The doctor and the clinic where he worked were the defendants in a wrongful death lawsuit filed by the family of the deceased patient. The patient had shown up at a hospital in New Ulm, where he was determined to have a bad case of hives and abnormally low blood pressure.
]]> The doctor apparently released the patient from the hospital without having him undergo more extensive medical tests. The patient returned to the hospital's emergency room later that day, where he collapsed and died. According to the results of an autopsy, the patient's death was attributable to irregular heartbeat and heart disease.In the lawsuit, the family alleged that the doctor demonstrated negligence for not ordering the additional tests. But according to the defense, the patient had failed to inform the physician of chest pain and other symptoms he experienced earlier in the day. Without this key information, the defense said that the doctor did the best job he could.
The jury found that the doctor was 60 percent responsible for the patient's death, and they found that the patient himself was 40 percent responsible. The jury also found that there had been $410,000 in damages, so $246,000 -- 60 percent of the total -- was awarded to the patient's family as compensation.
Nobody is perfect and sometimes it is the case that patients could have done more to prevent their health problems. But this does not excuse negligence on the part of medical professionals, who can be ordered to pay for their share of the damages they caused.
Source: The Journal, "Jury finds Bohlke, Allina negligent in wrongful death trial," Josh Moniz, April 27, 2013
]]>According to data compiled by the Minnesota Department of Transportation, 70 car crashes occurred in the area of the Lowry Hill Tunnel between 2007 and 2012. Many of these accidents involve heavy trucks, such as one on May 1 where a semitrailer truck smashed through the median barrier outside the east end of the tunnel, triggering a multi-vehicle collision and massive traffic jam. Another accident in 2008 resulted in the death of a motorist when he was rear-ended by a truck.
]]> One suggestion has been to straighten out the section of freeway near the tunnel. At present, I-94 takes an almost 90-degree turn at the tunnel, which is a sharp turn by Interstate highway standards. MnDOT is planning a major roadwork project on the highway to begin no later than 2017. But the presence of a number of large, historic churches in the area makes a realignment of I-94 unlikely.The major factor in accidents appears to be motorists' speed in the tunnel area. The posted speed limit is 55 mph, and the recommended speed is 35 mph. Unfortunately, many drivers exceed these speed limits. Excessive speed has been identified as a factor in 20 percent of the car accidents in the area.
I-94 drivers should remember that "everyone does it" is no excuse for negligent driving. A car accident victim may be eligible to recover damages from a negligent driver.
Source: Star Tribune, "Lowry Hill Tunnel crashes spark safety concerns," Tim Harlow, May 6, 2013
]]>The first problem is that the underride guards currently installed may not be strong enough to prevent serious injury. A national crash analyst has revealed that the guards found on trucks in the United States do not provide protection to car drivers from impact at speeds as slow as 25 miles per hour. This is the case even when the underride guards in question meet the requirements of federal and state law.
]]> The second problem is that many truck owners do not provide proper maintenance for their underride guards, and the guards do not meet the requirements of the highway laws. This reduces their effectiveness in a truck accident even further. A reporter in another state discovered a truck, owned by a Minnesota company, that had a rusted and bent guard system on the trailer of one of its trucks. Not only is this illegal, the owner could be found liable for any injuries resulting from poor maintenance of the trailer.A third problem is the lack of side guards on trucks in the United States. This allows cars attempting to merge onto a freeway to get wedged beneath a truck's trailer. One unfortunate driver recounted how he and his car were dragged for several miles under a trailer after a semi-truck crash. The man suffered permanent disability as a result of this experience.
A collision with a truck trailer can cause devastating injuries, including serious head injury. Anyone who has been injured as a result of truck driver negligence may want to review their legal options as soon as possible.
Source: theINDYchannel.com, "Underride guards, metal barriers on back of large trucks, often fail to protect drivers," Kara Kenney, April 29, 2013
]]>Residents of a Coon Rapids neighborhood reported to police that they heard the sound of a thunderous crash at around 10 p.m. on April 23. When they emerged to have a look around, they noticed that an automobile had apparently just smashed through the back of their neighbor's garage. The driver of the car allegedly left the scene shortly thereafter.
