Medical Malpractice.....Some Answers

Medical malpractice lawsuits stem from medical negligence that has caused harms and losses to the patient.  Virginia laws dictate whether or not the patient has a viable claim.  To have a viable medical malpractice case, the Plaintiff must establish the standard of care on the part of the healthcare provider.  The Plaintiff must then prove the breaches of each standard of care.  The Plaintiff must also prove that his or her damages were proximately caused by the healthcare provider’s negligence and the breaches of the standard of care.  And finally, the Plaintiff must be able to prove and substantiate the harms and losses that resulted from the negligence.  There is a statute of limitations associated with medical negligence cases, which determines the time that a Plaintiff has to either settle a medical negligence case or to file a lawsuit. These are complicated matters, and that it why it is important for you to seek the advice of an attorney if you believe that you have been harmed by medical negligence.  Bettina C. Altizer and Terri Welch Luzynski at AltizerLaw are compassionate attorneys who serve the citizens of the Roanoke Valley and surrounding areas.  They would be pleased to speak with you, and we invite you to contact us at (540) 345-2000 or visit our website at altizerlaw.com.

Bettina Altizer Attorney at Law

Altizer Law P.C.

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

If you are in an accident wih a Big Truck....Be aware

The Federal Motor Carrier Safety Administration has called for “black boxes” to be installed in heavy trucks.  These black boxes are similar to the ones found on airplanes and a majority of automobiles.  They record and keep safe all data in case of a crash.  USA Today reported that the proposal has divided the trucking industry.  However, research has shown that driver fatigue plays a large role in the number of commercial vehicle accidents that result in injury and death.  Dan Osterberg, Senior Vice President of Safety and Security at Schneider National said his firm saw “a significant reduction in crashes after it required on-board recorders for its 13,000 truck fleet in 2010.  He reported that they did an internal study of a four-year period and found that fatigue was the number one cause of crashes at that time.  Since they began using the on-board recorders, they’ve seen a significant reduction in fatigue-related tractor trailer crashes, in fatality crashes, and in injury crashes.  These boxes are extremely helpful in determining the cause of a wreck.  It makes sense to have the black boxes in tractor trailers to provide valuable information about a crash, which causes serious injury or death.  If you or a loved one have been injured in a collision involving a tractor trailer, the attorneys at Altizer Law are here to help.  Please call us at (540) 345-2000 or visit us on the web at altizerlaw.com.

Bettina Altizer - Attorney at Law

Altizer Law  P.C.

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

Halloween Driving can be Dangerous....

The Claims Journal has reported that kids have a greater chance of being fatally injured by a car on Halloween than any other day of the year, including the Fourth of July and New Year’s Day, according to State Farm and research expert, Bert Sperling of Sperling’s BestPlaces, two companies that teamed up to better understand the risk kids face as they take to the streets in search of treats.

Sperling’s BestPlaces analyzed more than four million records in the Fatality Analysis Reporting System (FARS) from 1990 – 2010 for children 0-18 years of age on October 31. That detailed analysis revealed the following:

·         One hundred and fifteen child pedestrian fatalities occurred on Halloween over the 21 years of our analysis. That is an average of 5.5 fatalities each year on October 31, which is more than double the average number of 2.6 fatalities for other days.

·         Nearly one-fourth (26 out of 115) of accidents occurred from 6:00 – 7:00 p.m. Over 60 percent of the accidents occurred in the 4-hour period from 5:00 to 9:00 p.m.

·         Over 70 percent of the accidents occurred away from an intersection or crosswalk.

·         Most of the fatalities occurred with children ages 12-15 (32 percent of all child fatalities), followed by children ages 5-8 (23 percent).

·         Young drivers ages 15-25 accounted for nearly one-third of all fatal accidents involving child pedestrians on Halloween.

·         Drivers ages 36-40 and 61-65 were involved in the fewest child pedestrian fatalities on Halloween. Together, these age groups accounted for nine child pedestrian fatalities (8 percent) in the 21 years of the study.

·         Each of the last six years of the study (2005 – 2010) has seen Halloween child fatalities below the 21 year average of 5.5.

Bettina Altizer- Attorney at Law

Altizer Law P.C

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

 

Traffic Fatalities Drop

Traffic fatalities going down in Virginia

State figures show the number of traffic fatalities dropped from 1,026 in 2007 to 740 in 2010

Associated Press

10:47 PM EDT, October 22, 2012

NORFOLK, Va. (AP) --

Traffic fatalities and severe injuries in Virginia are declining.

State figures show the number of traffic fatalities dropped from 1,026 in 2007 to 740 in 2010.

During the same period, severe injuries fell from 19,796 to 11,664.

As of Friday, there have been 608 traffic-related deaths so far this year.

Safety advocates attribute the declines to several factors, including DUI laws, increased seat belt use and stricter licensing for young drivers.

Despite the improvements, Connie Sorrell with the Virginia Department of Transportation tells The Virginian-Pilot that the state's numbers are still too high.

Sorrell says a new initiative aims to reduce secondary crashes at wreck scenes. Representatives of local law enforcement agencies are being trained to clear crash scenes faster.

Bettina Altizer

Altizer Law P.C.

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

Counterfeit air bags

WASHINGTON (AP) — Car owners whose air bags have been replaced in the past three years may have had dangerous counterfeit bags installed, the Obama administration warned Wednesday.

Only 0.1 percent of the U.S. vehicle fleet is believed to be affected, the National Highway Traffic Safety Administration said in a statement. But industry officials briefed by the government said tens of thousands of car owners may be driving vehicles with counterfeit air bags. NHTSA testing has shown most of the counterfeit bags don't inflate or fail to inflate properly. In at least one case, a counterfeit bag fired shards of metal shrapnel on impact, the agency said.

NHTSA is asking car owners to check a government website, www.Safercar.gov, for information on how to contact a call center established by auto manufacturers to learn if their vehicle model is among those for which counterfeit air bags are known to have been made.

 By JOAN LOWY, Associated Press

Bettina Altizer Attorney at Law

Altizer Law P. C.

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000