Much like in the story of the Emperor’s new clothes, people jump on the band wagon at any opportunity. If someone says only the smartest can perceive the clothes the Emperor was wearing, no one wants to admit that they don’t see anything but the Emperor’s knickers.
This is what seems to have happened with the da Vinci robot-assisted surgical system from Intuitive Surgical, Inc. Clever marketing and a few well-placed endorsements, and suddenly all hospitals want to have at least one of their own. Lauded as the safer and less invasive alternative to traditional surgery, no one seems to have questioned the lack of actual field studies that would support this claim. Instead, all hospitals large enough to afford the $1.5 M price tag got one, expected that their doctors would have no problems learning how to use it and that patients would benefit greatly from the experience.
Unfortunately, that is not what happened.
Using the da Vinci system has allegedly led to an alarming number of surgical injuries that should not have happened. Chief among the reasons that could have led to this include insufficient training of the surgeon and design defects of the robotic arm. The clincher is that despite the high price tag and the hype, robot-assisted surgery may not even yield better results than traditional surgery, even if all goes well. In other words, there is no benefit accruing from signing up for robot-assisted surgery and it is not the higher cost and risk.
Whether the da Vinci system is linked to the surgical injuries sustained by patients is something that will be determined in the future. Civil lawsuits against Intuitive are ongoing, and new field studies are being undertaken regularly. Until any definitive conclusion is forthcoming, it would be advisable to keep one’s options open when it comes to surgery.
If you have already sustained surgical injuries from robot-assisted surgery, consult with a da Vinci robot lawyer with experience in handling product liability cases. In any personal injury claim,t he burden of proof is always on the plaintiff’s side. Since it is a new type of product, such cases can become highly complex and difficult to prove fault in court.
Having a dog can really be a highlight for a person’s life. They are a great source of enjoyment, experience, and lessons that can be different from what other people can share. However, having a pet can be a big responsibility, especially with a dog that’s active and full of life. What humans eat does not necessarily mean they are good for dogs. There are certain types of foods that they can’t eat because they can put the dog’s health in danger. Choosing the best dog food, therefore, is vital in maintaining the health and wellbeing of your dog.
BARF (biologically available raw foods) is one of the popularly advocated foods that pet-owners say is best to feed dogs, however there is still not enough evidence to solidify whether they are sufficient to sustain the dogs’ diet. The best way to ensure that your pet has the best nutrition is to ask your veterinarian or a nutritionist regarding a balanced diet. Changing your dog’s diet too fast can cause health complications, therefore ask advice from pet-owners who have made successful transitions with their pets.
Just like human foods, dog foods may look healthy but they may not contain enough nutrition to sustain your pet. There are so many options to select from when it comes to choosing the best dog food, so consulting the veterinarian and trying out different types of dog foods may be the only way to determine which ones will work best for keep your dog well fed and have a long and healthy life.
Each year, pharmaceutical companies, medical professionals, and public health officials rush to develop and distribute a flu vaccine to protect Americans from the virus. Manufacturing and distributing the millions of doses required can be a logistical nightmare, but officials continue to produce vaccines and urge Americans to get vaccinated.
Unfortunately, 3,000 to 49,000 Americans die from flu each year, a number that researchers hope to greatly reduce. The foremost way to lessen fatalities and sickness from the flu is to improve the vaccine, which currently reduces the risk of flu in those vaccinated by a meager 60 percent.
Creating a vaccine can take up to six months, and the process is inflexible and hard to adjust. Viral strains are grown in cells, inactivated, and then used in the next year’s vaccine. In the long period of vaccine development, the chosen viral strains can adapt and evolve, rendering the vaccine ineffective against the newly-created flu virus. If the virus evolves enough in the course of a few months, it can cause a pandemic, an unfortunate event which occurred most recently in 2009.
Medical researchers hope to one day develop a “universal” flu vaccine, that would target specific regions of the influenza virus that evolve less frequently. The proposed universal vaccine would be effective for a much longer period of time against a wider range of flu strains.
With any drug or vaccine, researchers and doctors must use the utmost care to ensure it is safe for patients to use; as a result, development of a universal vaccine will be a long and expensive process. However, the benefits of such a vaccine would be well worth the cost, lowering health care price tags and reducing the number of deaths caused by the flu virus.
Ten people die from swimming pool accidents or similar every day on average in the US, and 20% are children 14 years old or younger. Drowning is one of the leading causes of accidental deaths in the country, and many of these are preventable if safety measures are in place.
