Edmiston and Colton Law Firm - Personal Injury

Recovering Compensation For The Injured
in Billings, Montana

Billings Personal Injury Law Blog

Parents in another state filed medical negligence claim

When a woman gives birth in a Montana hospital or medical facility in another state, she has the right to reasonably expect that the attending medical team will adhere to state laws governing the industry and will provide high-quality care according to accepted protocol and safety standards. If a doctor, nurse, technician or other licensed medical worker fails in his or her fiduciary duty, resulting in a birth injury, the parents of the child may seek justice on behalf of their son or daughter. To do so, they can file a medical negligence claim in a civil court.

Parents in another state filed such a claim on behalf of their son, who is now age 3 but unable to walk or feed himself. In fact, he needs round-the-clock care and must take eight medications per day as a result of the brain injury he suffered because his delivery at birth was delayed. His parents claim that the hospital, as well as several nurses and doctors, are responsible for their son's injuries.

Jury says surgeon and hospital are guilty of medical negligence

When a medical patient in Montana or elsewhere undergoes surgery, he or she entrusts his or her medical well-being to a team of skilled professionals, including a surgeon (or surgeons), nurses, surgical technicians and others. Especially if the procedure in question involves the patient being fully unconscious at the time, he or she is unaware of what is happening in the operating room during the surgery. If medical negligence occurs, it is often only later, during recovery, that a patient will become aware of it.

One of the most common types of surgical errors that occur in the United States is leaving foreign objects inside the bodies of patients. Such items might include a surgical instrument, gauze or other objects. There are strict procedures regarding keeping track of every instrument and item used during a surgery; if the medical team follows the procedure, the likelihood of a surgeon mistakenly leaving an item inside the body of a patient is small.

Are car accidents more likely to cause injuries to men or women?

A motor vehicle accident can change a person's life in an instant. One second a Montana driver may be heading to the store or going to work, and the next moment that person may be left with pain and debilitating injuries. While anyone is susceptible to injuries in a crash, there is some reason to believe that certain people are more likely to experience injuries than others in car accidents.

According to the findings of a recent study, women are more likely to experience injuries in a crash than men. In fact, they have a 73% greater chance of injury in a collision. This study focused on forward collisions in which occupants were wearing seat belts. Vehicles are safer than ever before, but evidence suggests that the reason women are more likely to be injured is because of the difference in body types between males and females.

Car accidents: Montana community grieves local celebrity's death

In Montana and across the country, many people enjoy listening to the radio. It is not uncommon for disc jockeys to obtain celebrity status in their communities or nationwide. When car accidents occur involving local celebrities, it often sends a ripple of grief throughout an entire region. Sadly, that is exactly what happened following a recent collision that involved a well-known 63-year-old musician and radio DJ in Missoula.

It was just after 2:30 a.m. on a recent Wednesday when the much loved musician was pronounced dead at the scene of an accident. He was reportedly heading south on Highway 93 when another vehicle hit his pickup truck. Police say the other vehicle had veered out of his lane and across two oncoming lanes of traffic before colliding with the DJ's vehicle.

Truck accidents: Financial recovery is often possible

If you're traveling on a Montana highway, it pays to be as cautious and alert as possible, especially when you're sharing the road with a lot of other vehicles. All drivers are legally obligated to adhere to all traffic laws and safety regulations. The problem is that you have no guarantee that every other nearby motorist is going to comply. Car or truck accidents often occur suddenly, leaving little to no time to safely react to avoid collision. 

Some drivers are reckless. Others get distracted at the wheel, perhaps while adjusting radio knobs or using cellphones which take their focus off the task at hand. Truck drivers, in particular, are often fatigued after spending many consecutive hours on the road without rest. News headlines often include mention of 18-wheeler accidents, many of which result in fatalities.

Car accidents: Grief may be intensified during the holidays

Nothing can prepare the average Montana family for learning that a loved one has suffered fatal injuries in a collision. There are typically more car accidents during holiday seasons for various reasons. In addition to there being more cars on the road, there also tends to be more drunk drivers, which places all travelers nearby at great risk.

Coping with the sudden, unexpected loss of a loved one during the holidays is often devastating. Some families may decide to cancel their holiday gatherings and plans altogether. Other families might want to try their best to carry on with their holiday plans in memory of their loved one.

More car accidents in Montana during winter

As in other states across the country that typically experience wintry road conditions this time of year, Montana motorists and travelers must be especially cautious when they head out on the highways. It is no secret that there are usually more car accidents in inclement weather than there are when the sun is brightly shining and roadways are dry. Driver negligence is often listed as a causal factor when motorists fail to reach their travel destinations because of collisions.

There was an incident on I-90 on a recent Tuesday morning. Montana Highway Patrol officers were among the first responders to the scene. As often occurs in the aftermath of a motor vehicle collision, traffic flow was expected to slow to a single lane until such time that workers would be able to clear all the debris from the crash that was blocking the road.

Major red flags that warn of nursing home neglect of a loved one

Putting your loved one into a residential care facility such as a nursing home can be a very difficult decision. You will worry about social isolation and the potential for physical or financial abuse, as well as neglect by caregivers.

You may do research to try to find a facility that has excellent ratings and happy residents, but no amount of research will guarantee that your loved one won't encounter neglectful or simply overworked staff while living in a nursing home. Knowing some of the major warning signs of neglect can help you understand if you need to take action to protect your loved one.

Car accidents involving pedestrians are often fatal

A Montana college student was walking along a roadway in the wee hours of a Sunday morning. The events that unfolded resulted in tragedy. The driver of a pickup truck struck the pedestrian. Car accidents involving pedestrians often end in fatality, as this incident did.

The driver of the pickup truck reportedly admitted that he had seen the pedestrian walking along the side of the road. He also stated that, at one point, he noticed the young man's gait appeared unstable. The rear end of the vehicle struck the pedestrian. An off-duty police officer stopped at the scene shortly after the accident and attempted CPR on the victim.

Study reports on leading causes of bicycle accidents

Recently, the National Transportation Safety Board released a study that focused on how to increase the safety of bicyclists. According to the report, the leading cause of bicycle accidents is motor vehicles overtaking those on bicycles. With the increased awareness to reduce harm to the environment and the desire to find enjoyable exercise, more and more Montana residents are taking up bicycle riding when possible.

According to the NTSB, the numbers of those killed in bicycle accidents has risen to levels that are comparable to those who die in marine-related and train accidents. In 2017, approximately 806 people died in collisions involving bicycles. Last year, the number rose to an estimated 857, which is the highest number of fatalities since 1990. There are some suggestions for measures that could help reduce the numbers of these fatal crashes.

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