Billings Personal Injury Law Blog

One of the more important elements of medical malpractice cases is expert testimony. Most people in Billings may lack the medical knowledge and expertise needed to challenge a clinician's actions or decision-making. Thus, one who has similar expertise as those who are the subject of a medical negligence claim is typically needed to offer an educated opinion as to whether said parties acted appropriately. The process of qualifying an expert witness goes beyond simply saying one is so, however. Plaintiffs must follow the state's processes for doing so or risk having the basis of their cases challenged. 

A case recently argued before the state Supreme Court in Florida illustrates this point. The defendants in a medical malpractice lawsuit brought by the estate of a local woman argued that the expert witness that the plaintiff presented was unqualified. The expert in question had been pursuing educational opportunities immediately prior to the events of the case. The defendants argued that this meant that the proposed expert did not meet the standard of being "duly and regularly engaged" in the practice she was asked to testify on (which is a requirement to qualify an expert witness in Florida). 

As you enter the operating room to have a procedure performed, you are putting your health and wellbeing in the hands of experienced and talented surgeons and operating room staff. The last thing on your mind is whether or not you will leave the OR with a surgical instrument sutured up inside of you. The very thought of something like this happening sounds unheard of. However, it does happen more often than you may think.

A study performed by Johns Hopkins University found that surgical items are left behind in patients at least 4,000 times every year in the United States. These forgotten objects can cause major infections, and in some cases, lead to permanent injuries or even death.

When you drive alongside a massive tractor trailer on the Montana roadway, you may take for granted that the truck driver operating the large vehicle is fully trained and licensed to do so. You may be surprised to find out, however, that the truck driver may have former violations and should not be allowed to operate a truck at all or that the truck they are driving does not pass requirements to function on the road.

Every year the Commercial Vehicle Safety Alliance holds 72-hour road check inspections of both trucks and truck drivers. Inspectors look at truck drivers’ hours-of-service documentation, operating credentials, seat belt usage, alcohol use and drug impairment. They then check the tractor trailer’s cargo securement, exhaust systems, brakes, frames, coupling devices, lighting, fuel systems, suspensions, steering mechanisms, windshield wipers and tires.

A number of elderly drivers in the nation put other motorists at risk while on the road. Motorists who are over the age of 65 were involved in over 6,700 deadly car accidents in 2016 alone, according to the Governors Highway Safety Association. The District of Columbia and 33 states have regulations in place, requiring elderly drivers to go through a different licensing process than other motorists. States may restrict online registration, require elderly drivers to come in for vision and/or road tests or have them renew their drivers licenses more frequently. In Montana, drivers over the age of 75 must renew their licenses every four years, as opposed to every eight years, which is regular renewal length.

There are many factors that come into play when looking at mature drivers. Eye problems and conditions, such as glaucoma and macular degeneration, increase significantly as people grow older. People over the age of 65-years have a hard time focusing in low-light conditions and may be more sensitive to glare and bright headlights. Furthermore, decreased motor functioning can make it difficult for elderly drivers to operate a vehicle safely. As people age, they often experience a decline in important cognitive skills, such as visual processing, focusing and memory. Medications taken by elderly drivers may also have an effect on their ability to operate a vehicle, as they may decrease their response time.