Archive for the ‘Uncategorized’ Category

Mississippi Workplace Injury Attorneys Discuss a Recent Increase in Workplace Accidents

Wednesday, May 4th, 2016

Sometimes, statistics can be shocking. For example, in 2014, one person died on the job every other hour, every single day for the entire year? The total number of on-the-job deaths in 2014 amounted to 3.3 deaths per one hundred thousand workers, which is a slight increase from the 3.4 deaths per hundred thousand workers that occurred in 2013. The aforementioned numbers only account for deaths that happened on the job. The numbers do not include any deaths that resulted from job-related sicknesses like black lung disease.

The consensus among the people who study workplace injuries and fatalities is that workplace deaths continue to increase because there are not stiff enough penalties to deter employers from utilizing dangerous or even illegal labor practices like failing to provide necessary safety equipment or have adequate staff on duty to allow for sufficient breaks. Workplace deaths are not distributed evenly throughout the United States. For example, Mississippi residents may be surprised to learn that their home state had 7.1 workplace deaths per hundred thousand people in 2014, which put it behind only four other states as the fifth most dangerous state to work in.

As you might imagine, not all of the workplace injuries and deaths were evenly distributed among different types of work. Logging, fishing, oil drilling, and construction caused the most deaths, and falls were the most common type of workplace death. Unfortunately, 2014 was a record-setting year for workplace deaths among older workers, which includes workers over the age of fifty-five. One thousand six hundred and ninety-one older adults died on the job that year. There are even some workplace deaths that are not accidents – just over eight hundred workplace murders took place in 2014.

The increase in workplace deaths in 2014 occurred despite some progress towards improving job safety. For example, enforcement has increased, along with some fines. One significant development allows OSHA to adjust its federal civil fines for inflation, which increases maximum employer penalties significantly. It is possible that moving forward; these increased penalties will have a deterrent effect on companies who do not take safety seriously.

Giddens Law Firm, P.A.: Support for Workplace Accident Victims and Families

If you got hurt at work or if you lost someone that you love in a workplace accident, do not wait – reach out for help right away. After you get medical attention, call a workplace injury attorney and speak to them about your accident. Your attorney can help you make sense of what happened and they can work with you to develop safe work practices. What’s more, they can help you to formulate a plan for presenting your case in court, if need be. If you have questions related to Mississippi workplace accident law, the Mississippi Workplace Accident Attorneys of the Giddens Law Firm, P.A. could possibly help you. Please call our office today, at (601) 355-2022, to learn more.

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 the Importance of Seat Belt Use

Tuesday, December 22nd, 2015

A number of fatal accidents occurred in Mississippi around Thanksgiving this year. One night, four fatal, single-vehicle accidents occurred. Three of the four drivers in the fatal accidents were not wearing seat belts. This tragic group of accidents is illustrative of the dangers of not wearing a seat belt.

In Mississippi, drivers and front seat passengers are required by Section 63-2 of the Mississippi Code to wear a seat belt. Also, children under age seven must be buckled into a child safety seat that is appropriate for their size, age, and weight. As you can see, the seat belt requirements in Mississippi do not cover all of the passengers in every vehicle. Adult passengers in rear seats are not required to wear seatbelts, nor are children between the ages of seven and eighteen who sit in the back seat.

Seat belt laws like the ones that apply to drivers and passengers in Mississippi play an important role in ensuring that many drivers and passengers wear their seat belts. Seat belts are recognized as the single most effective way to prevent injuries and deaths from car accidents. There are many ways that seat belts save lives, but perhaps the most important reason is that seat belts keep people inside of vehicles.

People who do not wear seatbelts are thirty times more likely to be ejected from a vehicle during an accident than those people who do buckle up. When people are ejected from their vehicles, it is highly likely that death will result. In any given automobile accident where one or more people are ejected from the vehicle, there is a seventy-five percent chance that the person or people who were ejected from the vehicle will die either immediately or later on as the result of their injuries.

