Category: Blog

Is Misdiagnosis and Delayed Diagnosis Considered Medical Malpractice?

Going to the doctors’ office can be a stressful event, especially when you are experiencing pain or discomfort from a medical ailment. The doctor must be able to properly diagnose your medical issue. If the doctor does not properly diagnose you, it may cause your condition to worsen or develop into another ailment all together.

Medical malpractice can occur when doctors harm patients by not providing them with the medical standard of care. Malpractice cases can include medical errors, childbirth injuries or surgical mistakes. One type of mistake that is commonly addressed in many medical malpractice lawsuits is misdiagnosis or delayed diagnosis.

Factors of Misdiagnosis and Delayed Diagnosis

The doctor should be using a medical assessment called a differential diagnosis list. This assessment orders the potential diagnoses by likelihood on this list. The doctor should then investigative further into the symptoms you’re having to rule out which health conditions are not likely. This procedure may not always be successful due to the uncertain nature of medicine. The patient must be able to prove the following to recover compensation in a medical malpractice lawsuit:

• • You had a previous patient relationship with the doctor.

• • The doctor provided you with negligent treatment for your injury.

• The negligent treatment caused injury.

A patient can also use the opinion of another medical professional to prove that they were misdiagnosed by the initial doctor. The patient must be able to prove that:

• • The initial doctor did not correctly diagnosis you via the differential diagnosis list but another trained and competent doctor did.

• The initial doctor did correctly diagnosis you via the differential diagnosis list but did not consult any specialist to investigate the probability of the diagnosis.

Questions About Medical Malpractice?

If you or a loved one suffered from misdiagnosis or delayed diagnosis due to a doctor’s negligence, contact an experienced attorney today. The medical malpractice lawyers at Lampert and Walsh, LLC will do their best to get you the compensation you deserve for your pain and suffering.

Is Dockless Transportation Safe? Why Denver Is Pulling Electric Scooters From the Streets

The new craze hitting the streets and sidewalks of Denver is dockless transportation. Transportation equipment companies are providing bicycles and scooters to consumers to rent for across city transit. Companies, like Lime and Bird, have scooters all over major cities including Denver. Though these companies are providing easier ways to commute in large cities and reducing motor vehicle traffic, they may not be safest ways to commute.

Denver’s Department of Transportation and Denver Public Works have instructed dockless transportation companies to remove all equipment from sidewalks and streets. The request from DDOT was in an effort to create safer ways to access dockless transportation while leaving sidewalks and streets unobstructed. Some companies have complied but for those who have not, Denver Public Works has removed them from the street and fined companies upwards of $150 for each scooter.

Denver Public Works released a statement to the public to remind individuals of safety while riding dockless transportation. City rules and ordinances dictate that those riding scooters are not to ride them in traffic, nor in bike lanes, city parks, and other landmarks. Denver Public Works stresses that riders to practice riding in a controlled manner while on sidewalks and to yield to pedestrians.

Questions About a Personal Injury?

The Mobility Action Plan is an initiative to help create safe sidewalks and streets for the people of Denver. Pedestrians have commented on how scooter riders are zooming down sidewalks, using bikes lanes, and generally being unsafe as they travel. This behavior could potentially cause injury.

If you’ve been injured in a transit accident, you may need a lawyer to help you recover compensation. Contact the Colorado personal injury lawyers at Lampert & Walsh, LLC for legal assistance. Call 720-489-5848 for a consultation.

We Are Now in the “100 Deadliest Days of Driving” for Teenagers

More than 2,000 teenagers die in car accidents each year. Another 200,000 plus are treated in emergency rooms. These are sobering statistics published by the Centers for Disease Control and Prevention (CDC), which collects data on fatalities and injuries. Each year between Memorial Day and Labor Day, the number of teenage driving deaths increase. AAA and the National Safety Council (NSC) call this period the “100 deadliest days of driving” for teenagers. Between 2012 and 2017, almost 2,000 people died in traffic accidents involving teenage drivers.

There are a couple of reasons why teenage driving accidents increase during the summer months. Teenagers are generally not in school during the summer, meaning they have more time to use their vehicles for recreational activities. In addition, teenagers are more likely to drive with other teenage passengers. According to Texas A&M’s Transportation Institute, teenagers 15 to 17 years old may be eight times more likely to die in car crashes when they are driving with two or more teenage passengers. Teenagers are also killed each summer in accidents caused by texting and driving.

How to Protect Your Teenager During the 100 Deadliest Days

The AAA Foundation for Traffic Safety (AAA) has recommendations for parents who want to protect their teenage drivers during the summer.

