Terre Haute Personal Injury Attorneys

Getting the Care You Need After a Spinal Cord Injury

by Staff | September 22nd, 2015

Estimates from the National Spinal Cord Injury Statistical Center show that as many as 34 people will suffer a serious spinal cord injury each day. It’s no secret that the sooner this type of injury is diagnosed and treated, the higher the likelihood the patient will fully recover; however, data indicates many older patients are waiting longer to receive the care they need for a spinal cord injury and it could be the result of negligent care.

A study published earlier this month in the Canadian Medical Association Journal examined the cases of 1,440 patients who had suffered a spinal cord injury. According to an article from The Hamilton Spectator, researchers concluded a significantly greater number of senior patients die in hospitals after sustaining spinal cord injury, even though they have less severe injuries than younger patients.

Experts who led the team believe there could be several factors that could be leading to this particular issue. It could be the patient’s unwillingness to undergo the necessary treatment. It could be the doctor’s negligence in prioritizing patient care to treat younger injury victims or simply chalking up an elderly patient’s symptoms to being due to “old age.”

Regardless of your age or injury, you have a right to quality medical care and our Terre Haute personal injury attorneys with Fleschner, Stark, Tanoos & Newlin are here to help. Learn more about how we can help by visiting our website.

Lawmakers Consider Increasing Indiana Medical Malpractice Cap

by Staff | September 14th, 2015

When a medical professional’s mistake or negligence leads to a patient being harmed, the victim may have a right to seek compensation for damages; however, the amount of damages an injured patient can receive is currently limited under Indiana medical malpractice cap laws. These limits could potentially increase in the near future though.

Our Terre Haute medical malpractice lawyers at Fleschner, Stark, Tanoos & Newlin explain that under the current medical malpractice limits, a patient in Indiana who has been harmed can only receive $1.25 million. This limit was established more than 15 years ago. Since that time, medical costs have risen and the value of the American dollar has declined. This means that in many cases, $1.25 million may not be enough to cover the victim’s medical expenses.

These are just a few of the reasons state officials are considering raising the Indiana medical malpractice cap. Many believe there has been a need to increase these limits for quite some time, while others claim an increase to the cap could significantly inflate the costs of doing business for medical professionals. In fact, a lobbyist for the Indiana Medical Associations told Indiana Public Media that a $400,000 increase to the cap could raise a physician’s costs by as much as 15 percent.

Getting victims of medical malpractice the compensation they deserve is one of our goals at Fleschner, Stark, Tanoos & Newlin and we have seen how the limits our state places on damages for these cases also limits a patient’s ability to fully recover. This is the reason our Terre Haute personal injury attorneys are hopeful state officials reach a decision to increase the Indiana medical malpractice cap.

 

Operation Truck Stop Curbs Unsafe Tractor-Trailers and Truck Drivers

by Staff | September 4th, 2015

Many contributing factors can play a part in a commercial truck accident, but the Terre Haute truck accident lawyers at Fleschner, Stark, Tanoos & Newlin point out that some of the most common and preventable causes of these crashes include safety violations.

From worn tires and braking systems to fatigued drivers behind the wheel, unmaintained vehicles and negligent drivers can pose many hazards to others on the road. This was made evident by the numerous tickets and warnings issued by state and local law enforcement officials during a recent trucking safety campaign.

LandLine Magazine explains that Indiana State Police partnered with agencies from Michigan City, Porter County, La Porte County, and St. Joseph County in conducting Operation Truck Stop. The focus of the safety blitz was to address safety violations involving tractor-trailers and their drivers. Officials say their efforts were a success.

In all, 243 tickets were issued for varying safety violations and another 289 warnings were issued.

Many vehicles and drivers were taken off the road as a result of their violations. Of 74 vehicles inspected, a total of 14 were placed out of service and another 10 trucks were impounded.

The legal team at Fleschner, Stark, Tanoos & Newlin recognize the threat that unsafe tractor-trailers and drivers can pose to all on the road. That’s why our Terre Haute personal injury attorneys would like to applaud the efforts made during this recent safety campaign.