Seatbelt use also reduces the severity of injuries that drivers and passengers receive in car accidents. The medical bills of automobile accident victims who were wearing seat belts when their accidents occurred are about fifty percent lower than the medical bills of accident victims who were not wearing their seat belts when the vehicle that they were diving or riding in crashed. Children are at an even higher risk of being severely injured or killed in a car accident if they are not using the right car seat or seatbelt, and this is why there are specific seat belt and child safety seat rules that apply to child passengers. Choosing the correct child safety seat or belt for your child’s age, height, and weight is a good start towards keeping them safe in the car; however parents must be aware that a child’s car seat or booster seat must be installed in the vehicle correctly for it to prevent injury and death in a car accident. If you have questions about whether you are using the right seats for your kids, or if your kids’ car seats are installed correctly, you can get a free car seat safety check at many local police departments and fire stations.

Giddens Law Firm, P.A.: Representing Those Who Are Injured in Mississippi Automobile Accidents

The Mississippi Automobile Accident Attorneys of the Giddens Law Firm, P.A. are here to help the victims of Mississippi automobile accidents. If you were injured or if someone that you love was killed in an automobile accident, you may have many questions on your mind. Please call our office today, at (601) 355-2022, to learn more about how we can help you.

 

 

Mississippi Products Liability Attorneys Discuss the Dangers of Xarelto

Friday, November 20th, 2015

Anticoagulants are a type of medication that is used in the treatment of a variety of health conditions. These powerful pharmaceuticals prevent blood from clotting, which is important for the treatment of patients with pulmonary embolism, deep vein thrombosis, or other conditions which place them at risk for embolic stroke. Unfortunately, some anticoagulant medications do not have antidotes that can reverse their effects in emergency situations where controlling bleeding is the only way to save the patient’s life.

One anticoagulant medication, Xarelto, has been the subject of a number of products liability lawsuits. One of these cases was filed by a woman from Louisiana who claims that her grandmother died from intracranial bleeding that was caused by Xarelto. The woman’s grandmother had been prescribed Xarelto for the treatment of deep vein thrombosis in in her leg. Two months after she began taking the medication, she developed severe bleeding in her brain, and she died shortly thereafter.

In that lawsuit and in other lawsuits related to Xarelto, plaintiffs allege that the manufacturer of the drug failed to warn doctors and patients about the serious risks associated with the product. They also say that doctors and patients have not been warned that there is no antidote available to stop Xarelto users from bleeding in situations where their lives are in danger if bleeding cannot be controlled. Xarelto is promoted as being superior to and easier to use than Coumadin (warfarin) because Xarelto does not require continuous blood monitoring. However, Coumadin has been in use for many years and its blood thinning effects can be reversed quickly in an emergency situation in order to prevent patients from bleeding to death.

Giddens Law Firm, P.A.: Supporting Products Liability Plaintiffs throughout Mississippi

Pharmaceutical products have the potential to save lives. Unfortunately, some pharmaceutical products create risks to patients’ health and safety. While some side effects of some medications are more of an inconvenience or a discomfort than a threat to health and safety, other drugs create risks that serious injury or death will occur. Blood thinning medications such as Xarelto are particularly dangerous because there is not an antidote that can be administered to stop the bleeding in an emergency. The plethora of Xarelto lawsuits that are being filed indicates that many doctors and patients are not fully aware of the risks of prescribing and using that medication. The companies that manufacture drugs like Xarelto are responsible for ensuring that their products do not create an unreasonable risk of harm to the people who use them. In the case of Xarelto, the manufacturer’s failure to warn doctors and patients of the serious risks associated with the medication can cause serious injury or death. If you or someone that you love was injured or killed by excessive bleeding while using the prescription medication Xarelto, the Mississippi Products Liability Attorneys at the Giddens Law Firm, P.A. may be able to help you.  Please call our office today, at (601) 355-2022.

Mississippi Medical Malpractice Attorneys Discuss Diagnostic Errors

Friday, October 16th, 2015

Most people are familiar with medical diagnostic tests, such as x-rays. These tests are designed to help medical professionals accurately pinpoint the cause of the patient’s suffering so that an appropriate treatment can be implemented quickly. Unfortunately, what most people do not know is that diagnostic errors happen more frequently than you might imagine.

