Negligent Driving – Snow and Ice
Tuesday, January 8th, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Now that winter is here it is important to think about the hazards of snow and ice accumulation on vehicles during the winter season. Snow and ice falling from a moving vehicle can create hazardous driving conditions for vehicles travelling around them. To avoid this danger, it is necessary to take reasonable steps to remove the snow or ice accumulations.
Under New Hampshire State law, a driver can be cited for driving a vehicle in a manner that “endangers” or “is likely to endanger any person or property.” This may include large amounts of snow and ice that fall from a vehicle.
Monday, January 7th, 2013
When driving, you should leave sufficient space when following vehicles to give yourself enough time to react and be able to avoid any snow/ice that may fall from another vehicle.
265:79-b Negligent Driving. — Whoever upon any way drives a vehicle negligently or causes a vehicle to be driven negligently, as defined in RSA 626:2, I(d), or in a manner that endangers or is likely to endanger any person or property shall be guilty of a violation and shall be fined not less than $250 nor more than $500 for a first offense and not less than $500 nor more than $1,000 for a second or subsequent offense.
If you believe you are the victim of a motor vehicle accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Surgical Mistakes are Commonplace
Monday, January 7th, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A recent study suggests that dangerous medical errors happen more frequently than you might care to believe. Researchers reporting their findings online in the journal Surgery note that “never events” occur frequently.
In the medical community, the so-called “never event” refers to certain medical mistakes that should never occur. These mistakes include leaving an instrument inside a patient, operating on the wrong body part or performing the wrong procedure. While some type of mistakes in health care are considered not preventable, these “never events” are preventable.
The study’s findings are based on research covering 1990-2010. It is estimated that a surgeon in the United States left a foreign object (such as a sponge) inside a patient 39 times a week, performed the wrong procedure on a patient 20 times a week and operated on the wrong body part 20 times a week.
When you undergo a surgery, you expect it to go smoothly. Most times it does. Based on the study, patients receiving the wrong procedure had the highest odds of death or injury and younger patients had a better chance of surviving a “never event” than those over the age of 60. Patients between the ages of 40 and 49 had the most “never events.”
If you believe you are the victim of medical malpractice, you should consult a medical malpractice attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Caps on Medical Malpractice Damages – Not in New Hampshire
Monday, January 7th, 2013
By C. Kevin Leonard – New Hampshire Medical Malpractice Attorney
With the problem of rising health care costs, in the news over the past couple of years are efforts in certain states to impose caps on the amount of damages a medical malpractice victim can recover. Those in favor of such caps argue that the limitation will help with health care costs. There are published studies that reveal such a claim is not supported.
While caps have been passed in other states, the New Hampshire Supreme Court rejected imposing such caps over 30 years ago in response to the New Hampshire Legislature’s law to limit the amount of damages recoverable for non-economic loss (pain and suffering) to $250,000.
Sunday, January 6th, 2013
In 1979, Carsen v. Maurer, the New Hampshire Supreme Court ruled that the cap was unconstitutional. In Carsen v. Mauer, the Court noted such a law treated victims of medical negligence different from victims of other kinds of negligence by restricting the damages they may recover for their injuries.
If you believe you have been the victim of a personal injury or medical malpractice, you should consult an experienced medical malpractice lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Caps on Personal Injury Damages – Not in New Hampshire
Sunday, January 6th, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
In a previous blog, we explained that in 1980 the New Hampshire Supreme Court rejected the legislature’s attempt to impose a $250,000 cap on pain and suffering or non-economic losses. Well, in 1990, those in favor of limiting such damage awards were back at it.
This time, the proponents wanted to impose a statutory cap of $875,000 for non-economic loss in all personal injury cases, which would include medical malpractice cases. Although the cap amount was higher, the Court rejected the idea of having a cap itself. In Birannigan v. Usitalo, the New Hampshire Supreme Court noted it was “unfair and unreasonable” to impose such a burden (limit on damages) on those severely injured and in need of compensation.
Thursday, January 3rd, 2013
In this time of rising health care costs, it is easy to come up with a simplistic (although incorrect) solution to the problem and target victims of personal injury. Our Supreme Court has rejected as unconstitutional previous efforts to single out personal injury victims with arbitrary caps or limits on their right to recovery non-economic or pain and suffering damages.
If you believe you have been the victim of a personal injury, you should consult an experienced medical malpractice or personal injury lawyer such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
Getting Your Medical Records – Know Your Rights
Thursday, January 3rd, 2013
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A patient is entitled to a copy of his or her medical record but not the original. The New Hampshire Board of Medicine requires that a physician maintain the original record.
State law, RSA 332-I, allows patients to obtain a copy of their medical records for a limited charge. RSA 332-I states the following:
Monday, December 31st, 2012
Medical Records. — All medical information contained in the medical records in the possession of any health care provider shall be deemed to be the property of the patient. The patient shall be entitled to a copy of such records upon request. The charge for the copying of a patient’s medical records shall not exceed $15 for the first 30 pages or $.50 per page, whichever is greater; provided that copies of filed records such as radiograms, x-rays, and sonograms shall be copied at a reasonable cost.
