Virginia Beach Personal Injury Lawyer - Death

Improper Stacking Cases - Falling Items at a Big Box Retailer

John Cooper — Thu, 03 Dec 2009 13:48:58 GMT

The "big box mart" era is in full-swing in the United States and many of us find ourselves in one of these stores at least once a week. These are not standard grocery stores or local drug stores, but the Home Depots, the Targets, the Super K-Marts, and the quintessential Walmart. These stores offer us the chance for one-stop-shopping with low prices. We enter these stores ourselves and with our families and friends thinking only of shopping and finding the best deals of the day. We do not think that our innocent foray into the aisles of Walmart may land us in the hospital with a serious injury. While this sounds silly and seems unlikely, the truth is that thousands of people have been injured by falling merchandise in this country and the number keeps rising. The warehouse style storage of items for sale and the lack of help for accessing all that stuff on high shelves makes these stores, especially likely to have tumbling merchandise hitting folks on the head or shoulders while shopping.

Every week hundreds of claims are made by customers against large retailers for injuries they have sustained in a falling merchandise incident. For many of the people who are involved in an accident like this, the injuries may not be more severe than cuts and bruises; however, sadly, when children or the elderly are involved, falling merchandise can prove to be fatal. The problem with cases like this is that we as customers at these stores are not in control of our surroundings. Obviously, it is important that we take notice of signs or instructions in stores and that we are aware of what is going on around us. However, our safety is really placed in the hands of the store and its employees.

Often times, falling merchandise incidents occur because of improperly trained employees. These workers are not properly trained in the methods for safely stacking and storing merchandise or how to properly operate machinery. One incident in which a child was killed at Home Depot store involved a worker who was driving a forklift with countertops precariously balanced on it which then fell and caused the child to suffer severe head trauma from which she died the next day.

When a store invites customers into its facility, it has a duty to use ordinary care to keep the store reasonably safe and that means that all employees should be properly trained and all merchandise should be properly stored, stacked, and secure. This also means that the store has a duty to take reasonable steps in monitoring high stacked merchandise and if a customer moves or shifts something, an employee needs to inspect that it has not become dangerous. This is about accountability for store owners, managers, and their employees. This is a long-standing doctrine in the law that invitees (customers) are owed a duty of care and that if that duty is violated, it generally means that the business is liable for harms caused by its carelessness.

If you or a loved one are ever involved in a falling merchandise case, it is extremely important that you find witnesses immediately and that you yourself make a record of the incident. It is key to do this as close to the incident as possible when the details are still fresh in your mind. You want to be able to show that it was the negligence of the store that caused your injuries. While not all injuries are severe, it is important to seek treatment or at least to consult your physician after an accident like this, since some injuries may not be immediately apparent and only your doctor can advise you on what to watch out for.

While it is true that accidents do happen in stores and that they happen rather more frequently than we would like, at this time of the year, try not to let such worries dampen your shopping spirit. But watch out, as it is not just prices that are falling!

Originally posted at InjuryBoard by John Cooper

Road Kill: Pedestrian Accidents Often Result in Wrongful Death

John Cooper — Fri, 06 Nov 2009 15:52:25 GMT

When a pedestrian gets hit by a car or truck, the injuries are typically quite severe, including broken bones or even the death of the pedestrian. The pedestrian has the right of way in Virginia if they are inside of the cross walk. If you have to cross anywhere other than an intersection, then the duties on the pedestrian include going across the road in the most direct manner.

Here are some tips to try to avoid being hit by a car as you are walking:

-Make eye-contact with the drivers of oncoming cars, to make sure they see you.

-Follow the age-old advice of "looking both ways before crossing the street."

- Avoid distractions, like talking or texting on your cell phone, or listening to music. You might not notice a car barreling towards you if you are distracted by other things.

- Always watch for traffic, especially cars turning the corner, while you are in the road.

-If you are walking on the side of a street that does not have sidewalks, walk facing the traffic, so that you can see what is coming towards you.

-Never walk behind a vehicle that is backing up. You could be in their blind spot.

-If you are walking at night, try to wear bright colors or reflective clothing.

-If you see a "DO NOT WALK" signal, then you should not walk.

-Always make sure that any children in your care are safely accounted for, and preferably holding on to your hand as you cross the street.

