Category Archives: Our Blog

Could a Defective Products Attorney Help You?

Everyone uses man-made products every day. At some point, you have probably used a product that has been defective. If you were injured or harmed by the product that incorrectly made, you may need a defective products attorney. You could be entitled to recover damages and out-of-pocket expenses you have paid or owe as a result of your injuries.

Three Categories of Defective Products: Failing to Adequately Label or Warn, Defective Manufacturing, or Defective Design

There are generally three categories to consider when determining who is at fault for injuries and damages related to a product. An experienced defective products attorney can help you sort through the legal details and give you options. As an overview, those categories include: failing to adequately label instructions or warnings, defective manufacturing, or defective design. Were the instructions unclear as to how to use the product? Were there any instructions on the product at all? Did you notice any warning labels? This may be a defect in labeling and/or warning.  A product that is defective by design would be a defect that is there in the product from the blueprint forward – before it’s sent out to the public or manufactured. It’s a fundamental, harmful flaw in the actual design of the product. Even if a product is designed well and is marketed correctly, the manufacturing of a product could be at fault. Maybe the manufacturer did not follow the design instructions exactly. Perhaps a manufacturer attempted to cut costs by replacing a piece of the item or eliminating the item altogether.

Product liability law generally protects someone who has been injured by a defective product in the above three categories. This is where a defective products attorney may come in handy to help you along with the process. A plaintiff could be entitled to receive compensation due to one of these issues by one or more parties involved in the process of putting the item on the market.

Proving Your Case

Proving who is at fault in a defective product, or product liability case, can be more complicated than proving just that you were injured because of an item. Just because the brakes go out on a car does not mean that they were defective. Having the product generally helps more than other evidence, but sometimes the evidence is destroyed and is unusable. Filing a lawsuit through a defective products attorney could help determine who is at fault in the defective product and protect other people who might fall victim to the same negligence. Defective Products attorneys can also preserve evidence that may be destroyed if you find an attorney quickly after an injury.

Unfortunately, not all products work the way they are intended to and this leads to severe and depilating injuries, and in some cases even death. Each case is different and each state has specific laws for defective products. Having a defective product attorney in your state who has knowledge regarding defective products and product liability could help in proving that a product was defective and determine who is at fault.

Contact an experienced Arlington Texas Slip and Fall Attorney for more information on how you can get the compensation you deserve.

Thanks to our friends and co-contributors from Brandy Austin Law Firm, PLLC for their added insight into defective products and product liability cases and injuries.

5 Common Causes of Truck Rollover Accidents

A rollover accident occurs when a vehicle’s wheels lose contact with the road and the vehicle tips over and can even continue to roll for multiple revolutions. Rollover accidents can happen to almost any type of vehicle, but when a large truck is involved in a rollover accident, the effects can be catastrophic for not only the truck driver, but other drivers near by.

Here are some of the more common reasons why rollover truck accidents occur:

  1. Steering abruptly to avoid a hazard: Experienced truck drivers are often very skilled when it comes to avoiding hazards or other accidents. In many cases, trucking accidents occur because other drivers on the road have made mistakes. Unfortunately, it’s not always possible for a large truck driver to avoid an accident at the last second. Quick steering motions could cause too much instability for the truck to remain firmly planted on the road.
  1. Speeding too quickly around a curve: When a rollover accident is the fault of the truck driver, the accident usually takes place on a curve and happens because of high speeds. Large trucks cannot navigate tight curves like other passenger vehicles can, and they cannot drive as quickly around curves. If a truck driver speeds too quickly around a tight curve, this increases the chance that the acceleration of the vehicle will cause it to lose balance.
  1. Road conditions: Slippery roads are dangerous for all vehicles, but with trucks, there is an increased possibility of a rollover. A wet road increases the likelihood of hydroplaning, which is what happens when a vehicle’s wheels lose contact with the road surface and slide across the water. When there is ice on the road, it’s possible for vehicles to lose traction very easily. When a truck encounters these road conditions, there is an increased chance that the vehicle will become so unstable that it tips over.
  1. Poor road planning: When a road is configured, designers are supposed to make sure that vehicles have enough time and space to brake or steer in the appropriate direction. If a road cannot be configured so that trucks can safely drive on it, this increases the chance that a large truck will experience a rollover. Insufficient road configuration is often seen on highway entrance or exit ramps, particularly when vehicles are required to change lanes quickly. Poor planning may also be the result of a hasty construction job.
  1. Improper cargo loading: Finally, it’s possible for a rollover accident to be caused by improper loading of cargo. If cargo is loaded carelessly and there is substantially more weight on one side of the truck — or if cargo has not been secured and is able to shift places while the vehicle is in motion — this is a big problem for trucks. Sudden changes in weight distribution can cause a truck to tip over, especially when driving around a curve.