Most diagnostic errors remain unseen to the public, but for some of the individuals and families who are involved, they can be painful, frightening, and even deadly. When diagnostic errors do make headlines, it is sometimes because the situation involves a serious public health threat. For example, a man with Ebola was initially diagnosed as having sinusitis. When he returned to the hospital, he had gotten even sicker, and e eventually died. It is estimated that one in twenty people who seek outpatient care each year experience a diagnostic error. Diagnostic errors are actually the leading type of paid medical malpractice claims, and they are almost twice as likely as other types of claims to have resulted in a patient’s death.

Some of the most powerful diagnostic tools that medical professionals have available to them, like x-rays, CAT scans, and MRIs, enable those professionals to see the inside of patients’ bodies. However, the ability to look inside of a patient’s body does not automatically lead to an accurate diagnosis and proper treatment. It takes a high level of skill and care to properly interpret the images that the diagnostic tools produce. When these images are not interpreted correctly, inaccurate diagnoses may be made, diagnoses may be missed, or inappropriate treatments may be prescribed. When this happens, patients can become sicker and, in some cases, they can even die.

There are many things that can go wrong while medical professionals are performing or interpreting a diagnostic test. The test could be performed improperly, or it could be done on the wrong part of the body. The test results could be misinterpreted. One example of what can happen when an x-ray is misinterpreted is the case of a woman whose chest x-ray showed a mass on her lung which was not noted in the x-ray interpretation. The woman was a smoker, and she had a family history of lung cancer. Those factors were not taken into account in the x-ray interpretation, and the woman was given a diagnosis of a respiratory infection. She was prescribed antibiotics for treatment. Eighteen months later, she was still experiencing pain and had another chest x-ray done, which revealed advanced lung cancer and a mass that had doubled in size. The woman eventually died of lung cancer. Is it possible that she could have lived longer if she had received lung cancer treatment following the initial chest x-ray?

Giddens Law Firm, P.A.: Supporting the Victims of Medical Malpractice in Mississippi

Diagnostic errors can cause patients to get even sicker before they receive proper treatment for their illnesses or injuries. Unfortunately, some diagnostic errors are even fatal. If you have been injured or if someone that you love was killed by a medical diagnostic error, the Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. are here to help you. Please call our office today at (601) 355-2022.

Mississippi Auto Accident Attorneys Discuss the Claims that Can be Raised by Spouses and Children of Mississippi Accident Victims

Monday, September 28th, 2015

If you have been injured in an automobile accident, you are probably well aware that you may file a claim for the injuries and damages that you sustained as the result of that accident. Unfortunately, you may also be painfully aware of the ways in which your accident has affected the lives of your loved ones. Depending upon your injuries, your relationship with your spouse may have changed, especially in the area of taking care of household responsibilities. In most marriages, responsibilities are divided up early on, and many couples are able to achieve a relatively even balance of supporting their home and family financially as well as physically. An automobile accident can turn all of that upside down, especially if your injuries will require a lengthy recovery time and limit your ability to work, drive, and do some or all of the things that you would normally do.

Fortunately, Mississippi recognizes that the amount of interference that an automobile accident injury can have on a marriage causes the non-injured spouse to suffer. The damage that is caused by this suffering can be addressed by a loss of consortium claim which may be brought by a spouse if they can show that the accident victim’s injuries have interfered with their married and family life. Some of the ways in which spouses report that their lives have been changed by automobile accidents involve child care duties, transportation, meal preparation, earning income, and other practical matters, in addition to emotional factors like the spouse’s pain in seeing the everyday effects of the damage that the accident has done to the person that they love so dearly and the spouse’s inability to communicate or interact with their loved ones, if their injuries have rendered them incapable of doing so.

