Archive for February, 2016

Mississippi Automobile Accident Attorneys Reveal the One Thing You Must Never Do After a Crash

Monday, February 29th, 2016

A recent incident in Mississippi is a tragic reminder of the one thing that no driver should ever do after a car accident. A man was arrested after he left the scene of an accident that killed two people. According to authorities, the accident occurred when the driver rear-ended a vehicle, pushing it into oncoming traffic where it struck a third vehicle, killing a mother and her son. The driver left the scene, and he was taken into custody later on after being located at his residence. He now faces charges as the result of his actions.

Drivers should know that there is never a situation where a driver should leave the scene of a crash. Leaving the scene of an accident is illegal, and you could face fines, jail time, and loss of your driving privileges. If you are involved in an accident that damages a vehicle and you leave the scene, you could face misdemeanor charges. If the accident results in one or more injuries or fatalities, the penalties are even more severe.

In addition to the penalties for leaving the scene of an accident, there may be other implications of a driver’s choice to depart from the location of a wreck. For example, that driver’s account of what happened will not be heard by the police officers who respond to the accident. As authorities attend to injured parties and get wreckage out of the roadway, they also gather information about what happened. Police and accident investigators examine physical evidence, such as the wrecked vehicles and any items that they may have collided with. They also speak with the people who were involved in the accident and anyone who may have seen the accident about what they saw, heard, or otherwise experienced at the time of the accident. The absence of a driver from an accident scene raises questions about that driver in the minds of the law enforcement officers who are investigating the accident. The absent driver may also have information about the accident that no one else has, and unless that information is obtained, many questions about the accident may go unanswered.

In addition to being illegal, it is not safe for a person to leave the scene of an accident. Whether a person has an obvious injury or not, they are probably at the very least shaken and disoriented. They may even have serious injuries that are not yet apparent but which could prove life threatening if they are not identified and treated quickly. If you are hurt, remaining at the accident scene is the best way to ensure that you are treated promptly for your injuries, because you are likely to be transported directly from the accident scene to the hospital. If you do not think that you are hurt, remain on the scene until you are told that you are free to leave, and then go to the hospital or a doctor’s office for a thorough examination, which could detect injuries that emergency personnel at the accident scene may not have been able to detect.

Giddens Law Firm, P.A.: Mississippi Automobile Accident Attorneys

If you were injured or someone that you love was killed in a hit and run accident, you may feel as though it will be difficult to recover for the injuries, damages, or losses that you have experienced. The Mississippi Automobile Accident Attorneys at the Giddens Law Firm, P.A. may be able to help you. Please call us today, at (601) 355-2022.

 

Mississippi Medical Malpractice Attorneys Discuss Misdiagnosis of Cancer Patients

Thursday, February 11th, 2016

Former Jacksonville basketball legend Rex Morgan recently died of oral cancer. His widow has filed a medical malpractice lawsuit against his doctor and against Quest Diagnostics, alleging that they failed to identify the cancer before it was too late for it to be treated. It is her hope that this lawsuit will generate awareness of misdiagnosis in cancer patients, so that other families might be spared the tragic and untimely loss of a loved one from a disease that, if detected and treated early enough and thoroughly enough, could possibly be successfully treated.

Morgan had been diagnosed with tonsil cancer in 2010, and he underwent treatment for it. In 2011, an employee of Quest Diagnostics conducted a biopsy of his tongue and told him that the biopsy showed no signs of cancer. Based upon that information, Morgan believed that his initial treatment had been successful. Two years later, another biopsy showed cancer in Morgan’s tongue. At that time, he asked another doctor to examine the samples that had been taken during the 2011 biopsy. According to that doctor, the samples from the 2011 biopsy had contained cancer.

Unfortunately, Rex Morgan lost valuable time when he stopped cancer treatment after being told in 2011 that he did not have cancer. As soon as he became aware that he still had cancer, he began intensive treatment. By the time Rex Morgan started treatment again, the disease had developed past the point where treatment could have been successful. He died at the age of sixty seven.

When medical professionals misinterpret diagnostic tests like a biopsy and then misinform patients about the status of their health based upon their incorrect analysis, the consequences can be serious and even fatal. Cancer is an aggressive disease, and a patient’s chance of survival depends largely upon early detection and prompt treatment. Whether a misdiagnosis occurs before a patient becomes aware that they have cancer or a misdiagnosis of being cancer -free occurs after undergoing treatment for cancer, the end result is often a delay in treatment or a disruption in treatment that can reduce or eliminate the patient’s chance at successful treatment of the disease. While medical malpractice lawsuits for incorrect diagnoses or missed diagnoses can occur for all kinds of illnesses, those that are associated with cancer often involve patients who ultimately die as the result of the mistakes that were made.

Giddens Law Firm, P.A.: Supporting Mississippi Medical Malpractice Plaintiffs

Missed diagnoses are an all too common cause of medical malpractice lawsuits. If you have been injured or someone that you love has died as the result of a missed diagnosis, you may have a claim for medical malpractice against one or more of the medical professionals who were involved in the missed diagnosis. A successful medical malpractice lawsuit could help you to focus on pursuing what treatment you can for yourself or on healing from the loss of your loved one. If you have questions about medical malpractice, the Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. may be able to help you.  Please call our office today, at (601) 355-2022.

