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Biloxi Personal Injury Law Blog

Dying Green Beret fights for changes to law

One Army sergeant who was wounded while serving in Iraq is using what are likely his final months of life to fight for the right of active duty service members to sue the government for medical malpractice. They are currently prohibited from suing for malpractice or negligence of any kind because of the Feres Doctrine. It's named for a U.S. Supreme Court decision from 1950.

An attorney who represents a number of service members says that the Feres Doctrine was meant to protect combat medics from being sued for malpractice. However, it has been applied far more broadly.

What does 'informed consent' entail?

Most of us don't have medical training, so we rely on our doctors to give us clear, complete, honest information about any condition we have. We also rely on them to explain all treatment options. We typically ask our doctors (or they just tell us) what treatment they would recommend. However, ultimately, the decision is ours to make.

That decision should be what's called "informed consent." Under the law, to have informed consent, patients must be given the following information in language they can understand:

  • Diagnosis of their medical condition
  • Information about treatment options, including alternative treatments
  • Risks of each treatment option
  • Prognosis with each treatment option and with no treatment

Know the importance of a police report after a crash

After a crash, you probably know that you'll have to speak with the police. The report they take will contain evidence and information about the collision, and that report can later be used to explain what occurred to the insurance company.

What some people don't realize is that the police can, and sometimes do, make mistakes on these reports that can hurt their claims. When you make a report and intend to use it for your insurance claim later on, it's essential that you make sure the details of the accident are accurate.

8 forestry workers killed in rural Mississippi crash

The National Transportation Safety Board (NTSB) is still investigating "all aspects" of a fatal crash on June 3 near Scooba, Mississippi, that claimed the lives of eight people. Among them were four brothers. The NTSB's preliminary report, however, provides some information about what happened on a rural two-lane highway when a box truck struck a van in which the eight people who died were traveling.

According to the federal agency, the truck crossed the centerline of the highway, striking the van in the pre-dawn hours on a bridge about 20 minutes from Macon. The van's driver told investigators that he swerved but was unable to avoid being hit. The van was pushed into the guardrails. None of the eight passengers who died were wearing seat belts.

Leaked documents reveal details about Neil Armstrong's death

Just as the world was celebrating the 50th anniversary of the Moon landing, word of a previously confidential $6 million settlement by Neil Armstrong's family and the hospital where he died in 2012. Documents regarding the settlement, which was reached two years later, were leaked to various news organizations.

The first man to set foot on the Moon underwent cardiac bypass surgery at a Cincinnati, Ohio, area hospital at the age of 82. He reportedly was up and about, even walking the halls of the hospital, after what appeared to be a successful surgery.

Can advanced safety features increase your risk of a crash?

If you've bought a new vehicle in the past few years, it likely has some nifty safety features (either standard on the vehicle or optional) designed to minimize your chances of a crash. These are known as advanced driver assistance systems (ADAS). However, they all have different names, depending on the vehicle manufacturer.

These advanced driver assistance systems (ADAS) include features like blind-spot monitoring, forward-collision warning and lane departures warnings. Some, like Subaru's EyeSight, warn you if a car or even a pedestrian is behind you.

Pedestrians in Biloxi at risk of crashes caused by motor vehicles

Biloxi is a tourist destination for people all over Mississippi and well beyond. With plenty of entertainment venues and casinos galore, Biloxi has ample opportunities for vacation fun and entertainment.

Unfortunately, along with that fun comes increased potential risks. Pedestrians headed down the streets of Biloxi could find themselves hurt by inattentive drivers. There are certain risk factors you should watch out for to stay safe when walking.

How you can help ensure your child's safety at camp

Whether you're sending your kids off to camp for the last weeks of summer, or you're enrolling them in a local day camp, it's essential not to assume that the camp and its staff will always take the necessary precautions to keep them safe. It's important to do your homework.

First, be sure that any camp you are considering is accredited by the American Camp Association (ACA). The ACA provides accreditation for day camps as well as sleep-away camps.

How do doctors with multiple malpractice claims keep practicing?

We know that most physicians are caring, capable professionals and that incidents of malpractice are not the norm. However, it may surprise many people to learn that just 2% of physicians are responsible for nearly 40% of all malpractice claims. That's the finding of a study published earlier this year in the New England Journal of Medicine.

What's troubling, however, is that many of the doctors named in these actions continue to practice medicine.

When may a liability waiver be unenforceable?

If you're a parent, you've probably signed your fair share of liability waivers. Likely you haven't always read them or even realized that the liability waiver language was tucked in a permission slip for a field trip or other school activity as well as community sports programs. Liability waivers are common for many summer activities as well -- from day camps to swimming lessons to indoor activity centers.

Businesses, school districts and other entities require signed liability waivers because they want to avoid lawsuits if a child (or anyone) suffers an injury on their premises or while engaged in an activity that they're overseeing. That's why it's essential to read and understand any liability waiver before you sign it. By signing it, you're stipulating that you've read it. Therefore, if your child is injured and you want to take legal action, you can't claim later that you didn't read the waiver or understand it if your signature is there.

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Hornsby Watts, PLLC
1025 Howard Avenue
Biloxi, MS 39530

Telephone: 228-207-2990
Fax: 866-271-4393
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