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Please scroll down for a brief description of each area of practice.
Personal Injury
"Personal injury" cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed. Common personal injury claims are made by those who are injured in an auto, motorcycle, or other types of accidents. These are typically governed by the law of negligence. A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. The personal representative of the decedent's estate may only bring a suit for wrongful death. The personal representative also brings actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death.
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Product Liability
"Product liability" refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Drugs and medicines are frequently at the center of product liability suits (
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. Manufacturers of these products have a duty to appropriately test the drugs and medicines before releasing them into the market, using testing criteria from the U.S. Food and Drug Administration. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the product manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold the product to the consumer. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.
There is no federal product liability law. Typically, product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.
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Medical Malpractice
Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against: The doctor, if his or her actions deviated from generally accepted standards of practice; The hospital for improper care or inadequate training, such as problems with medications or sanitation; Local, state or federal agencies that operate hospital facilities. Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. However, malpractice suits are often complex and costly to win. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who will discuss your case with you, and help you determine your best options.
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Nursing Home
Older people frequently opt to move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of any deteriorating physical and/or mental conditions. Ordinarily, these facilities provide a positive environment and a beneficial experience for their patients. However, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the reluctance of residents to report abuse out of embarrassment or fear.
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Maritime
Maritime law deals with accidents that occur on vessels at sea, commercial and ocean-going vessels, on recreational boats, freighters, watercraft, and onshore. The Law is complex and may involve a variety of international treaties, compacts and conventions, as well as federal and state laws and regulations. Passengers: If a death occurs more than three miles from shore it is governed by the Death on the High Seas Act (DOHSA). If the death occurs within three miles of the shore various state wrongful death statutes may apply.
Seaman and Crew Members: The Jones Act covers any seamen who suffers personal injury or dies as a result of injuries sustained in the course of employment. Additionally, there is a concurrent right of action under the Death on the High Seas Act (DOHSA) if the death occurred more than three miles from shore.
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Wrongful Death / Newborn Infants
A newborn suspected of having intestinal obstruction should be studied in a logical step by step manner. It is important that it be definitely established that the infant has a surgical problem before surgery is preformed. This is usually not difficult in instances of complete high small bowel obstruction or when plain films of the abdomen show calcification and / or a distal small bowel obstruction with the contrast enema showing a microcolon or a definite malrotation of the colon (cecum in upper mid-abdomen or left upper quadrant).Necrotizing Enterocolitis (NEC) affects mainly premature babies. It is the most common surgical emergency in newborns. NEC accounts for 15% of deaths in premature babies weighing less than 1500 grams. Overall death from those babies with NEC is 25%.An abdominal X-ray should be taken if NEC is suspected. These films will show the neonatal team if there are any fixed or distended loops of bowel that may indicate an ileus (obstruction). Pneumatosis intestinalis (air in the bowel wall) can be seen early in NEC and can resolve over a number of hours. Pneumoperitoneum (air in the abdomen) is an indicator for immediate surgery. Air in the abdomen shows that the bowel has perforated (torn).
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Aviation Litigation
Aviation accident law covers both major air carrier and general aviation accidents. General aviation includes all non-commercial aircraft including small planes, large business jets, charter flights, pleasure crafts, helicopters, and hang gliders. The most common causes of both major carrier and general aviation accidents include:
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Pilot error
- Faulty equipment
- FAA regulations violations
- Structural or design problems
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Negligence of Flight Service Station employees
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Negligence of Federal Air Traffic Controllers
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Negligence in a third party's selection of a carrier
Aviation litigation is complex, and involves many potential theories of liability under state, federal, and international law. Any legal claim arising from an aviation accident requires a detailed understanding of aircraft function and safety, FAA regulations, and specific rules related to aviation litigation.
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