.

    The Act, which was pushed into place through partisan support in the legislature at the urging of groups like the Kentucky Association of Health Care Facilities and the Kentucky Medical Association, required plaintiffs who wished to pursue a medical malpractice suit against a doctor, hospital, nursing home or other health care provider to submit the case to a panel for review.

    Kentucky ends panel system for medical malpractice

    On November 15, the Kentucky Supreme Court struck a blow on behalf of victims of medical malpractice across the Commonwealth. The Court struck down a much-decried law that forced potential litigants to go through a lengthy and cumbersome review system by finding the law violated the Kentucky Constitution.

    Many malpractice and personal injury attorneys have been vocal against the 2017 law that set up the review panels for the very reason that the state's top court pointed out: It was a system that largely denied people free and equal access to the courts.

    The rising numbers of fatal trucking accidents

    No one wants to be involved in a truck accident, least of all a trucker. Unfortunately, industry demands and the pressure from employers to make deliveries on time -- despite all risks -- can push a truck driver to make poor decisions that put his or her life, and the lives of others, on the line.

    According to data collected through 2016, the most recent year available for study, fatal accidents involving trucks are on the rise. While fatalities involving big rigs have yet to reach the level they were in 2005 (when they were at an all-time high), they're still 29 percent higher than they were in 2009. If the trend continues, the number of fatalities may eventually exceed those 2005 levels.

    What's wrong with Kentucky's nursing homes?

    The nursing homes in Kentucky have problems -- and advocates for residents say that no one in the government is doing anything to fix them.

    Federal law is somewhat vague about the staffing requirements for nursing homes, leaving it mostly up to the states to pass legislation that is more specific. Kentucky, however, has not done so. Efforts to pass a 2017 bill that would have required a mandatory minimum staff fell flat. Those opposed -- who largely represent the nursing homes' interests -- said that Kentucky's nursing homes simply couldn't manage it. The bill would have required just a single nurse for every 21 patients during daylight hours and one nurse's aide for every 10 patients.

    In the hospital? Take steps to protect yourself from mistakes

    Hospitals are incredibly busy places, and mistakes happen all the time. Nurses, doctors and aides are often overloaded with too many patients to handle, so you simply can't assume that everyone who walks into your room understands your medical condition or why you are being treated.

    You need to take steps to protect yourself from medical errors whenever you're in a hospital, whether you're there for surgery, testing, or some other condition.

    The serious dangers posed by baby walkers

    If pediatricians have their way, the baby walker will soon be a relic of the past.

    Baby walkers have traditionally been seen as the perfect toy for a curious infant. Parents were able to let their infants explore a little, convinced they were both safe and picking up a little help learning to walk.

    Tired truckers are a threat to Kentucky drivers

    If you are a Kentucky driver, you understand there are various hazards and safety threats on the road that could lead to a higher chance of an accident. From distraction to speeding, the actions of other motorists could be a direct threat on your own personal safety and well-being. One of these potential threats is a fatigued truck driver.

    Truckers play a crucial role in the American economy. They transport goods across the country and make sure products get to where they need to go, but they also have the responsibility to drive safely and adhere to industry regulations. There are strict rules in place regarding how long a person can drive a truck. While many truckers and trucking companies play by the rules, some of them deliberately ignore the rules.

    Kentucky's medical malpractice panel system already seems broken

    In Kentucky, a law that requires every medical malpractice case to go through a review panel to determine if it has enough merit to proceed has been in effect for just a year -- and it already seems broken.

    It's also facing lawsuits that challenge its validity under the Kentucky Constitution. The law drastically slows down the process for plaintiffs who are seeking to obtain a measure of justice through a medical malpractice case -- and that would seem to fly in the face of the constitution, which says that everyone has the right to their day in court without delay.

    What can you expect after spinal cord injury?

    Spinal cord injuries are among the most traumatic events that can happen to a person's body. They create ongoing complications that go far beyond even the physical devastation of the initial injury.

    While anyone can appreciate the enormous consequences of a spinal cord injury on someone's life, most people aren't aware of the additional health problems that are common when someone is immobile.

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