Sacramento Personal Injury Lawyer - Miscellaneous - Most Commented

Medical Marijuana, ID Cards, and Sacramento County

Amber Wheat — Thu, 18 Dec 2008 16:19:17 GMT

Since 1996, medicinal use of marijuana for certain medical cases has been legal in California. In 2003, the state decided that ID cards should be issued on the county level to identify patients who are allowed to posses and use marijuana. Like a Drivers License, only a Users License.

Many people comment on articles like this and if they take the time to do that, they obviously feel very strongly about the subject. On one hand I understand that it is California law that allows this use, but on the other hand, it is still illegal under Federal law.

This issue confused me when California was voting on whether or not to give illegal aliens Drivers Licenses. I asked my grandfather, “If we know they are illegal, aren’t we supposed to deport them?” He then explained to me that the INS is a federal agency and the DMV is run by the state. Bureaucracy at it’s best. The state is not required to deport illegal aliens, nor or they required to talk to the federal government and tell them who they are. Fair enough.

But what if those illegal aliens got in a collision and injured somebody, are they required to carry insurance as well? Well what if a person legally using marijuana for medicinal purposes gets in a collision and injures somebody? Should they be required to carry extra insurance? The fact is, smoking marijuana impairs your senses. Are these people going to be given leniency because they were driver under the influence legally? I think not. Will they be punished more harshly because they were under the influence of drugs and not alcohol? Probably. Is that fair? Heck, no!

Where does the liability end? If the state takes control of medicinal marijuana and requires pharmacies to hand it out, does the pharmacy take on liabilty? Does the state? If the worst should happen, what happens to these patients? If we issue these ID cards, does it give these people free reign to grow, distribute, and smoke marijuana?

It is a very controversial issue and I would like your opinion on it. At this point I really feel that if Sacramento County issued this ID cards, they are giving permission for these patients to be more open with their treatment and the county could be held responsible. It is known that marijuana impairs judgement, it is foreseeable that a patient may drive after receiving a treatment, it is probable that the impaired patient will cause a collision. And it could be argued that it was done with the county’s permission.

What do you think? Am I way off base here? Has anyone else thought about possible repercussions?

Originally posted at InjuryBoard by Amber Wheat

Risks of Radiological Studies

Amber Wheat — Wed, 04 Mar 2009 17:53:36 GMT

Yesterday, MSNBC reported on a study by the National Council of Radiation Protection and Measurement. The report stated that Americans are exposed to seven times the radiation that they were in 1980. It goes on to accuse doctors of requesting radiological scans because it pads their pocket books instead of for the benefit of the patient.

After reading the recent post on the risks and benefits of radiological studies by my boss, Barbara, I was concerned that reports like this would confuse people and ultimately cause them to make dangerous choices.

We all understand that radiological scans emit radiation right? But when doctor thinks it’s necessary to diagnose a problem, I am not about to tell her “No, thank you.” This morning MSNBC staff writer Clara Moskowitz posted a great piece in response to the report from yesterday. She explained the flaws in the data and logically rationalized the increase in exposure to radiation. I was glad to have both sides of the argument represented and I respect MSNBC for that.

Yet another article was featured today regarding a new use for PET scans. Doctors who work with cancer patients may be able to tell if the treatment is working in as little as one day eventually. The NCRPM is probably cringing at the suggested regular use of these scans which are very similar to CT scans, but doctors are looking forward to reducing costs of expensive treatments that may not be working. And patients are looking forward to not having to wait six weeks to know if treatment is working.

We are left with a dilemma here. Are Americans being overexposed to radiation? The technology is here now and it can’t be undiscovered. CT scans, X-rays, and PET scans increase the quality of care we receive. Let’s look at the pros and cons.

Pros
Quicker Diagnosis of Problems
Quicker Assessment of Treatment
Discovery of Unconnected Issues
New, Less Invasive Cancer Treatment

Cons
Expense
Risk of Overexposure to Radiation (more likely that you’ll die from drowning)

Are there any other benefits? Are there any other risks? As for me, I would rather risk the exposure to radiation and know what is going on in my body. What would you choose?

Originally posted at InjuryBoard by Amber Wheat

Great book on burn injuries

Ed Smith — Mon, 06 Nov 2006 16:36:17 GMT

I just finished a wonderful book which would be a great starting place for young attorney's dealing with a burn injury case. It is called BURN UNIT and is sold on Amazon.

