Every gas appliance shut off as hazardous - due 2 poor venting, gas leaks, cracked chamber in one furnace & flue of garage heater next to my bedroom window. Gas Tech told me it was "highly likely" I'd been exposed to CO. Gas Co. didn't measure CO ...
I am sorry you have been through this. It can be a very difficult injury to treat. We happen to have one of the national experts on CO poisoning here in SLC Uah. His office can complete specific testing to verify your situation is coming from a poisoning event. Once diagnosed, specific treatment can then be provided to minimize the impact of the exposure
It sounds like you did keep the furnace from being destroyed, so that the cause of the poisoning can be pinned down. If the landlord in fact destroyed some of the equipment after he/she was put on notice of your injury and direction not to destroy it, then a spoilation of evidence claim can be made later as well.
These cases are complex and if are not already represented, you should retain a lawyer on this situation quickly.
I hope the above helps.
My child is a special needs child and he was dropped off by the public school bus. They said it's against policy to let a child off the bus without being received by an adult. The driver put my child on the front porch and drove away. My 8 year...
Wow. I am surprised this was allowed to happen. Under Utah law, we normally have to show that the bus driver/school district acted negligently. We also need to show the nature of the injury your child suffered and the negligence of the driver/school district was the cause of that injury.
Here, if the bus driver violated District policy, the odds are good you can show the driver acted negligently. The District would normally be responsible for the driver's conduct since he/she was working within the course and scope of his/her employment with the district.
You would need to show the nature of the injury resulting from the negligence. Due to the trauma, did your child see a counselor or other professional to work through the issues caused by the event? If so, the records generated or a letter from the professional could help show the nature of the trauma your child suffered. If additional care will be needed, the professional should include that in a letter.
You might than work with the School District in making some sort of fair demand for the medical bills suffered and something fair for what your child has gone through.
One issue I don't have in my head is whether there was anyone at your home when your child was brought to the home by the driver? If no one was home, what is the rule the driver is supposed to follow? Will the District try to say that someone was supposed to be home to take charge of your child? That may or may not be an issue depending on the facts.
Finally, you should at least work with the District to be sure this type of problem is not repeated with other children--whether or not a formal claim is brought.
Note, there is a relatively short statute of limitations when it comes to governmental claims. So, you may need to move forward with the case if you want to do so.
I hope the above helps. More importantly, I hope your child got through this situation without substantial problems and he/she is moving forward.
Steve SullivanSee question
I have been addicted to diet soft drinks Diet Coke specifically, for 25+ years. After several years of increasing pain, at 37 I was diagnosed with 'Severe Advancing Degenerative Osteoarthritis' when xrays and invasive examinations determined I had...
I am really sorry to read your note. It sounds like you have been through a great deal as a result of the osteoarthritis. This is a problem that won't just go away either.
I am concerned your case would be a difficult one to bring here in Utah. It is a bit like the cigarette cases you may have heard about After many attempts those cases finally got traction. But, there, it was easier to find experts who would testify as to both general and specific causation of the tobacco products to the cancer. Here you would have to show that soft drinks have generally caused your condition and in your specific case, the soft drinks caused your situation compared to all the other reasons people can develop this condition. Cases against fast food operators have been filed and have not been too successful across the Country. Also, I have a vague recollection we have some immunity laws here in Utah on this type of case. There are some federal district courts in California that are better about this kind of issue.
I am sorry I could not give you a better response. But, you should talk to other Utah lawyers to be sure all issues have been fully explored.
I hope the above helps.
I had to have a second surgery and developed pneumonia during that surgery and ended up on a trach and vent for the second time. I had to be sent to another hospital in another state for my trach care. There a CNA some how pulled out my feeding...
Wow! I am very sorry to read your note!
If I understand the situation, you may have more than one potential medical malpractice claim. Summarily, it is possible for things to go wrong in a surgery or in post-surgical care and actually not have an actionable claim. However, if through expert testimony, it can be shown that in the individual case, a doctor or nursing staff acted below the standard of care required of that profession in that circumstance, you probably have a claim that should be reviewed. You would also need to show the specific injury you suffered as a result of the specific medical malpractice.
