Sacramento Personal Injury Lawyer - Miscellaneous - Most Popular

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

Fires In Hospitals - Causes And Solutions

Edward Smith — Thu, 01 Feb 2007 02:25:26 GMT

Although fires in hospitals have shown a downward trend in the USA and Canada in the past few decades, the incidence of the same is still a cause of great loss to life and property and a general awareness regarding the fire safety norms needs to be stepped up. The staff of the hospital should be properly trained to deal with fire emergencies particularly with regard to the use of fire extinguishers. As compared to the hospital buildings of the 1940s and 1950s, when wooden frame construction, open stairways and corridors, flammable gases and inadequate electrical equipment were the norms, the modern day hospital buildings are less prone to fire outbreaks.

Causes Of Fires In Hospitals

Fires in hospitals can cause far greater damage than fire in other buildings because of the presence of oxygen and other inflammable substances in the hospital and due to the inability of the patients to move away from the fire speedily. Most fires in hospitals, however, start from the kitchens and in rooms where the fire ignites or in places with beddings or clothing that are near the ignited fire. The other factors that could lead to fires in hospitals are cooking, electrical short circuits, various appliances and equipment and the careless discarding of things. The presence of large quantities of fabrics, plastics, wire insulations and grease along with other cooking material also add fuel to the causes of fire. Basically, the presence of heat, fuel and oxygen acts as a catalyst in spreading the fires in hospitals.

Fire detection is normally carried out by automatic alarm or by the staff that operates the call points. The spread of the fire is restricted by passive means and it is left to the fire service to evacuate the patients and the staff along with the task of controlling and extinguishing the fire.

Solutions For Better Control Of Fires In Hospitals

Various steps to improve safety conditions in hospitals have been in use for the past sixty years. These are: widespread use of smoke and fire detection equipment, use of fire doors with automatic closing mechanism, better management of fire safety procedures, better building designs for maintaining fire safety standards and uniform fire safety standards throughout the country.

Constant efforts are being made to improve the strategies for fire control so that the fire can be detected at an early stage and also for controlling the fire automatically and protecting the people inside the hospital particularly in the room where the fire started. Fire sprinklers are now being used extensively as they are very reliable, unobtrusive and cost-effective. These sprinklers can detect the fire as soon as it starts and they discharge water in the affected areas immediately. An alarm is sounded and the smoke quantity and temperature is reduced and with the reduction of the buoyancy and spread of the smoke, the fire is suppressed easily. The sprinklers also use far less water than the conventional fire services.

Originally posted at InjuryBoard by Edward Smith

Progressive Insurance Spies on Church Group

Ed Smith — Fri, 24 Aug 2007 13:58:48 GMT

An unbelievable story to some, but just old hat to attorney's who deal with Progressive Insurance and their outrageous behavior almost every day.

Today, it was reported that detectives hired by Progressive Insurance became members of the Southside Christian Fellowship Church in Atlanta in August 2005 in order to get damaging information on two church members involved in a traffic accident.

The detectives talked their way into private support groups where members discussed topics such as abortions, sexual orientation and drug addiction.

In several cases I am aware of in Northern California, Progressive has used detectives in a very aggressive way to shadow people involved in accident claims.

Today, the CEO of Progressive Insurance issued an apology for such behavior stating it was not within company guidelines a day after this story made the front page of Atlanta Newspapers.

Wonder when he'll issue an apology for all the other detective work Progressive rather routinely seems to do in accident cases?

For more information on this subject matter, please refer to our section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Ed Smith

The "Egg Shell" Client

Laura Mackie — Wed, 29 Nov 2006 21:05:10 GMT

When it comes to evaluating a client's injury for possible settlement, there are many factors to take into consideration. It is often the position of defense counsel and/or insurance carriers that pre-existing conditions do not substantially increase the value of a claimant's general damages. There is also the possibility that any claim for damages will be "devalued" by opposing counsel based upon the age of the claimant. So what factors should the knowledgeable litigator take into consideration when a client presents with an injury of mild to moderate severity in addition to a pre-existing condition?