1. Create a “safe driving contract”. The first thing parents can do is to create a safe driving contract. According to AAA, this contract can stipulate rules for safe driving and punishments for breaking these rules.
2. Limit passengers. Passengers increase the risk of an accident for your teenager. You can place limits on the number of passengers your teenager can have while driving. Depending on your state, these limitations may already be codified into law.
3. Set an example. You can also lead by example. Teach your teenager safe driving habits while they are in the car with you. For instance, you could put your mobile phone out of reach to avoid the temptation of texting behind the wheel.

Contact Our Denver Car Accident Attorneys for More Information

You should speak with an attorney if a car accident causes harm to you or a loved one. The Denver car accident attorneys at Lampert & Walsh, LLC can help you determine possible options for recovering compensation. For future updates on driving safety tips and news, follow our law firm on Facebook and Twitter.

Common Causes of Pharmacy Errors

We depend on our local pharmacies to provide us with prescription drugs that cure our ailments. By using a pharmacy, you have access to medications that can treat chronic pain, the flu, a headache or dangerous infections. However, there are thousands of cases each year where pharmacy patients do not receive the correct prescriptions to treat their health conditions.

Pharmacy errors can lead to life-altering injuries or death. For instance, there was a case in 2016 where a Loveland boy died after a pharmacist gave him 1,000 times the recommended dose of Clonidine. In this case, the pharmacist incorrectly mixed the drug.

Prescription drug errors can occur for various reasons. The possible causes of medication errors include:

1. Providing the wrong drug. Pharmacists may confuse different types of medications. This type of error may occur if medications have similar names. Poor communication between pharmacies and other health care providers can also lead to this error.
2. Providing the wrong dosage. Like in the example described above, pharmacists may provide the wrong dosages of medications. This type of error can lead to an overdose. Patients may also not reap the rewards of their prescribed treatments if they are not given an adequate amount of their medications.
3. Providing the wrong formulation. Drugs may come in liquid, tablet or extended release formulations. Patients can suffer serious harm if they are given the wrong formulation of a drug.
4. Failure to prevent drug interactions. Certain drugs cannot be taken together. Pharmacists may dispense prescription drugs that can lead to harmful interactions. For instance, taking an SSRI (antidepressant) with an MAOI inhibitor (another type of antidepressant) can lead to serotonin syndrome.

Questions About Medication Error Compensation? Contact Our Denver Personal Injury Lawyers

Our blog only discusses pharmacy dispensing errors. There are also medication errors that can occur while receiving treatment in a hospital. For instance, a nurse could incorrectly administer a drug. This type of error can also lead to poor outcomes. Future blogs may touch on this subject in more detail.

Pharmacies may be liable for medication errors. If a pharmacy error harmed you or a loved one, then we encourage you to speak to one of our attorneys during a free consultation. The Colorado medical malpractice attorneys at Lampert & Walsh, LLC could help you determine whether it would be possible to recover compensation.

Deadly Drains, Bacteria and Other Common Swimming Pool Dangers

Summer has finally arrived. Warm weather will bring millions of people to public and private swimming pools. While swimming is a classic summer pastime, it is also a cause of injuries and deaths. Drownings, infections, falls and electrocutions happen each year. To prevent a swimming pool injury or death this summer, beware of the following hazards while enjoying swimming pools and spas:

1. Dangerous pathogens. Swimming pools may contain dangerous microbes, especially if they are unsanitary. Pathogens such as coli, rotavirus and Salmonella can infect swimmers. Although very rare, unsanitary swimming pools may also contain the “brain-eating amoeba” (Naegleria fowleri).
2. Electrical hazards. Poor maintenance practices and defects can cause electrocutions. Underwater lights, filters, pumps and other equipment can deliver deadly electric shocks. Plugged in electronic devices can also cause electric shocks when they come into contact with water.
3. Slippery surfaces. The areas around swimming pools can become slippery. Wet surfaces may lead to slip and fall accidents. These accidents are more likely to result in death or serious injury when they occur on elevated surfaces.
4. Poor lighting or inadequate signage. Some swimming pools have poor lighting, which might conceal shallow water. Swimmers could dive into the pool without realizing the water is shallow. Diving accidents are a cause of spinal cord injuries.
5. Noncompliant drains. Some pool drains can eviscerate or drown swimmers. Last month, a pool drain’s suction power drowned a young South Carolina boy. Pool drains should be compliant with The Virginia Graeme Baker Pool and Spa Safety Act, a law created to prevent deaths caused by pool drains.

We have only scratched the surface on this topic. There are other reasons why swimming pools lead to accidents each year. For instance, poor supervision is a cause of accidental drownings involving young children. Future blogs may go into more detail on these hazards.

