Practice Areas and Legal Definitions

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered.  If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence.  Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.  If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States.  Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.  When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible.  Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged.  Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function.  Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich’s Ataxia.  The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.   

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head.  Essentially, the human brain floats in a fluid substance called cerebrospinal fluid.  TBI can result when the force of momentum causes the brain to impact against the skull.  This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a “closed head injury.”  Whiplash can also cause TBI.  These closed head injuries can result in lasting physical and mental problems.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries.  Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury.  Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.  Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents.  In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.  Therefore, investigation of the claim is essential to a successful case.  Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Construction/ On-the-Job Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths.  Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.  Farming and manufacturing accidents, as well as the oil and gas industry accidents can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly.  Some toxic substances are shown to cause substantial injury to people, such as lead-based paint (linked to brain damage, especially in children), asbestos (linked to lung cancer and restrictive lung disease), dry cleaning and other solvents (linked to brain damage and major organ damage), pesticides such as dioxin and DDT (linked to birth injuries) and toxic landfill waste (linked to leukemia).

Dog/Animal Bites:
Every year, millions of Americans are bitten by animals.  Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects.  In every state, a dog owner is liable for bites to people inflicted viciously by a dog that previously bit a person viciously, or that were inflicted pursuant to the command of the dog owner.

In almost all states, a bite victim can recover compensation from a person whose negligence caused the attack and from a person who violated a leash law, a trespass law applicable to dogs or other dog safety laws.  The owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone.  As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained.  Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification."  This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner.  If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Nursing Home Abuse & Neglect:
Americans are living longer than ever before.  The fastest growing segment in the United States is the elderly population.  As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years.  As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported.  Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Airline Crash Cases:
Airline crashes typically result in the most traumatic injuries and death.  These cases are extremely complex and may involve federal, state or international laws and treaties.  There may also be limitations on recoveries and caps on damages.  Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.  Typically, the National Transportation and Safety Board (NTSB) will conduct an investigation.  Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.

Aviation Accidents:
Aviation accidents occur in a variety of different situations.  While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters.  The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions and weather (including turbulence).  Private or "general" aviation accidents can include controlled flight into terrain, weather, loss of control and runway incursions.  Aviation law governs the operation of aircraft and the maintenance of aviation facilities.  Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.

In 1958, The Federal Aviation Act was passed establishing the Federal Aviation Agency.  There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970, and the Airline Deregulation Act of 1978.  The main source for aviation law is federally based.  States are prohibited from regulating rates, routes, or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation.  States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.

Airplane Runway Incursions:
The Federal Aviation Administration (FAA) defines a runway incursion as any occurrence at an airport involving an aircraft, vehicle, person, or object on the ground that creates a collision hazard or results in loss of separation with an aircraft taking off, intending to take off, landing, or intending to land.  Many assume that once a plane has safely landed all potential danger is gone. Unfortunately, statistics show otherwise.  Since 1993, the number of runway incursions has increased over 70%.  The National Transportation Safety Board (NTSB) considers this increase in runway incursions one of the ten most significant safety issues facing air travelers today.   A number of factors can cause runway incursions including pilot error (proceeding into unauthorized areas such as closed runways or taxiways), air traffic controller error (transmitting misinformation to pilots regarding ground maneuvers), and ground personnel errors (deviations by baggage carts, fuel trucks, maintenance vehicles, etc.).  The consequences of runway incursions range from minor aircraft or vehicle damage to catastrophic loss of life.

Defective Products in Airplanes, Helicopters and Other Aviation Equipment:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the general stream of use and commerce.  Products liability cases may include defective or poorly designed machinery, tools, airline vehicle defects, airplane safety devices, emergency equipment and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

Aviation products liability cases represent a unique hurdle for the person bringing a lawsuit because it is necessary to establish that the manufacturer could have used a reasonable, alternative design that would have prevented the victim’s injury or death.  In order to establish a reasonable, alternative design, the suing party will often need the testimony of an engineer or other expert to critique the manufacturer's design and to suggest the alternative design.

GARA, the General Aviation Revitalization Act of 1994, is designed to protect manufacturers of smaller, private aircraft (less than 20 seats) from accident liability involving older airplanes and/or parts.  GARA bars lawsuits against the manufacturer of an aircraft or component part once that item has been in service for 18 years.  GARA does not apply if the aircraft was engaged in scheduled passenger carrying, or involved in air medical service operations at the time of the accident.

Wrongful Death Caused by Airplane Accident:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death caused by an airplane accident belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in a plane crash case, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in most jurisdictions in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived.  It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.

Aviation Accident Personal Injury Cases:
The airplane crash victim must prove that the airline, or one of its employees, acted negligently, and that as a result, the victim suffered injuries.  The jury can award a plane crash victim monetary damages for pain and suffering, medical expenses, lost wages, both past and future, and inconvenience as a result of bodily injury.

Airplane Accident Mechanical Failure:
Airplane mechanical failure lawsuits may be brought against a common air carrier or the owner of a private plane.  If a mechanical failure results from a defect in the design or construction of an airplane or a component of the airplane, the suing party may establish a products liability claim against the manufacturer of the component or the airplane.

