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How To Seek Damages For A Dog Bite

Posted by on Apr 29, 2016 in Personal Injuries | 0 comments

They say that dogs are a man’s best friend. They can protect your property, your belongings, and they make a great companion. But things can get out of hand sometimes and in one moment you could find yourself embroiled in a dog bite lawsuit. Getting bitten by a dog can be fatal due to the rabies that could easily spread throughout your body. Before anything else, you need to seek medical attention as you can get seriously injured, infected, or worse, die. In fact, the Cleveland Clinic says that outside of the United States, dogs are the most common source of rabies transmission to humans.

Once medical treatment has been done, you can try to hold the owner of the dog liable for damages. According to the website of Karlin, Fleisher & Falkenberg, dog bites can be traumatic because it will require extensive medical and rehabilitative treatment. If you plan to file a lawsuit against the owner of the dog, you may first need to understand the laws in your state regarding dog bites. Aside from that, it is important to know that these lawsuits are not resolved quickly and may take a few months or years to have a conclusion.

Proving Liability

Proving liability is the main concern when it comes to dog bites. You and your lawyer will have to work hand in hand to show in court that the owner of the dog was liable for the injuries you sustained due to the dog’s behavior. Depending on the state you are in, holding the owner liable can be a real challenge.

In some states such as in California, dog bites are governed by strict liability laws. This means that any injuries that result from the dog bite will make the owner at fault. The only time the owner will not be held liable in a strict liability law state is when you were trespassing in the property of the owner or if it can be proven that you were taunting the dog.

Likewise, in other states, liability is governed by the “one bite” law. In a state like Texas, for example, a dog owner is not responsible for any injuries, if it was the first time you were bitten by a dog. However, succeeding bites will make the dog owner liable. According to the website of the Benton Law Firm, the owner of the dog can also be charged with second-degree felony or imprisonment of up to 20 years if the victim dies after the dog bite.

It is worth noting that even if your case does not comply with the requirements to make the owner liable in a strict liability or one bite state, you can still prove negligence on the part of the owner. You can still charge them due to their violation of the leash law, which allowed the dog to attack you. This way, you can still charge the owner even if it is the first time that their dogs bit you.

The Process

The dog bite lawsuit commences when your lawyer sends a demand letter to the owner of the dog informing them of your intention to press charges, your injuries, the argument, and the acceptable settlement amount.

After sending of the letter, the period of negotiation comes. Your lawyer will try to negotiate a settlement agreement that is favorable to you. If the other party does not agree, then your lawyer will now file the formal lawsuit against the owner of the dog.

At the trial stage, the prosecution and defense will now proceed with the presentation of their evidences by presenting their witnesses. The jury will then deliberate and give their verdict.

Dog bite lawsuits can be a long and draining process so you need to ask yourself whether it is worthwhile to pursue a case against the dog owner.

Understanding The Relation Between Morcellators And Cancer Risk

Posted by on Apr 28, 2016 in Medical Defects | 0 comments

Several studies and research have further strengthened evidence that morcellators can play a role in the spread of uterine cancer. According to the website of Williams Kherkher, morcellators are no longer recognized as safe and effective medical devices for removing fibroids or other noncancerous growths during hysterectomy or myomectomy. The US Food and Drug Administration has already issued warnings against the use of morcellators in uterine surgery.

Morcellators are drill-like medical devices for shredding and removing tissues in surgical procedures such as hysterectomy, fibroid removal, and other gynecological operations. Johnson & Johnson already withdrew its morcellators from the worldwide market after the warning issued by the FDA. Ethicon, a division of Johnson & Johnson and a manufacturer of power morcellators, suspended the sales of these devices pending further studies.

In a review of more than 200,000 patients, it was revealed that 1 in every 368 women who were treated with morcellators had unsuspected uterine cancer during or after their procedures. Medical records also revealed that in 36,470 cases that undergone morcellation procedure, 99 were diagnosed with uterine cancer. Aside from that, 26 other gynecologic malignancies were identified as well as 39 uterine lesions of uncertain malignant potential and 368 cases of endometrial hyperplasia.

A study by the University of Michigan conducted in February 2015 revealed that 1 in 368 women who underwent hysterectomy or fibroid removal had undetected uterine sarcoma. Cells from these cancers, which includes the lethal leiomyosarcoma can spread throughout the abdomen during the procedure. It can upstage the cancer, making the treatment more difficult. The study used information from nearly 7,500 women diagnosed with hysterectomy.

Another study, which was published last month in the Journal of the American Medical Association Oncology revealed that women who undergo morcellation for treating hysterectomy are more prone to risks of undetected cancer than women who undergo fibroid removal. Younger women who want to have children prefer fibroid removal than hysterectomy compared to their older counterparts.

“I think our findings are important because prior to this there were few studies that have examined the use of morcellation in the public, and we really didn’t have a good idea of what the risk of cancer was,” lead author Jason Wright, MD said “From a patinet’s perspective, this is important because it helps them gauge the risk of undergoing morcellation. I think it’s important for doctors and patients to discuss the true risk of cancer when considering morcellation.”