The Faerber Law Firm Blog

By Jared Faerber of The Faerber Law Firm

No one expects to report for an abdominal or knee surgery and come out of the operation with a permanent nerve injury or burn to a completely different part of the body.  Yet this occurs more often than necessary in Utah hospitals and surgical centers.  It is often the result of malpractice.

Improper positioning and padding during surgery can lead to compression neuropathy, A condition wherein nerves become compressed or entrapped due to trauma, pressure, inflammation, or entrapment.  The result can be permanent loss of nerve function, numbness, pain, and weakness.  Although procedures such as carpal tunnel release can improve symptoms, many nerve injuries are permanent and disabling.  Surgical patients also occasionally suffer burns during procedures due to the misuse of heating pads which are used to prevent vasoconstriction.

How can a patient’s lawyer in Utah prove a compression neuropathy or burn resulted from negligence during a surgical procedure rather than from some other cause?  After all, the patient is completely unconscious and has no way of knowing exactly what occurred during the procedure.

Utah law is uncharacteristically favorable to injury victims in these cases.  The legal doctrine of res ipsa loquitur may allow the injured party to raise an inference of negligence.  Simply put, res ipsa applies when the injury is the kind of thing that usually doesn’t happen unless someone made an error, the defendants had control of the situation, and the injured patient did not cause their own injury.  See Baczuk v. Salt Lake Regional Medical Center, 8 P.3d 1037 (Utah Ct. App. 2000).

As a Utah medical malpractice attorney, I have successfully brought these types of claims for injured plaintiffs. I have helped those who suffered from ulnar neuropathy, compartment syndrome, and other injuries during surgery.  They are not easy claims, even with the favorable law, as defendants will sometimes contest the severity of the injury even if they admit liability.  Yet injured patients deserve a fair opportunity to recover for situations they did not create or deserve. I enjoy helping them reach this worthwhile goal.

By Jared Faerber of The Faerber Law Firm

Insurance companies deliberately delay, deny, and defend automobile injury claims in Utah and other states around the country. CNN and Anderson Cooper, among others, have conducted extensive investigations to reveal these types of practices in the insurance industry.

Former insurance industry insiders have reported strategies implemented by many insurance companies to limit and deny legitimate claims in minor injury cases. As a result, insurance companies have reaped billions of dollars in profits. Have the companies passed on these profits to consumers in the form of lower premiums? Hardly. Premiums are as high or higher than ever.

Three elements were the focus of the strategy: delay, deny and then defend the claims in court. The insurance industry claims these strategies were not to be used against legitimate claims, but only to fight fraud. The individuals highlighted in CNN’s report, however, say otherwise. Injured parties would be forced to spend years and years in court in an attempt to resolve even small claims. In my years of experience as a Utah personal injury lawyer, I’ve also seen insurance companies such as Allstate, State Farm, and Farmers deny legitimate claims and fight aggressively to avoid paying fair value.

The insurance industry has also fought a new Washington State law requiring insurance companies who deny legitimate claims and later lose in court to pay three times the damages, plus attorneys’ fees. Known as the Fair Conduct Act, this law passed the legislature and was signed by the governor of Washington. Insurance companies have filed a referendum to try to get the law off the books. They have spent millions on television commercials and other advertising to defeat the law. If the industry is only using its deny, delay, and defend strategy on fraudulent claims, why are they so afraid of this law?

According to the story, in 2005, homeowner’s and auto insurance companies made a record 44.8 billion in profits, a 19% increase from 2004. The industry again made record profits in 2006, and continued to do well in 2007. Of course there is nothing wrong with making a profit, but doing so through dishonest practices is unacceptable.

For the complete CNN story, see:

http://www.youtube.com/watch?v=IvPW087RiJ8&feature=related

By Jared Faerber of The Faerber Law Firm

A dog attack may last only a few seconds, but the physical and emotional scars can last a lifetime. Utah law is appropriately favorable to victims of dog bites. Under Utah law, a dog owner is liable for injuries caused by his or her dog whether or not that dog has previously bitten others or shown signs of being vicious.   Lawyers call this strict liability, or liability without fault.  It is an easier standard than negligence because it does not require the plaintiff to show carelessness on the part of the dog owner.  While there are still some defenses in Utah, generally, all a plaintiff must show is that the defendant owned or kept the dog and that the dog harmed the plaintiff.

