#Medical Malpractice Error Attorneys in Kentucky

[breenwillifordinjurylaw]

LACK OF DOCTOR SLEEP TO BLAME FOR MANY CASES OF SURGICAL ERROR

The American Automobile Association (AAA) and their Foundation for Traffic Safety have long warned of the risks associated with a driver’s lack of sleep on his or her ability drive safely. In fact, the effects that a lack of sleep has been shown to have on drivers is not all that different from intoxicated driving.

Statistics released by AAA have shown that drivers who get less than six hours of sleep within the course of a single day are two times more likely to be involved in a car crash than anyone else.

AAA’s Traffic Safety Advocacy and Research warns that no driver should be getting behind the wheel if he or she has had less than seven hours of sleep within a 24-hour period. If this is the case, it leaves many to wonder if doctors should be performing complex surgeries, especially in the face of significant impaired judgment.

There are plenty of horror stories of doctor’s lapses in judgments that have gained publicity in the media. There’s a case in which a surgeon collapsed from exhaustion while standing over a patient in the operating room. He unintentionally cut his patient as a result. Then there are those cases in which doctors failed to properly diagnose a patient because they were so tired it impaired their ability to do so.

Increased awareness of the downsides of a lack of medical resident and physician sleep is a particularly timely topic. The Accreditation Council for Graduate Medical Education (ACGME), the governing agency that determines what rules medical trainees should be forced to adhere to, has recently proposed an increase in the amount of consecutive hours that young residents should be allowed to work from 16 to 28.

The Institute of Medicine argues that this would greatly diminish a doctor’s ability to protect patient safety.

In an effort to turn a profit, many hospitals are forcing the doctors that work for them to push well beyond their boundaries, especially when it comes to their degree of alertness. This is when doctor errors are most apt to occur. If your loved one has either been permanently injured or lost his or her life as a result of a doctor’s negligence, a Bowling Green, Kentucky, medical malpractice attorney may be able to help in your legal matter.

[justicestartshere]

WHEN TO HIRE AN AUTO COLLISION INJURY LAWYER

After being injured in an accident, people are often wondering when they should hire an auto collision injury lawyer. As experienced injury attorneys, we can’t how stress how important it is to hire legal representation before you begin negotiating with the insurance companies.

Auto insurance companies have a team of lawyers and adjusters who start evaluating your accident claim immediately. They are always working to find a way to not pay injury claims. You need a team on your side who is capable and ready to take on these billion-dollar insurance companies.

By speaking to our team of auto collision injury lawyers soon after your accident, we can guide you so that you get the best possible outcome in your case. We’ll help you understand what your legal options are and help take on the insurance companies.

Be aware that not all personal injury firms are the same. When facing the insurance companies, you need someone with experience who is representing your best interest. There are many firms out there who are just looking to make a quick settlement. These types of firms are just looking for a high volume of cases.

At Hendy | Johnson | Vaughn | Emery we are here for our clients every step of the way. Our mission is to provide the best possible outcome for your auto collision injury case. We don’t want you to take on the burden of mounting medical bills and unpaid wages alone.

Let us help you seek recoveries for your auto collision, including:

Medical bills and lost wages

Cost for future medical treatment

Amounts for any impairment of your ability to work in the future

Pain, suffering and mental anguish for what you’ve gone through, including any loss of enjoyment of life

Pain, suffering and mental anguish that will continue into the future

If you’ve been injured in an auto collision, contact our team today. We’ll review your case and give you an honest opinion on what your options are.

Get more info : Visit Here : Medical Error Attorneys in Kentucky

[maxwellyjordan]

Reschedule Watch Returns

John Elwood reviews Monday’s relists.

