O'Brien Batten & Kirtley Personal Injury Blog

Wrong site surgery is more common than one might think

One of the nightmare scenarios a Kentucky resident might have before going in to surgery is that the doctor in charge is not going to operate on the correct organ or body part. In extreme cases, doctors have even been known to amputate the wrong limb, meaning a patient winds up with no legs rather than just one leg.

Although such incidents are never events, meaning they really should never happen in any operating room in either Kentucky or the rest of the country, wrong-site surgery is, albeit rare, actually more common than one might think.

Single-unit trucks can be very dangerous on the highways

Collisions involving trucks are often particularly dangerous on Kentucky roads. People tend to think of an over-tired tractor-trailer driver who may have been driving long distance more hours than regulations allow.

But how often is there news concerning a firetruck accident?

The causes of truck jackknifing

Many truck accidents happen in Kentucky when a tractor-trailer or other large commercial vehicle jackknifes while traveling on this state's highways. A jackknife happens when a truck's tires are no longer gripping the road to maintain traction meaning, just like a person who has lost his balance, the truck will start to travel in two different directions, the trailer going one way and the truck itself going another.

When this happens, the truck's trailer may sweep in to other lanes of traffic, catching other motorist unaware and hitting them with the full weight of the truck's trailer. Obviously, such a scenario can leave other Kentucky motorists seriously injured or even dead.

Woman dies in fatal hit-and-run collision

A young woman from Kentucky died on one of the roads of this state following a head-on collision. Authorities pronounced the woman dead at the scene of the accident.

The driver of the other vehicle involved in this crash has not been located and was obviously not injured seriously enough to prevent the driver from running away from the scene of the accident. Police say the driver who fled was moving west on the road but, for reasons that police do not understand, crossed the centerline and slammed in to the vehicle of the woman who died. Police have not said whether the suspect that alcohol or drugs were a factor in this accident.

Kentucky's texting and driving laws

Like other states, Kentucky has laws in place that prohibit drivers from texting and driving. However, while police in this state can do pull motorists over for violations of these laws, the penalty for breaking them is pretty tame.

In Kentucky, no one is allowed to text, which generally speaking includes instant messaging, emailing and searching the web, while they are driving. If police see someone texting while they are driving in this state, then they can pull that person over and issue a citation. This is the case even if the driver wasn't breaking any other traffic laws.

Hurt by a misdiagnosis? Know your legal options

A previous post on this blog discussed how, although not every misdiagnosis a doctor makes is a case of medical malpractice, many are. This is particularly true when a doctor draws hasty conclusions and acts on them without following an orderly process to get all of the facts straight.

Kentucky patients have the right to expect that their doctors are carefully assessing them in order to make sure that when their doctors make a diagnosis, it has the highest chance possible of being correct. Especially if their condition is serious, these patients therefore have the right to ask their doctors to compensate them for their hasty work or careless mistake.

When is a doctor's misdiagnosis a medical malpractice case?

Those Kentuckians who work in the medical field know that the practice of medicine still involves some amount of guesswork. As a result, doctors and other medical professionals have some leeway to figure out what is wrong with their patients, even if that process takes time and even if, initially, the doctor follows the wrong trail.

On the flip side, a delayed diagnosis or a misdiagnosis at the very best costs a patient valuable time and resources. Time in particular can be a precious commodity if the patient is in pain or the condition they are facing is serious. At worst, a mistaken diagnosis could mean a patient gets subject to a treatment that will only make their condition worse.

Is your elderly parent is a victim of medication errors?

Your elderly parent in a nursing home may be susceptible to medication errors. Misuse and overuse of medications are common in care centers for aging adults. According to an NPR report, nursing homes often prescribe antipsychotic drugs meant for bipolar disorder and schizophrenia for dementia and Alzheimer's disease. Improper or overmedication of these drugs can lead to severe complications - and even death.

How do you know if your parent is dealing with harmful medication errors? What can you do about it? Read below for how to recognize the warning signs and how to respond to protect your elderly parent. 

Bedsores are preventable injuries

When a Kentucky family makes the painful decision either to put a loved one in a nursing home or, at least, strongly suggest that the loved one make that decision, they do so trusting that the facility which they choose will do their utmost to take care of their new patient and make sure they are comfortable and well-provided for in what is often the last months or years of their life.

Sadly, any nursing homes in Kentucky, either through outright disregard for the well-being of their patients or simply because they are too busy to handle their patient load, do not meet their obligations and allow preventable ailments to cause sometimes serious and permanent harm to the people the home is supposed to be protecting.

Boy riding bicycle killed by hit-and-run driver

Tragically, a boy was killed in Covington, Kentucky, while he was riding a bicycle down the street. Apparently, the driver of a pickup truck did not see the boy and hit him while he was riding his bicycle, immediately killing the child.

The driver of the pickup which struck the boy took off after the accident, but policy later found him close to the scene. The police investigating the case arrested the driver for leaving the scene of an accident, but there was no indication that the driver had been charged with a DUI or other drug or alcohol violation.

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