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Are infections a result of hospital negligence?

If you are suffering from an infection, you are likely trying to determine why. You know that you have to be exposed to the bacteria at one point or another. Your primary concern is that you were exposed during your surgery.

You overheard nurses stating that they weren't sure if a pair of tools were sterilized. It wasn't during your operation, but if they couldn't be sure with another patient, would they be certain with you? Considering that you have an infection now, your concern isn't without merit.

Liability for Injuries and Deaths involving Firearms Arises in Several Ways

Is it true that firearm manufacturers can't be sued for negligence?

iStock-894201964_firearms_lawsuits.jpgNo. Contrary to what many believe, firearms manufacturers, and even firearm distributors and gun store retailers, can be sued for firearm injuries and firearm misuse as a result of negligence.

It is true, however, that gun companies can't be sued when one of the firearms they made or sold is used in a crime AND the gun company wasn't negligent.

There are two important laws to understand when it comes to liability for firearm injuries or deaths.

First, the Protection of Lawful Commerce in Arms Act (PLCAA) insulates firearm companies from liability from the misuse of the firearms they make or sell as long as the companies don't encourage the misuse nor are they negligent in their business.

Second, the firearms industry is outside the control of the Consumer Products Safety Commission (CPSC) because they are one of the few industries that pay a federal excise tax on their products. This means that a recall of a product can not be forced for public safety the concerns - the firearms industry must regulate itself and it is in each manufacturer's discretion whether to recall a firearm.

This leaves two big areas where gun companies can be sued as a result of someone being injured or killed with a firearm:

(1) A firearm is used in a crime and the gun company (firearm manufacturer, distributor, and/or retailer) is partly to blame because of their negligence, or

(2) Someone is injured or killed due to a defective gun or unsafe firearm design and the manufacturer either failed to identify the problem or failed to remedy it.

Let's explore each of these scenarios to learn when a firearm company may be partly to blame for an injury involving a firearm suffered by yourself or a loved one.

*note - It is often said, "guns don't kill people, people kill people." This is true. A firearm is an inanimate object, a tool. People are injured or killed either by a person using the firearm or by a company who negligently designed/sold a firearm. In both of these cases, someone is at fault.

Frank Powers and Shawn Cunningham Selected As Best Lawyers®

We are pleased to announce that attorneys, Frank Powers and Shawn Cunningham, have been selected by their peers for recognition in the 25th Edition of The Best Lawyers in America© for their work in:

  • Medical Malpractice Law - Plaintiffs
  • Personal Injury Litigation - Plaintiffs 

Frank Powers - Best Lawyers 2019.pngShawn Cunningham - Best Lawyers 2019.png

Hospital infection: When infections spread under a doctor's watch

Hospital-acquired infections can make any patient's injuries even worse as a result of poor healing. Many infections in hospitals are particularly resistant to antibiotics and other treatments because of their constant exposure to these methods of treatment.

Health care-associated infections are contracted by around one in 20 patients, according to the Centers for Disease Control and Prevention, which leaves the patients open to worsening conditions. Patients are more likely to acquire these infections than the staff at a hospital due to suppressed immune systems and being in close quarters with other infected individuals. However, with good safety techniques and clean behaviors, hospital staff members can reduce the risk of acquiring an infection.

Deep-vein thrombosis and your surgery

One known risk factor following surgery is the potential for deep-vein thrombosis, also known as DVT. Deep-vein thrombosis is a medical phrase that essentially means there is a potential for blood clots after surgery. Medical providers have techniques they can use to prevent these from occurring and should monitor patients for clots.

DVT is a normal complication for patients who go through surgery, but it's not particularly common. Despite that, medical providers have to be aware of the risk and do what they can to prevent clots in their patients. Here's a little more about DVT and why it occurs.

A Crucial Step Toward Eradicating Distracted Driving … ?

Many states are making strides toward the elimination of the dangers of distracted driving – and Arizona is no different.

A bill was recently signed into law in Arizona that directly impacts teen drivers. Starting July 1st, 2018, drivers younger than 18 are prohibited from using any wireless devices, with certain caveats. While the law has limited reach – new drivers younger than 18 who are operating the vehicle under a learner’s permit or are driving during the first six months of their provisional license – it is a critical first step in moving toward a ban on texting while driving.

Proving fault in an Arizona truck accident

When you are involved in a truck accident in Arizona, it is likely that there may be extensive financial damages as a result. But in addition to the financial consequences of such an event, you might have to deal with emotional stress and physical injuries.

If you were the driver of a car when you were involved in an accident with a truck, you may have reason to believe that the accident was the fault of the truck driver. Commercial truck drivers must be professionally trained and have stricter regulations imposed on them than drivers of non-commercial vehicles. This is because their large, heavy vehicles possess the capacity to do much more damage than smaller passenger vehicles.

Taking action after a birth injury in Arizona

Giving birth is a scary, exhilarating and rewarding experience. It could arguably consist of a mixture of all possible emotions, from pain and fear to love and joy. But for some mothers, giving birth has consequences to their bodies or to their baby that could affect them for the rest of their lives.

When medical complications arise during the delivery process, they may be unavoidable. However, it is the responsibility of the hospital and the medical practitioners to make sure that the situation is as safe as possible, as well as to mitigate any risks.

NTSB To Investigate Driverless Uber Fatality

The last national exposure any emerging technology needs is a story involving a fatal collision. Unfortunately, that's what the ridesharing organization Uber now faces.

Tempe police report that a woman was struck late Sunday evening as she attempted to cross the street. The Uber vehicle, which was operating in autonomous mode, was reportedly traveling northbound when it struck the woman who was walking outside of a crosswalk. Uber has suspended self-driving operations in four cities - Phoenix, Pittsburgh, San Francisco and Toronto.

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  • Martindale-Hubbell | Peer Review Rated | For Ethical Standards and Legal Ability | 2017
  • Listed In Best Lawyers | The World's Premier Guide
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