Despite arguments to the contrary, there is substantial medical evidence to prove that pre-existing medical conditions and age have a negative effect on mortality after injury . This is expecially so in cases where the pre-existing condition is combined with low to moderate severity injuries. Medical studies have also shown that there is an increase in mortality with increasing age at all levels of injury severity.

In view of the supporting scientific data, the value of a client's claim for injury INCREASES in value where a pre-existing condition is a factor. Older clients with pre-existing conditions stand to suffer greater discomfort, wil take longer to heal and will often face greater residual effects from a new injury. The stress and emotional disturbance which is normally associated with an injury is often much greater when a client is already dealing with a pre-existing medical condition.

Originally posted at InjuryBoard by Laura Mackie

Maximizing Your Fun on the Ski Slopes

John Demas — Thu, 22 Jan 2009 19:26:58 GMT

When you have been working too hard during the gray winter months or just need a change of scenery, a quick weekend trip to the nearest ski slopes can seem like the perfect antidote for your blues. Unfortunately, far too many of us pack our bags and head out before first stopping to recall how long it’s been since we last skied or how well we did that last time around. Some of us even acquire temporary amnesia so we won’t have to confront the arthritis and other ills that might stop a saner or more conservative adult from even making the trip. If you still decide to go, ask the resort’s ski instructor to recommend the best exercises to prepare you for your upcoming trip.

Regardless of whether you’re an outright daredevil or a skilled skier aching to take a run down a powdery white slope between the most majestic green trees, it would be wise to review the following checklist before even heading out on another ski trip.

Purchase or Rent the Best Equipment If your boots and skis won’t part company after a sudden fall, you’d better think twice about even leaving the ski lodge. Check ahead of time to see if your resort offers special packages including top-grade ski rentals, as well as lodging and food. Also, be sure the resort you’re heading for keeps well-maintained ski lifts.

Lose the Daredevil Within. We’ve all seen young teenagers head out on the ski lifts after a brief or cursory skiing lesson. All too often, they just wind up landing on their derrieres, much to their embarrassment. Speeding down the steepest or most advanced slopes won’t make you any younger – and it could permanently prevent you from ever growing a day older.

Avoid Skiing at Daybreak or Dusk. If you can’t see at least several miles into the distance, go grab another cup of coffee since many of the worst skiing accidents occur when people just can’t see very well.

Dress Warmly and Apply Sunscreen. While there will always be those who think wearing a thick coat, warm hat and sunscreen makes them look childish, make your own decisions. Avoiding frostbite and an unwanted sunburn really is the adult thing to do.

Plan Each Trip Down the Mountain Wisely. Most of us wouldn’t accept a ride in a car with a known drunk driver. Try to avoid making a similar mistake by heading for the slopes with those known for taking major skiing risks. Otherwise, you may wind up being the victim of their carelessness

Make Sure Adequate Safety Patrols and Paramedics Are Readily Available It’s also wise to only ski at a resort or lodge located near a fully-equipped local hospital. If you have to be airlifted to a better facility, the lost time could make or break your chances for a full recovery.

Get Adequate Rest. Far too many injured skiers try to get in “one more run” down the slopes before they leave. Only head out for the slopes when you know your reaction time and eye-hand coordination is at its best.

It’s our hope that all of your ski vacations wind up being both restful and happy events.

Originally posted at InjuryBoard by John Demas

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

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

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

The Roundabout

Amber Wheat — Mon, 22 Sep 2008 16:44:26 GMT

I was in France the first time I saw a roundabout. It is a feature of the road and it is very cool. It is a circle instead of a four-way stop. It is very neat to watch and kind of scary to drive in. When you come to the roundabout there are cars already circling. You must watch the traffic and merge in with them turning right into the roundabout and then following counter clockwise around. You go around the circle until you see the street you want and then exit (if you miss your exit, just circle around and catch it the next time). It is fun. I really quite enjoyed it, but I also was thirteen and not driving.