Follow these simple safety tips, and you can improve the odds that you and your loved ones stay safe while crossing the street.

Originally posted at InjuryBoard by John Cooper

Federal Railroad Administration - Railroad injuries statistics down, but deaths increased:

John Cooper — Mon, 26 Oct 2009 14:23:19 GMT

Railroad workers are hard working individuals, in a physically demanding and strenuous job. Although there is a belief that unsafe and poor work conditions are a "occupational hazard," no one should have to work under less than safe conditions. Railroad workers are a group of employees protected under the Federal Employers Liability Act, or the FELA, which was enacted in 1908. This act protects employees from unsafe work conditions, and fellow-employee or employer negligence. Railway workers are faced with long hours, inadequate help, poor job site maintenance, and other possibly unsafe conditions that could cause injury, accidents, and even death.

Railway employees work with many different kinds of equipment, varying in age and state of repair. Employers must provide their workers with adequate equipment in good repair, many railway workers are faced with employers that do not wish to purchase new equipment which may risk injury to the employees that are forced to use outdated machinery and tools.

Railway workers are also constantly stretched on employee staffing and work hours. The railway industry is constantly busy and running at all times of the day. As a result of this, there are time crunches to finish jobs with the employees available. With the current economic crisis, many employers are reducing their staffing as well in order to save on payroll. These furloughs or layoffs sometimes force employees to work alone on jobs that should be done by multiple people. As a result, mistakes and dangerous work behavior can arise.

In fact, railway injuries and deaths are currently on the rise, at a time that many industries have declining injury rates. In 2008, the Federal Railroad Administration which maintains statistics on the railway industry reported that there were approximately eleven thousand injuries in the first eleven months of the year.

For more information on railway injuries and railway injury law, please visit the website of Shapiro, Cooper, Lewis and Appleton, a firm with a rich history of railway injury advocacy for folks hurt on jobs on the tracks. (http://www.hsinjurylaw.com/practice_areas/railroad-accidentsinjury-occupational-injuriesdiseases.cfm) If you, or someone you know has been injured as a railway employee, please do not hesitate to contact someone who can represent you properly and make sure you receive the compensation you deserve.

Originally posted at InjuryBoard by John Cooper

Using Car Seats as Carriers, Mini Craddles Harms Thousands of Babies

Jim Lewis — Wed, 21 Oct 2009 15:46:55 GMT

Infant car seats save hundreds of babies' lives each year--when the seats remain properly installed in a vehicle. Using car seats to carry infants or hold them while doing chores or taking care of other children, however, injures or kills thousands of babies.

This scope of the problem with misusing infant car safety seats became clear this weekend when Cincinnati Children's Hospital Medical Center orthopedic surgeon and researcher Dr. Shital Parikh told American Academy of Pediatrics meeting attendees that between 2003 and 2007, 43,000 U.S. children had choked, suffocated or fallen and been seriously injured when their parent or caregiver left them in car seats and placed the seats on tables, countertops, beds or other elevated surfaces.

Most of the injuries Parikh documented were head and brain traumas. He also identified broken bones in data collected by the Consumer Product Safety Commission. Parikh explained, “When parents or caregivers place the infant car seat on top of a table or elevated surface, the infant can wiggle and end up toppling off out of the seat onto the floor, which can lead to severe injuries.” He also added that “another accident that can happen is the turning over of the car seat on to a soft surface, which can lead to suffocation.”

A report in Tuesday's Daily Press brings the tragic consequences of misusing infant car seats home. A former Newport News day care center operator will face manslaughter charges stemming from the choking death of 5-month-old baby in her charge on Feb. 4, 2009. The woman left the infant in a car seat an unattended for 10 minutes. At some point, the baby apparently squirmed around and got a strap from the seat wrapped around its neck.

The CPSC has issued several recalls of products marketed as combination infant car seats-carriers over the years. A better course of action might be to ban such products altogether.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases and, in 2000, achieved the largest verdict ever in Virginia for a brain damaged client. Our lawyers hold licenses in NC, SC, WV, KY and DC, and we are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Jim Lewis

Motorcycle Crash in Chesapeake Claims a Life, Shatters Another

Emily Mapp Brannon — Wed, 14 Oct 2009 11:47:08 GMT

Take two motorcycles, add excessive speed and a narrow residential road lined with parked cars, and you all too often wind up with a tragedy like the one that occurred Tuesday evening in Chesapeake. Two motorcyclists speeding down Holly Cove Drive off of Airline Boulevard in the northwestern part of the city crashed into each other, slammed into a parked vehicle and flew into a concrete utility pole that snapped from the impact.