]]> Police said that they found a man and a woman on the patio behind the garage. Both were injured and they were transported to the hospital. They were apparently struck by the car just before it smashed into the garage.According to the police, officers investigating the car accident encountered the person they suspected of driving the car. Police said that he showed signs of having consumed too much alcohol. He apparently had difficulty maintaining his balance and suffered from slurred speech. The man was charged in Anoka County with driving while impaired and criminal vehicular operation.
The suspect seems to have a history of being a drunk driver. His criminal record reportedly shows previous convictions for driving while intoxicated. He also has been convicted of leaving the scene of an accident.
The consequences of this kind of accident can be severe. Serious injuries can result when a drunk driver strikes a pedestrian or even somebody minding their own business on their patio. Beyond seeing the driver charged in criminal court, the victims of the drunk driver may be able to still seek compensation from the driver in civil court.
Source: Pioneer Press, "Coon Rapids man drove through garage wall when drunk, police say," Sarah Horner, April 26, 2013
]]>According to police, a group home resident was fatally injured in a collision involving the group home's van in which he was riding. Police said that the driver of the van ran a red light and was struck by a sport utility vehicle. The force of the collision propelled the group home's van into another vehicle waiting at the intersection.
]]> The man was transported to Hennepin County Medical Center, where he died the afternoon of April 22. He was 66 years old.The van involved in the fatal car crash was owned by a West St. Paul corporation that is a service provider for disabled individuals. The police were considering charging the driver of the van for her role in the collision.
Whenever a driver is in charge of a large vehicle containing vulnerable adults, it is essential that the driver obey all traffic signals. It is much better to arrive at the destination a little bit behind schedule than it is to risk a potentially deadly accident.
If a death results from a motorist committing a moving violation, that motorist may have breached her duty to others on the road. The motorist may be liable for the resulting damages from the loss of a loved one. These damages may include pain and suffering and loss of companionship.
Relatives of those killed in this kind of accident will want to act relatively quickly to preserve their rights. Personal injury lawyers are familiar with the pertinent statutes of limitations and can advise loved ones of their options.
Source: Star Tribune, "Man dies in Apple Valley crash when group home van runs red light," Paul Walsh, April 24, 2013
]]>The study examined data from successful medical malpractice claims made between 1986 and 2010, which by law are reported to the federal government. The top cause of successful claims during this time period was delayed, incorrect or missed diagnoses. Twenty-nine percent of all claims were spurred by these diagnostic errors.
]]> By way of comparison, treatment errors were responsible for 27 percent of malpractice claims, surgical errors for 24 percent, mistakes made during childbirth account for 7 percent of claims and medication errors for 5 percent.Not only are diagnostic errors the commonest medical errors, they are also the most expensive and most lethal. Thirty-five percent of malpractice payouts and 39 percent of deaths resulting in a malpractice claim come from diagnostic errors.
Shockingly, surveys of autopsy reports indicate that at least 10 percent of all American deaths result from conditions that were never diagnosed. Over 40,000 deaths in the United States fall into this category. About 50 percent of these deaths were from conditions that were amenable to treatment.
Many physicians will say that diagnosis is a difficult and complex process and that a misdiagnosis will sometimes happen under conditions of uncertainty when the doctor is pressed for time. But all doctors are expected to perform their jobs in accordance with a standard of professionalism. A doctor's failure to meet this standard may constitute professional medical negligence, for which the doctor could be required to provide compensation for the damages caused.
Source: The Washington Post, "Diagnostic errors are leading cause of successful malpractice claims," David Brown, April 22, 2013
]]>This is apparent in the case of a truck accident that happened on Interstate 94 near the Twin Cities. According to authorities, two trucks collided on I-94 near Menomonie, Wisconsin, in late July of last year. The driver of one of the trucks, a Minnesota resident, was killed as a result of a fire that erupted in his rig after the tractor-trailer crash.