A lot of movement on the relist front this week. Most noteworthy of all, the Supreme Court granted the long–simmering trio of cases involving whether Title VII of the Civil Rights Act of 1964 applies to discrimination on the basis of sexual orientation or discrimination on the basis of gender identity. At 10 relists each, the cases were well past the usual “sell by date” at which it’s more likely that the cases will be the subject of a summary reversal or a dissent from denial of cert than a grant of plenary review. The court also granted cert in a case that will settle once and for all the question of what is the dullest case the Supreme Court has ever taken: CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., 18-565, the one-time relist that asks whether under federal maritime law a safe-berth clause in a voyage charter contract is a guarantee of a ship’s safety or just imposes a duty of due diligence. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this casezzzzzzzzzzzzzzzzzz.] Last was Barton v. Barr, 18-725, which asks whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] … inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1), which affects an alien’s eligibility for relief from deportation.

It’ll be a challenge to summarize this week’s relists in just a couple sentences. That’s because I can’t think of anything to say beyond, “There aren’t any.” Really. We’ve double checked. So instead, let me say a little bit about one case the court has repeatedly rescheduled and that has garnered some attention: Doe v. Boyertown Area School District, 18-658.

Boyertown Area School District, northwest of Philadelphia, allows some transgender students to use high school locker rooms and restrooms that match their gender identity. Some cisgender students brought suit, arguing that Boyertown’s practice forces students using those facilities to be seen by the opposite sex when they are partially or fully undressed, or to forgo using the facilities altogether. (There are, however, single-person facilities available.) Although the U.S. Court of Appeals for the 3rd Circuit held that students have a constitutional right not to be seen undressed by persons of the opposite sex, it upheld the policy as narrowly tailored to further a compelling state interest. The challengers now seek Supreme Court review, asking whether, given students’ constitutionally protected privacy interest in their partially clothed bodies, a public school has a compelling interest in authorizing transgender students to use locker rooms and restrooms aligned with their gender identity. The petition also asks whether Boyertown’s practice constructively denies access to locker room and restroom facilities under Title IX of the Education Amendments Act of 1972 “on the basis of sex.” And here again is an explanation of the difference between rescheduled and relisted cases.

Thanks to Ben Moss for laboring to determine that there are no new relists. Now if you’ll excuse me, I have to go pat myself on the back for being a 52-year-old person who used “cisgender” in a sentence. Hopefully correctly.

  New Relists

  Returning Relists

Box v. Planned Parenthood of Indiana and Kentucky, Inc., 18-8

Issues: (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.

(relisted after the January 4, January 11, January 18, February 15, February 22, March 1, March 15, March 22, March 29, April 12 and April 18 conferences)

  Roman Catholic Archdiocese of San Juan, Puerto Rico v. Feliciano, 18-921

Issue: Whether the First Amendment empowers courts to override the chosen legal structure of a religious organization and declare all of its constituent parts a single legal entity subject to joint and several liability.

(relisted after March 22, March 29, April 12 and April 18 conferences)

  Department of Homeland Security v. Regents of the University of California, 18-587

Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’ decision to wind down the DACA policy is lawful.

(relisted after the January 11 conference; now held)

  Trump v. NAACP, 18-588

Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’ decision to wind down the DACA policy is lawful.

(relisted after the January 11 conference; now held)

  Nielsen v. Vidal, 18-589

Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’ decision to wind down the DACA policy is lawful.

(relisted after the January 11 conference; now held)

  Daniel v. United States, 18-460

Issues: (1) Whether the Feres doctrine bars service members, or their estates, from bringing claims for medical malpractice under the Federal Tort Claims Act when the medical treatment did not involve any military exigencies, decisions or considerations, and when the service member was not engaged in military duty or a military mission at the time of the injury or death; and (2) whether Feres should be overruled for medical malpractice claims brought under the Federal Tort claims Act when the medical treatment did not involve any military exigencies, decisions or considerations, and when the service member was not engaged in military duty or a military mission at the time of the injury or death.

(relisted after the March 29, April 12 and April 18 conferences)

  Klein v. Oregon Bureau of Labor and Industries, 18-547

Issues: (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.