 

How Employee Misclassification Could Affect Your Rights to Workers’ Compensation in Indiana

by Staff | August 14th, 2015

In the state of Indiana, most employers are required to carry an insurance policy that will cover the expenses related to a worker being injured in an accident; however, many companies are keeping injured workers from receiving the benefits they deserve through a process known as worker misclassification.

Our Terre Haute workers’ compensation lawyers at Fleschner, Stark, Tanoos & Newlin explain that only workers who are hired as employees of a company are covered under workers’ compensation policies. So, if a company hires an independent contractor and that individual is injured on the job, the company isn’t responsible for covering their costs, such as lost wages or medical expenses. This has led to some companies listing employees as independent contractors in order to avoid liability in the event of an accident.

According to an article from NPR News, this is a practice the U.S. Department of Labor is currently working to end. The agency has issued a set of guidelines that outline the process a company must use in order to determine if a worker is an employee or an independent contractor. The guidelines are based on court decisions that offered guidance as to appropriate contract lengths, control of schedule, and payment structures.

We believe in protecting the rights of injured workers and our Terre Haute personal injury lawyers at Fleschner, Stark, Tanoos & Newlin are hopeful these new guidelines can benefit workers who may be incorrectly titled as classified as independent contractors.

Could the 21st Century Cures Act Compromise Patient Safety?

by Staff | August 14th, 2015

The U.S. Food and Drug Administration (FDA) is responsible for regulating the safety of medical products released in the United States. They achieve this through strict policies that require testing of any new drug or medical device. Our defective product lawyers at Fleschner, Stark, Tanoos & Newlin explain a new law has been introduced to federal lawmakers that could potentially compromise the agency’s ability to ensure the safety of medications and medical devices in our country though.

The 21st Century Cures Act was passed through the House of Representatives last month and will now go before the Senate for consideration. The bill is intended to enhance the development of medical technology in the U.S., but in doing so, could put the health and safety of patients at risk.

According to Health News Review, the 21st Century Cures Act would allow new medical devices to submit case studies as evidence of a product’s safety for premarket approval. Current law requires these new products to undergo rigorous studies that can quantify the safety of a product, rather than simply depending on the results that were found in a small batch of tests.

Not only would the bill lower the standards for proving a product’s safety, but it could also present a conflict of interest in how evidence of a product’s performance is gathered. That’s because the bill allows companies to hire independent, third parties to conduct the testing of devices.

Protecting the public from the dangers of a defective medical device is a top priority for our Terre Haute personal injury attorneys at Fleschner, Stark, Tanoos & Newlin and we’re hopeful lawmakers will carefully consider the benefits and risks of the 21st Century Cures Act before voting on the measure.

Researchers Develop New Treatment for PTSD

by Staff | July 31st, 2015

One of the leading conditions affecting soldiers and veterans who have returned from duties overseas is Post-Traumatic Stress Disorder (PTSD). Our Indiana veterans disability lawyers at Fleschner, Stark, Tanoos & Newlin say it’s estimated that at least 540,000 service members who served during the Iraq and Afghanistan conflicts have came home with the condition.

PTSD can be identified by symptoms such as:

  • Changes in behavior
  • Changes in sleep patterns
  • Increased anxiety
  • Hypervigilance
  • Substance abuse

With so many of our nation’s veterans suffering from PTSD, it’s crucial that we develop new and better ways to treat the condition and that’s precisely what a team of researchers at Indiana University is working towards.

According to an article from WTHITV 10 News, the group is in the process of developing an innovative PTSD treatment that works by affecting chemicals in the brain.

Glutamate is a chemical that is released in the brain when traumatic events are experienced. The team has found a way to safely block the chemical in the brain, which can weaken traumatic memories and enforce more favorable memories. Officials say the research could be used in the development of new medications, which could be released within three to four years.