Police had not released the motorcyclists' names as of Wednesday morning, but one of the bike riders died on the scene. The other, who was not wearing a helmet, went to Sentara Norfolk Hospital with head and brain injuries.

Hampton Roads has seen more than its share of fatal motorcycle accidents this year. A large number of these accidents have resulted from unsafe riding. Riders have died after losing control of their bikes while speeding. Others have died as result of not following basic traffic rules such as always passing on the left. Too many have died after climbing onto their motorcycles while drunk. It's too early to calculate the death toll among motorcyclists in Virginia for 2009, but in 2008, nearly 90 people died in speed-related motorcycle crashes alone throughout the Commonwealth.

Motorcyclists already face risks of serious and fatal collisions with much larger vehicles on the road. Bike riders do not need to increase their risks for injury and death by operating their motorcycles in unsafe ways.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident Injuries in Virginia. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now, and we provide free initial confidential injury case consultations. Call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia toddler killed after mauling by family dog

Rick Shapiro — Wed, 30 Sep 2009 09:03:12 GMT

An Orange County, Virginia (VA) toddler was tragically killed earlier this week when she was mauled by her family’s pit bull.

The 23-month-old girl has not yet been identified by authorities, according to the Charlottesville Daily Progress.

No one has been charged in connection with this innocent girl’s death. Someone needs to speak for the victims in cases like this, and I am outraged that innocent children can be killed without consequence.

The girl apparently wandered out of the house unseen Sunday evening, Orange County sheriff’s officials told the Daily Progress. The girl’s mother was “preoccupied and did not notice the child leave the house.”

Relatives began looking for the girl, and later discovered her “gravely injured.”

The dog that killed the girl was a pit bull that was with the family for 10 years. After the killing, it was euthanized. Authorities said the dog had never given the family any other problems.

The death took place in the Mountain Track Road area of Orange County, about 35 miles northeast of Charlottesville.

The Free Lance-Star of Fredericksburg reported that the sheriff was called at 6:40 p.m. Sunday when a relative found the girl. Deputies found her unconscious and with multiple injuries throughout her body.

The girl was taken to the University of Virginia hospital, where efforts to save her continued until 9:11 p.m., when she was pronounced dead.

I hope this needless death reminds owners of pit bulls and other dangerous animals that careless ownership can have dangerous – and fatal – consequences.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Runaway Trailers Kill: Safety Advocate Pushes For New Trailer Safety Laws

Rick Shapiro — Sat, 26 Sep 2009 09:52:56 GMT

After my colleague Wayne Parsons posted a blog article touching on a runaway trailer death case and then I posted a story on a trailer injury case, I received a phone call from Ron Melancon, a Richmond, Virginia area man who has a strong interest in the lack of appropriate safety for vehicle trailers on highways and interstates-www.Dangeroustrailers.org including regular state inspection, reflectorization and adequate safety chains or connecting devices. Have you ever witnessed a runaway trailer, or seen a trailer fall off a vehicle? They injure and kill innocent drivers every week around the nation and can shoot across traffic lanes like a missile. Melancon has made trailer safety regulation his passion after a personal incident he was involved in with a poorly illuminated trailer.

A group of my Injuryboard attorney colleagues are also interested in improved safety on vehicle trailers, and will be addressing runaway trailers and general trailer safety issues in a series of trailer safety articles: Michael Bryant of Bradshaw & Bryant PLLC in Waite Park, Minnesota, David Mittleman and Devon Glass of Church Wyble, PC in Lansing, Michigan, Pierce Egerton of Egerton & Associates P.A. in North Carolina, Steve Lombardi of The Lombardi Law Firm in Des Moines Iowa, Wayne Parsons of The Parsons Law Firm in Hawaii, Rick Shapiro of Shapiro, Cooper, Lewis & Appleton, P.C. from Virginia and Northeast North Carolina (the author).