In the case of fatal accidents that are the result of negligence, the surviving spouse and children of the deceased, or the parents and siblings of the deceased, if the deceased was not married and did not have any children, may be able to bring a claim for wrongful death. There are three parts of a wrongful death claim. The first part of the claim involves proving that the defendant was negligent. To prove negligence, you must prove that the defendant owed some sort of duty to the deceased, the defendant breached the duty, and that the defendant’s breach of their duty to the deceased caused them to be injured or damaged. The second part of a wrongful death claim involve proving that the decedent’s death was caused by the defendant’s negligent action. The third part of a wrongful death claim involves providing evidence of the financial damages that are associated with the loss of the decedent, such as funeral and burial expenses, lost wages, medical bills from care provided after the decedent was injured until the time of their death, the decedent’s pain and suffering, and the pain and suffering of family members in connection with their death.

Giddens Law Firm, P.A.: Serving Clients throughout Mississippi

If you would like to learn more about whether the Mississippi Auto Accident Attorneys at the Giddens Law Firm, P.A. are a good fit for you and your current legal matter please call our office today, at (601) 355-2022.

Mississippi Medical Malpractice Attorneys Discuss the Relationship between Communication and Quality of Care

Thursday, March 5th, 2015

The next time you have an appointment with a doctor or other health care professional, you may want to pay close attention to both what they say and how they say it. Of course you need the information that the doctor is giving you, but the context within which it is given is just as important, and it may have implications for the quality of care that you receive, both now and in the future.

When doctors take plenty of time to address all of their patients’ concerns, respond to phone calls and other correspondence promptly, and treat their patients with kindness and respect, their patients are likely to be very satisfied with the care that they receive. Additionally, if a patient has this type of relationship with someone who is providing medical care to them, they are likely to be more forgiving if something goes wrong and attribute whatever harm has occurred to a mistake instead of negligence or intentional wrongdoing.

Unfortunately, not all patients feel this way about those who provide health care services to them. Sometimes, patients do not feel as though they can trust their doctor, and they may wonder whether their doctor truly has their best interest in mind. Other patients may feel as though their doctor treats them rudely, or is dismissive of their concerns. Some patients may even feel like their health care provider does not respect them, and treats them like they are not intelligent enough to understand what is going on with their own bodies. In these types of relationships, when errors are made, patients are much less forgiving and much more likely to accuse the doctor of being negligent or even harming them intentionally.

Some of the communication problems that develop in the relationships between health care providers and their patients develop because there is a trend in the medical profession towards perceiving patients as potential adversaries. The trend has developed because of growing concerns about medical malpractice liability, but it does not help the situation any. In fact, it only makes matters worse because it weakens relationships and creates an atmosphere of low trust.

Giddens Law Firm, P.A.: Mississippi Medical Malpractice Attorneys

If you feel as though you have been injured by the negligence or intentional wrongdoing of a doctor or other medical professional, get help from another health care provider immediately. Also, when it is possible for you to do so, contact a Mississippi Medical Malpractice Attorney. Your attorney can help you file a claim for damages against the person or people who are responsible for your injuries. The Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. work hard to obtain financial recovery for people who have been injured by the negligence of medical professionals. To learn how the Mississippi Medical Malpractice Attorneys at the Giddens Law Firm, P.A. can help you, please call us today, at (601) 355-2022, to schedule an initial consultation.

Mississippi Products Liability Lawyers Talk about Transvaginal Mesh

Sunday, February 15th, 2015

Medical products are often at the center of major products liability lawsuits, and for good reason. Many medical products are used in surgeries, and are designed to remain inside of our bodies permanently after they are put into place. When a medical product fails to perform as it is intended to, there can be devastating consequences for the people who have that product inside of their bodies. One medical product which has been the subject of numerous products liability lawsuits is transvaginal mesh.

Transvaginal mesh is surgical mesh which is used in some types of pelvic surgeries, including the repair of stress urinary incontinence and the repair of pelvic organ prolapse. Surgical mesh is a medical product that is designed to support weak or damaged tissue, and it can either be made from animal tissue or synthetic materials. Some types of mesh are designed to be absorbed by the body over time, while other types are designed to be permanent.