Who Is Liable for a Swimming Pool Injury or Death?

Liability for a swimming pool injury or death depends on the circumstances. Property owners, businesses, pool maintenance companies and product manufacturers are examples of parties who might be liable. It may be possible to recover compensation in cases where these parties are liable.

If you or a loved one suffered harm at a public or private swimming pool, then we encourage you to speak to one of our attorneys. The Denver premises liability attorneys at Lampert & Walsh, LLC could help you determine whether it would be possible to recover compensation for your injury or loss.

Are Fatal Hit and Run Crashes Increasing?

Hit and run crashes are responsible for roughly 2,000 deaths in the US each year. These are crashes where motorists hit others with their vehicles and leave the scene. The AAA Foundation for Traffic Safety (AAA) recently released a report that suggests hit and run crashes are increasing.

According to AAA, these accidents are increasing by roughly 7 percent each year. There are other important facts about the increase in hit and run accidents in the U.S.:

• During 2016, there were 2,049 fatal hit and run crashes. Between 2009 and 2016, hit and runs increased by 62 percent.
• There are several possible reasons why hit and run collisions are increasing. Safety advocates blame distracted driving, more vehicles on the road and an increase in cyclists. There is speculation that some drivers may be too distracted by their mobile phones to realize when they have hit cyclists or pedestrians.
• Cyclists and pedestrians account for roughly 65 percent of hit and run deaths. Hit and run crashes account for almost 20 percent of fatal pedestrian and bicycle accidents.
• An average of roughly 682,000 hit and run collisions occur each year.

Hit and run drivers kill or injure Colorado motorcyclists, pedestrians and cyclists each year. Last month, a hit and run driver fatally struck a motorcyclist at I-25 and I-70 in Denver. When police apprehended the driver, they determined he was under the influence of methamphetamine. Another hit and run crash in Boulder injured multiple cyclists. The driver is facing multiple criminal charges.

What to Do After a Hit and Run Accident

It is important to seek medical attention immediately after an accident. If you are able, then you should quickly write down anything you can remember about the vehicle and other details. You may also be able to recover these details from witnesses. Police can use this information to apprehend the hit and run driver.

You should also speak with an attorney if you or a loved one suffered harm in a hit and run crash. An attorney can help you determine options for recovering compensation if you suffered an injury or loss. The Denver personal injury attorneys at Lampert & Walsh, LLC offer free consultations. To schedule a consultation, call 720-489-5848 or use our online case review form.

Can I Sue My Employer for a Construction Accident?

Construction accidents often result in serious injuries or death. Occupational Safety and Health Administration (OSHA) statistics show there were 991 deaths in the construction industry during 2016. In many cases, you cannot file a workplace accident lawsuit against your employer. Surviving family members may also not have this option. You or your family would rely on workers’ compensation benefits. However, there are cases where a claim could be filed against a third party.

Third parties are individuals or businesses who are not your employer. For instance, a third party could be the manufacturer of construction equipment at your worksite. Subcontractors working for other companies could also be an example of a third party. If one of these parties caused your or a loved one’s workplace accident, then you may be able to file a claim for damages.

Third-party claims have advantages over workers’ compensation benefits. With workers’ compensation, you may recover benefits that pay for medical expenses associated with your injury. Unlike workers’ compensation benefits, you can recover pain and suffering damages with a third-party claim. As a result, you may receive much more compensation than you could have obtained with workers’ compensation benefits alone.

Can I File a Third-Party Claim?

Construction sites generally have multiple companies working alongside each other. In addition, construction workers use machinery made by third-party companies. Depending on the circumstances, it could be possible to hold these other parties accountable for a workplace injury or death.

Unfortunately, many people are unaware that third-party claims exist. If you or a loved one were injured in a construction accident, then you should speak with one of the Colorado construction accident attorneys at Lampert & Walsh, LLC to determine your eligibility for filing a third-party claim. Our Denver personal injury law firm offers free consultations.

You can learn more about our experience with work accident cases by continuing to explore our website.

Can I Be Injured at an Amusement Park?

Warm weather draws millions of people in the US to theme parks and fairs each year. However, you could also suffer injuries at these establishments. The CPSC estimates that emergency rooms treated 30,000 amusement park injuries in 2016. Rides only causes a fraction of these injuries.

Several recent amusement park accidents have captured the national spotlight. In 2016, a 10-year-old boy was decapitated on the “world’s tallest waterslide” at a Schlitterbahn in Kansas City. Recent court documents show the park’s management hired a team without the technical skills necessary to safely build the slide. Two individuals responsible for constructing the slide are facing manslaughter charges.

