In the determination of whether a doctor has been negligent, it is important to know the standard that is used to evaluate their performance. This standard is what an average qualified physician in the same situation would have done in the same or similar circumstances. Expert testimony is used to establish this standard of…
Missouri generally retain sovereign immunity with 3 exceptions. Jones v. Hwy Comm’n in 1977 abolished sovereign immunity, but the legislature responded with a statute that revived it 537.600. §537.600 State government is immune with three exceptions: Dangerous condition on public entity’s property, negligent, defective or dangerous designs of a road, although it’s hard to…
Awrongful death suit that was filed by the family of a killed highway worker is going to trial, and jury selections have begun. In May 2012, four highway workers were struck on Highway 64 in Illinois as they were working in the median. Kory Links, Adam Evans, Dennis Beard, and Brian Moore were repairing…
Res Ipsa Loquitur is latin for”the thing speaks for itself.” This legal theory is used when it is uncertain how an accident occurred, but the circumstance would not have occurred without negligence. To succeed on the basis of Res Ipsa Loquitur, the Plaintiff must prove: this type of accident generally does not occur without negligence, prove the defendant had control over the mechanism that caused the injury, and exc
To invoke the second injury fund the injured worker must have had a pre-existing Permanent Partial Disability. The second injury fund is governed by §287.220.1 RSMo. that provides the worker must have a serious injury that hinders or is an obstacle for employment and it must be one injury that causes these obstacles. Accordingly…
On Friday, two men were seriously injured in a building collapse at the 3900 block of West Pine in St. Louis, Missouri. The workplace accident happened when the men were in the process of going through bricks on the third floor of a building when a section of the building fell off, and sent the…
Two people are lucky to be alive after a head-oncrash with a semi in North Dakota. In addition, 25-year-old, Mitchell Radziej and 36-year-old, James Bagley were on their way to Valley City on Highway 52 when they collided with a semi. The crash happened when the two men were heading west in their vehicle,…
In the state of Missouri certain employers must carry Workers’ Compensation Insurance. Whether an employer is required to have insurance is a fact based determination. First every employer that has five or more employees must have workers’ compensation insurance. Secondly every employer that is in the construction industry is required to carry workers’ compensation…
If you have been injured at work and your corresponding treating doctor states that you are unable to work, then you may be entitled to TTD Payments. TTD payments, or known as temporary total disability benefits are benefits an injured worker will receive for their time off of work due to an injury. However,…
Morning sickness and the first trimester of pregnancy typically go hand in hand. Furthermore, many women would do most anything to stop the unpleasant side effects of morning sickness, yet would not take medication that would harm their child. Sadly, although the FDA has not approvedZofran for use in pregnant women, many women are…