Prolapses of pelvic organs are more common than many people may realize. There are multiple organs in the pelvic area, and there are internal structures, muscles, tissues, and the like, which hold all of those organs in place. If those internal structures are injured or if they become weak, one or more of the pelvic organs may descend from its usual position, causing a bulge in the vagina. It is estimated that one in every ten women will undergo surgery to correct some type of pelvic organ prolapse before she reaches eighty years of age. While multiple varieties of transvaginal mesh products are used to correct pelvic organ prolapses, it is also possible to treat pelvic organ prolapses without using mesh.

Some people who have undergone surgeries in which transvaginal mesh was used have experienced serious complications that have caused them a great deal of pain and suffering. From internal bleeding to blood, bladder, and urinary tract infections and the rupture of organs in the pelvic area, the complications which can arise after a transvaginal mesh implant are as concerning as they are painful. Patients who experience complications due to transvaginal mesh implants often need multiple surgeries to remedy the injuries caused by the implants, and many experience severe and chronic pain.

Giddens Law Firm, P.A.: Mississippi Products Liability Attorneys

If you are experiencing complications related to transvaginal mesh, it is important that you seek medical care right away. In addition to working with your doctor to develop a plan for addressing your injuries, you may be able to file a claim for damages against one or more of the parties responsible for your injuries. The Mississippi Products Liability Attorneys at the Giddens Law Firm, P.A. are dedicated to ensuring that people who have been injured by dangerous products are adequately compensated for their injuries. To learn how the Mississippi Products Liability Attorneys at the Giddens Law Firm, P.A. can help you, please call our office today, at (601) 355-2022, to schedule an initial consultation.

Mississippi Trucking Accident Attorneys Discusses How Trucking Accident Cases Differ From Automobile Accident Cases

Friday, October 10th, 2014

If you have been injured in an accident involving a tractor trailer, you may be looking for a personal injury attorney to handle your case. While it is a good thing that you are thinking of retaining an attorney, it is important that you understand that your case is different than the automobile accident cases that are a mainstay of many personal injury attorneys’ practices. Fortunately, there are attorneys who specialize in handling cases involving tractor trailers. Here are a few reasons why you should call a Mississippi Trucking Accident Attorney today.

Trucking accident attorneys are accustomed to working with cases that involve serious injuries, fatalities, and massive amounts of property damage because these things are commonly associated with trucking accidents. The ways in which tractor trailers and passenger vehicles collide are also often different than the ways in which passenger vehicles collide with each other. Trucking accident attorneys understand the various types of eighteen-wheeler accident scenarios, such as underride accidents and rollovers, and they use that knowledge to pursue the recoveries that their clients deserve.

A second reason why trucking accident victims need the assistance of a trucking accident attorney is that there are often multiple defendants in trucking accident cases, which makes the claims resolution process more complex. The trucking company is one defendant, the driver is another, and there may even be others, depending upon the facts and circumstances of your case. Trucking accident attorneys have experience navigating the complexities of multi-party accident cases.

Evidence is important at all stages of the resolution of trucking accident cases, not just during litigation. Trucking accident attorneys use their knowledge and understanding of trucking accident evidence throughout the claims process, to pursue settlements that will adequately compensate their clients for their injuries. Your trucking accident attorney knows how to gather and analyze different types of information like physical evidence from the crash, the truck driver’s log book, and trucking company business records. Additionally, trucking accident attorneys are skilled at calculating the value of trucking accident claims. Your attorney will help you to determine what your case is worth, so that you can evaluate settlement offers and confidently decline any settlement offers that will not adequately compensate you for your damages.

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

If you were injured in a Mississippi trucking accident, it is important that you speak with a Mississippi Trucking Accident Attorney right away. A Mississippi Trucking Accident Attorney can help you to navigate the trucking accident claims process. We understand that the injuries and damage that you and your vehicle sustained in your accident have probably impacted every area of your life, and we are here to help you pursue the recovery that you deserve. The knowledgeable Mississippi Trucking Accident Attorneys at the Giddens Law Firm, P.A. invite you to contact us today. Call the Giddens Law Firm, P.A., at (601) 355-2022 to schedule your free initial consultation.

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