In my experience with these types of cases, there is often insurance coverage available, specifically home owner’s insurance,  to satisfy claims made against dog owners.  Dog bite victims should remember that they may need future medical care such as scar revision surgery from a plastic surgeon.  In other cases I have handled, the victims required physical therapy to rehabilitate damaged muscles.   It is also important to remember that scars, particularly on the face, can result in permanent psychological damage and self-esteem issues.

Another tragic aspect of these types of cases is that most of them are completely avoidable by the dog owners.  With proper training, socialization, control, and confinement, dogs can be safely kept. When these practices are not observed, terrible injuries can occur.

By Utah Injury Lawyer Jared Faerber of The Faerber Law Firm

“This shouldn’t have happened. It was needless. It was senseless and it’s changed lives forever, not just Jessie, but there are other people who love him and his future.”

- Laurie Scott

This is from the mother of 18-year-old Jessie Scott, a resident of Draper, Utah, who has been in a coma since the end of April because of a medication error which occurred at a Walmart Pharmacy. His doctor prescribed 5mg of Oxycodone Hydrochoride in a liquid solution to help him with the severe pain of his strep throat. What he received from the pharmacy was a concentrated solution which was supposed to have been diluted before being dispensed. Jessie ended up receiving 20 times the prescribed dose for a total of 100mg of the concentrated solution. Within hours his organs began to fail and he was placed on a ventilator.

Jessie spent 16 days in ICU, was moved to intermediate care for another four days, then to HealthSouth for intensive therapy. He has recently started speaking again.

The words of Jessie’s mother really say it all about this horrific situation. Medication errors are some of the most common medical mistakes. Click here for more information.

Our thoughts are with the family in this difficult time.

By Utah Attorney Jared Faerber of The Faerber Law Firm

No one thinks it will happen to them.  That’s why it is easy to ignore it and think someone else will fix it.  We are talking about medication errors like the one which nearly killed the children of actor Dennis Quaid.  This near fatal drug mix-up involved administering nearly 1000 times the regular dose of a blood thinner to Quaid’s newborn twins.  This demonstrates even famous actors are not immune from this devastating, and common occurrence.

Medication errors are among the most common medical errors, harming at least 1.5 million people every year, according to a 2006 report from the Institute of Medicine of the National Academies. The extra medical costs of treating drug-related injuries occurring in hospitals alone conservatively amount to $3.5 billion a year.

Errors are common at every stage, from prescription and administration of a drug to monitoring of the patient’s response. It estimated that there is at least one medication error per hospital patient per day, although error rates vary widely across facilities. Not all errors lead to injury or death, but the number of preventable injuries that do occur is troubling.

New computerized systems for prescribing drugs and other applications of information technology show promise for reducing the number of drug-related mistakes. Studies indicate that paper-based prescribing is associated with high error rates. Electronic prescribing is safer because it eliminates problems with handwriting legibility and can automatically alert prescribers to possible interactions, allergies, and other potential problems. Many providers have already switched over to electronic systems.

Confusion caused by similar drug names accounts for up to 25 percent of all errors reported to the Medication Error Reporting Program http://www.usp.org/hqi/patientSafety/mer operated cooperatively by U.S. Pharmacopeia (USP) and the Institute for Safe Medication Practices (ISMP). In addition, labeling and packaging issues were cited as the cause of 33 percent of errors, including 30 percent of fatalities, reported to the program.

As a Utah medical malpractice lawyer, I’ve seen the devastating effects of medical negligence first hand.  A seemingly small mistake can lead to a lifetime of problems.  Over the years, I have enjoyed helped many people recover financially and emotionally from their injuries. If you or someone you know has been injured by a medication or pharmacy error, contact a Utah medical malpractice lawyer today at The Faerber Law Firm for a free, no obligation consultation.

Posted by Utah personal injury lawyer Jared Faerber of The Faerber Law Firm

Attend to Injuries

Get medical attention immediately and tell your doctors exactly how the injury occurred. Make sure to describe all symptoms and complaints.

It is best to seek attention quickly, even if you are not sure that you need it. You may be in shock and not notice your own injuries.

Make sure to follow-up with additional concerns and follow the advice of your doctor.

Be Careful About What You Say

When talking to the police or highway patrol about the accident, it is important to be truthful, but to also keep your comments minimal. Limit yourself to asking if anyone was hurt. You should NOT:

• Apologize
• Admit it was your fault
• Say “I didn’t see you” or anything of the kind

Comments like these could be taken as an admission of fault. At this stage, it is often too early to determine fault, and you do not want to risk damaging your case down the road.

