Mississippi Injury Lawyers Blog

According to a recent report by WLOX in Biloxi, MS, one organization in Mississippi is helping law enforcement deal with train crashes. According to the report, there are almost 3,000 train accidents every year, and about 1,000 people die as a result. Operation Lifesaver thought there was something that should be done about those numbers.

Operation Lifesaver and two other organizations created a collisions investigation course for law enforcement officers. The purpose of the course was to teach first responders about how to deal with a train accident that could involve a chemical spill. The instructor, Bill Jacobs, told the officers that the course was meant to protect them and to protect the general public.

Jacobs told the officers that they can tell what kind of train car they are dealing with by looking at the fittings after a crash. "If this car was to derail and go sliding along on it's [sic] bottom, it's not going to break off a fitting and release high pressure gas. So you know from the road from your spot light immediately your dealing with a low pressure tank," said Jacobs. This technique allows first responders to access an accident scene without getting too close to the site and risking exposure to dangerous chemicals.

In addition to the fittings, Jacobs told the first responders to look for placards that are supposed to be on both sides and both ends of the rail car. "We're teaching them today to learn how to read the placards to know what's on the train how to look at the train to know which parts of the train maybe injured," explained Kim Sloan, Executive Director of Operation Lifesaver. For Sloan, involving law enforcement and first responders creates fewer hazards for those having to process the scene of a railway accident. She said, "by bringing the law enforcement officers in and first responders in and talking to them a little bit about how to investigate these situations, we're getting them on our team and bringing about more awareness of the dangers associated with highway rail grade crossings."

Continue reading "Mississippi Law Enforcement Gets Crash Course in Train Accidents" »

According to a report on Forbes.com, Mississippi's cap on pain and suffering awards had led to a significant drop in medical malpractice lawsuit filed in the state. The articles sites a recent study that looked at the total number of lawsuits filed against doctors insured by the largest medical malpractice insurer and came to the conclusion that tort reform has made a sizeable dent in the number of lawsuits filed against the insurer's doctors.

In 2001, medical malpractice suits in Mississippi numbered 350. Then in 2002, the number of suits filed nearly doubled to 630. Coincidentally, this was the time when the Mississippi legislature announced that it would be capping non-economic damages at $500,000 for all medical malpractice cases filed after January 1, 2003. When the new law took effect, the number of medical malpractice lawsuits filed against Mississippi doctors shrank to 132, which is the lowest it has been since 1989. During that year, the Mississippi legislature passed laws that prevented the cap on non-economic damages from being increased and that required plaintiffs to sue in the county where the alleged injury took place, making it difficult for plaintiffs to shop around for a favorable jurisdiction. Since that time, the number of suits filed against doctors has averaged 150 per year.

The Forbes article highlights some important concepts that can be gleaned from Mississippi's tort reform. First, state legislatures have limited power to influence the outcome of civil litigation. The passage of Mississippi's tort reform provisions seemed to be causally connected to the substantial decrease in the number of malpractice suits filed. Second, medical malpractice suits may NOT make the practice of medicine safer, which has been the argument of most medical malpractice attorneys. The article says, "The sudden spike in apparent malpractice followed by a major decrease says everything about economics and very little about how many people were actually injured by malpractice."

Continue reading "Mississippi Legislature Tackles Tort Reform, Malpractice Lawsuits Dramatically Decrease" »

After someone has been injured by a medical practitioner, what happens? They may decide that they want so sue the doctor for the injuries they have suffered. If they decide to sue, they should consult an attorney who specializes in medical malpractice. So how does a medical malpractice attorney decide if he or she is going to take on a new case? It depends on whether the attorney can establish four crucial elements.

1. Duty. There has to be a legal duty between both parties. We call this the "standard of care." It also has to be established that the plaintiff was owed that duty by the defendant. If the plaintiff is either the patient, a legally designated administrator of the plaintiff, such as a power of attorney, or a deceased patient's legal administrator, then they are owed a duty of care by the defendant. The defendant can be any provider of medical services, which includes not only doctors and nurses, but also medical corporations, hospitals, clinics, and managed care companies.

2. Breach. The medical malpractice attorney has to be able to demonstrate that the legal duty that was previously established was in fact breached by an act, or omission of the defendant. Oftentimes, we call this a "deviation from the standard of care." This is done by comparing the care that the plaintiff received from the defendant with the appropriate "standard of care." The "standard of care" will be established by testimony from medical experts, who will testify as to "what the average health care provider of reasonable competence would be expected to do under the same circumstances as in the case under review."

3. Causation. The medical malpractice attorney must also prove that the breach caused the plaintiff's injury.

4. Damages. The presence of some kind of damages will also be an important factor. Financial damages must be the result of the present injury and not pre-existing. This requirement also applies to emotional damages. If the damages are pre-existing, then the damage claim may be dismissed in court.

Continue reading "Deciding the Merits of a Mississippi Medical Malpractice Claim" »

According to a recent report by the Sun Herald, a Jones County, Mississippi boy has been awarded nearly $6.9 million because of an accident he had in a Toyota 4Runner. The accident caused the boy, Will Graves, to be paralyzed from the chest down. A federal jury returned a verdict on Friday, February 24, 2012, saying that the Toyota 4Runnner's design was defective. At the time of the accident, Graves was 16, so his parents sued Toyota on his behalf.

Graves was on his way to work out with friends on New Year's Eve the day of the accident. Graves has no memory of the accident, but according to experts, Graves weaved onto the shoulder of the road and then tried to over-correct which caused the SUV to tip over. The 4-Runner flipped more than three times.

At trial, Graves' attorney, Joe Sam Owen, was able to prove that the design of the 4Runner made it heavy on top, making it dangerously likely to flip over. He also demonstrated at trial that 4Runners made between 1990 and 1995 contained the design problem, which has led to several lawsuits. The jury award is intended to cover Graves' present and future medical expenses, in addition to the pain and suffering that he has suffered. Now, Graves needs continuous care. He is confined to a wheelchair, and he is not able to use his hands.

Continue reading "Multi-Million Dollar Settlement Due to Mississippi Wreck" »