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  • How Long Do I Have to File an Injury Claim in Missouri?

    If you sustained an injury caused by someone else’s negligence, you have a right to pursue fair and just compensation for your injuries. However, there is a limited timeframe, also known as the statute of limitations, during which you must file this claim. If the time runs out on the statute of limitations, you will no longer be able to file your claim and, therefore, will lose your chance of ...
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  • Can I Sue the Hospital for Medical Malpractice?

    When patients sustain injuries while under the care of medical professionals, they can seek compensation for their injuries by filing a medical malpractice claim. However, this is not always straightforward. If your injury occurred in a hospital setting, it is possible that you can hold the facility liable for your injuries, though there are some circumstances in which the hospital might not ...
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  • Electronic Medical Records and Medical Malpractice Cases

    Prior to the advent of personal computers, all medical records were written by hand. Whenever an attorney needed to review medical records in medical malpractice cases, he or she would have to rely on the handwriting of doctors to understand more about the case. However, it has now become easier than ever to spot deficiencies in the standard of care by reading electronic health records (EHR). In ...
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  • Common Preventable Medical Errors

    According to The Journal of the American Medical Association , almost a quarter of active-care patient deaths were rated as at least “possibly preventable by optimal care.” Around 6% was rated as “probably or definitely preventable.” This means anywhere from 6% to 23% of patient deaths could have been prevented with better care. Likewise, as high as 74% of medical errors not resulting in wrongful ...
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  • Road Rage Liability

    Road rage is defined as aggressive or angry behavior exhibited by a vehicle’s driver. If you see someone making rude gestures, giving verbal insults, making physical threats, or using dangerous driving methods to target another driver, he or she is guilty of road rage. This behavior has always been an issue with drivers around the country, and it can often cause a variety of vehicle accidents. The ...
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  • Amusement Park Accidents

    Many children have fond memories of going to an amusement park and enjoying the food, attractions, and rides there. However, they were likely unaware of the dangers of such a location. Amusement park rides, such as roller coasters, water slides, bumper cars, and spinning rides, cause thousands of injuries each year. From cuts and bruises to broken bones, severe head trauma, and even death, ...
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  • Medical Malpractice Reforms Could Be Hurting Patients

    HR 1215, also known as the “Protecting Access to Care Act of 2017,” is bill created to put dollars over patient safety. The bill caps non-economic recoveries at $250,000. This means if someone was critically injured by a negligent physician, that person wouldn’t receive more than $250,000 for pain and suffering or loss of enjoyment of life. While many might seem like this is a lot of money, ...
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  • Doctors Are Fatally Overprescribing Opioids

    Part of a physician’s job is to treat a person’s illness and help them manage any painful symptoms while the illness is being targeted. For example, if a person breaks his arm, his doctor should treat the break, bandage the arm, and prescribe pain medication mild enough to help the man cope with the painful side effects of the bone break. However, many narcotic pain medications are made from ...
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  • EpiPen Recall

    The FDA released an announcement earlier in March alerting consumers to a recall of Mylan’s EpiPen and EpiPen Jr products. The manufacturer of the epinephrine injection devices voluntarily recalled 13 lots of these auto-injectors. The device was manufactured by Meridian Medical Technologies and distributed by Mylan Speciality. EpiPen products are auto-injectors used for emergency treatment of ...
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  • Liability and 3D Printing Medical Devices

    Three-dimensional (3D) printing involves building solid, 3D objects from digital models using an additive process in which successive layers of material are assembled on top of one another to create the desired device. Materials involved in printing include plastic, metal, medication, and even human tissue. Currently, these devices are particularly expensive. However, as 3D printing becomes more ...
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  • PTSD caused by TBI

    A traumatic brain injury (TBI) is caused by a sudden blow or sharp jolt to the head. Often, this type of injury occurs during a traumatic event, such as an accident or a fall. As such, post-traumatic stress disorder (PTSD) may develop in the aftermath of sustaining such an injury. Unfortunately, many symptoms of TBIs and PTSD overlap, making it difficult to assess what the underlying problem is. ...
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  • I Was Hit by an Uninsured Driver, What Can I Do?

    Car accidents are incredibly common, which is why it is the legal necessity for every driver to have car insurance coverage. However, in the event that the driver who hit you is not insured, the urgency of the situation drastically increases. In these instances, your own insurance company will be held responsible in paying for any and all expenses incurred--if and only if you have obtained ...
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  • How Long Does Whiplash Last?

    Whiplash, though common, is incredibly painful and debilitating to those who suffer from it. It generally occurs following a rear-end car accident , as the injury is a result of the head being jolted forward and then snapping back. Sometimes, sideways movements may cause whiplash if they are severe enough. These kinds of sudden movements in the neck may result in the delicate tendons and ligaments ...
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  • Symptoms of Traumatic Brain Injuries

    A traumatic brain injury can range from mild to severe, depending on several factors. An individual suffering from a mild traumatic brain injury will typically have normal MRI and CAT scans, though he or she might have cognitive problems such as difficulty thinking, trouble with memory, attention deficit, and mood swings. Despite the term “mild,” however, the effect of traumatic brain injuries, ...
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  • Do Bed Sores Form Due to Medical Negligence?

    Kempton & Russell proudly represents families who have had loved ones suffer injury or harm due to medical malpractice. Time and time again, our attorneys have found that bed sores are not a symptom or side effect of an illness. Rather, it may be a direct result of medical negligence, such as inattentive nursing home staff and failure to provide the patient with the care that they deserve. If you ...
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