Swimming pools are very tempting for kids, especially in the summer months. But, as pointed out on the website of Ritter & Associates, the potential for fun is equal only to the potential for injury. Before setting out for the public pool or a neighbor’s inground swimming pool, there are some basic safety rules that should be observed to prevent swimming pool accidents:
These are just some ways to actively avoid swimming pool accidents. However, some pool owners fail to comply with the safety regulations mandated by law, such as placing a fence around the pool to keep children from sneaking in unsupervised, and swimming pool accidents can still happen. This is a form of negligence that deserves some punitive measures. If you have suffered from the effects of swimming pool accidents because of the carelessness of a pool owner, contact a premises liability lawyer to start making your claim.
It seems a little weird to think of lawyers suing other lawyers in civil court, but legal malpractice is actually part of Michigan state law (Michigan Collected Laws 600.5838) although it is not specific to lawyers but anyone part of a state licensed profession.
Legal malpractice is defined as an instance in which an attorney acts irresponsibly or negligently when representing or acting for someone else in a professional capacity. As in an tort case, the burden of proof is on the plaintiff, who must show that:
There may be variations to the laws on legal malpractice, although Michigan pretty much sticks to the general law on professional negligence, which is a breach of the standard of care. As pointed out on the website of Detroit law firm Ravid & Associates, P.C., clients engage a lawyer in the belief that they will receive the benefits of an effective legal professional.
It is definitely not easy to prove legal malpractice unless the act was blatant i.e. stealing money entrusted to him or her by a client because legal representation can be complicated. In order to define negligence in a particular case, it is often necessary to get another lawyer to be an expert witness.
It is also necessary to prove that the lawyer did not act in good faith. It is possible for a lawyer to make an error in judgment that will result in major injury or damage to the client and still not be held liable for it. This may be due to the fact that at the time of its commission the lawyer believed that he or she was acting in the best interest of the client, but which later on will be revealed to be mistakes or errors. This is called the “attorney judgment rule.”
If you lost your case, suffered damages or got into legal trouble because your lawyer was negligent, find a legal malpractice lawyer in Michigan to get some compensation for your costs or losses. Make sure that the lawyer you engage has a good reputation with plenty of experience to get the best possible legal representation.
It is common knowledge that riding a motorcycle is risky, yet so many people prefer it, especially in the city where the traffic is terrible. It is fast, maneuverable and small enough to weave in and out of spaces that make it a joy to use. In addition, there is the cool factor to consider.
But the things that make motorcycles so uniquely great as a means of transportation are also the reasons why they are so dangerous. Riders in motorcycle accidents are 30 times more likely to die than those in automobiles, and injuries tend to be more serious. Motorcycle riders have far less protection and security than a person driving a car, and even single-vehicle accidents are more likely to happen in motorcycles than in cars. Some of the factors that are both positive and negative include:
Motorcycles are lighter and more powerful pound for pound than cars, so they can go much faster. However, the capacity of the machine to hit high speeds is not always matched by the ability of the rider to control it, and motorcycle accidents at high speeds are often catastrophic.
As in anything else, the best way to prevent motorcycle accidents is to exercise caution and follow motorcycle safety guidelines. If you crash anyway because another party has been negligent, you should get compensation for your injury as well as other costs associated with motorcycle accidents. Consult with a motorcycle accident attorney and file your claim. The Oklahoma-based Abel Law Firm website explains that you can recover your medical expenses and lost wages as well as for the pain and suffering you may have suffered.
Most people are familiar with the term temporary restraining order or TRO from crime shows where a person gets the court to declare another person as barred from being within a certain perimeter because of a demonstrable fear of physical harm. In a Texas divorce, however, this is more a protective order than a restraining order, although they may be used interchangeably.
A restraining order in a divorce under Texas law is a set of court orders that is routinely imposed on one or both parties in a divorce designed to prevent one or the other from behaving in an undesirable manner until after the divorce is final. This can include a prohibition from incurring debt, emptying bank accounts, bad-mouthing the spouse to children or other people, and tampering with the spouse’s correspondence. In some instances, the spouse is barred from entering the marital residence.
A protective order, on the other hand, is much rarer. The website of the law firm Alexander & Associates in Denton defines this as protection from domestic violence. It will only be issued if the spouse requesting it can prove that the adverse spouse has already committed acts of violence against family members in the past and is likely to do so in the future. It is often requested by abused spouses. The terms of a protective order generally requires the abusing spouse to keep a certain distance away from family members wherever they are. Violating a protective order is a criminal offense, which is why there is a high standard for meeting the requirements for its issuance.
