Legal News

Can Calling the Cops Be a Hate Crime?

FindLaw Headlines - Mon, 08/20/2018 - 17:38
Even if you see what you think is a crime being committed, you don't always have to dial 911. In fact, there have been some infamous incidents lately of people dialing 911 for some bad reasons or for no reason at all. And while calling the cops can get you......

Doctor Removed Wrong Organ, Lawsuit Claims

FindLaw Headlines - Mon, 08/20/2018 - 16:54
In South Dakota, Dena Knapp went into surgery to remove a mass on her adrenal gland. She came out with the mass still intact, but missing a kidney. Adrenal glands are located on top of each kidney, and evidently, the surgeon got confused. Though he did get the memo......

Doctor Removed Wrong Organ, Lawsuit Claims

FindLaw Injury News - Mon, 08/20/2018 - 16:54

In South Dakota, Dena Knapp went into surgery to remove a mass on her adrenal gland. She came out with the mass still intact, but missing a kidney. Adrenal glands are located on top of each kidney, and evidently, the surgeon got confused. Though he did get the memo the day prior of what to remove, and he did get the memo following surgery that he had removed the wrong organ, he continued to misrepresent the situation to his patient for days.

She finally had the correct procedure performed, but at a different hospital in Minnesota, and is now suing for the loss of her healthy kidney.

Knapp's Botched Surgery

Knapp went into surgery on October 5, 2016 to have her right adrenal gland, and its corresponding mass, removed. Later that day, the pathology department at Avara McKennan Hospital informed Baker that he had removed her kidney, not her adrenal gland. In fact, the adrenal gland, and its mass, were still inside Knapp. On October 7, 2016, Baker told Knapp that he hadn't heard back yet from the hospital regarding the biopsy of the adrenal mass, and then on October 11th, told Knapp that he "did not get everything" and Knapp needed another surgery. "Did not get everything"? That's a gross misrepresentation of what happened, to say the least.

Since the surgery, Knapp claims she has succumbed to an incurable progressive kidney disease in her remaining kidney, and that she suffers from pain, fatigue, depression, and mental distress as a result of the doctor's malpractice. The filing also claims Knapp has incurred expenses in excess of $96,000 and $42,000 worth of earnings; these expenses will undoubtedly continue to rise before the case is settled or adjudicated.

Legal Remedy for Wrong-Site Surgeries

The hospital has already barred Baker from further surgeries. In most wrong-site surgeries, medical malpractice is rather easy to prove. But unfortunately, the settlement or award amount can be surprisingly low. In one study, only a third of wrong-site cases result in a malpractice suit, and the average payment was less than $81,000 in cases resulting in a lawsuit and $47,000 in those resolved without legal action. These are likely where there was little irreparable injury to the plaintiff.

However, in 2013, a Pennsylvania jury awarded a 54 year old man $620,000 for pain and suffering plus $250,000 in punitive damages, after it was found his surgeon was "recklessly indifferent" in removing the wrong testicle. And in 2010, a jury awarded $20 million to a 15 year-old Arkansas boy who was left psychotic and with severe brain damage following surgery on the wrong side of the boy's brain. In that case, the error was not disclosed to his parents for over a year.

If you have been the victim of a wrong-site surgery, or any other form of medical malpractice, contact a local medical malpractice attorney. An experienced attorney can go over the specifics of your case and offer you legal guidance on how to proceed.

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5 Common Homeschooling Legal Questions

FindLaw Headlines - Mon, 08/20/2018 - 16:46
Approximately 1.7 million children are homeschooled in this country each year, and that number is on the rise. People homeschool for a variety of reasons, most notably providing a better education than local public schools, a better curriculum, or a difference in moral values.If you are interested in homeschooling......

High School Sued for Cross Country Runner's Heat Stroke

FindLaw Headlines - Mon, 08/20/2018 - 16:36
On July 22, 2017 Louisville was under a heat advisory. The heat index the previous day had been 107 degrees. Still, the Saint Xavier cross country team conducted practice, including a 12-mile run, at a local park. One runner, Cooper Marchal, suffered a heat stroke during the practice, during which......

Stan Lee Wins Restraining Order Against Ex-Manager

FindLaw Headlines - Mon, 08/20/2018 - 16:25
Stan Lee needed a superhero, and the law came to his rescue. Lee, now 95, co-creator of such superheroes as Spider Man, the Incredible Hulk, and X-Men, has been the alleged victim of fraud, elder abuse, and embezzlement by his self-proclaimed business partner, Keya Morgan.Morgan had been issued a......

When Is a Contractor Not a Contractor?

FindLaw Headlines - Mon, 08/20/2018 - 13:45
When is a contractor not a contractor? According to the law, it's when the worker is actually an employee. With the advent of the gig economy, (Uber, Door Dash) this issue is more prevalent than ever. This trend doesn't just apply to small or fledgling companies. In fact, this......

Thyroid Medication Recalled After Failed FDA Inspection

FindLaw Headlines - Mon, 08/20/2018 - 12:29
Westminster Pharmaceuticals has voluntarily recalled a hypothyroid medication after its Sichuan supplier's plant failed Federal Drug Administration (FDA) inspection. The alert states that Levothyroxine and Liothronine, two synthetic hormones used in the thyroid tablets, were manufactured in a plant that the FDA warns had a number of manufacturing failures......

Brad Pitt Wins Custody Battle

FindLaw Headlines - Fri, 08/17/2018 - 19:11
In the ongoing saga of uncoupling Brangelina, Brad Pitt won a key visitation battle. A judge ruled that Angelina Jolie must allow Pitt visitation with their six kids: four hours of custody every other school day, and 12 hours every other non-school day. Hopefully those children travel light because......

