Edmiston and Colton Law Firm - Personal Injury

Recovering Compensation For The Injured
in Billings, Montana

Billings Personal Injury Law Blog

Knee replacement failures come from many causes

Knee replacements are a major surgery that can benefit people who have certain troubles. The last thing that a patient thinks will happen is an implant failure. Unfortunately, this is possible, especially when certain factors are present.

It is imperative that individuals who need this type of surgery only work with a surgeon who is skilled in the procedure and with whom they feel comfortable. Long-term care is essential for people who have this procedure since problems can creep up years down the road.

About 20% of serious medical conditions misdiagnosed

When you visit your Montana doctor and that physician diagnoses you with a serious medical condition, it may serve you well to seek a second opinion before panicking. At Edmiston & Colton Law Firm, we have seen firsthand the hardships and complications that can arise when patients receive inaccurate or incomplete medical diagnoses, and we have helped many people whose conditions worsened due to medical misdiagnosis pursue legal solutions that meet their needs.

According to AARP, about one in every five patients who meet with their primary care physicians find out that they received inaccurate medical diagnoses during their initial visits with their primary care doctors. In one study conducted by the Mayo Clinic, more than 20% of Americans who sought diagnoses from their primary care doctors received diagnoses that were wholly inaccurate, while another 66% received diagnoses that were at least partially incorrect.

Surgical errors and the human factor

Montana residents of all ages and stages of health might end up facing the need for a surgery for a variety of reasons. Whether part of a treatment regimen for a disease, reconstruction after an accident, the choice for personal reasons or something else, patients need to trust in the care of their surgical teams. The reality always remains, however, that errors can and do happen during surgeries. In some cases, these errors leave patients with long-term complications. Other patients die due to surgical errors.

Understanding what may contribute to a surgical error can be important so that patients might inquire about these facts when discussing their operations prior to the event. It can also give patients and their families ideas of what they may need to review if an error does occur.

Are drivers always to blame for bike accidents?

Bike accidents in Montana sometimes result in major medical bills and other types of losses: all things that you would probably not want to pay for if you had a choice. A lawsuit might help you recover some of the damages you suffered, but that is not truly the purpose of the legal system.

The court is typically not interested in forcing people to pay for other people's injuries. Rather, you would seek justice through a personal injury lawsuit. You would typically ask for enough resources to make yourself whole again after somebody injured you. That is why, even if you believed an accident was partially your fault, you may still want to pursue your case.

Social-media silence is golden

What you say matters, especially when it comes to legal disputes in Montana. Almost anything that anyone involved in a case says could make a difference in the negotiations or the final outcome. In this day in age, that general rule also extends to social media, texting and other online interactions. That is why, at Edminston and Colton Law Firm, we often advise our clients that, when it comes to talking online about an accident, silence is golden.

As attorneys, we have studied hard in order to be able to choose our words carefully and act in a professional manner. However, we also understand that we are not the ones in pain after an injury, angry and frustrated. Under those circumstances, even the most polite and civil of us could be tempted to say something that they would later regret.

Voice-activated devices: What you should know

In this day and age of advanced technology, drivers are able to speak to their vehicles. You are no longer required to manually switch the radio station, make a phone call or compose a text. Instead, in-vehicle technologies work by understanding verbal commands and can carry out a myriad of tasks with just the sound of your voice. This technology, however, is not foolproof, and defects in voice-activated technology features may cause a significant amount of cognitive distraction. 

In one study, a team of researchers set out to measure the mental workload created by using voice-activated devices and how they can interfere with the task of driving itself. The study looked at six different technologies and how they affected a person’s ability to drive. Participants were asked to complete a driving course while engaging in several voice-activated tasks, including changing the music and dialing phone numbers. Researchers then look at participants’ reaction time, heart rate and brain activity, as well as the drivers’ subjective responses regarding how they felt during the activity. 

What is the average car crash settlement in Montana?

If you were injured in a car crash in Montana, the amount of money you may be able to reclaim would probably be based on your own situation. Even an experienced auto insurance professional or a personal injury attorney would probably have to look at the details of your case before making any sort of estimate as to how much money you may need to put your life back together.

The final result of your case could be a judge's decision. It could also be a settlement with an insurance company. Regardless of how you were to get paid, it would probably be wise to look at the whole situation before you accept any offer. Please read on for a few details but what goes into a typical repayment for injuries arising from auto accidents, and why it would be difficult to apply any sort of estimate or average without looking at the details of the case.

Should you trust a designated driver?

If you are like many other Americans, you may enjoy going out for dinner and drinks or spending an evening out on the town. When doing so, many people choose to designate a driver as a person who will refrain from drinking alcohol and ensure everyone gets home safely. Yet, while many people trust the designated driver to stay sober and be a safe form of transportation, some DDs do not meet up to these standards.

A study released in the Journal of Studies on Alcohol and Drugs reported that at least 40% of designated drivers have had alcohol at some point in the evening before climbing behind the wheel. In some cases, the designated drivers had consumed enough alcohol to cause an impaired ability to drive. Approximately 18% of designated drivers tested in the study had a blood alcohol content level of 0.05% or higher. Although the legal limit is 0.08% in most states, drivers show impairments in as little as 0.02%. 

Your teen has rights just like other drivers

As you probably already know, teens are more at risk for auto accidents than most other age groups in Montana. Unfortunately, while younger people are generally more resilient after these accidents, it is possible that your child could experience costly, lifelong consequences from a violent crash.

Teenagers are more likely to be out driving at night, and they are also less experienced than older drivers. That is no excuse for a driver denying liability when they hit a teen's car. Here at Edmiston and Colton Law Firm, we believe that everyone deserves to receive compensation for injuries when another party is responsible — regardless of age. 

Anesthesia errors you should be aware of

When you are preparing for a procedure at your Montana doctor, you may have been told that you will be put under anesthesia for your overall comfort while your procedure is being completed. While this medical practice can be highly beneficial for you and your ability to be treated with minimal stress or trauma, it is also important that you be aware of errors that can happen when anesthesia is administered. At Edmiston & Colton, we are committed to providing people with information about the dangers of medical malpractice. 

If you have never been given an anesthetic before, it is wise to discuss what will happen with your doctor. Make sure that you understand what will happen to you, as well as how to prepare for anesthesia and what side effects to be aware of. According to Elcam Safety, some of the most common anesthesia errors that could affect you include the following:

  • Errors in your personal documentation that lead to errors in how your anesthesia is administered to you. 
  • The inconsistent flow of the anesthesia when it is being administered to you through an IV. 
  • Accidental administration of anesthetics that contain residual flow from previous IVs that were given to you. 
  • Incorrect dosing amounts. 
  • Poor management of pain levels following your procedure. 
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    310 Grand Ave
    Billings, MT 59101

    Toll Free: 877-413-7681
    Phone: 406-545-0889
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