In contrast, it is relatively easy to get a restraining order in Texas provided the requested prohibitions are reasonable. However, violating a restraining order is not a criminal offense and may not be enforced by the police or other law enforcers on the spot. The violation may be reported to the court which approved the restraining order which may then order the incarceration of the adverse party, or more probably impose fines or simply warn the offender.
It is not necessary to obtain a restraining order for a divorce in Texas but a divorce lawyer is much more likely to include items that may otherwise be overlooked in the order to protect the rights of a spouse while a divorce is in process. If you are in need of a protective order to protect yourself or your family from domestic violence, however, you are more likely to meet the stringent standards for getting one with the help of a lawyer.
According to the website of Hull & Zimmerman, P.C., no matter how careful people are, a momentary reckless or irresponsible behavior from someone else can result in an accident that has devastating effects. Sadly, many accident victims end up facing serious conditions due to the injury they have sustained. Additionally, some are left with not enough money for the medical treatment, while others may lose their capacity to continue earning a reasonable living. No matter what the effect is, injuries due to accidents tend to render the victim and his or her family distressed and burdened with financial worries.
Things do not have to be this way, though. If you’re a victim of an accident and have sustained an injury due to another person’s reckless act, then you are lawfully entitled to seek monetary compensation for suffering and losses. When a person suffers such an accident or loss, it is known as a personal injury and it may be physical, emotional, or mental. Personal injury is considered a civil or tort lawsuit that entitles injured individuals to get monetary compensation to help them recover from losses. Through this area of the law, victims of other people’s recklessness have the resources and ability to seek restitution for the undue harm they have suffered.
There are various types of accidents for which a person can seek help through personal injury law, including the following:
A personal injury lawyer can help you all throughout the legal proceedings, from the preparation of your case to representing you and fighting for your rights.
Nearly five million dog bites are reported in the U.S. annually and, though, only a fifth of these may require medical treatment, the cost of medical care can be very expensive for those that do. It is a sad fact that a majority of dog bite victims are children who are too weak or too young to defend themselves against dog attacks. And despite the fact that dogs can sometimes be man’s most trusted companion, parents are still cautioned not to leave their children alone with dogs, especially unfamiliar ones.
A dog bite victim can and should seek the legal help of a dog bite attorney who will help him or her determine his or her right for a claim and the extent of that claim. Though a dog may be domesticated and considered as man’s best friend, there’s no telling what it can do once it feels threatened and turns aggressive. This is why dog owners are held responsible for making sure that their pets are always under their control. Thus, once a dog attacks someone, the owner, being neglectful in controlling his or her pet, will be held responsible for whatever injury (bodily, mentally, or emotional) his or her pet causes. Dog bites or dog attacks can have different effects; some of the most common effects are:
Regardless of the effect of the dog bite or attack you or someone you know may suffer from, bear in mind that you may be able to receive compensation for the losses and suffering you have sustained. As a victim of another person’s negligence, you should not have to bear the ensuing burdens of a dog bite on your own.
Workplace accidents can happen unexpectedly and, most of the time, can inflict damage to property or cause serious physical harm. These things can occur at almost any time to any person in a workplace environment. When such events cause you any form of physical injury, the repercussions can be huge.
Workplace injuries can affect a person in a multitude ways. For one, the person involved can be left physically handicapped, thus affecting his or her long-term work and livelihood. He or she could also develop stress, anxiety, and low self-esteem related to the injury, especially if it is disfiguring. Finally, a person who has suffered a workplace injury can suffer serious financial setbacks due to medical bills and payments.
What most people don’t know when they endure a work-related injury is that during and after the incident, they may be able to receive compensation for the losses they have suffered because of the incident. As any personal injury lawyer can advise, anyone who has incurred an injury during work may be eligible to pursue workers’ compensation benefits. These benefits are meant to help cover the losses that workers suffer when they are injured because of work related activities, and by accepting these benefits, injured workers are usually unable to then file a lawsuit against their company.
However, in certain situations where extreme, or gross, negligence has occurred, injured workers may be able to take legal action in an attempt to secure:
If an accident happens at work, it is important to have the event logged or recorded for future reference. Taking pictures of the site and area where the accident has occurred, as well as having a picture of injuries to the affected person and any damage to property can greatly benefit a person’s workers’ compensation claim or personal injury claim.