Pilot Error or Employee Error in Aviation Disasters:
If pilot or employee error contributed to or caused an airplane crash, runway accident or other aviation accident that causes a passenger injury, that passenger can maintain a suit not only against the pilot for his or her error, but also against the pilot's employer, the airline.  The high degree of care required of a common carrier extends to its employees, including pilots, flight attendants and mechanics.

Cruise Ship Accidents:
Cruise ship accidents can include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries.  Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers.  When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence.  Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages.  The cruise ship industry restricts when and where a personal injury claim can be filed.  For example, many tickets make a stipulation that an injured passenger must file a claim within one year of the cruise ship accident, and that claims must be made in a certain state.

Boating Accidents:
Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft involved in boating accidents, although sailboats can be involved in accidents as well.  The most frequent sources of injuries are caused from propeller accidents and collisions.  Because personal watercraft such as jet skis cannot be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency.  Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning.  Legal claims that arise from boating collisions are typically governed by the law of negligence.  Any individual who negligently operates a watercraft may be required to pay damages to an injured victim.  A maritime case involving a boating accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed.  The surviving family members of a fatally injured boating accident victim may be able to recover damages in a maritime wrongful death action against the defendant.

Shipboard On-the-Job Accidents:
The Jones Act, a federal statute encompassing a very substantial portion of maritime and admiralty law, is the applicable law for the claims of ship crew members injured on the job.  As creatures of the statute, Jones Act claims can be extremely complex and difficult to prosecute.  Apart from dedicated maritime and admiralty law firms, few lawyers have much in the way of knowledge of these claims, and even fewer have any substantial experience in handling them.  All too frequently, this results in mediocre and ineffective representation and minimal financial compensation for the claimants.

Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence.  Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim.  A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed.  Vehicle accidents can include:

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Admiralty and Maritime Law:
Admiralty and maritime law are specific areas of law that regulate accidents and injuries of sea crew and passengers on ships, yachts and recreational boats.  Congress passed a maritime law called the Jones Act to protect sea crew who work on ships, offshore oil rigs or other sea-going vessels such as barges, riverboats and fishing boats.  Under the Jones Act, sea crews are entitled to recover damages if injured on the job.  The Jones Act can also cover inland river workers and offshore workers, as well as divers and underwater personnel.  The Jones Act is not workers' compensation law so any injury sustained as a result of employer negligence must be proven in order to receive compensation.  The statute of limitations for a maritime law injury suit is three years.

Automobile Accidents:
A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Bicycle Accidents:
According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles.  Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost incomes.  A cyclist may be entitled to receive compensation for an injury sustained because of a pothole, poor road or defective sidewalk.  There are state mandated residential and commercial bicycle laws, which entitle cyclists to observe different traffic rules than cars, trucks and other motorized vehicles.  This may mean that the cyclist is not legally responsible for an accident. 

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road.  The lack on any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Train Accidents:
Train accidents can result in injuries such as sprains and fractures, catastrophic injury such as head trauma, brain damage, paralysis and loss of lives or property.  Train accidents can include derailments, collisions with passenger vehicles or other trains, grade crossing accidents or accidents due to mechanical failure.  It is the railroad company's responsibility to ensure that there are appropriate signals and gates at every railroad crossing for safety precautions.  If the railroad company fails to take such precautions, they are liable for any injury or death that ensues.  Victims of train accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity. 

SUV Rollovers:
Although SUV rollovers do not occur as often as other automobile accidents, when they do occur they have a higher chance of resulting in serious injury or death, and are considered to be the most fatal type of vehicle accident on national roadways.  According to the Federal Highway Administration, SUV rollover accidents account for more than side and rear fatal vehicles combined and SUV's are three times more likely than the average passenger car rollover. 

Although SUV's were designed primarily for the purpose of off-roading, manufacturers have since discovered their immense popularity as family vehicles.  Manufacturers have begun removing roll bars in current models.  SUV seat structures are not designed to keep occupants in place during a rollover regardless if seatbelts are worn.  Vehicle roofs, windshields and side windows easily collapse, increasing the risk of occupant head, brain and spinal cord and back injuries.  While the body of an SUV remains the same as it would if used for off-roading, the removal of the roll bars, combined with the high center gravity due to multiple passengers, make rollover accidents and occupant ejection that much more fatal.

Defamation (libel & slander):
A form of personal injury that does no physical harm but can be extremely harmful to person's reputation or character is called defamation.  Defamation is false and unprivileged spoken words (slander) or written publication (libel) which exposes any living person to hatred, contempt, ridicule or, which causes a person to be shunned or avoided, or which has a tendency to injure him or her in his or her trade or occupation. 

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.  Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability.  Damages can be recovered under one of the following categories:  strict products liability; negligence or breach of warranty.   

Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.  Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services; dental services; crutches; hearing aids; chiropractic treatment; physical therapy; nursing care and prescribed medications.  Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness.  The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury. 

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death.  In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his or her spouse, children and/or parents had he or she survived.  It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost.  Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.