(relisted after the March 29, April 12 and April 18 conferences)

  City of Newport Beach, California v. Vos, 18-672

Issues: (1) Whether Title II of the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent and mentally ill suspect in the course of bringing the suspect into custody; (2) whether, under the Fourth Amendment “totality of the circumstances” analysis for assessing the reasonableness of force used against a suspect who attacks law enforcement officers, a court must take into account allegedly unreasonable police conduct that took place before the use of force, but foreseeably created the need to use that force; and (3) whether, under the Fourth Amendment’s analysis for use of force, a law enforcement officer’s interest in using deadly force against a suspect threatening an officer’s life is diminished if the assailant is mentally ill.

(relisted after the April 12 and April 18 conferences)

  Dahne v. Richey, 18-761

Issue: Whether prison inmates have a First Amendment right to include threatening, abusive and irrelevant language in grievances.

(relisted after the April 12 and April 18 conferences)

  McGee v. McFadden, 18-7277

Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.

(relisted after the April 12 and April 18 conferences)

The post Reschedule Watch Returns appeared first on SCOTUSblog.

from Law https://www.scotusblog.com/2019/04/reschedule-watch-returns/ via http://www.rssmix.com/

[justicestartshere]

KENTUCKY HOUSE PANEL APPROVES $50 MILLION TAX INCREASE ON VAPING & TOBACCO PRODUCTS

Last month, a Kentucky House committee approved a bill to add tax on vaping products as well as increase the existing tax on tobacco products other than cigarettes. The tax would raise $50 million over the next two years.

Currently vaping products are only subject to the 6% sales tax. This new bill would add vaping items to the list of “other tobacco products” which would make them subjected to related taxes. The wholesale tax on these products is currently 15% and would increase to 25% if the bill passes.

In his budget proposal, Democratic Gov. Andy Beshear recommended a 10-cent increase in the tax on cigarettes and other tobacco products and a new 10-cent-per-milliliter tax on vaping liquid.

Despite the dangerous side effects, vaping has become an epidemic across Kentucky’s middle and high schools. Our own Ronald Johnson is helping lead 5 schools in a legal battle against vape manufacturer Juul read more...

Welcome to HENDY JOHNSON VAUGHN EMERY

We are excited to continue our growth and expand our resources with the addition of Jay Vaughn and the promotion of Sarah Emery to join the firm’s partnership. With change, comes more change, which has presented us with the opportunity to rebrand our firm to more directly communicate our mission to our clients.

Watch our Video

Get More Info : Ron Johnson Attorney Kentucky

Thanks for reading this blog. You can subscribe for regular update about technology news and tips via RSS Feed. you can also follow us on facebook & twitter.Thanks for visiting!.

[justicestartshere]

RECENT STUDY REVEALS TOXIN IN JUUL PODS KNOWN TO CAUSE LONG-TERM LUNG DAMAGE

The infamous electronic cigarette products made by Juul were put into a study at Harvard University. The study concluded that Juul pods contain a microbial toxin that can cause long-term lung damage.

The researchers from Harvard T.H Chan School of Public Health found that out of the 54 Juul pods they analyzed, 46% had detectable levels of glucan, a constituent of fungal cell walls.

David Christiani, a co-author of this study stated, “Chronic exposure to glucan can cause inflammation in the airway and lead to long-term lung damage.”

The study, published in the American Journal of Respiratory and Critical Care Medicine, revealed the menthol and tobacco flavored pods were found to carry the highest levels of glucan compared to Juul’s other flavored pods.

Coincidently, these two flavors were spared from the U.S Food and Drug Administration’s e-cigarette ban. Before the ban, Juul stopped selling its fruit and mint flavors; the tobacco and menthol-flavored products still remain on the market today.

A study previously published by Harvard in April had found bacterial and fungal toxins in many e-cigarette products. In this 2013 study, before Juul was on the market, they used 37 cartridges and 38 e-liquid products with the highest micro nine levels from the top 10 selling U.S. brands. That study found that 23% of products were contaminated with endotoxins, a microbial agent, and a component of the exterior cell wall in some bacteria. It turned out that 81% of the products were also contaminated with glucan. Similar to the latest study, glucan levels were higher in the tobacco and menthol-flavored e-cigarettes.

Christiani, a co-author of the latest study, said he’s unsure as to why Juul’s tobacco and menthol-flavored pods have high levels of glucan and believes it could be related to the production process or raw material used in the products.

