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Michigan Personal Injury Law Blog

Tragic medical mistake at outpatient clinic leads to lawsuit

The following story isn't from the state of Michigan, but it is still a scary reminder that no matter how many rules and regulations we put in place on the medical field to ensure patient safety, there will always be unfortunate things that just slip through the cracks.

A man was prepared to have surgery on his spine for a fusion procedure. The 53-year-old wanted to have the surgery in a hospital, but the medical professionals advised him to have the procedure at an outpatient clinic -- of which the medical professionals were part-owners. He obliged and had the surgery at the outpatient clinic.

What happens when an injured worker returns to work?

People get hurt on the job all the time, and in some of these cases, the injuries are severe enough that they miss a significant amount of time from work. The injured worker may even be disabled, may it be temporarily or permanently. But let's say that after some time away from work to focus on rehabilitation, that injured worker gets well and decides to return to work. What happens then?

There are a few things to consider, and the first is that workers' compensation will be a huge help for the injured worker while he or she is away. When they return to work, that individual could still receive workers' comp benefits -- but they have to be making less than they did prior to the injury to qualify, and even then the benefits will be reduced. Making an equal or greater amount of money after the injury than you did before it will almost certainly disqualify you from continuing to receive workers' comp.

New study shows distraction a huge concern for teen drivers

A new study has revealed some shocking information about distracted driving and teenage drivers, showing that previous estimates and predictions may be way off the mark. The study was performed by the AAA Foundation for Traffic Safety, and it looked at the six-second build-up to more than 1,700 accidents involving teen drivers. In previous estimations, the National Highway Traffic Safety Administration said that distraction was a factor in 14 percent of teen accidents.

According to the AAA study, distraction was a factor in 58 percent of the 1,700 accidents they studied. That's an amazing difference in the perception of distracted driving and teen drivers.

4 injured after construction project goes awry

It goes without saying that the world of construction is dangerous. The construction site doesn't even necessarily have to include heavy machinery and powerful equipment for it to be dangerous -- although these things certainly make it a far more hazardous place to be, despite these things being imperative to the job at hand.

What we mean is that when it comes to constructing or renovating a building in some way, there are going to be some precarious times in the construction process. Look no further than a recent construction accident that left four people with serious, but non-life threatening, injuries and many people wondering what exactly happened to cause this accident to occur. 

Stent causes complications, paralysis in patient a year later

After enduring an incredibly painful motorcycle accident in 2010, a young man was on his road to recovery. He needed surgery after the accident, requiring a stent to be placed where his aorta had been ruptured. Presumably there were other injuries that went along with this accident, but they are not noted -- and the stent is the important factor here in this story.

A year later, the young man was playing basketball when he collapsed and felt extreme pain. As he was being taken to the hospital, he was screaming in agony. It was soon discovered that the man had a blood clot where the stent was placed, and this caused catastrophic complications for the lower parts of of his body. Surgery was performed to fix the stent, but it couldn't prevent permanent paralysis.

Fatal truck accident leads to wrongful death lawsuit

The following story didn't happen here in Michigan, but location in this case doesn't matter. It could have happened anywhere, and there are important lessons to learn from this story that apply to anyone, anywhere.

A semi truck that allegedly was being driven by a man who was talking on his cellphone plowed through a crosswalk and killed three pedestrians recently in Chicago. The cellphone allegation has been brought by the family of the accident victims, which filed a wrongful death lawsuit on behalf of their three loved ones. The lawsuit names the truck driver and the truck driver's employer as being liable for this unfortunate accident.

Property owners, landlord can be liable in a dog bite case too

Imagine that you're walking down the road when you go past an apartment complex that has a yard. The fence is fairly shoddy, but it is still there, seemingly keeping in anything that isn't supposed to get in out (or vice versa). Then, all of a sudden, a dog comes wriggling out from underneath the fence and attacks you. You have been bitten and you're in a lot of pain. People on hand help you and get you to emergency medical care as quickly as they can.

Here's the question: what should the victim in this case do? How are they supposed to proceed in the coming days and weeks to ensure they get well -- and also that they get the justice that they deserve?

5 things you should know about Michigan workers’ compensation

Employers in Michigan are required to carry workers’ compensation insurance. It is important to note that most employers purchase insurance plans from a private insurance company. This private company is in the business of making money, which means that they underpay or deny some valid claims.

“Hire an attorney” is not just a marketing claim; it is a real warning. Injured employees should have a professional who knows the law and the process to help ensure their rights are protected. What are some other important things to note about workers’ compensation?

Is label design to blame for incorrect identification of IV bags?

One common form of medical malpractice is medication errors. A doctor, nurse or medical professional simply misreads an IV bag or incorrectly identifies a medicine, and as a result, you are given the wrong medication. You would have no way of knowing you were given the wrong medicine. And this incorrect medication can wreak havoc on your medical condition, potentially even causing new medical problems that need to be dealt with.

But what if at least a portion of these medication errors were due to -- and could be fixed by changing -- poorly designed medication labels? It appears that a new study has found just that, at least when it comes to IV bags.

New OSHA report sheds light on flailing workers' comp system

A damning report from the Occupational Safety and Health Administration (OSHA) says that many injured workers don't even file for workers' compensation when they are able to -- and even worse, that many state-run programs are complicating matters to the point that injured workers simply don't receive the full benefits that they are entitled to.

According to the report, only 21 percent of an injured worker's costs (i.e. lost wages and medical bills as a result of the accident and injury) are covered by workers' comp. A further 63 percent of the costs are paid by the injured worker or by an insurance company. The remaining 16 percent comes from taxpayers and systems such as Medicaid and Social Security.

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Bredell & Bredell
119 North Huron Street
Ypsilanti, MI 48197
Phone: 734-482-5000
Toll Free: 866-273-3355, 866-BREDELL
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Bredell & Bredell
410 South Jackson Street
Jackson, MI 49201
Phone: 517-787-9000
Toll Free: 866-273-3355, 866-BREDELL
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