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- Appeal decision protects some medical information: lawyerPosted on 6/23/2010
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Accidents and Injuries
Difficult Choices For Copter Crash Victims Include US Lawsuit
The known evidence is pointing more and more strongly to potential negligence on the part of Sikorsky Helicopter Corporation, based in Connecticut, United States of America. Today the Globe and Mail published a story that it had obtained documents showing that the Sikorsky S-92 “failed a critical test of whether the aircraft can keep flying if the oil in its main gearbox leaks out…. Certification documents show that the S-92 couldn’t meet a specification that calls for the main gearbox to run for half an hour without oil – a requirement known as “dry run”.” I wrote about the 30 minute dry run requirement in “Families Review Legal Options”. The story quoted an experienced test pilot who said that until three weeks ago, he would have assumed the S-92 would fly without oil pressure for 30 minutes – which probably is exactly what the pilot of Cougar Flight 491 assumed as he was making for safety at Cape Spear. “Now I know different.”
The laws of Newfoundland and Labrador are not generous in wrongful death cases, in fact they are downright backward. I have to deal with this in the Breast Cancer Testing Class Action. How about some attention to law reform here, Danny Williams, Q.C.?
A very important question is whether the victims of a product defect which causes death and injury in Newfoundland and Labrador, Canada, can sue a product manufacturer which is based in the United States of America. I know from experience in other cases that the money damages in a US court can be ten times the damages available here.
So last week I contacted a leading US aviation liability lawyer in the United States for advice. Bottom line: there is no black and white answer, but the chances of bringing suit in the US are greatly improved if the Cougar/Sikorsky family members are guided from the start by sound Canadian and US legal advice on how to achieve the fullest measure of justice.
The decision to accept Workers Compensation or not is a complicated decision to be based on many individual factors. The decision must be made within 6 months in death cases, 3 months in a case of injury, so there is time to sort through the options. Families should obtain a package of information from the Commission, and obtain the best advice they can, from the Commission, union representatives, and other trusted advisors.
One of these advisors should be a personal injury lawyer with experience in product defect cases and the ability to access top legal expertise in the complicated world of aviation disaster law.
There are strong reasons for all the families and their legal advisors to stick together in these early months and develop a common strategy. The potential benefits of acting together are great. Loved ones lost in the tragedy would expect it.
If this sounds expensive, lawyers who do this kind of work usually work on a “no cure no pay” or contingent fee basis, meaning the fee will be a percentage of the settlement or court award. Anyone looking for a lawyer should interview more than one lawyer, taking care to discuss qualifications, case strategy, and fees. You don’t just want a good lawyer, you want the best lawyer for your case!
St Louis Bankruptcy Blog
What Is An Attorney Only Chapter 13 Bankruptcy Payment Plan?
Date: 09/03/2010Missouri Injury Blog
Everything You Need To Know About Motorcycle Helmets
Date: 09/03/2010Personal Injury Attorney News
What Car Accidents are Costing You
Date: 09/03/2010Personal Injury Attorney News Portal
Pedestrian Injured in Bus Accident
Date: 09/03/2010Pedestrian Injured in Bus Accident is a post from: Personal Injury Attorney News Portal
Personal Injury Lawyer News
Fullerton Car Accident Injures Three
Date: 09/03/2010Fullerton Car Accident Injures Three is a post from: Personal Injury Lawyers News
Personal Injury Lawyer Report
Pedestrian Injured in San Diego Car Accident
Date: 09/03/2010Pedestrian Injured in San Diego Car Accident is a post from: Personal Injury Lawyer Report
Personal Injury Lawyer Journal
San Diego Hit-And-Run Collision Injures Pedestrian
Date: 09/03/2010San Diego Hit-And-Run Collision Injures Pedestrian is a post from: Personal Injury Lawyer Journal
Personal Injury Questions and Answers
Woman Injured in San Diego Hit-and-Run Car Accident
Date: 09/03/2010California Injury Blog
Motorcycle Accident Causes Major Injuries
Date: 09/04/2010
A motorcyclist sustained serious personal injuries after an accident on the 5 Freeway in Mission Viejo caused by a pallet dropped on the roadway. According to a news report in The Orange County Register, the motorcyclist was northbound on the freeway near Oso Parkway on August 27, 2010, when he struck the debris and crashed. He has been hospitalized with major injuries. California Highway Patrol officials are investigating this incident.
I sympathize with this motorcyclist, who has apparently suffered severe injuries because of someone else's negligence. I pray he recovers quickly and completely from his injuries.
This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury LawyersVirginia Wrongful Death Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
California Personal Injury Blog
Pasadena Hit-and-Run Crash Injures Elderly Pedestrian
Date: 09/03/2010Pasadena Hit-and-Run Crash Injures Elderly Pedestrian is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers
Halifax Personal Injury Blog
Traumatic Brain Injury a "Disease" not an "Event"
Date: 09/02/2010Traumatic Brain Injury Claims
New research published in this months issue of the Journal of Neurotrauma advocates treating traumatic brain injury as a chronic disease process, rather than an isolated event.
As a brain injury lawyer, I wholeheartedly agree with the conclusions reached in the article.
Brain Injury the Beginning of a Process
The authors of the study, Brent E. Masel and Douglas S. DeWitt from the Univesity of Texas Department of Neurology state that:
The purpose of this article is to encourage the classification of traumatic brain injury (TBI) as the beginning of a chronic disease process, rather than an event or final outcome. Head trauma is the beginning of an ongoing, perhaps lifelong, process that impacts multiple organ systems and may be disease causative and accelerative.
The authors review how a brain injury is often the start of a degenerative process that may cause further injury, even death, months or years after the initial trauma. The conclusions reached by the authors no doubt will be supported by brain injury survivors, their family's and those that advocate for survivors.
Chronic traumatic brain injury disease should be reimbursed and managed on a par with all other chronic diseases. Only then will the individuals with this condition get the medical surveillance, support, and treatment they so richly deserve. Only then will brain-injury research receive the funding it requires. Only then will we be able to truly talk about a cure.
Virginia Car Accident Lawyer Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
Halifax Sexual Abuse Claims Blog
Priest Sexual Abuse Class Action Filed in Montreal
Date: 09/02/2010A new class action has been filed in Quebec alleging sexual abuse by priests.
The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.
The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.
I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.
I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.
Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.
Halifax Medical Malpractice Blog
Doctor Sues to Silence Patient
Date: 07/28/2010I read blog post today by my colleague Catherine Bertram, a medical malpractice lawyer in Washington D.C. that I thought was interesting.
Dr. Sues Her Patient
She has posted about a California physician, Dr. Kimberley Henry, who has sued one of her own patients who posted a negative review about Dr. Henry online. I wonder if Dr. Henry is opposed to online rating websites generally or just the ones that say bad things about her? Keep in mind that Dr. Henry has signed up for some of these webites and posted her profile.
Gag Orders
Last year I posted about a similar issue Doctors Forcing Patients to Sign Gag Orders .
Catherine's post indicates that some doctors are becoming more aggressive about trying to prevent patients from exercising their right to freedom of expression.
Coming to Canada?
I'm not aware of any similar suits here in Canada, but the online doctor rating sites like Rate MD are a great resource for Canadians. Is it only a matter of time before we start to see doctors suing their own patients?
What do you think? Let me know by posting a comment.
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