If you are specifically interested in learning about what goes on in a burn unit or what goes on in a patient's body after they are burned, then this is an amazing book. It is very informative. The author talks about historical fires and how they contributed to medical knowledge about burns, the physiological changes that occur in a human's body after becoming burned, and the medical treatment. She also personalizes the burn unit by showing actual people who suffered a burn and showing their progress.

Another useful publication from Amazon is Nationwide Trends in burn injury Verdicts and Settlements.

Originally posted at InjuryBoard by Ed Smith

Who is responsible for a dog attack

Jessica Grigsby — Wed, 27 Apr 2011 16:22:49 GMT

Anyone who has been attacked or bitten by a dog understands how frightening and painful of an experience it can be and how it can lead to long-term consequences. Because of the serious nature of dog attacks, it is important to know that a victim does have legal recourse. But, who exactly is responsible for a dog attack?

Generally, if you have been the victim of a dog attack, the person against whom you can seek recovery is the owner of the dog. In fact, the majority of states in the country have statutes that specifically establish owner liability for when their dogs attack, requiring the dog owner to fully compensate a dog attack victim. In these states—which includes California—ownership of the dog is the only thing a victim has to prove in order to recover. This general rule applies so long as the attack happened in a public place or when the victim was legally on the owner’s property.

Unfortunately, for some victims of dog attacks, the owner of the dog is not known. Perhaps the attack happened in a public park or while walking through a neighborhood. In other cases, even if the owner is known, the victim may seek recovery against someone who is not the owner. Under certain circumstances, someone other than the dog’s owner might be held responsible. For example, a landlord or even a homeowners association might be held liable. In cases that do not involve the actual owner of the dog, however, proving liability will often be more complex because it will often involve proving that the person being sued had some prior knowledge of the dog’s viciousness and failed to take adequate steps to prevent an attack from happening.

The Demas & Rosenthal personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas & Rosenthal will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well.

Originally posted at InjuryBoard by Jessica Grigsby

When a Welbilt Cooker isn't....

Laura Mackie — Mon, 04 Dec 2006 09:35:42 GMT

On-line retailer QVC has issued a voluntary recall of an electronic pressure cooker sold via its telemarketing channel, web page and toll-free number from March 2001 through April 2001. The cooker was sold for $120.

Selling under the name "Welbilt", the pressure cooker measures 11-inches-high, 11-inches-wide and 15-inches-long and was sold in white. The recalled electronic pressure cooker was sold under model number PC501. The model number PC501 is located near the control panel, on the label near the bottom of the unit, and on the very bottom of the product.

The recall is based on 43 reports of failure incidents reported by another retailer that sold the same model Welbilt electronic pressure cooker. There were 37 reports of burn injuries to consumers when the lid on these pressure cookers opened prematurely while contents were under pressure. The known burn injuries include various degrees of burns, including at least four third degree burns.

If you purchased one of these cookers or have experienced a product failure, please discontinue using the unit immediately and contact our offices with further questions.

Originally posted at InjuryBoard by Laura Mackie

Should you worry about throwing a summer party in California

Jessica Grigsby — Tue, 26 Jul 2011 16:11:09 GMT

If you’re someone who enjoys hosting parties at your home, providing food and drink so that your guests have a good time, you should be aware of what is known in California as “social host liability”. Social host liability generally refers to whether or not a host of a party where alcohol is served can potentially be held civilly liable for accidents and injuries caused by someone who became intoxicated at the party. The laws vary by state, and the law recently changed in California, so it’s worthwhile to take a look at it.

When an intoxicated person causes an accident or injury, including car accidents, it is not uncommon for the injured person to sue, and then questions about causation arise: who actually caused the accident to happen? Was it the intoxicated person who chose to drink too much? Or was it also the host who decided to serve alcohol in the first place? Some states’ laws say that the causal chain goes all the way back to the person who served alcohol—the host—and that the injured person can sue the host. But that is not the general rule in California. Here, social hosts who provide alcoholic beverages to people in general cannot be held legally accountable for damages to that person or anyone else that stem from the alcohol consumption.

The one exception to this rule is if a host knowingly serves alcoholic beverages to a minor. Then, the host MAY be subject to liability. Of course, just because it is possible to sue a host doesn’t mean that they will definitely be held liable. The person brining the lawsuit will still have to show to that providing alcohol to the minor is actually what caused the injury or death to occur.