Giving our veterans and soldiers the care that they deserve is important to our Terre Haute personal injury attorneys at Fleschner, Stark, Tanoos & Newlin. That’s why we’re hopeful this research can be used to benefit the members of our nation’s armed forces in the near future.

New Study Aims to Help Reduce Traumatic Brain Injury Counts in Athletes and Soldiers

by Staff | June 26th, 2015

Two of the most common victims of traumatic brain injury (TBI) today are soldiers and athletes. Concussions have risen in high school athletes by as much as 200 percent over the past decade and a similar increase has been reported in collegiate and some professional sports as well. Furthermore, around one-third of soldiers returning from duty overseas are diagnosed with a TBI.

Our Terre Haute brain injury lawyers at Fleschner, Stark, Tanoos & Newlin explain that in order to help reduce these numbers, the National Collegiate Athletic Association (NCAA) and the Department of Defense have partnered to conduct a study on TBI victims.

According to an article from ESPN, the organizations have an estimated 35,000 participants who are collegiate athletes or cadets at U.S. military academies. Those individuals taking part in the $22 million study will be followed for several years not only to determine the frequency at which TBIs occur, but also the impact those injuries later have on the victim’s activities.

The aim of the study is to create better and more efficient injury management techniques.

Our Terre Haute personal injury attorneys at Fleschner, Stark, Tanoos & Newlin point out that it could take years for researchers to draw any significant conclusions. So, in the meantime, both athletes and soldiers should take precautions to help avoid TBIs. One of the best ways for these individuals to protect themselves is by wearing safety equipment, such as helmets.

 

Several Tips On How To Prevent A Dog Bite Injury

by Staff | April 3rd, 2013

April 3, 2013

The Centers for Disease Control and Prevention estimates that more than 4.7 million individuals sustain a Dog Bite Injury each year. An article from the Kokomo Tribune discusses this growing problem and what citizens can do to prevent being the victim of such an injury.

The story explains how children and the elderly are often the most common victims of dog bite injuries. Many people wonder what causes a canine to feel the need to attack. While experts say some cases involve a lack of properly socializing the animal, more often the animal is just trying to protect itself by eliminating a perceived threat.

So, what can you do to better protect yourself and your family from the dangers of an aggressive dog? It is important to teach children to always ask an owner of a dog if it is okay to pet the animal before approaching it. Furthermore, kids should be instructed to never run from a dog. This can trigger the animal’s instinct to chase and bite. Instead, they should be told to stand still and not make eye contact with the animal.

If a person is bitten, the dog that is responsible for the attack should be reported to animal control immediately.

The law firm of Fleschner, Stark, Tanoos & Newlin and their team of Terre Haute Personal Injury Attorneys are hopeful these tips will help prevent attacks and encourage citizens to safely interact with canines.

Indiana Stryker Defective Hip Implant Lawsuit Moves Forward

by Staff | March 13th, 2013

March 13, 2013

An Indiana Defective Medical Device Lawsuit will move forward after the U.S. District Court for the Southern District of Indiana ruled against a request to have the case dismissed.

In August 2005, court documents show the victim had a Stryker Trident hip replacement device implanted in her body. Shortly thereafter though, the victim began to experience pain, as well as popping and squeaking of the device at the site of the surgery. According to Injury Lawyer News, the patient eventually had to have a corrective procedure performed.

The victim later filed a lawsuit against the manufacturer of the device, alleging the product was the direct result of her pain and suffering. Stryker and its subsidiary companies called for the lawsuit to be dismissed on the grounds the Medical Device Act states such claims should not be heard. The U.S. Food and Drug Administration approved the implant as a Class III device and the law prohibits such claims from being made in regards to this class. Also, the defendant claimed the lawsuit did not specify whether the injury was the result of the product or a doctor’s error during the implant surgery.

The court disagreed with Stryker’s claims though, saying the defendant had shown the legitimacy of the lawsuit.

The Terre Haute Personal Injury Attorneys at Fleschner, Stark, Tanoos & Newlin may be able to help if you are preparing to file a personal injury lawsuit against the manufacturer of a defective product.