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Orthopaedic Surgical Procedures

Orthopaedic patients have access to many options as they look to remedy frustrating persistent pains caused by injury or age. Arthroscopic techniques provide surgeons with minimally-invasive methods when operating on patients. In arthroscopic procedures, doctors make an incision and insert a small camera called an arthroscope, a specialized type of endoscope, through the body to aid in precision and accuracy. People needing knee or spinal disc reconstruction often opt for arthroscopic procedures. Sometimes patients require more invasive surgery depending on their condition. In more dramatic cases, patients undergo arthroplastic surgery.

During an arthroplasty, orthopaedic surgeons repair and realign flawed joints. One of the most common arthroplastic surgeries is total hip replacement surgery. Hip replacement surgery is considered an elective procedure as it’s not required for survival. The goal of a total hip replacement is to relieve pain and restore function. In 2005, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, released the metal-on-metal ASR hip implant. During the five years that it was used in surgical procedures, millions of patients were the recipient of the DePuy ASR system.

Unfortunately, the hip implant proved to have a high failure rate, as one in eight recipients experienced complications within five years of their initial arthroplasty. Complications spanned from cup misalignment, femoral socket fracture, allergic reaction, and blood clots. A skilled surgeon has a large influence on the post-op success of an orthopaedic procedure; however, many of the complications stemming from DePuy ASR installations related to design defects, not surgical error. In 2010 after reviewing a post-market evaluation, DePuy Orthopaedics decided to issue a worldwide recall for the ASR Hip System.

People that have filed lawsuits against Johnson & Johnson have a varying range of injury related to the hip implant. Some people have required numerous hip reconstructive surgeries after the implant dislodged. Other patients have experienced tissue damage and toxic blood poisoning due to metal shavings releasing into their system. A recent projection claims that Johnson & Johnson is considering paying $3 billion in 2013 to settle DePuy ASR lawsuits.

Construction Accidents and the Four Elements of a Tort

Anytime someone is injured in a serious accident, they are typically met with costly medical bills, loss of income from missed work, and a range of painful physical and emotional issues that they must deal with. When their injury was caused by another individual or group’s actions-or lack of action- they may have grounds for a lawsuit under what is known as “tort law”. Under tort law, if a certain person or entity acted negligently, and the result was an injury or illness befalling another individual, they may be liable for that injury. With legal action, they be forced to offer financial compensation. When it comes to tort law, there are four elements which make up the “Tort”. If you were involved in an accident on a construction site, you may have a legitimate cause for legal action on your hands if the following criteria are met:

1.) Duty of Care – The construction company in question had a responsibility to the injured individual to avoid actions that could lead to an accident.
2.) Duty of Care Breached – The construction company violated that responsibility by failing to train their employees, failing to warn people of hazards, or some other instance of negligence
3.) Someone was injured – Construction companies may act negligently, but there must be an injury to accompany that negligence in order for a civil suit to take place
4.) Proximate Cause – Finally, in order for a legitimate tort to exist, the injury experienced by the plaintiff must be a result of the breach of duty of care. If the injury was due to something other than the construction company’s negligence, then there are no grounds for a lawsuit

If you or a loved one was injured in a construction accident and all of these elements were present, it is likely that you have a case for a personal injury lawsuit. To learn more about your legal options, contact an experienced construction accident lawyer as soon as possible.

Vehicular Homicide

While many modern motor vehicles come with an impressive array of safety features, there are still a regrettable number of fatal car accidents that occur every year. When a driver other than the negligent driver dies, the negligent driver may be liable for the death of that person. When drivers fail drive in a safe manner and follow traffic safety laws, they put other people at risk of severe accidents that could result in a fatality. While vehicular homicide is a criminal charge, such a case may also be filed in a civil lawsuit. Although such an unfortunate incident is tragic for grieving families, they may be able to find some comfort in filing a lawsuit by removing any anxiety over financial matters and by seeking some amount of justice for the accident.