There is one roundabout in my town and I love any excuse to drive through it. There is also one up in El Dorado Hills that I know of. I like the idea of roundabouts solely because they are foreign and therefore intriguing. Roundabouts are different than how we normally drive. They are very fluid with constant motion.

Researchers are now saying that this type of driving is beneficial in many ways. Of course, if you are not stopping and starting time and again, you will save gas. And apparently it makes a difference in the amount of pollutants that are released as well.

One of the most important aspects of any feature of the road is safety. Are roundabouts safe? Traffic engineers are saying that roundabouts are much safer than normal four-way stops. They have this opinion for a number of reasons including elimination of the “dangerous” left turn motion (in a roundabout, it’s really a slight veer to the left). They say that because the American people are unused to the navigation of a roundabout they will drive safer and not allow themselves to be distracted. I am unconvinced that unfamiliarity will make much of a difference in the way people drive, but I do love roundabouts for their aesthetic and practical aspects and I can’t wait to see more.

What do you think?

Originally posted at InjuryBoard by Amber Wheat

Dog bites- who is responsible

Jessica Grigsby — Tue, 03 Aug 2010 13:49:07 GMT

Every year thousands of Americans are bitten by animals, dogs in particular. But who is responsible?

Owner Liability for Dog Bites

First and foremost, dog bite statues vary greatly from state to state.

In some states, dogs got “one free bite.” This meant the dog owner had no liability to a person that his dog injured if that was the first time the animal displayed dangerous propensities. After the first bite, the dog owner was required to take reasonable steps to ensure his dog did not injure others. Failure to take such steps could lead to the dog owner being held liable.

However, many states have moved away from the "one free bite rule" and hold owners responsible for any injury, regardless of whether the animal has previously shown aggressive tendencies. This is referred to as "strict liability." Under this theory, even if the owner had no reason to know that his/her animal was dangerous, if the animal was to bite someone, the owner would still be liable. It can be difficult in some cases to determine the owner knew of an animal’s dangerous propensities.

The strict liability rule does offer some protection to dog owners in certain instances as outlined below:

A dog owner is not held liable if a dog bites a trespasser - a person on the property without permission.

If a dog bites the veterinarian treating him, the owner is not held liable.

If the dog bites someone who provoked him (i.e. the owner warned someone to stay away from his dog but the person pokes the dog with a stick).

Some cities and municipalities have tried breed-specific legislation (BSL)—which regulates or bans certain breeds of dogs—as a way to reduce dog bites, although the effectiveness of this type of legislation is often debated.

Other Potential Responsible Parties

Animal owners are not the only people who can be held responsible for animal bites, below are some examples:

Property Owners can be held liable for injuries caused by an animal that the property owner allowed onto his/her property.

Landlords may be liable for animal bite injuries if they knew (or should have known) that a tenant owned a dangerous animal.

Animal Keepers or anyone responsible for the care or custody may be considered an owner or keeper that can be held responsible (i.e. kennels or an animal shelter).

Dog Bite Statistics

According to a survey conducted in 1994 by the Centers for Disease Control and Prevention (CDC), nearly 2% of the U.S. population—about 4.7 million people—are bitten by a dog annually. The vast majority of these bites don’t result in injury, and no medical treatment is sought. About 800,000 individuals, half of them children, seek medical treatment for dog bites.

The AKC has some helpful Tips to Prevent Dog Bites, as does the ASPCA.

A dog bite attack can be a traumatic experience that may cause severe and long-lasting injuries. If you or a loved one is the victim of a dog bite you should seek immediate medical assistance and legal assistance if necessary.

Demas & Rosenthal remains one of Sacramento’s most highly respected and accomplished personal injury law firms. We’ve been successfully representing clients since our firm first opened its doors back in 1993. Every Demas & Rosenthal attorney takes pride in obtaining the full compensation and complete justice owed to every client.

Originally posted at InjuryBoard by Jessica Grigsby