]]> Accident reconstruction investigators reported that the other driver had pulled out of a highway rest stop when his truck was rear-ended by the truck driven by the Minnesotan. Although the other driver reported that he was proceeding at highway speed when the semi truck crash occurred, witnesses stated that his truck was stopped in the right lane of the freeway.If the strange behavior alleged weren't bad enough, the truck driver who survived is reported to have told police that he had been smoking synthetic marijuana before the crash happened. Although the driver later tested negative for illicit substances, his statement is likely to come back to haunt him. He was charged with felony homicide by negligent operation of a vehicle, and the judge in his criminal trial rejected a defense motion to prevent the jury from hearing the statements.
Stopping on an Interstate highway without a good reason and ingesting intoxicating substances are two examples of potentially negligent behavior on the part of a truck driver. Truck driver negligence can result in liability to the victim of the negligence. If a police investigation reveals that this kind of activity occurred, the evidence may be presented to a judge and jury in a civil trial.
Source: The Dunn County News, "Judge won't suppress trucker's statements following fatal crash," Barbara Lyon, April 13, 2013
]]>The car accident happened in the early morning hours of April 15 on a county road east of the St. Croix River. According to police, a car driven by a St. Paul man was proceeding northbound when it began to skid at a curve in the road. The car entered the southbound lane and struck another vehicle. The man was killed in the crash; the occupants of the other car, who were also from the east metro, were hospitalized.
]]> According to the local sheriff's office, weather conditions likely played a role in the crash. The roads in the area were reported to be icy.Given the chilly weather that gripped the upper Midwest this April, motorists must be mindful of weather conditions and adjust driving speed accordingly. If the temperature is near the freezing mark, any rain that falls could freeze on the roadway, making for slick driving conditions. This is especially true in rural areas that salting and sanding trucks don't reach.
It is fairly common for a car accident victim to discover that the other motorist -- the negligent driver -- was either killed in the crash or passed on later. In this case, the victim is still eligible to seek compensation for lost wages, pain and suffering and other losses. A complaint would be filed against the estate of the negligent driver. Settlements or judgments would likely be paid by the late driver's insurance company, as usual.
Source: Pioneer Press, "St. Paul man killed in St. Croix County collision on icy roads," April 16, 2013
]]>The pilot of a medical helicopter was texting, which led to a crash that killed four people. The pilot was distracted and did not check his fuel. The plane ran out of fuel and crashed a mile short of the airport. The National Transportation Safety Board has announced that this is the first commercial accident that ended in fatalities in which texting was involved.
]]> As a result of the accident, federal investigators have issued a safety alert warning to all pilots against cell phone usage and other electronic devices during operation. In the above case, the pilot was not texting during the crash, but exchanged at least 20 messages during the course of the flight, which was just under two hours. It appears the pilot was planning a dinner date with a female co-worker for later that evening.The families of the victims of this horrific accident will have a cause of action for wrongful death. A plaintiff in a wrongful death suit must meet certain requirements in order to be successful. The requirements that must be met include showing that there was indeed a death of human being caused by the negligence or willful misconduct of an individual or entity and a showing that the surviving members of the family are suffering financially as a result of the death. Wrongful death suits can occur in multiple scenarios including car or plane accidents, medical malpractice and even deaths that occur while engaging in a supervised activity, such as a sports practice.
Losing a loved one is a feeling that cannot be put into words. Minnesota residents facing such horrible circumstances may feel confused and angry and overcome with grief. These individuals deserve to have their rights protected at a time when they are most vulnerable.
Source: Star Tribune, "Pilot of fatal medical helicopter flight was texting, didn't check his fuel, investigators say", April 9, 2013
]]>A 17 year-old girl went into the dentist to have her wisdom teeth removed. This is by most medical standards, a routine procedure in the world of dentistry. During the surgery, the victim went into a coma due to a lack of oxygen to the brain. She was pronounced dead 10 days later.