If you are providing your guests with alcohol, it is always best to exercise caution and be a responsible host. Know the people who are attending your party and whether they can legally drink. Keep an eye on your party and on how much alcohol is being consumed. Make sure that intoxicated guests don’t get behind the wheel of a car. Regardless of the potential for civil liability—or even criminal liability, which is a separate issue—you can make sure that your parties and the memories surrounding them are fun.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients for almost twenty years. Every Demas & Rosenthal attorney takes great pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby

Sports Injury Statistics & Safety

John Demas — Mon, 04 Apr 2011 12:47:39 GMT

Nearly 30 million children and adolescents in the United States participate in youth sports activities. While sports are a great way for children to stay healthy and active while learning valuable life skills, participation is not without its risks. Specifically, each year, more than 3.5 million kids under the age of 14 receive medical treatment for some sports-related injury each year. Knowing a little bit of detail about these injuries and when they occur can help us to prevent their occurrence. In fact, more than half of all sports injuries in children are in fact preventable. So, what does the data tell us about these injuries? Here are some brief sports injury facts:

Overuse injury, which occurs over time from repeated motion, is responsible for nearly half of all sports injuries to middle-and high-school students. Immature bones, insufficient rest after an injury and poor training or conditioning contribute to overuse injuries among children.
Most organized sports related injuries (62 percent) occur during practices rather than games. Despite this fact, a third of parents often do not take the same safety precautions during their child's practices as they would for a game.
Injuries associated with participation in sports and recreational activities account for 21 percent of all traumatic brain injuries among children in the United States.
Children ages 5 to 14 account for nearly 40 percent of all sports-related injuries treated in hospital emergency departments. The rate and severity of sports-related injury increases with a child's age.

The good news behind these statistics is that everyone involved in youth sports—coaches, athletes, parents and even spectators—can help to prevent them. If you have children who participate in youth sports, as a parent you can: take a proactive stance by educating yourself on the safety issues specific to your children’s chosen sports and then insist that precautions be put in place; encourage your children to engage in diverse sports activities to guard against overuse; ensure the organizers of your children’s activities have policies in place to ensure safe play.

If you’ve signed up to coach a youth sports team, some safety tips to keep in mind are: maintaining emergency contact information and medical release forms for your players; preparing for emergencies by having a first aid kit on hand; preventing accidents by carefully inspecting playing equipment and facilities; ensuring that the players get plenty of breaks and stay hydrated; and implementing safe habits at competitions and practices.

Originally posted at InjuryBoard by John Demas

Bicycle Injuries and Children

John Demas — Mon, 21 Mar 2011 18:50:12 GMT

With spring already upon us and summer just around the corner, we’re starting to see more and more families getting out bicycles and taking to the streets and sidewalks to enjoy the longer hours of daylight. In fact, the organization Safe Kids, reports that more than 70 percent of children between the ages of 5 and 14 ride a bicycle regularly. It’s great to see kids enjoying some healthy activities outdoors, but there is unfortunately a dangerous side to bicycle riding. While we may all be aware of the risk of bicycle-related injury and even death in a general sense, a closer look at some of the statistics can be quite startling.

For example, data from the National Highway Transportation Association indicates that in 2009, 630 cyclists were killed and 51,000 were injured in accidents that involved a bicycle and a motor vehicle, making up 2% of all motor vehicle traffic fatalities. The majority of these fatalities—70%--occurred in urban areas. And about three-fourths of the fatalities occurred during daylight hours. Cyclists under the age of 16 accounted for 13% of all cyclists killed.

Injury—oftentimes preventable injury—is in fact the leading cause of death among children ages 14 and under and bicycle-related injuries specifically one of the leading causes of childhood morbidity. Looking at data that reveals more specific information, every year, approximately 140 children under the age of 14 are killed in bicycle accidents and another 275,000 children sustain bicycle-related injuries. These statistics mean that, aside from automobiles, bicycles are the cause of more childhood injuries than any other consumer product.

Bicycle accidents involving children—both fatal and nonfatal—generally occur during the warmest months of the year between May and October. The majority (58%) occur at locations other than an intersection and between the hours of 2 – 8 pm.

Spending a little time reviewing the injury statistics for children bikers brings into focus the ongoing need to promote safe bicycling habits at home. These habits include, among other things:

Proper helmet use,
Wearing bright, reflective clothing
Properly adjusting the bicycle to fit the rider
Knowing and following the rules of the road
Keeping children under the age of 10 off the street and confined to sidewalks.

By following some basic rules, you can help ensure that preventable injuries are in fact prevented.