Greg Conley, President of the American Vaping Association, has many contradictions to share with the new report.

“Microbial contamination is a reality with everything in life, including e-liquids and traditional tobacco products. These authors have identified no actual risk, just that some microorganisms were detected, and they are promoting their findings knowing that many will falsely interpret the paper to mean that vaping could be equally or more hazardous than smoking cigarettes.”

The study said its main limitation was that it did not evaluate the contamination of aerosols inhaled by users. Further research will be continued with larger representative samples of Juul products.

At Hendy | Johnson | Vaughn | Emery we are committed to fighting the vaping epidemic that is troubling our country. We will continue to keep you updated as the latest news becomes available. If you or a loved one has had adverse side effects from using e-cigarette or vaping products, we can help. Contact us today for a free case evaluation and to learn how we can help your family in the fight against e-cigarette manufacturers.

Get More Info : Personal injury attorney | Best Accident attorney in Kentucky

Website : Justicestartshere

Like On Facebook : Justicestartshere | Facebook.com

Follow on Twitter : Justicestartshere | Twitter.com

[justicestartshere]

TRAUMATIC STRESS DISORDER IS REAL AND OFTEN OVERLOOKED

Our own Jay Vaughn recently published an article about post-traumatic stress disorder in The Advocate – Kentucky Justice Association. In the article, Jay explains PTSD, why it’s often overlooked and what attorneys can do. Take a look at this excerpt:

We are all accustomed to cases in which our clients have been seriously injured or a loved one dies after being involved in a crash with a tractor-trailer. Too often we focus on the physical injuries broken bones, disc injuries, chronic pain, etc.- but overlook the silent injury of Post-traumatic Stress Disorder (PTSD). The caveat is if the client has been diagnosed with a traumatic brain injury because, in many cases, PTSD is diagnosed along with TBI. The focus of this article is in the non-TBI situation.

What is PTSD?

PTSD is an officially recognized mental health condition some people develop after experiencing or witnessing a life-threatening event. Whenever you are faced with a potential PTSD case, you should immediately go to the Diagnostic and Statistical Manual of Mental Disorders, currently in the Fifth Edition, known as the DSM-5.” The American Psychiatric Association revised the PTSD diagnostic criteria in 2013 and included PTSD in a new category Trauma-and Stressor-Related Conditions. The diagnostic criterion for all of the conditions included in this new classification require exposure to a traumatic or stressful event.

The DSM-5 criteria for PTSD, ICD-9 309.81 or ICD1 0 F43. 1 0, for adults, adolescents and children over six years old are as follows (the DSM-5 has separate criteria for children six years and younger):

Criterion A~ (one required)- the person was exposed to death or actual serious injury in the following way(s): 

Directly experiencing the traumatic event 

Witnessing the event as it occurred to others 

Learning the traumatic event occurred to a relative or close friend 

Indirect exposure to aversive details of the trauma

Criterion B (one required)- the traumatic event is persistently re-experienced in the following way(s):

Unwanted upsetting memories

Nightmares

Flashbacks

Emotional distress after exposure to traumatic reminders

Physical reactivity after exposure to traumatic reminders

Criterion C (one required)- avoidance of trauma-related stimuli after the trauma in the following way(s):

Trauma-related thoughts or feelings

Trauma-related reminders

Download the full article here.

For More Info : Click Here : Semi-Truck Accident Attorney

[justicestartshere]

HOW HJVE LAW CAN HELP WITH BIRTH INJURY CASES

Injuries during birth can happen for a variety of reasons. When the injury is a result of medical malpractice, negligenceor careless mistakeby the healthcare provider, you have the right to hold them accountable.

At HJVE, we represent both the mother and/or child. We focus on several different birth injuries including the following:

Swelling or bruising of the head

Internal Bleeding

Rupturing of blood vessels

Erb’s Palsy

Facial nerve injury

Hypoxia

Cerebral Palsy

Brain damage

Fetal stroke

Brachial plexus

Phrenic nerve injury

Laryngeal nerve damage

Shoulder dystocia

Meconium aspiration

Meningitis

Athetoid Pals

If you or a loved one has suffered a different birth injury than what is listed above, we’d be happy to review your case.