]]> Her surviving family members later filed a medical malpractice civil suit claiming negligence and fatal medical errors on the part of the surgeon and anesthesiologist. The suit accuses the doctors of failing to revive the victim after her heart rate became dangerously low. The defense argued that the victim had pre-existing conditions that may have contributed to her death. The autopsy report, however, showed the teenage girl to be healthy and have no medical history that would lead to death. The case has been settled for an undisclosed amount outside of court.Medical malpractice can take many forms that Minnesota residents might not be aware of.
If an individual is harmed by the negligence of a doctor in any phase of treatment or diagnosis, a medical malpractice suit is possible. Depending on the circumstances, the hospital or even the state or federal agencies that oversee the hospital may be held liable. Prior to a suit being filed, plaintiffs in a medical malpractice claim must file a certificate of merit. A medical professional will review the facts of the case to determine if the medical practitioner in question deviated from the standards of the profession.
The injury, or in some cases, the death of a loved one due to medical practice can be a scary confusing time. It is vital that any Minnesota resident who is dealing with such hardship to seek out answers for their particular situation and make sure their rights are protected.
Source: The Baltimore Sun, "Malpractice claim in teen's wisdom teeth death settled out of court", April 3, 2013
]]>MnDOT will be closing the median crossings at two intersections on State Highway 65 in Fridley. The modifications will be happening at Fireside Drive Northeast and 68th Avenue Northeast. After the median crossings are closed, motorists will not be able to make left turns at the intersections. The work is expected to be finished by early May at the latest.
]]> Motorists will still be able to access the left sides of the highway, but they will have to proceed to an intersection farther along and do a U-turn. Although this arrangement may not initially be popular with residents and businesses in the area, research in other states has demonstrated that fewer car crashes and fewer catastrophic injuries result when this intersection design is implemented.MnDOT's action comes after an auto accident at the Fireside Drive intersection left one dead. A van at the intersection struck a motorcycle driven by a Fridley firefighter on March 31, 2012. The man succumbed to his injuries several days after the collision. Another major accident happened less than three months later; fortunately, no one was killed in that crash.
Other improvements to Highway 65 in the north metro have been scheduled. The pedestrian bridge of a high school in Spring Lake Park is set to be upgraded in May, and more improvements to crosswalks, bus stops and guardrails are set for 2014.
Regardless of whether a dangerous intersection is slated for improvement, motorists should exercise caution. Waiting a few seconds for a car to pass, or even doing a U-turn at a quieter intersection farther down the road, is better than potentially being a negligent driver. When a negligent driver causes an accident, the driver will have a legal responsibility to compensate the victims for damages.
Source: Fridley Patch, "MnDOT Closing Highway 65 Median Crossovers," Chris Steller, March 30, 2013
]]>The crash, allegedly a hit-and-run DWI accident, happened before 2:15 a.m. on March 30. The bicyclist was riding near the intersection of East Lake Street and Cedar Avenue South when she was struck by the driver of an automobile, according to eyewitnesses. When paramedics arrived, they found that the bicyclist had suffered very serious injuries and could not be revived.
]]> Eyewitnesses provided police officers with a description of the vehicle that struck the bicyclist. The police found a vehicle that matched the description and arrested a suspect. According to the police, the suspect showed signs of being intoxicated.The victim of the alleged drunk driving accident, a 28-year-old woman, was a prominent performer for various outdoor puppetry troupes in Minneapolis. Friends and colleagues said that she would be sorely missed.
Although a police spokesman noted that the bicyclist was apparently not riding with lights and a helmet, he emphasized that this was no excuse for drunk driving or for leaving the scene of an accident.
In addition to not driving drunk, motorists are reminded to be careful at intersections in Minneapolis. A recent report on bicycle accidents in the City of Lakes revealed that over 80 percent of these crashes happened 50 feet or closer to intersections. Three car-versus-bicycle accidents were recorded at the Cedar and Lake intersection between 2000 and 2010.
Anyone who is injured in an accident as a result of a drunk driver should look into their options for recovering damages. In cases like this one where the victim dies, the family may be entitled to compensation for wrongful death and other related damages.