Originally posted at InjuryBoard by John Demas

Dog Bites

John Demas — Thu, 27 Jan 2011 18:53:33 GMT

Dogs can be a man or a woman’s best friend. Dogs provide a companion and perhaps more importantly, they won’t talk back. But not all dogs are quite so loving. Some dogs will bite and those bites can prove dangerous if not properly treated. Two types of wounds can occur from a dog bite. The first is a puncture wound which results when the dog's teeth penetrate the skin. Puncture wounds are very prone to infection. The second is a laceration, which occurs when the dog's teeth penetrate and tear the skin. It is this type of dog bite wound that most often requires stitches. So how do you effectively treat dog bites?

Safety Measures
Following a dog bite you should take the steps described below.

Ensure Your Safety
Make sure and secure the dog or the victim. It is critical to ensure that the victim is not at risk of another attack. Another attack can be avoided by instructing the dog’s owner to restrain the dog, or if that isn’t possible, by moving the victim to another location.

Protective Precautions
If you are not the victim, ensure your own safety as well. Wear personal protective equipment, if available, before approaching the dog.

Control Bleeding
Slow the bleeding by plugging the hole and putting pressure directly on the wound. Gauze pads or terrycloth towels are effective. If the gauze or towel soaks through with blood, add another layer. Never take off the gauze.

Clean the Wound
Once the bleeding has stopped, clean the wound with soap and warm water. Make sure and rinse all the soap away or it will cause irritation later. More comprehensive instructions are available here.

Cover the Wound and Look for Signs of Infection
You should cover the wound with a clean, dry dressing. Antibiotic ointment can be used on the wound. Watch for signs of infection:

· Redness

· Swelling

· Heat

· Weeping puss

Call a Physician
You should speak with your physician to determine if you need to be seen. Some dogs bites will require treatment with antibiotics.

Check for Rabies
An unidentified dogs runs the risk of carrying rabies. If a victim is bit by such a dog, he or she must seek immediate medical attention. Rabies is deadly if untreated.

Stitches
The wound may require stitches. If the wound is on the hand or the face, you should see a physician as scarring and loss of function can occur.

Conclusion
A dog bite is not something to be taken lightly. Dog bites can result in minor injuries or very severe injuries. If a victim contracts rabies, death can occur. As a result, it is critical to know how to treat a wound quickly and effectively. If there is any doubt, a victim should contact his or her physician. Dogs can be playful and loving animals, but they also bite. Victims should not underestimate the danger of a dog bite or the necessary treatment.

Originally posted at InjuryBoard by John Demas

Parents can make a difference!

Jessica Grigsby — Thu, 23 Dec 2010 12:06:52 GMT

Safety campaigns aimed at teaching children good safety habits are everywhere you look these days. They range from promoting seat belt use to teaching bicycle safety to avoiding drugs and alcohol to safe driving habits to name just a few. These efforts underway in schools, community centers, and recreational programs play a vital role in educating our children about how to stay safe and health and avoid falling victim to preventable injury. The most important safety campaign, however, is one that takes place in the home and starts with parents.

We all know that children learn through imitation and parents serve as role models for shaping behavior. In the context of safety practices, children will imitate their parents’ behaviors and practices—whether positive or negative. So, it is important that parents serve as positive role models and set good safety examples through their own behavior.

In 2005, Safe Kids USA released a study that examined the important role that parents play in teaching children safety practices in a variety of activities, including seat belt use, pedestrian safety, and bicycle helmet use, among others. The study revealed that the majority of children do in fact see their parents as role models of safe behavior. In addition, children were more likely to practice safe behaviors—such as wearing seat belts, using a bike helmet, or putting on a life jacket—if the parents also practiced that safe behavior. In addition to leading by example, the study highlighted the importance of parents discussing safety issues with their children. When children perceived a safety issue to be important to their parents, or had discussed it with their parents before, they were more likely to engage in that safe behavior.

Overall, the Safe Kids research, along with our own common sense about how children learn, reveal a few basic things that parents can do in their at home safety campaigns:

Educate yourself about safety practices for activities that you participate in
Use safety campaigns in schools and other activities as opportunities to learn from your children and reinforce what they are learning. Children view themselves as safety role models as well.
Talk to your children about safety practices that are important to you—when children perceive a behavior as important, they are more likely to engage in it.
Lead by example. The “do as I say and not as I do” approach to teaching safety is not nearly as effective as setting a good example through both words and actions.

Originally posted at InjuryBoard by Jessica Grigsby