When it comes to the care hospitals provide, most of us share a pretty simple philosophy: we don’t like going but we assume that we’ll leave feeling better . We collectively trust doctors, nurses, technicians, drug companies, and insurance providers in exchange for results and peace of mind. Naturally, there are some fatal conditions that are beyond the control of doctors and this is the unspoken risk we all face long before we walk through the hospital doors.  Rarely, the unthinkable happens; due to the care provided at the hospital patients are exposed to something that has worsened their health and, in some cases, even caused death.

For over two hundred-fifty patients at Cedars-Sinai, the worst-case scenario has happened. Late last year, officials discovered that patients who went in to the renowned hospital to have CT brain scans used to diagnose strokes, were exposed to dangerously high levels of radiation.  For a procedure so routine, the finding is quite alarming. Roughly eighty of the patients who had been administered the overdose of radiation experienced temporary hair loss. Overdoses of radiation have also been known to cause eye problems, skin irritation and flaky scalp.

Many lawsuits around the country have been filed against hospitals in cases of CT brain scan and radiation overdoses. In December 2009, a lawsuit was filed in Huntsville, Alabama against GE Healthcare, the manufacturer of CT equipment, citing radiation overdose during routine CT scans administered at the Huntsville Hospital. Other suits have targeted hospitals for improper use of the scanning equipment claiming that the hospital staff was under trained on the CT scanners. Ultimately, judges and juries will decide who or what is truly at fault for the radiation overdoses. The legal and medical communities will, hopefully, work together to save future patients from exiting the hospital with more problems than they walked in with.

A defense against the eggshell plaintiff rule is the crumbling skull rule. The crumbling skull rule seeks to rebut the eggshell plaintiff rule by alleging that the harm incurred by the victim was inevitable and the defendant’s actions only had a minimal effect upon the already deteriorating circumstances. For example, a dying patient is treated improperly by a doctor. Under the crumbling skull rule, the doctor would still not be liable for the death of the patient because the doctor’s negligence was not the cause of the patient’s death or deteriorating health, but rather the patient’s deterioration was the inevitable result of his pre-existing illness.   The crumbling skull rule seeks to deny causation between the defendant’s actions and the victim’s injuries.

Last year, the Colgan Air crash near Buffalo, New York opened a can of airline safety worms – poor pilot training, low salaries, pilot fatigue and other safety issues that impact commuter airline safety.  Lawmakers cried foul, and passengers were horrified to discover that these small regional airlines are often operated by pilots who may have barely had enough rest before entering the cockpit.  In the aftermath of that fatal crash that killed 50, the Federal Aviation Administration set up a program of remedial measures to enhance commuter airline safety and prevent crashes.

This week, the agency announced that it has been able to enhance safety at these airlines. In a report released on Tuesday, the FAA said that this enhanced safety was the result of increased federal oversight of pilot training and efforts by airlines to identify problem pilots. The agency has been especially concerned over the issue of inexperienced and poorly trained pilots at these regional carriers. Its report now says that 90 percent of regional carriers have some kind of procedures in place to identify and track “weak” pilots. The report says eight airlines failed to have such procedures in place, but most of these airlines have either shut down operations since last year or have merged with other airlines.

Aviation accident lawyers may also be encouraged to know that the FAA is working with pilot unions to address issues of pilot distractions in the cockpit. After the Colgan crash, voice recorders recovered from the wreckage showed that the two pilots had been engaged in idle banter just before the crash. The agency is hoping that commuter airlines can develop and strengthen professional standards for pilots in the cockpit. The FAA also says it is looking at the major national carriers to share best practices and safety data with their regional partners.

Of course it’s far too early to tell if the FAA’s optimism is well-placed. It’s barely a year since the Colgan crash when the public realized what plane crash lawyers have long been aware of – that these airlines are often staffed with ill trained, inexperienced and underpaid pilots. These are deeply entrenched systemic problems that may not disappear over 11 months of federal oversight.

Early Thursday morning an argument took place in downtown Los Angeles between two women.  The details of that argument are not yet clear but Police are looking for assistance to fill in the gaps.  What they do know is that a women was struck by a vehicle and dragged for about a half a mile before she stopped the car.  The only reason she stopped was because she was being pulled over by Police.