One big problem according to Melancon is that trailers that weigh less than 3,000 in gross weight are barely regulated by the Federal Government Department of Transportation. Individual states, such as Virginia, North Carolina and others, must decide whether to regulate trailers that weigh less than 3,000. And therein lies the problem: many of the trailer manufacturers around the country don't want regulations. They argue that it will take away jobs and cost a certain number of dollars per trailer. Melancon feels like this is a minimal issue because very small safety changes on trailers that weigh less than 3,000 pounds can make huge differences in health and safety of persons traveling on our nation's highways and interstates. And, he cites tragic injuries and deaths to prove it-like a recent Dinwiddie, Virginia (Va) runaway trailer that killed a young mother-a senseless death easily preventable with some basic trailer towing regulations and laws.

What got Melancon interested in this issue? Well, according to his injury blog on trailer safety, he actually was in an accident where he rear ended a person who had a trailer of the kind you see with lawn maintenance trucks or just other utility companies - it has the wire mesh or steel edges and is sort of a low profile trailer.

According to Melancon many of these smaller trailers towed behind cars and trucks have reflectors and safety lights, which are normally hooked to the car's brake light system-but often are not working. Further, these lights/reflectors often are not mounted close to the back edge of low profile trailers. In other words, at dusk or at night a driver approaching one of these trailers can be confused about where the rear of the trailer actually is-even if the taillights are working. One of the solutions Melancon lobbied for in the Commonwealth of Virginia was to require that reflectorized safety tape or actual reflectors be placed along the back edge of a trailer. VA's then Governor Warner (now U.S. Senator) signed the bill into law in 2004. That VA law reads:

There shall be affixed to the rear end of every trailer that has an unloaded weight of 3,000 pounds or less either two or more reflectors of a type approved by the Superintendent or at least 100 square inches of solid reflectorized material. The reflectors or reflective material shall be applied so as to outline the rear end of the trailer.

Melancon explained that several large trailer companies then lobbied for an amendment to the new law, to water down the safety regulation. The amendment removed reference to trailers 3,000 lbs or less and added:

For the purposes of this section, "utility trailer" means a trailer whose body and tailgate consist largely or exclusively of a metal mesh and whose end extends 18 inches or more beyond its taillights.

Melancon was astounded that Virginia legislators went along with this "legislative fix" which completely diluted trailer safety-it exempted all trailers that were equipped with “taillights” (that often may not work) within 18 inches of the rear. Also, taillights may not work may not be as effective as the reflective tape requirement. The new amendment excluded hundreds if not thousands of trailers. But its not just reflectorization involved, even more injuries and deaths are caused by inadequate or improper safety connections/safety chains between the trailer and the car or truck.

Runaway Trailers Injure and Kill Innocent Drivers

There is a picture in the link that follows of a car tragically crushed by a runaway trailer, the runaway trailer barrelling into the opposite lane ended the life of 20 year old Dinwiddie, Virginia (Va) mom named Caitlyn Johnson, who was simply driving her car lawfully down a Virginia highway.

Currently, Melancon is urging Virginia legislators to restore some reflectorized tape requirement, but also to require that a suitable strength safety chain or similar reliable device always accompany a trailer being pulled by a car or truck, even if weighing less than 3,000 pounds. Runaway trailers are instruments of interstate death and often kill innocent drivers, like the young mother in Dinwiddie Virginia who just recently suffered a preventable wrongful death due to a runaway trailer in Virginia.

Melancon explained to me that if a person in North Carolina or Virginia takes a fishing trip up to Canada that the Canadian police or sheriffs will pull over the vehicle and impound it if it does not have a safety chain connecting the car or truck and the trailer. He says its plain absurd that we don't have a requirement in Virginia (or many other states) that meets the same standard that Canada or the US government requires of trailers over 3,000 lbs!

A runaway 2,900 lb trailer going the wrong way on an interstate can and will cause death and airbags may not prevent you from being killed-especially by an oncoming missile like trailer heading the wrong way on an interstate. Trailer safety pointman Melancon is enlisting the support of every Virginia State delegate or Senator he can for new legislative remedies on regular, meaningful state inspections, on reflectorization, and probably most importantly: new safety chain connector laws. I note that Melancon is not a lawyer and is not in any official paid position on his trailer safety mission. He is simply an advocate speaking logic. These are the best safety people out there because they don't come to the table with any obvious bias one way or the other. Maybe not pure as driven snow, but about as strong a safety advocate as exists.