My goodness, because of what you have gone through, you should have an attorney get a copy of your records and review those records often in association with a particular expert. Appropriate action can then be taken. The downside to this kind of case, is the expense of hiring the expert and evaluating the case. Many lawyers will advance the costs of investigating the case and those costs would be repaid if the lawyer is later successful in bringing the case to a conclusion.
I very much hope you have gotten through the worst of this and you can get back to where you were.
I hope the above helps.
I am a 50 yr old disabled female who was given the Kroger Fiber Powder instead of Miralax by the assisted living facility nurse, purchased at a local grocery store instead of the facility pharmacy... nurse called my doctors office and told them I ...
I am sorry you are going through such a difficult circumstance.
I assume you were a resident of an assisted living facility where there is often professionals there to hep residents with medication and living needs. From your note, it sounds as if the employees at the assisted living center did not provide the prescribed over the counter medications as well as perhaps not providing needed prescribed mediation in the right levels. If so, you may have a medical malpractice claim against the facility. You would need to show that the employees acted the below the standard of care required of them under the circumstances of your case. You would also need to show that as a result of such behavior, you suffered specific injury or damages.
Such cases can be expensive to prosecute because your lawyer would need to find and retain expert witnesses who can provide testimony on what the standard of care is under the circumstance and that in your case, that standard was violated. Other experts might be needed to testify as to what specific injury or damage you suffered because of the malpractice.
Another option you have is to file a complaint with the Utah Department of Professional Licensing. This will bring the misbehavior to the attention of the office that licenses this facility. that office will investigate your situation and determine if wrong doing occurred.
Again, I am sorry you went through this. I hope this helps.
On the 2nd of October my mother and I were hit by a 2014-2015 dodge ram in our 1992 Honda civic then pushed into a red Cadillac. My side got the most impact. So I have a broken arm. Surprisingly that's all that happened to me. Besides some pain in...
I hope both you and your mom are quickly getting over your injuries. Your lawyer can sit down with you and walk you through the process. Summarily, under Utah law, the insurance on your car will be the first one to step up to the plate and pay certain no fault benefits to you. This includes medical coverage for each of you, some lost wage help and some house hold service help. The next step is to get each of you through your medical care and hopefully your injuries will resolve fully. If not, your lawyer will want to get reports on what additional care each of you will need in the future, the cost of that care, and ultimately, what you will have to live with by way of symptoms or limitations.
Once you are stabilized or fully resolved medically, usually your lawyer will attempt to resolve the claim short of the litigation process by sending a demand package to the at fault driver's insurance. If that insurance company won't pay what is fair your lawyer will get your permission to file a lawsuit. In Utah, you might opt for a jury trial or opt for an arbitration. Each option has its own set of ups and downs.
Once litigation is filed, the other lawyer will probably schedule your deposition. Your lawyer will talk with you before that deposition so you are prepared for the types of questions the other lawyer will ask you.
Once discovery is done, there may be a mediation or another attempt to settle the case. If that is not possible, a trial or arbitration hearing will be scheduled. Your lawyer will prepare you for your testimony at this trial or hearing.
So, you can see it can and often does take some time to go through the above process. Be sure to get in for needed medical care and keep your lawyer up to date on how you are doing.
I hope the above helps.
It was suggested to me ( Ray) by Canyon-lands Care / Home that I put my 85 yr. old mother in the facility, ( CANYONLANDS) Care faculty here in Moab Utah as her POA. I could not care for her anymore due to me being disabled and her ...
I am very sorry to read your note.
I apologize, but I am unclear as to the situation as it now stands. From your note, it sounds like through your diligence, another physician in Grand Junction diagnosed the cancer as treatable. Was needed surgery completed? From the first part of your question I am unclear if your mom survived that procedure.