Crime Lab Finds Synthetic Marijuana Laced With Fentanyl

FindLaw Headlines - Fri, 08/17/2018 - 19:01
Drugs laced with fentanyl. For a while it was viewed as an urban myth. Some drug users have claimed that they only use natural marijuana, yet experience a crazy high and subsequently test positive for opioids and fentanyl. To date, no medical labs have been able to prove this claim.......

Grandparents Rights After CPS Is Called

FindLaw Headlines - Fri, 08/17/2018 - 18:37
When Child Protective Services (CPS) removes a child from a home, the wheels of administration quickly begin to roll. If the removed child is your grandchild, it's important to get involved in the legal process right away if you want to preserve any rights.Here's an overview of what you......

Distracted Driving Laws by State

FindLaw Headlines - Fri, 08/17/2018 - 18:28
Even those of us who find it impossible to put down our phones when we're behind the wheel would have to admit that we're not better drivers when we're distracted. And with the meteoric rise in car crashes linked to cell phone use, states have been cracking down on......

California Supreme Court Eases Requirements for Asylum-Seeking Children

FindLaw Headlines - Fri, 08/17/2018 - 16:56
Seeking asylum in the United States is no easy process for adults, let alone for children. 10-year-old Bianka entered the country by herself in 2016, fleeing violence in Honduras and, after being reunited with her mother Gladys, sought a court order giving her mother sole custody. The only problem, according......

3 Equity Tips Every Startup Founder Should Know

FindLaw Headlines - Fri, 08/17/2018 - 14:13
Marry in haste, repent in leisure. The founders of The Bachelorette might disagree, but the vast majority of corporate founders would whole-heartedly nod their heads, and have five war stories to back it up.Division of equity is the leading cause of angst among founders. If you and some co-founders......

Rick Pitino Versus Adidas Goes to Arbitration

FindLaw Headlines - Fri, 08/17/2018 - 14:01
The University of Louisville fired head basketball coach Rick Pitino in October last year, amid allegations that an Adidas executive conspired to funnel money to the families of two top recruits in exchange for their commitment to the school and agreement to represent the brand after they turned pro.......

Sex Trafficking Suit Against Harvey Weinstein Moves Forward

FindLaw Headlines - Fri, 08/17/2018 - 12:13
Federal sex trafficking laws are usually reserved for forced prostitution cases. But British actress Kadian Noble has cleared her first hurdle in the unorthodox use of the claim in a civil suit against Harvey Weinstein. At issue is a series of events in which Weinstein used force and fraudulent......

When to Ask a Lawyer About the Skeletons in Your Closet

FindLaw Headlines - Fri, 08/17/2018 - 00:07
Most of us have one or two secrets. After all, isn't that what incognito internet browsing is for? Some of these can be as innocent as a couple indecent websites, while others can be criminal convictions, hidden assets, or illegitimate children. And past skeletons in your closet can affect future......

Lead Found in NC Schools Drinking Water

FindLaw Headlines - Thu, 08/16/2018 - 17:01
Lead poisoning of school-aged children is unfortunately back in the spotlight, this time in the Charlotte-Mecklenburg, North Carolina area. Last year, 58 schools voluntarily tested the drinking water in local schools, and nearly half showed high lead levels. Results started posting earlier this week, reporting at least 27 schools......

Lead Found in NC Schools Drinking Water

FindLaw Injury News - Thu, 08/16/2018 - 17:01

Lead poisoning of school-aged children is unfortunately back in the spotlight, this time in the Charlotte-Mecklenburg, North Carolina area. Last year, 58 schools voluntarily tested the drinking water in local schools, and nearly half showed high lead levels. Results started posting earlier this week, reporting at least 27 schools had lead levels at the action-level 15 parts per billion (ppb) or greater. Some had lead levels as high as 100 ppb.

Lead Levels Three Times Higher Than Flint Water

To put this in perspective, the Environmental Protection Agency states that there is no safe level of lead in water, which has been proven to cause health problems ranging from stomach aches to irreparable brain damage. At 5 ppb, many cities issue a "cause for concern" warning. At 15 ppb, the EPA dictates that the water system must undertake a number of action items to control corrosion, pursuant to the Safe Water Drinking Act. Two years ago, during the height of the Flint, Michigan water crisis, lead levels there were at 26 ppb. At 100 ppb, the lead level in the North Carolina school water is almost four times that of Flint, and over six times the actionable EPA level.

Schools Self-Declare Water Is Now Safe

With schools about to re-open for the year, the district emphasized that the lead-contaminating culprits were plumbing fixtures, not the water supply itself. The schools have made some repairs and replacements, and claims many of the fixtures haven't been used for a while since they are in areas inaccessible to students. However, the district claims the study focused on points of consumption such as kitchen sinks, water fountains and ice machines, which seem to offer water frequently consumed by students.

For water outlets that still have high lead readings after fixture changes, the district will put up signs saying that the water isn't fit for consumption. It is assumed that Trillium Springs Montessori will have one of these signs, where there was a reading of 430 ppb on the first lead test, though it did drop to 100 ppb after the line was flushed. Perhaps six times the EPA warning level at a pre-school earns some warning signs.

If you are concerned that there are high levels of lead in your water, or in the water your children consume at school, contact a consumer protection lawyer in your area, who will listen to the facts or your case, and help you get the best possible outcome.

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Cancer Warnings May Not Be Required on Coffee in California After All

FindLaw Headlines - Thu, 08/16/2018 - 16:54
California coffee drinkers are headed for a showdown. Will coffee shops be forced to claim coffee is cancerous, as declared by a Los Angeles judge earlier this year? Or not, as proposed by a California State Agency that says the cancer risks are slim and all the warnings are......

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