Talk to no one about the accident or injuries except the police, your doctor, or lawyer.

Report the Accident

Call 911 to report the accident. Utah law requires accidents be reported immediately to law enforcement. See Utah Code Annotated § 41-6a-401. and 41-6a-401.7. This is not only required by law, it also creates written evidence of the accident and helps document fault.

Obtain Information

• Obtain the name, address, insurance information, vehicle license number and driver’s license number of everyone involved in the accident.
• Get the names, addresses and telephone numbers of all witnesses.
• Photograph the accident scene, including all vehicles involved (before repairing) and any visible injuries (e.g., cuts, bruises).

Contact an Attorney

It is important to contact an experienced attorney immediately who specializes in personal injury claims. Early legal representation can help preserve your claim and ensure the maximum recovery. If you or a loved one has been injured in a car or truck accident, contact us today, and we would be happy to talk with you for free about how we can help.

Jared Faerber of The Faerber Law Firm.

As of July 6, 2008, the CDC confirmed that since April 10, 2008, at least 971 persons infected with salmonella Saintpaul with an identical genetic fingerprint have been confirmed in 40 states and the District of Columbia.  The number of ill persons identified in each state is as follows: Arkansas, Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Hampshire , New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, and the District of Columbia. The largest concentration of outbreak cases is in Texas, where over 381 illnesses have been confirmed.

Over the past few weeks, the FDA, CDC, and state health laboratories have tested thousands of tomato samples in an effort to pinpoint the source of the outbreak.  Those testing efforts have thus far failed to locate the salmonella Saintpaul bacteria.  Accordingly, the CDC and FDA have now turned their attention to products commonly served with tomatoes in salsa or guacamole - i.e. jalapeno peppers, onions, and cilantro - as possible sources for the outbreak.  Testing of those items is now underway in laboratories all over the United States.

The confirmed illnesses have onset dates between April 10th and June 26, 2008.  The patients range from <1 to  99 years of age.  The contaminated population is divided evenly among females and males.  At least 189 persons have been hospitalized.

In Utah, there are only 2 confirmed cases of salmonella Saintpaul to date.  However, this likely greatly understates the actual number of illnesses because many people with salmonella illness do not have their urine, blood, or stool specimens tested. The true number of salmonella infections associated with this outbreak is likely 40 times the number of those reported.

For the latest FDA information on the investigation of this outbreak, click here.

If you or a loved one have tested positive for salmonella since April 1, 2008, please contact us immediately for a free, no-obligation consultation.

Posted by Jared Faerber of The Faerber Law Firm.

An estimated 15 million U.S. children are still riding completely unbuckled, according to the National Safety Counsel.  This is an incredible statistic given what we know about the importance of proper restraint for children.

Experts say infants should be in rear-facing car seats, but may be moved to a forward-facing seat after their first birthday. Those from four to eight should ride in booster seats, according to safety officials, and all youngsters under the age of 12 should be in the back seat, away from air bags.

A recent Pennsylvania study found that children who weigh less than 80 pounds and use conventional seat belts are nearly four times more likely to be seriously hurt in a crash than youngsters sitting in safety or booster seats.

Children who don’t fit the seat belt properly can hit their heads on their knees, jerk forward and damage their spines, or slide out of the belt altogether.

Safety experts recommend that children up to age 4 be restrained in child safety seats and those older be placed in booster seats until they are large enough to fit properly in a seat belt, usually by age 9.

A booster seat allows a child to sit higher and fit better in the shoulder belt.

Roads in Utah and elsewhere are dangerous places.  We cannot control the driving patterns of others, so please do everything in your power to protect yourself and your loved ones.

Technology City is a customer friendly technology company based at Calgary, Canada. We offer technology solutions that enable businesses world wide to make best business decisions.

Unique is our offer of Digital Freedom which includes freedom from limitations of time and space, freedom to access information and entertainment, freedom to communicate, anytime and anywhere, freedom to use products that are simple to handle, accessible, and innovative.

Technology City has raised to the challenges of the times, with new technology product introductions that assured high sales and profits. Our major achievement has been meeting adequately the challenges of digital convergence worldwide.

Canadian Clients
403-668-9241
403-775-7287

USA Clients
305-767-2919

OR

Fax: 403-770-8029
Information Team
info@technologycity.ca
Sales and Business Development Team
sales@technologycity.ca
Support Team
support@technologycity.ca
Human Resource Department
jobs@technologycity.ca