Medical malpractice suits have been pigeonholed by doctors and insurance companies as being time consuming, inefficient, and expensive. Because of this, patients are discouraged from filing malpractice claims. However, not only do malpractice suits compensate victims for the injuries they suffer because of the negligence of those in the medical field, medical malpractice claims are also being used to research and expose diagnostic errors that are responsible for 40,000 to 80,000 hospitalized patients annually.

Studies from this research show that 40% of malpractice cases are the result of errors that could have been prevented with a more thorough exam. This negligence costs insurance companies an average of $300,000 per case to settle. Medical malpractice suits largely occur when a patient seeks doctor advice and has symptoms that are not researched further. Additionally, med mal cases linked to diagnostic errors appear to be on the rise as doctors who are struggling with heavy case loads take shortcuts or don't act on their patient's symptoms. 

For more information on medical malpractice, click here.

Here in Las Vegas we are no stranger to high winds, and today is no exception. Gusts are expected to reach up to 60 mph, and high wind advisories are in effect. The Illinois Department of Transportation offers us a useful video on driving safety in windy weather. Strong winds can cause property damage and generate blowing dust, impacting visibility on the roads. Drivers are warned to be aware of dangerous crosswinds, causing a loss of control over the vehicle, and low visibility on area roadways.

May 20-26, 2012, is National Dog Bite Prevention Week, and we want to bring to light important issues surrounding dog bites and how to prevent a dog bite from occurring. To start, here's some statistics from the American Veterinary Medical Foundation that might surprise you:

4.7 million people in this country are bitten by dogs every year

children are by far the most common victims

800,000 Americans receive medical attention for dog bites each year

children are far more likely to be severely injured; approximately 400,000 receive medical attention every year

most dog bites affecting young children occur during everyday activities and while interacting with familiar dogs

senior citizens are the second most common dog bite victims

However, there are a number of things you can do to prevent dog bites, including proper training, socialization with strangers, and educating others how they should approach a dog. Pets should always be carefull selected, and not obtained on an impulse. Always make dogs feel at ease, not threatened or defensive. Also, healthy dogs are happy dogs, and proper care with a vet will ensure your dog is at his best. Always be cautious around stray dogs, and never approach a dog too quickly. For more information on dog bite prevention click here, and for information on Nevada dog bite law visit our blog post here.

Research shows that using a cell phone while driving (hand-held or hands-free) delays a driver's reactions as much as having a blood alcohol concentration at .08, the legal limit for alcohol consumption. Additionally driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent (source). These shocking statistics show just how dangerous it is to be using hand-held devices behind the wheel, and why laws are changing to prevent drivers from using them. Here's some more scary facts from the California Ofice of Traffic Safety:

80 percent of vehicle crashes involve some sort of driver inattention.

Up to 6000 people nationwide are killed in crashes where driver distractions are involved.

Talking on a cell phone or texting is the number one source of driver distractions.

Texting takes your eyes off the road for an average of five seconds, far enough to travel the length of a football field at 55 mph.  Most crashes happen with less than 3 seconds reaction time.

The act of talking on a cell phone, even hands free, can give you “inattention blindness,” where your brain isn’t seeing what’s right in front of you.  

Thanks to the CA Office of Traffic Safety for these sobering reminders. 

Entrepreneurs must balance numerous tasks and and competing priorities well before they are open for business, including the formation of a legal structure. You'll need to learn how to protect your assets and set your business up for success. If you are starting a small business, you may have a number of questions concerning the proper organization form for your business's needs. What are the advantages of incorporating your small business? What should be included in a partnership agreement? How is a sole proprietor taxed?

Whether you need advice on choosing the right business organization form, or would like assistance getting your new sole proprietorship, partnership, corporation, or limited liability company (LLC) up and running (including the drafting and filing of all necessary formation documents) we can provide key assistance with your new business venture. At each step of the business start-up process, your attorney will work to ensure that all legal bases are covered, and that your new business has the best possible chance for success.

