Do You Qualify for Medical Malpractice Compensation?

Though it may be hard to believe, mistakes in the medical field, outside of heart disease and cancer, cause more than 250,000 deaths each year. Unfortunately, these disasters leave people with long-term and sometimes even lifelong damage. 

If you feel that you are a victim to medical malpractice, we’re just a call away. We will expertly assess your case and try to give you the help that you deserve. The physical, financial, and emotional harm that comes from medical malpractice may seem overwhelming. But we are here to help. 

From anesthesia, medication, and surgery errors to a wrong, or deferred, diagnosis, compensation may be on the table. Here are some signs that you may be entitled to compensation from Medical Malpractice:

  • Negligence?: Did you think that the doctor was not careful with their assessment, or not sensibly adept in their treatment? Proof must be provided that the doctor who hurt you was incompetent in their course of action.
  • Injury from Negligence?: The negligence on behalf of the doctor must be proven that you didn’t have a pre-existing condition which caused harm. A patient has to prove that it’s “more likely than not” that the ignorance of the doctor directly caused harm.
  • Were There Specific Damages?: For example, if a doctor prescribed medication that was not related to your injury, or issue, and had no side-effects or pains associated with it, then it would be a waste of time to file a medical malpractice lawsuit. Damages include: mental anguish, physical pain, added medical bills or work that was lost or a loss in earnings due to the damages.

"Yes" to any of these may mean that you are entitled to Medical Malpractice compensation. Call Martin Walker PC at (903) 526-1600.


A New Bill Targeting Medical Malpractice Makes Progress

In Kentucky, a new measure is being considered that would significantly alter the process of pursuing lawsuits that are claiming medical error or neglect. This measure is following up an earlier change to Kentucky’s medical malpractice system. The bill has a republican lead sponsor; Sen. Ralph Alvarado. In an effort to “get with the times”, the goal of this bill is to bring Kentucky’s current system in-line with the malpractice laws in several other states.
Sen. Reginald Thomas opposes the bill stating that any changes could have a negative effect on pursuing any damages for medical mistakes or neglect. The bill would result in plaintiffs becoming big winners resulting from limits created by the bills caps on plaintiff’s attorney’s fees. These caps are seen as a negative because the money could instead be going to the person who was wronged; not the attorneys. Other complications are the fees that would result when someone other than the patient requests copies of patient records.
Also included in the bill is legal protection for the health care providers. If providers express sympathy for the pain or suffering of a patient; under the bill, those remarks could not be used against the provider in malpractice claims. The bill ultimately is designed to protect health care providers and the hospitals, while at the same time getting the attorneys out of the health care business. (AP News, Schreiner, 2018)


Major Opioid Maker Calls It Quits

Could the tide be turning in the opioid crisis? Purdue Pharma, one of the major manufacturers of opioid painkillers has announced that they will no longer be marketing the drug to doctors.
The company has said it will be cutting its sales force roughly in half and shifting entirely away from marketing the OxyContin painkiller that made it billions of dollars over the past two decades.
OxyContin was originally marketed as being far less likely to be addictive than previous pain killers. This turned out to be false, and by 2007, the company was forced to admit that it had lied to doctors and patients about the risks associated with the drug. The resulting fines totaled to almost $600 million.
Now that the mood of the country has shifted, and opioid addiction is being more regularly recognized for the health emergency that it is, companies like Purdue Pharma are backing away from the drugs that helped drive their profits.
Any good news is welcome, of course, but In the meantime, the so called opioid epidemic is not over. Tens of thousands still die each year due to the ongoing drug crisis. If you or a loved one has suffered due to drug addiction or bad drug prescriptions, you may be entitled to compensation.
For more information, give us a call at (903) 526-1600, email us at info@martinwalkerlaw.com, or use our contact page to get in touch with us.


Distracted Driving vs. New Car Tech

Distracted driving kills thousands of people each year, but somehow we still keep looking away from the road. If casually asked, most people would probably say that they are good drivers and that they do not let anything distract them from the task of driving. But, when taking part in a formal survey, the result work out very differently.
Car insurance company Esurance recently conducted a study relating to distracted driving and how new vehicle technologies like lane-assist or automatic breaking are affecting drivers. In this study the real facts begin to come out. According to Esurance, 95% of those that took part agreed that texting while driving was a serious distraction, but then more than half of those people reported that they do text while they drive on a daily basis.
Interestingly, talking on the phone no longer ranks as the most distracting thing drivers do anymore. According to the study, the number one cell phone distraction is now using apps while driving, with talking while driving only a close second.
The study also took a look at how newer, automated driving technologies were affecting driver distraction. Surprisingly, they found that new in-car technologies actually increased driver distraction slightly. They can also lead to overconfience that the car itself will protect against bad driving behavior. One respondent is even quoted as saying he likes his car’s lane-keeping feature because it lets his car stay in its lane while he leans over to recover a dropped French fry!
At the end of the day, the best way to prevent driving accidents and deaths, even with new safe driving technologies, is to keep your hands on the wheel and eyes on the road.