Mississippi Workplace Injury Attorneys Discuss Injuries during Pre-Employment Testing

Tuesday, February 9th, 2016

Pre-employment screenings and tests can help employers determine which candidates have the knowledge, skills, and physical capabilities that they would need to use to safely perform the duties of the position that they have applied for. Pre-employment testing can also be useful in helping job applicants avoid being hired for and potentially injured while working in positions that they are not physically capable of performing. Of course, that also means that these tests can help employers avoid hiring job applicants who are likely to get hurt trying to do the job and file workers compensation claims.

As with any procedure, pre-employment testing is not foolproof. There is the possibility that a person may perform above their usual capability on the day of the test and then get injured at some point after they are hired due to an inability to sustain safe performance of the job requirements. Also, people who are physically capable of working safely when they are hired may lose strength or mobility as they age or experience years of repetitive motion. There are other things that can happen, too, including the possibility that a person could be injured during the pre-employment test itself.

When a job applicant has been hired and they have started working for the company that hired them, they are due worker’s compensation benefits if they get hurt at work. When a person has not yet started work for a company and they are undergoing pre-employment testing, are they due worker’s compensation benefits if they get hurt during the test? A recent worker’s compensation case in Mississippi addressed this issue, and the answer appears to be yes.

Companies in the trucking industry often use pre-employment testing to screen candidates for driving jobs. When Kevin Collins was offered a position as a driver for Averitt Express contingent upon his passing a road test, he took the test. Mr. Collins did not pass the road test and so the job offer was rescinded. However, Mr. Collins claimed that he had injured his knee as he attempted to enter and exit the trailer of the truck during the road test.

Kevin Collins filed for worker’s compensation based upon his injury, and both an administrative law judge with the Mississippi Workers’ Compensation Commission and the Mississippi Court of Appeals have ruled that he is entitled to worker’s compensation benefits. The reason for their decisions is that Mr. Collins was under an “implied contract of hire” at the time that he took the road test, so he was entitled to benefits as an Averitt employee.

Giddens Law Firm, P.A.: Representing Those Who Have Suffered Workplace Injuries

If you were hurt on the job, or you were injured during pre-employment testing, you may be pursuing a claim for worker’s compensation. Unfortunately, not all injured workers are able to obtain worker’s compensation benefits easily, and medical bills and other expenses can add up quickly. The Mississippi Worker’s Compensation Attorneys of the Giddens Law Firm, P.A. may be able to help you pursue worker’s compensation benefits. Please call our office today, at (601) 355-2022.

Mississippi Automobile Accident Attorneys Discuss Pile-Up Accidents

Wednesday, February 3rd, 2016

A third person has died from injuries that she sustained in a recent six car pile-up accident that had already claimed the lives of two Gulfport residents. The accident occurred when an SUV rear-ended the vehicle that contained the three people who have now died as the result of the accident at a stop light. Other vehicles collided with the wrecked vehicles in a sort of domino effect, until a total of six vehicles had crashed. In addition to the two people who died at the accident scene and the person who died in the hospital, two other people were injured in the wreck.

Most of the time when a driver goes out on the road, they share the road with other vehicles during their trip. Traffic conditions vary, from situations where there are virtually no other vehicles on the road to heavy traffic that sits at a standstill for minutes at a time as drivers inch towards their destinations. Pile-up accidents, or chain reaction accidents as they are often called, can happen in any kind of traffic situation. However, they are far more likely on busy roads during periods of heavy traffic. When an accident occurs on a busy road, other vehicles that are driving nearby may become involved in the wreck.

Heavy traffic is just one cause of pile-up accidents. When heavy rain, fog, ice, or snow results in low visibility, chain reaction accidents may occur if drivers do not see a collision in the roadway in time to maneuver around it. If the road is slippery, drivers may lose control of their vehicle and slide into an existing collision even if they are attempting to avoid it. Weather-related chain reaction accidents can ensnare many vehicles at once. For example, in Kansas City, a pile-up accident that was caused by snow involved twenty two vehicles.

Chain reaction accidents can be dangerous and deadly. Fortunately, drivers can take some preventative measures that could help them to avoid becoming entangled in them. It may seem obvious, but it is essential that you adjust your driving to weather and road conditions that you encounter as you go along. Surprisingly, some drivers do not make adjustments like slowing down when visibility is low, and this greatly increases the risk that they will have an accident or pile onto an existing wreck. Driving slow on slippery roads enables you to maintain better control over your vehicle, in addition to giving you more time to respond to the movements of the vehicles that are driving near you, changes in road conditions, animals in or near the road, or wrecked vehicles. In addition to adjusting your driving to the road conditions, you can reduce the risk that you will be involved in a chain reaction accident by leaving adequate room between your vehicle and the vehicle in front of you. A good rule of thumb is to give that vehicle a space of one car length for every ten miles per hour of your speed.

Giddens Law Firm, P.A.: Support and Assistance for Mississippi Accident Victims

Pile up accidents can present confusing fact patterns and liability issues due to the number of parties involved. Don’t let your automobile accident claim get lost in the confusion. The Mississippi Automobile Accident Attorneys of the Giddens Law Firm, P.A. are here to help you. Please call our office today, at (601) 355-2022, to learn more.