Birth injury and trauma cases are unique and require experienced and compassionate attorneys. Our team of personal injury attorneys have been fighting for families since 1990. The thought of any child being severely injured or worse, passing away due to medical malpractice is agonizing, but when it is your own child, it can be traumatizing, to say the least. This is what compels us to fight every day so that families around the United States can be vindicated for the medical facility’s negligent and inexcusable behavior.

Our team can help you recover:

Medical expenses associate with the injuries, including past, present, and estimated future costs

Cost of rehabilitation, in-home care, therapy, and special education

Lost wages(for a parent that loses employment or reduced work hours due to injury or caring for injured child)

Compensation for emotional and physical pain and anxiety

If you or your child sustained an injury during birth, please contact us today for a free case evaluation.

[justicestartshere]

WHAT IS WRONGFUL DEATH? DO YOU HAVE A CASE?

Wondering if your loved one suffered from a wrongful death? At Hendy | Johnson | Vaughn | Emery, we’re here to help bring clarity to those who are experiencing the devastation of an unexpected loss.

What is Wrongful Death?

A wrongful death claim is a specific kind of personal injury lawsuit. Wrongful death cases are filed against the party or parties who caused the death on behalf of the loved one(s) who have lost the company and support of the deceased.A wrongful death claim can be made when a person is killed as a result of negligence or a deliberate, harmful act. Some examples include:

Careless driving

Vehicular manslaughter

Drunk or impaired driving

Distracted driving

Unsafe work conditions

Industrial deaths

Medical malpractice

Fire-related deaths

Wrongful Death Damages

Our team is committed to seek justice for the loss of your loved one by seeking a remedy for what has been taken from your family such as:

The loss of affection and love

The loss of companionship

The loss of assistance and services

The loss of your loved one’s earnings which would have helped provide for your family

Recovery of medical expenses as a result of the loss

Recovery of burial and funeral costs

Punitive damages if there is evidence of reckless conduct resulting in the loss of your loved one

Our compassionate approach to wrongful death cases is unrivaled while standing firmly against those responsible for such losses. When there is evidence that suggests the death could have been avoided, our team here at Hendy | Johnson | Vaughn | Emery has the resources to explore potential remedies due to the survivors of the deceased. If you think you have a wrongful death case, please reach out to our team as soon as possible for a free case evaluation.

For More Info : Visit Here : Accident Attorney in Kentucky

[justicestartshere]

The Coronavirus has disrupted lives all over the world. While many Americans have been asked to stay home, accidents can still happen,and legal needs still need to be met. Here at Hendy | Johnson | Vaughn | Emery our goal is to continue to provide the...

[justicestartshere]

The Coronavirus has disrupted lives all over the world. While many Americans have been asked to stay home, accidents can still happen,a...

[justicestartshere]

What you need to know Recently Stephen Lanzo, from New Jersey, won a $37 million case against Johnson & Johnson stating that their talc products contain cancer causing substances, or carcinogen…

[justicestartshere]

After being injured in an accident, people are often wondering when they should hire an auto collision injury lawyer. As experienced injury attorneys, we can’t how stress how important it is to hire legal representation....

[justicestartshere]

Birth injuries are traumatic, both for the baby and the family. Symptoms of brain injuries vary with each case; sometimes a baby will show signs of a brain injury right away, while others may take years.

[justicestartshere]

After being injured in an accident, people are often wondering when they should hire an auto collision injury lawyer. As experienced injury attorneys, we can’t how stress how important it is to hire legal representation...

[justicestartshere]

After being injured in an accident, people are often wondering when they should hire an auto collision injury lawyer. As experienced injury attorneys, we can’t how stress how important it is to hire legal representation before you begin negotiating with the insurance companies.

[justicestartshere]

When it comes our clients, we are committed to helping you every step of the way. We are dedicated to achieving the best possible results!