Under Utah law, a mis-diagnosis case normally requires you show that the incorrect diagnosis occurred because the physician's care fell below the standard of care required of that doctor under similar circumstances. Importantly, you usually need to show that but for the mis-diagnosis, appropriate medical care would have avoided the injury your mom suffered.. From your question I am unclear of your mom's circumstance.
You might send over more information. Alternatively, you should call a Utah lawyer who handles medical malpractice cases to help you think through the issues in your family's case.
Again, I am very sorry to read your note. I wish you and your family the best in this difficult process.
Asked for copy of my file, & they can't fine it. I would like to take my file for a second opinion, My last visit was 10/21/15, Dentist left me in the chair the secretary came in and said he wasn't coming back. Grampa's Dental is located in...
I am sorry to hear of your situation--especially with your other health issues going. You certainly don't need this issue as well.
You have two options that I can see. The first option is to see if the dentist that provided the care could be pursued through a dental malpractice claim. This type of action requires you show through expert testimony that the dentist acted below the standard of care required of him/her under the circumstances. Importantly, you would also need to show that the ill fit and problems you are having is a result of this below par conduct. Sometimes it is difficult to find other dentists that can testify that the work was done negligently. The standard of care can be hard to define in dental malpractice cases.
A second option is to pursue a more traditional breach of contract claim against the dentist. He/she agreed that they would provide well fitting dentures for the amount of $5,500. The dentist has breached the contract by not providing well fitting dentures. You could pursue this claim through the small claims court and you would not need to hire a lawyer to do so. You would need a dentist to give you a report detailing what still needs to be done to complete the job satisfactorily and what the cost of that care will be. You would provide that report to the small claims court judge.
I am sorry you are dealing with this. I hope the above helps.
Steve SullivanSee question
I was going threw a modification issue with ors when the case worker sent paper work out to the other party which had my medical info on it with out my consent,and did not retract it .i contacted then numerous times to get back to me because they...
I am very sorry to read you note. This may be more complicated than it appears. Yes, you may have a HIPAA violation depending on the circumstances. But, there is no straight forward damage amount for such a violation. You may have to show actual damage because of the shared medical information. Per your note, if you suffered a loss of visitation or custody because of the shared medical information you may well have a damage claim. Having said that, it is possible such medical information would be discoverable by your ex-spouse/parent of your children as part of the custody/visitation evaluation process. Another potential wrinkle is that governmental entities do have some governmental immunities from certain types of claims. Research would need to be done to determine if this situation is excluded from governmental immunity. The answer may well be yes.
So, probably more complicated than it might appear. If you are working with a lawyer regarding the visitation or custody process you might talk with that lawyer about this issue. It could be your lawyer has run into this kind of circumstance before.
I am sorry I could not be more helpful. But, I hope the above helps somewhat.
I was in negotiation with risk management at the hospital, they sent me a check for $4,500.00 & stated when I need more money to contact them. I called 3 weeks later and stated more money as I now needed a 2nd surgery for the 1 the dr. screwed up...
I appreciate your note. I am sorry the risk management folks have made the decision to take such a hard line.
Under Utah law, your lawyer will need to show that either the hospital staff or physician--or both, acted below the standard of care required of the individual. As a result of such conduct, you suffered injury. I take it the risk manager was concerned enough to offer a settlement. Did you sign any type of release agreement? You may or may not need to set aside such an agreement if so.
As to the workers compensation claim, there are generally two types of such claims. The first is an administrative claim where no one acted negligently in causing the injury--such as a lifting injury, or whoever did cause your injury was a co-employee or supervisor. This type of claim is known as an administrative workers compensation claim. However, if a non-employee acted negligently in causing your injury, you may also have a third party workers compensation claim that should be investigated.
So, some work needs to be done to figure out if the malpractice claim has been settled to a point where an action can still go forward. You may need a workers compensation lawyer that handles administrative claims or a lawyer that handles third party claims.
I hope the above is helpful. More importantly, I hope you are getting through this whole thing. Unfortunately,, from your note it sounds like further surgery is needed.
Steve SullivanSee question