Source: Star Tribune, "Friends grieve for Minneapolis bicyclist killed by hit-and-run driver," Matt McKinney, April 1, 2013
]]>A recent fatal DUI accident from just north of Minneapolis-St. Paul exemplifies this. According to news reports, on October 2, 2013, a 36-year-old man was riding home on a motorcycle in Isanti County when he was struck head-on by a vehicle traveling in the wrong lane. The motorcyclist was pronounced dead at the scene.
]]> According to authorities, a blood test revealed that the driver of the other vehicle had amphetamine and methamphetamine in his system the night of the car crash. The man, 46, evidently admitted using methamphetamine a few hours before the crash, and had a 25-year history of using the substance.Not only was the operator of the other vehicle apparently driving while intoxicated, he also seems to have been using an unsafe trailer configuration. Authorities said that at the time of the crash, he was using a Mercury Sable to pull a much heavier Ford F-150 pickup truck on a trailer. Further, the trailer lacked functioning brakes, meaning that the brake system on the mid-size sedan was responsible for stopping the momentum of the large pickup truck as well as the sedan.
The driver of the Sable pleaded guilty to criminal vehicular homicide. On March 20, he was given a sentence of six years, nine months in prison and supervised probation.
The victim impact statements of the motorcyclist's family and friends show the terrible aftermath of the other driver's negligence. Many of the statements cite the victim's compassionate nature and his engaging sense of humor, and they emphasize what a devastating loss they suffered when he died.
Source: Isanti County News, "Princeton man sentenced to 81 months in death of Isanti motorcyclist," Rachel Kytonen, March 27, 2013
]]>The subject of the news story is a fatal car crash that occurred on September 12 where State Highway 149 meets State Highway 55. The passenger of a Mini Cooper was killed after the driver of a van struck the small car broadside as the driver of the car was trying to make a left turn, according to a criminal complaint.
]]> The passenger in the Mini Cooper was 68 years old, and was just shy of her 50th wedding anniversary. Her husband was the driver of the Mini Cooper.A problem has arisen for those whose job it is to determine exactly what happened, and it is a common problem in resolving what happened in a major car crash. Namely, the complaint said that there were differing accounts of what happened just before the fatal accident took place.
According to the driver of a vehicle behind the Mini Cooper at the time of the accident, the driver of the Mini Cooper had the right of way at the intersection. However, the driver of the van indicated that he was proceeding on a green light at the time of the accident.
For people who have suffered damages as a result of another person's negligence, it is important to keep in mind that the other person's account of what happened may be significantly different from what actually happened.
If the victim's loved ones go ahead with a cause of action against the other driver, the case will be decided by a judge or jury that was not present at the time of the accident. Thus, they will not know from personal experience who is actually right. Effective advocacy by experienced professionals can make the difference in securing a good outcome.
Source: Star Tribune, "Misdemeanor charge against driver in crash that killed woman in Eagan," Paul Walsh, March 25, 2013
]]>On the morning of March 20, a bus driven by the Minnesota driver smashed into a Buick driven by a 74-year-old woman in St. Petersburg, Florida. The woman was badly injured in the car accident; she had to be resuscitated by medical staff. Both the woman and her male passenger were transported to a hospital. She was listed in critical condition, and her passenger was also injured but was expected to live.
]]> The bus was carrying members of a baseball team from a college in southern Minnesota. The team was traveling to a tournament, but they missed at least one game due to delays caused by the crash reconstruction. The bus was owned by a Minnesota bus company.There is evidence that this auto accident could have been prevented. According to police, video from a traffic camera indicated that the bus proceeded through an intersection against a red light just before the collision. Authorities were continuing to investigate the crash, and indicated that criminal charges may be filed.
Also, the bus driver's driving record does not inspire much confidence. Over the past nine years, he seems to have racked up a number of violations and at least one petty misdemeanor relating to exceeding the speed limit.
Bus drivers have a duty to obey traffic laws and to keep a proper lookout for traffic. It is very important that they not breach this duty because of the catastrophic injuries that can result from a collision with a huge bus.
Source: Rochester Post-Bulletin, "RCTC baseball team invovled in crash," March 21, 2013
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