2010 - Page 47 of 164 - Shapiro, Washburn & Sharp

Let’s Put the Seniors in Jail, and the Criminals in a Nursing Home.

I received an e-mail with the same title that basically said convicted criminals receive more rights and protection than our elderly.  Although overly exaggerated, the e-mail draws attention to the terrible care that many elders receive at these facilities.   According to the best available estimates, between 1 and 2 million Americans age 65 or…

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Are There Damage Limitations in FELA?

We get this question a lot since many railroaders have heard about “damage caps” in medical malpractice cases. Fortunately, FELA (i.e. the Federal Employers Liability Act) does not penalize victims and there is no arbitrary damage cap for your on-the-job railroad injury. This does not mean there aren’t specific requirements you need to follow when…

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Is a Medical Malpractice Suit Appropriate for a Perforated Intestine during Stomach Surgery?

The answer to this question depends largely on the circumstances related to your particular surgery. I can say, in general, suffering a perforated intestine during a procedure can be grounds for a medical malpractice claim, especially if the procedure is considered common by the medical community. However, the laws in Virginia (VA) for medical malpractice…

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