Rollover accidents are not always preventable, but some of these common causes can be the result of a negligent party not taking the proper care to avoid an accident. If you’ve been involved in a rollover accident, it may prove important to discuss your situation with an experienced DC truck accident lawyer. They may be able to help determine if another party was acting negligently, and if you have the right to compensation. Contact an experienced lawyer today if you suspect you or a loved one was injured by someone else’s negligence in a truck rollover accident.

logo_cohenThanks to our friends and co-contributors from Cohen & Cohen, P.C. for their added insight into trucking/rollover accidents.

Defective Medical Device Update: Drug Delivery Malfunctions

Defective Medical Device

Defective medical device injuries are becoming more common in the United States, and one of the largest risks is posed by drug delivery machines.

These automated medication delivery systems are typically used to provide pain medication, nutrients and other fluids at regular time intervals. They save lives and are successfully used to treat many patients, but they are not without risk. Defective pumps can lead to serious injury or harm to patients, and in some cases, can even death.

What Is a Drug Delivery Device?

A drug delivery device, or drug infusion pump, is an electronic or mechanical system that intravenously infuses fluids into a patient’s circulatory system. Drug pumps deliver controlled amounts of fluids, such as medication, hormones or insulin, at regulated time intervals.

These devices, which are used in hospitals and at home, may be external or surgically implanted into the patient. Infusion pumps are frequently used to administer pain medication, but they are also commonly used with many other health situations and conditions as well. High-risk patients often require intravenous delivery of critical fluids and nutrients, for instance, and many who are hospitalized need antibiotics.

Drug pumps are also routinely employed to provide medication to cancer patients and those with diabetes or certain nerve conditions.

Risks of Drug Infusion Pumps

With any type of mechanical or electronic medical device comes the risk of malfunction. Drug pumps sometimes fail due to a problem with the software, such as a glitch that misinterprets the inputted infusion rate and consequently delivers an incorrect dosage. Broken components or mechanical or battery failure account for some infusion pump malfunctions, including sparks, shocks or even fire.

Infusion pumps may also have user interface design issues, such as false or nuisance alarm functions or unclear and confusing error codes or instructions, which can cause medical staff or patients to miss problems or respond too late.

Liability for Drug Delivery Device Failure

Medical devices sold on the U.S. market are extensively tested before the Food and Drug Administration grants approval; however, device manufacturers are ultimately responsible for ensuring that their products are safe.

Most lawsuits involving drug pump failure are product liability claims. Infusion pump manufacturers can be held legally responsible for injuries or deaths that result from a device that fails due to a design or a manufacturing defect. In some defective product liability claims, inadequate instructions, inaccurate product usage recommendations or improper warnings for usage can put the device manufacturer at fault for defective marketing.

Obtaining legal compensation for injuries or death caused by a drug pump malfunction can be a complicated process. If you or a loved one has suffered harm due to a drug delivery device failure, contact the experienced professionals at Rasmussen and Miner in Salt Lake City. We can assist you in any type of medical malpractice situation and help guide you through the complex legal process. Contact us today to discuss your defective medical device case.

Are You a Victim of Medical Negligence?

Medical Negligence

The legal implications of medical negligence are important to understand if you or someone you love has been injured or killed by a medical professional’s carelessness.

With medical malpractice cases, it isn’t enough to prove that a doctor or other health care professional made a mistake; you must also prove negligence. Also referred to as breach of duty, establishing negligence for a lawsuit involves showing that a doctor, nurse or other medical professional failed to abide by an accepted standard of care. Most malpractice cases hinge on proving medical negligence to the court.

What Is the Accepted Standard of Care in a Malpractice Lawsuit?

Negligence and breach of duty for a malpractice claim are established by measuring the actions or inactions of the health care professional against generally established medical standards of care.

These standards are generally defined as the accepted method or methods of treatment used by other competent and skilled professionals in the same community who have comparable backgrounds. In other words, a breach of duty can be proven in a malpractice lawsuit by showing that similarly trained health care professionals would have made different decisions under the same or similar circumstances.

How Is the Standard of Care Determined for a Legal Claim?