You are entitled to get a copy of your medical records even if you still owe your doctor money. The Board’s rules, Med 501.02, also address a patient getting copies of their medical records.
If you have been injured in a personal injury or medical malpractice, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
2012 A Bad Year For Fatal Auto Accidents in New Hampshire
Monday, December 31st, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
The 2012 statistics for fatal crashes in New Hampshire show that increases in motorcycle fatalities and pedestrian deaths explain most of the rise in traffic deaths this year. Officials are uncertain why motorcycle and pedestrian deaths increased this year.
While the number of crashes may fluctuate from year to year, the primary causes remain the same according to New Hampshire State Police. About 75 percent of total traffic fatalities relate to impaired driving, distracted driving and speed, along with a lack of seatbelt use.
Analysis by the Department of Safety showed that August was the deadliest month in 2012, with 22 people killed in 20 separate crashes. September was next, with 11 crashes and 12 deaths.
As for seatbelt use, New Hampshire does not have a mandatory adult seatbelt law. Officials state that an estimated 75 percent of drivers here use their seatbelts voluntarily but about 71 percent of fatal accidents involve a lack of seatbelt use.
There’s a similar statistic related to the use of motorcycle helmets, which are also not mandatory in New Hampshire. Helmets were not used in 63 percent of fatal motorcycle crashes in 2012.
Monday, December 17th, 2012
Another disturbing increase is the number of alcohol related fatalities. From 2009 to 2011, 41 percent of fatal crashes were related to impairment by alcohol and/or drugs.
If you have been a victim of a car accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
Contact C. Kevin Leonard for a free case evaluation:
1-800-240-1988 or kleonard@nhlawoffice.com
TWO HOSPITALIZED IN CAR CRASH
Monday, December 17th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Two men were seriously injured when their car slammed into a telephone pole and rolled over several times.
The driver suffered severe injuries and needed to be airlifted by DHART to Dartmouth-Hitchcock Medical Center in Lebanon. The passenger was thrown from the car during the accident and was taken to the Lebanon hospital. According to reports, both excessive speed and alcohol were contributing factors in the crash.
Monday, December 17th, 2012
Injuries suffered in a car accident or other personal injuries can change your life physically, emotionally and financially. Dealing with the aftermath can be challenging – dealing with medical treatment and bills, doctor’s appointments, calls from insurance companies and lost wages from missed time from work.
If you have been the victim of a motor vehicle accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
THREE –CAR CRASH IN WEARE
Monday, December 17th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A three-car crash in Weare, New Hampshire happened when a dump truck crossed the center line and crashed into oncoming traffic. The driver was taken to the hospital for serious injuries.
Wednesday, December 12th, 2012
Hearing news reports of accidents in which people suffer serious accidents raises the topic of having enough insurance coverage. Unfortunately, in recent years, we have found that many drivers do not have adequate insurance coverage to compensate for their injuries. To adequately protect you in case the other at-fault driver has inadequate coverage, some experts recommend a minimum of $250,000/$500,000 policy, including at least $5,000-$10,000 for medical payments coverage.
If you have been the victim of a motor vehicle accident, you should consult an experienced personal injury attorney such as one of the attorneys at Douglas, Leonard & Garvey, P.C. Call us at 1-800-240-1988 or fill out our online contact form.
SCHOOL BUS REAR-ENDS CAR STOPPED AT RED LIGHT
Wednesday, December 12th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
Recently, a woman and her teenage daughter were transported to the hospital after their car was rear-ended by a school bus in Manchester, New Hampshire.
None of the children on the bus were injured. But the driver and passenger in the car complained of neck and back injuries and were taken to the hospital.
Monday, November 19th, 2012
Rear-end collisions are a frequent type of car accident in New Hampshire. These accidents happen even when, like the bus driver in this case, drivers are supposed to be paying attention and on the look-out. Like the victims in this accident, they were not at fault but now are injured and require medical treatment. This means they will also have medical bills and maybe lost wages.
Insurance companies hire adjusters and lawyers to protect them so it is important for accident victims to protect their rights. If you have been injured in a motor vehicle accident caused by the other driver, you need an experienced personal injury attorney to help you. You should consult one of the car accident lawyers at Douglas, Leonard & Garvey, P.C. by calling us at 1-800-240-1988 or fill out our online contact form.
MAN SERIOUSLY HURT IN LONDONDERRY CRASH
Monday, November 19th, 2012
By C. Kevin Leonard – New Hampshire Personal Injury Attorney
A three-car collision in Londonderry, N.H. left one driver seriously injured. Because of serious head injuries, the driver was flown to Boston for medical treatment.
While the cause of the accident is under investigation, this accident highlights how car accidents can change someone’s life forever. Recovering from injuries suffered in a car accident may take months to heal or be permanent, which causes physical pain and suffering along with financial stress from medical bills and lost wages from missed work.
If you have been injured in a motor vehicle accident caused by the other driver, you need an experienced personal injury attorney to help you. Insurance companies have experienced adjusters or lawyers representing them. You should consult one of the car accident lawyers at Douglas, Leonard & Garvey, P.C. by calling us at 1-800-240-1988 or fill out our online contact form.