The U.S. Consumer Product Safety Commission has recalled 21,000 inflatable in-ground pool water slides after a woman died and two others were paralyzed. The slides, intended to be placed next to a pool, can deflate suddenly or topple over in high winds. Sadly, a woman was killed when she went down the slide head-first and the slide deflated before she entered the water. The woman's family sued Toys R Us and a jury returned a $20.6 million verdict after less than an hour of deliberation. 

People often attribute product failures to their own misuse or poor maintenance. However, under product liability law, manufacturers, distributors, suppliers, retailers, and others who make products available to the public are responsible for the injuries caused by these products.  If at any time the product lacks the element necessary to make it safe for its intended use, or contains a condition that makes it unsafe for its intended use, then the product is considered defective and the manufacturer of the product may be liable for the injuries caused by the product.  

Learn more about product liability here and learn more about dangers of in-ground slides here. 

A mechanic's lien is a "hold" against your property that, if unpaid, allows a foreclosure, forcing the sale of your home. It is recorded with the County Recorder's office by the unpaid contractor, subcontractor or supplier. Sometimes liens occur when the prime contractor has not paid subcontractors or suppliers. Legally, the homeowner is ultimately responsible for payment - even if they have already paid the prime contractor.

In many cases individuals may sustain serious burn injuries through no fault of their own. In these cases, the burn victim has the right to recover compensation from the responsible party for their injuries, including reasonable medical and rehabilitation expenses, loss of earnings and earning capacity and damages for pain and suffering, permanent impairment and disfigurement.

According to the Centers for Disease Control (CDC), fires and burns are the fifth leading cause of unintentional death in the country and the third leading cause of fatal home injuries. Unfortunately, children are often the victims of burns. The CDC estimates that 435 children are treated in ERs each day for burns. Fires and burns are the second leading cause of unintentional death in children ages five to nine and the third leading cause of unintentional death in children ages one to four.

For more information on burn injuries, click here.

There have been several fatal school bus accidents recently in Las Vegas, bringing to light a very important safety issue. School buses carry children, and should be taking extra precautions when driving the city streets. Safety concerns arise when buses routinely stop on busy streets filled with parked and moving cars. Congestion around a school bus can make an already dangerous situation even worse. Here are some things to remember when driving near a school bus or in a school zone:

• When you see the school bus lights flashing red, come to a complete stop and do not pass the bus until the lights stop flashing. A violation of this rule is a misdemeanor, not just a traffic violation.
• Slow down and follow the posted traffic signs and flashing lights in school zones. Fifteen miles per hour is the usual speed limit in school zones, so pay close attention not to exceed this limit. 
• Remind your children to never walk in a school bus' blind spot, also called the bus' "danger zone." 
• School buses drive slowly for safety purposes. Be kind to bus drivers (and other drivers on the road), even if you are in a hurry.

If you'd like to learn more about how to increase your child's school bus safety knowledge, check out tips from the National Highway Traffic Safety Administration here. 

The General Aviation Revitalization Act of 1994 ("GARA") (found at 49 U.S.C. 40101) prevents a plaintiff for bringing a claim for aircraft manufacturing defects eighteen years after the manufacturing date, even if this period ends before the plaintiff is injured. However, in May of 2010, we successfully completed a wrongful death case on behalf of the surviving parents of a 28-year-old pilot who died while working for a Las Vegas tour operator and crashed a 27 year-old aircraft during a solo flight to perform weather reconnaissance in the Grand Canyon.

For more than ten years, aircraft manufacturers tried to pass legislation limiting their liability for defects in their aircraft.  They wanted a statute of repose, which cut off the liability for aircraft after 18 years. However, the legislation recognizes an exception to the statute of repose, which states that the Act does not apply where the manufacturer concealed, withheld, or knowingly misrepresented safety information that the manufacturer was required to report to the FAA. The regulations are designed to seek safety first.

In the event you have a case involving an older plane, make sure a thorough investigation and analysis is made by the National Transportation Safety Board report and of the reporting to the FAA by the manufacturer of the aircraft. There may be plenty of evidence to overcome a contention that the action is barred due to the running of the eighteen-year statute of repose set forth in the GARA Act of 1994. Read more here.