My take: visit the trailer safety blog that Melancon has been writing and blogging on for years at www.dangeroustrailers.org and send him a message if you would like more information about promoting trailer safety in Virginia or your state along the lines of the logical measures that Melancon has been backing.

Check out a new article on runaway trailers and simple solutions that need to be implemented.

Originally posted at InjuryBoard by Rick Shapiro

Analysis: Virgina's Texting & Emailing Ban Makes VA Highways and Interstates More Safe

Rick Shapiro — Sun, 20 Sep 2009 14:29:00 GMT

It seems these days that no one can go a minute without consulting their iPhone, Blackberry, or cell phone. No matter where we are, we’re never too busy to send a text message or an email—even if we’re driving. The state of Virginia (VA), however, says that a text message or email can wait-the language of the state law is set out below. On July 1, 2009 the Virginia state law went into effect making it illegal for drivers to text or e-mail while driving. Virginia has now joined 13 states and the District of Columbia in banning text messaging while driving. North Carolina (NC) followed Virginia and became the 14th state to enact a ban. For an example of what can happen with distracted texting driving view the video below:

http://www.youtube.com/watch?v=R0LCmStIw9E&feature=related

The Virginia texting & email ban is Virginia Statute § 46.2-1078.1 states that, “It shall be unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to: 1) Manually enter multiple letters or text in the device as a means of communicating with another person; or 2) Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.” Violators will receive a $20 fine for the first offense, and a $50 fine for a second offense. The law is a secondary offense, so officers must pull the driver over for a different violation, and then can add on the texting violation.

Statistically speaking, this ban could not have come sooner. The Virginia Tech Transportation Institute concluded drivers who text are over 20 times more likely to crash than those driving while not using a phone. According to the Virginia Department of Motor Vehicles, 28,395 crashes occurred in Virginia involving driver distraction. Of those, 114 people died and 14,480 were injured. Driver distraction, along with following a vehicle too closely, is the most common cause for crashes in Virginia, so lawmakers are attempting to make drivers stop focusing on their phones and pay attention to the roads.

For those of you who remain unconvinced, it turns out that texting while driving is just as dangerous as driving drunk, if not more! The Transport Research Laboratory found that motorists who use their mobile phone to send text messages while on the road dramatically increase the likelihood of collision. Their reaction times deteriorated by 35 per cent, much worse than those who drank alcohol at the legal limit, who were 12 per cent slower, or those who had taken cannabis, who were 21 per cent slower. In addition, drivers who sent or read text messages were more prone to drift out of their lane, the research found, with steering control by texters 91 per cent poorer than that of drivers devoting their full concentration to the road. Car and Driver Magazine recently conducted its own test, and it found that reaction time was much worse for drivers when they were texting while driving than when they were under the influence of alcohol.

When all is said and done, many accidents can be avoided just by paying less attention to our phone and more attention to the road ahead. Remember, that text message will be there when the drive is over, but if you answer that text, you might not be.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers. We also host a YouTube injury law video library with more than 50 videos covering many FAQs on personal injury subjects. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

Originally posted at InjuryBoard by Rick Shapiro

Trucking Crossroads: Interstate I-81 in Virginia Scene of Spate of Trucking Accidents

Rick Shapiro — Sat, 19 Sep 2009 20:40:00 GMT

It is a widely-known fact that trucks can be dangerous vehicles, and a recent series of accidents on I-81 in the western part of Virginia (VA) has illustrated this fact in a very grim way:

The first accident involved a tractor trailer full of watermelons that ran off the road and overturned in the median. As you can imagine, it made a big mess in the highway and traffic was detoured onto US Highway 11, causing a back up that stretched for several miles.

About three hours later the worst of the series of crashes happened when a tractor trailer did not slow down in time for the detouring traffic and struck a car. The impact forced the automobile underneath a tractor trailer in front of it and caused a chain reaction of several trucks hitting each other.

One of the tractor trailer’s fuel tanks ruptured and caused a fire that spread rapidly and destroyed the passenger vehicle. The occupants of the car died at the scene.

