Early diagnosis and treatment of cancer is important because it leads to gentler and more effective forms of treatment. Responsibility for providing the testing that leads to early diagnosis rests primarily with family doctors, who are trained to understand and use widely available screening tests, even for patients without symptoms. This article provides background information on screening for four common cancers that can and should be caught early through the use of inexpensive and widely accepted screening tools....
Law Articles
Construction sites have tremendous potential to injure and kill. The hazards they present include falling objects, poisonous gases, scalding temperatures, electrocution, explosions, and everything that can go wrong when using ladders and power tools. Workers on these sites often have nothing other than hardhats and safety glasses to protect them against forces that can maim and kill them in an instant. ...
In a negligence case, the plaintiff must prove that the negligent acts or omissions of the defendant more likely than not caused the injury. Defendants in medical malpractice cases have argued, based on this standard of proof, that in any case where the plaintiff cannot prove that the malpractice deprived her of a greater than 50% chance of a better outcome, the plaintiff cannot meet her burden of proof on causation and can therefore not recover....
When it is pursued intelligently from the outset, a claim for punitive damages can enhance the value of the right products liability case. Attorneys should understand the issues and challenges that are unique to punitive damages in the products liability context. The opportunities to pursue such claims arise more often than one might think....
SummaryThe family doctor and the neurosurgeon both say the accident caused the injury. So you make your demand to the insurance company. The company says no...Particularly in cases in which the stakes warrant the expense, insurance companies are turning to "biomechanical experts" who will say that an impact that fails to cause visible property damage cannot cause physical injury.I. Background...
In a products liability case, the defective product itself is typically key to proving the plaintiff’s case. For example, in a case that our office recently worked on involving a malfunctioning bucket lift that collapsed, testing of the retained piston revealed that the grade of metal used was insufficient to withstand the forces within the hydraulic lift. If steps had not been taken to retain that piston, we likely would not have been able to prove the responsible defect....
More so than any other segment of the population, older adults who reside in nursing homes or other institutional care facilities often are at risk of suffering “accidental” injuries. The term “accident” is defined by the federal regulations as “any expected or unintentional incident, which may result in injury or illness to a resident.” With...
Summary National headlines have disrupted our trust in the sanctity and safety of our schools. We have known and, sadly, accepted for some time that the world is not always a safe place for our children. Historically, however, we could at least trust our schools to provide safe havens… Schools are a lot less safe...
SummaryReimburement of medical payment liens is causing much confusion. This article summarizes repayment obligations to first party carriers who make medical payments under casualty contracts.First party carriers' medical repayment obligations under casualty contracts I am seeing much confusion and frustration these days in the area of reimbursement of medical payment "liens." [1]...
Introduction...
The Electrical Injury CaseElectrocution is the second leading cause of death in the construction industry, and electrical injuries suffered at work or at home can cause significant harm and even disability. Although electricity may leave telltale marks as it escapes its intended path and injures a person, tracing the cause of the injury back to responsible parties and holding them liable requires careful, informed investigation and legal work....
The Law Court Clarifies and Expands the Scope of Two Causes of ActionIs a manufacturer of food products liable for a substance found in the food that is dangerous but occurs naturally? Is it possible to have a privacy interest in a house you don’t occupy? In two separate cases in 2012, the Law Court looked to the Restatement of Torts to answer questions about the scope of a defendant’s liability in tort, and provided answers that broke new ground for plaintiffs....
The Maine Legislature has amended the Maine Tort Claims Act (MTCA) to provide a remedy for those injured by the negligent driving of police officers and other governmental employees. The amendment enhances public safety by holding negligent governmental drivers responsible, just like other drivers. It provides compensation to victims and family members injured or killed by a negligent governmental driver. At the same time, the amendment preserves maximum flexibility for police officers and other governmental employees to do their important jobs......
The Seventh Amendment provides for the right to a jury trial in all cases “where the value in controversy shall exceed twenty dollars.” It goes on to say that “no fact tried by a jury, shall be otherwise reexamined in any court of the United States,” other than as permitted by the then-existing rules of...
The unique risks of driving a large commercial truck and the complex regulatory oversight of the trucking industry make handling a commercial truck accident case significantly different from handling a case involving only passenger cars. A commercial truck travelling a Maine road may weigh as much as twenty tons. This size and weight alone can...
I) Introduction...
Just last week, an independent audit of the Roman Catholic Diocese of Portland revealed 11 new complaints of priest abuse against children — which occurred between 30 and 70 years ago — by four priests. Six of the complaints have been substantiated.A couple of weeks ago, the Irish government reported that its investigation into the Irish Roman Catholic Church revealed widespread child abuse — rape, molestation and mental cruelty — and a deliberate cover-up on the part of church leadership.Victims of the abuse are fighting back....
With the aging population, retirement of the baby boomers and increasing population of nursing homes, Maine lawyers undoubtedly will face a growing number of questions from clients concerning negligence, abuse and neglect of nursing home residents....
Here’s the scenario....
SummaryWrongful death and survival claims continue to coexist and provide valuable alternative approaches for plaintiffs seeking to recover for injuries that lead to death. Plaintiffs who do not meet all of the statutory requirements for a wrongful death claim may be able to follow a claim outside of the death act and can benefit from avoiding the death act's two-year statute of limitations and limitations on damages.I. Introduction...