Common Causes of Vehicular Homicide

Vehicular homicide can generally be defined as operating a motor vehicle in a negligent manner that causes the death of another person. Cars are extremely heavy and are engineered to travel at high speeds. When they are not properly controlled, they are capable of causing extensive damage to other vehicles, objects, and people. Several common causes of accidents that result in fatalities are as follows:

  • Speeding
  • Distracted driving
  • Driving recklessly
  • Driving while under the influence of drugs or alcohol
  • Drowsy driving

While some of these reasons may seem relatively minor, even a small mistake is capable of causing a collision. Any accident involving cars has a high risk of causing severe, potentially fatal, injuries.

Legal Options

If someone close to you was the victim of a car accident that resulted in a vehicular homicide, you may be able to hold the negligent driver liable for his or her carelessness. It may be in your best interest to connect with a personal injury lawyer and file a wrongful death lawsuit in order to pursue financial compensation and seek justice against the negligent driver.

Birth Injuries

Childbirth can be a stressful and difficult experience for mothers, who frequently rely on the assistance of an obstetrician to ensure that their child is delivered as safely as possible. Such operations have to be handled very proficiently and delicately, as newborn children are at a fragile and critical stage of physical development. Regrettably, medical workers do not always act responsibly when delivering a child, which sometimes causes the infant to suffer birth injuries that can adversely affect their future growth and development. Some birth injuries can even result in permanent disabilities that will affect the victim for the rest of their lives, likely requiring them to seek regular medical treatments.

Common Birth Injuries

It is important to distinguish between birth defects and birth injuries. Defects are generally the result of factors like genetic abnormalities or the use of harmful substances during a pregnancy. Injuries, on the other hand, are the result of a medical professionals negligent actions immediately before, during, or after a delivery. Several examples of common birth injuries are as follows:

  • Cerebral Palsy
  • Erbs Palsy
  • Brain and Spinal Injuries
  • Shaken Baby Syndrome
  • Post-natal Infections
  • Cephalohematoma

Although it may be difficult to contemplate taking legal action when dealing with a childs tragic birth injury, doing so may allow you the opportunity to ensure that their medical needs are financially secure and to hold the negligent parties accountable for their harmful actions.

Legal Options

If your child has suffered a birth injury as a result of a medical workers careless actions, you might be able to hold them liable for your childs medical treatments and other losses. You may want to consider contacting a personal injury attorney who can advise you on your legal options for filing a medical malpractice lawsuit in order to pursue the financial compensation you and your child may deserve.

New Jersey Motorcycle Helmet Law

Every state has the right to create its own motorcycle helmet laws. Therefore, it is important that you make sure you know your states laws before hitting the road. And while some states do not require riders to wear a helmet at anytime, the state of New Jersey along with 20 other states across the nation has comprehensive motorcycle laws requiring motorcyclists to wear helmets while riding.

The state of New Jersey also has additional laws that also require helmets at all times for riders of low-powered cycles. Motorcycle helmets can be instrumental in preventing a potentially devastating or fatal head injury. And with an estimated 2,500 motorcycle accidents every year in New Jersey, helmets are extremely important. Unfortunately, helmets only prevent potentially serious injuries, not accidents themselves. If you have been injured in an accident, you may want to consider filing a civil lawsuit.

Dressing Safely

As a motorcyclist, it is important to follow the state helmet laws. If you are caught riding without a helmet, you could be ticketed and fined 25. This also goes for any passengers on your bike. Along with wearing a helmet, you should also take other safety precautions and make sure you are wearing other proper safety gear to decrease the chances of suffering a serious injury in the event of an accident. This includes the following:

* Long sleeves and pants made of a sturdy material like leather
* Closed toed boots with ankle support
* Gloves
* Eye protection like goggles or a helmet shield

Although you cannot control how other motorists act on the roadway, you can put yourself in the best position to walk away from an accident without any life-threatening injuries. To learn more about your legal rights for taking action against the reckless or negligent motorist responsible for your accident, contact a New Jersey motorcycle accident attorney today.

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