This is an extreme example but people are hit by cars all the time. Populated cities like Los Angeles, New York and Las Vegas are especially susceptible due to the high number of pedestrians on the streets.  Even though pedestrians have the right of way, a collision tends to be very one sided.  Always assume that the driver doesn’t see you.  In many cases they may not.  Distracted driving is on the rise and almost everyone is guilty of it at some point and time.  Cell phones have made talking on the phone, texting and checking email so easy that people think they can do it anywhere, including their speeding cars.

Unless you live under a rock, you have already heard that Tiger Woods was been in a car accident.  The facts and details that surround the incident are still up in the air and may never be fully revealed.  One of the details is very concerning.  It was widely reported that the world’s #1 golfer was unconscious for 6 minutes.  That type of a head injury could be extremely dangerous.  Consider a professional boxer who has gone 12 rounds and receives a punishing blow at the end of the fight.  Those knockout punches rarely keep an athlete on the canvas for more than 30 seconds.  Even the most devastating punches seem to only render an opponent on the ground just long enough to be counted out by the referee.

In Saturday’s event, Tiger was out long enough for most high school athletes to run an entire mile.  The trauma that a brain would have to undergo to render that type of result would be pretty significant.  A concussion or swelling of the brain would seem to be one cause.  If his heart or lungs stopped working that would be incredibly concerning.  A lack of oxygen to the brain would risk possible brain damage.  It may also make the a future, more severe injury more likely.  If Tiger did receive some brain trauma and was hit on the head again, before it had a chance to heel, it could be fatal.  Recently in the NFL Brian Westbrook and Ben Roethlisberger were both benched due to head injuries of their own.  The doctors and coaches both felt that a repeated blow to the head may result in a serious injury or death.  Hopefully in Tiger’s case, he can avoid being rescued by his wife again in the near future.

Millions of people cross the threshold of the hotels in Las Vegas every year. Those footsteps all cause wear and tear on the sidewalks, in the hotel entry ways and in the hall corridors. Hopefully, you picked a hotel that maintains those common grounds and takes preventative measure to keep slip and fall accidents from happening. But if you don’t have a careful hotel, you need to be aware of your options.

A slip and fall accident doesn’t only happen on the snow and ice of the Midwest. Slip and fall accidents can be caused by the rain, a broken or cracked sidewalk, a damaged on uneven floor tile, a bunched up rug or any obstruction in a hallway. Basically, if you fall down and you aren’t drunk, you probably tripped over something that should not have been in your way. If you are the victim of such a slip and fall injury in a Las Vegas hotel, you have certain rights. 

Tell the hotel about your fall and begin documentation immediately. Have your injury checked out by a doctor at a hospital, not one on staff at the hotel. The doctor at the hospital will give you a fair diagnosis and make a recommendation as to your treatment. Once you have a diagnosis, then you can approach the hotel for damages.

The hotel may not be receptive to making and claims to being at fault. You may need to hire an attorney to represent you and get money for damages, or even pain and suffering if you need it. Some slip and fall accidents can be serious and put you off of work for awhile and you will need money in that off time. The hotel should compensate you for that time, but they may require a lawyer’s presence in order to do so willingly. A lawyer’s presence may not be enough and a lawsuit might need to be filed.

Most people have heard of whiplash but, what is it really?  Whiplash is a common tern used to describe the pain someone feels in their neck after a jarring.  A very common cause of whiplash would be a car accident where the injured person is bumped from behind.  When this happens the tendons, ligaments and muscles in the neck a stretched and contracted very quickly.  This quick movement creates microscopic tears in the soft tissue that create the pain.  A physician may refer to this as a cervical sprain or strain.

Whiplash from a car accident can become a bigger problem if someone has a pre-existing condition in their neck.  Image that someone has had a disc fused in their neck and is in a fender bender.  The damage that can be caused from this type of incident could be catastrophic.  If you are injured in a car accident you should definitely talk with a personal injury attorney.  They will be able to assess your situation to see if there was negligence by the other driver.

Prevention is always the best way to protect yourself.  Seat belts are always a good idea but make sure to have your head rest at the proper height.   That will help to protect your neck if you are hit from behind.