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Showing posts from December, 2011

Airplane Crash Tragedy for Albemarle Family

It was with great sadness that I read the report of a plane crash involving a local family. In addition, a friend and business partner of the aircraft owner was also killed in the tragedy. Aviation disasters are usually thought of in terms of larger plane crashes involving commercial airliners, but the reality is that most plane crashes involve small aircraft piloted by owners. When I first started practicing law, one of the first cases in which I was involved concerned a Cessna aircraft that had crashed. Fortunately, everyone survived. The controversy was whether the crash involved pilot error or the failure of a fuel gauge. The current tragedy will likely involve a similar dispute, with the aircraft manufacturer and or mechanic pointing to pilot error and the other side looking to an equipment failure. Unfortunately, the victims have no input and the remaining family members are left to mourn their passing. The dangers of travel in the winter holiday season are emphasized by …

Medical Mistakes Equal Medical Malpractice?

Is a medical mistake considered to be medical malpractice? Most lawyers will tell you that a simple mistake without an injury is not malpractice. But, there are plenty of injuries that do result from medical malpractice. Medical malpractice statistics are appalling. For instance, an estimated 225,000 people die each year from some form of medical malpractice, ranging from incorrect diagnoses to surgical error. It is the third leading cause of death in this country. And yet, only two percent of victims file a claim for medical malpractice and even fewer ever receive any form of compensation. The Institute of Medicine estimates that 1.5 million patients are injured every year because of medication errors. Far less than 2 percent of the victims file a claim for medical malpractice. Why? One reason is that is difficult to prove medical malpractice. Most states have laws that require an expert opinion before a lawsuit is filed. In addition, many states limit recoveries, thus di…