Horrible accidents like these occur all-too frequently, and serve as reminders for the dangers of trucking accidents. The American Association for Justice (AAJ) has determined that over 28,000 trucking companies are operating with safety violations, some of which are intentionally ignored by the company to cut costs. Such violations may include hiring drivers with shady backgrounds, not keeping the trucks running safely, or overloading the trucks. This means many unqualified truck drivers whether on Virginia's interstate highways or others are driving damaged trucks, some of which are loaded with more goods than they can safely carry.

Since trucks are larger and heavier than most passenger cars, they are inherently more dangerous than passenger cars. They take longer to slow down in an emergency stop; they can impact vehicles with a lethal force from a much slower speed; and the truck drivers often feel protected from danger.

As a car driver, you need to be very cautious around 18 wheelers and semi-trucks. True, there are many well-trained truck drivers, and many trucking companies are honest and safety-conscious. But you usually can't tell the difference between a relatively safe truck and a relatively unsafe truck until it's too late, so it's always better to err on the side of caution. Obviously, it's a good idea to always be a safe driver, but since most of injuries and deaths in trucking accidents are the people in the other vehicle, your safety is more at stake than ever when you are driving near a tractor trailer or semi.

Originally posted at InjuryBoard by Rick Shapiro

Surgical Errors in the OR: Preventable Mistakes by Tired or Distracted Doctors

John Cooper — Thu, 17 Sep 2009 16:04:38 GMT

It’s the bane of every kindergartner’s existence. They’ve mastered their ABC’s, conquered their 123's, and figured out how to color inside the lines. But one thing remains: learning to tell left from right.

A much loved poster among school teachers makes the claim, “Everything I Needed to Know I Learned in Kindergarten." While this statement may not be entirely valid, it’s much closer to the truth than you might believe. What kind of world would it be if everyone got their left mixed up with their right? Well, just ask Willie King, a patient at a Florida hospital who, in 1995, woke up to find doctors had amputated the incorrect leg during his surgery.

Try as you might to come up with a legitimate reason for such a tragic error, there really is none. Did the surgeon make an unintentional error? Yes. Despite the outcome, was the intent to help the patient? Yes. Does that justify the terrible consequences Mr. King has now had to live with after losing not one, but both of his legs? Absolutely not.

We trust medical professionals to perform to the best of their abilities and to do everything in their power to help us when we are sick or injured. We trust them with our lives. While no one will argue that doctors mean to do more harm than good, the fact of the matter is that surgeons simply do not have the luxury of making silly mistakes in the operating room. The simple, fundamental matter of knowing which leg to amputate should never have been a problem for doctors who clearly have much more than a kindergarten education.

Assuming, then, that highly educated individuals can tell left from right, why do doctors face medical malpractice suits like this one? Medical professionals occasionally face repercussions for taking the wrong limbs, leaving medical instruments inside patients, authorizing incorrect drug dosages, or making other careless errors. There are reasons for this. In the competitive medical field, especially if one aspires to become a surgeon, the demands are heavy. Doctors are sometimes on call at all hours, many work 24 hour shifts, and those scenes in Grey’s Anatomy and Scrubs that show doctors napping in the on call room aren’t entirely fictional.

Practitioners are pressured to take more cases, surgeries, and consults than a normal schedule should allow. When the workload is stretched past its limits, several factors combine to create disasterous circumstances. Medical professionals become overtired because of the amount of work they do. Meanwhile, the many cases and tasks they juggle make it hard to keep patients’ information in order. As caseloads increase, doctors also have less time to spend with each individual patient. These factors all may threaten a physician’s ability to properly perform procedures, and the health of patients may be threatened.

Hospitals and surgeons can develop systems to cut down on erros. Marking the body part to be cut is one procedure to prevent amputating the wrong limb.

When a patient's life is ruined because a doctor made a basic error in surgery, whether by operating on the wrong body part or leaving a piece of equipment inside that body part, something is wrong. Doctors have patients' best interests in mind, but the demands that are placed upon them may jeopardize their good intentions. If you have suffered as a result of a botched operation, contact a personal injury attorney who can advise you of your rights and help you get the justice you deserve.

Originally posted at InjuryBoard by John Cooper