Another accident occurred at a Six Flags in New York last year. In this case, a 14-year-old girl fell 25-feet from a ride. Several other people on the ground caught her, possibly saving her life.

What Causes Amusement Park Injuries?

There are several reasons why an amusement park might be liable for a ride-related accident. Amusement parks could be liable if they did not perform proper maintenance on rides or if their staff members improperly operated rides. The manufacturer of a ride could also be liable for injuries or deaths.

There are also accidents at amusement parks that do not involve rides. Slip and fall accidents can injure park patrons. In addition, amusement parks may have areas that are dangerous to patrons because they contain moving parts or are under construction. Accidents can happen if these areas are not clearly marked.

Many amusement parks require you to sign liability waivers. Amusement parks may use these legal documents to protect themselves if there are injuries and deaths at their establishments. However, there are still cases where you could successfully bring a claim against the park or other parties. You should still speak to an attorney even if you have signed one of these waivers.

The Colorado premises liability lawyers at Lampert & Walsh, LLC could help you determine whether it is possible to recover compensation for an amusement park injury. You can contact us at no cost for a free consultation.

Car Seat Safety Tips for Protecting Your Child

Selecting the right car seat can mean the difference between life and death or minor injuries and serious injuries for your child. The Centers for Disease Control and Prevention (CDC) maintains that car seat use reduces the risk of death by 54 percent for children between 1 and 4 years old. Car seats must be used correctly to receive the maximum benefit.

The National Highway Traffic Safety Administration (NHTSA) has several recommendations for selecting and using child car seats. These recommendations include:

1. Buying the right type of car seat. There are various car seat types for different age groups. For instance, infants and very small children should only use rear-facing car seats. Children can use forward facing or booster seats as they become older or grow in size. NHTSA has more information on selecting a car seat based on your child’s size and age. You should also try to avoid purchasing a used car seat.
2. Installing the seat correctly. Many child car seats are not installed correctly. In such cases, seats will not perform as well during a crash. You should always use the manufacturer’s instructions for an installation. NHTSA has installation instructions on its website for different types of car seats. However, may also be able to take the seat to a police or fire station for a free installation. NHTSA allows you to search for free installation services on its website.
3. Registering the car seat. You should register your car seat with the manufacturer and NHTSA. This will allow you to receive an immediate notification of any future recalls. You can register with the manufacturer on NHTSA’s website.

What If My Child Is Injured in a Car Accident?

Tragedy can strike even if you follow the steps listed above. Lampert & Walsh, LLC is a Denver personal injury law firm with years of experience handling car accident cases. If you have questions about filing a car accident lawsuit, you can speak to one of our attorneys at no cost during a free consultation.

5 Mistakes to Avoid After a Car Accident

When you’re in a car crash, you might feel upset, confused and overwhelmed. It’s hard to think clearly in situations like this and you’re likely to make mistakes that can affect your car accident claims. Be prepared and avoid making these five common mistakes when you’re injured in a car accident.

1. Failing to Call the Police: If the other driver pleads for you to avoid calling the police to report the accident, call the police anyway, even if the accident was minor. The police report will state what took place and serves as evidence in your car accident claim. To assist the attorney handling your car accident claim, be sure to get a copy of the police report. Which leads into our next point;
2. Failing to Obtain Information: Don’t forget to exchange information with the other driver. Make sure to get their full name, their driver’s license information, their insurance information, and contact number. You will need this information to file a claim for your property and medical costs.
3. Admitting Fault: Do not admit fault after a car accident. Even if you are tempted to apologize, refrain from doing so. Should you admit fault, you could harm your chances of being compensated for your injuries. You may not be at fault for the accident and you may not be aware of this due to missing information that has yet to be made known to you. At the same time, do not accuse the other driver of fault. It’s best to stay calm and let the appropriate parties decide liability.
4. Failing to Take Pictures: One of the best things about owning a smartphone is the ability to take pictures anytime, anywhere. Taking pictures of the scene of the accident could serve as crucial evidence to prove liability in your car accident case. Take pictures of all the vehicles involved in the accident, as well as the inside of the vehicles, skid marks, debris, or damage to guardrails.
5. Failing to Get Medical Attention: Get yourself examined by a medical professional following the car accident. Keep in mind that some injuries may not be noticeable of manifest until hours or days after the accident. When you visit the doctor, get copies of medical records that document the injuries you sustained in the car crash. This too will be crucial evidence for your car accident claim.

If you’ve been injured in an accident, keep your cool and avoid making the mistakes provided in this list. In addition, get in contact with an experienced attorney. The car accident lawyers at Lampert & Walsh can help you get the compensation you deserve to pay for your injury costs.