The medical standard of care for a malpractice case is established by examining the actions or inactions of the accused and comparing them to those of other area medical professionals with comparable qualifications. Locality is a big consideration in determining the medical standard, as doctors are generally required to possess the same caliber of skill and level of knowledge as other practitioners in the same geographic region.

Establishing the medical standard also involves comparing treatment and care for patients under similar circumstances. It is accepted that the standard can change, depending on the patient’s age and health issues. For example, the recommended treatment for a retired smoker with frequent asthma attacks may greatly differ from the care advised for a teenage athlete with infrequent asthmatic issues.

How Can Medical Negligence Be Proven for a Malpractice Claim?

With most medical malpractice lawsuits, expert witness testimony is necessary to demonstrate the standard of care. Qualified doctors or health care professionals must testify regarding the actions a reasonably skilled doctor would have taken in the same situation and how the accused’s deviation from that standard caused harm.

A skilled attorney will guide the expert witnesses through testimony to clearly show that the accused failed to provide appropriate care and that negligence occurred.

The medical standard of care in a malpractice case can be challenging to interpret and complicated to prove. If you have questions about a potential malpractice claim, contact the professional attorneys at Rasmussen and Miner in Salt Lake City. Our compassionate legal team is highly experienced in malpractice and negligence lawsuits, and we will fight to obtain the appropriate compensation for your injury. Call to schedule your free consultation today to discuss any medical negligence matters.

Utah Medical Malpractice Statutes of Limitation

Statute of Limitations

Utah medical malpractice cases hinge on your ability to prove that negligence occurred in your case. It is necessary to establish that the actions or inactions of a doctor or other health care professional caused you injury or harm.

Before filing a lawsuit, however, you must be aware of the statute of limitations for a malpractice claim. If you wait too long to file your claim, you may find that you no longer have any right to seek damages.

What Are Statutes of Limitation?

The statutes of limitation are laws that mandate time limits for filing legal claims. Basically, these laws set the parameters for how long people have to bring charges or file certain types of legal action. If the deadline passes, the defendant can ask the court to dismiss the case, and the plaintiff loses the opportunity to pursue legal action in the future.

Statutory time limit laws vary from state to state and by cause of action. The deadlines for medical malpractice claims, for example, differ from the time limitations for personal injury or property damage lawsuits.

Statutes of Limitation for Utah Malpractice Claims

Utah medical malpractice lawsuits, just like all other types of legal claims, are subject to strict filing deadlines. In this state, the deadline for bringing legal action against a health care provider is two years from the date of the negligent medical act.

In some cases, however, discovery of damage from medical negligence is not immediate. For these malpractice claims, the statutory time limit for filing claims is two years from when the injury was, or should have been, discovered. With delayed discovery cases, the maximum time limit for filing a claim is four years from the date of the negligent medical act that caused the injury. Unlike the laws in some states, the time limitations for malpractice claims in Utah also apply to cases involving minors.

Statutes of Limitation for Foreign Body Claims

Some medical negligence cases are based on a foreign object — such as a sponge, needle, surgical tool or gauze pad — left in the body after surgery. The statute of limitations in Utah for this type of legal claim is a bit different than the time limits for other malpractice lawsuits. For these cases, a legal suit must be filed within one year of the insertion of the foreign object or within two years from when the object was, or should have been, discovered. As with other Utah malpractice cases, these deadlines apply to everyone, including minors.

If you are considering bringing legal action against a health care professional for medical negligence, an experienced attorney can help you determine if your case falls within the statute of limitations, or if any special circumstances could affect those time constraints. Contact the experienced attorneys at Rasmussen and Miner in Salt Lake City to schedule a consultation. We can help you through the process and assist you with every aspect of your medical malpractice claim.

Hip Replacement Device Failure FAQs

Hip Replacement

Hip replacement surgery has relieved pain and improved range of motion and mobility for millions of people. Yet recently it has come to light that a great number of replacement devices carry a significant risk of failure. Metal-on-metal hip devices have been found to cause incapacitating and life-threatening damage and injuries. Read on to find out what you need to know if you or a loved one has an all-metal hip replacement device.

What Are the Problems?

Metal implants were developed to be more durable and to provide a greater range of motion than other hip replacements, especially those made from a combination of ceramic, plastic and metal. These devices often begin showing signs of weakness within just a few years.

Worse than device failure, however, are the potential complications involved. When an all-metal implant begins to deteriorate, friction between the ball and socket components causes the metal to shred, allowing dangerously high levels of toxins to seep into the bloodstream. Metal poisoning, or metallosis, from a hip implant can destroy bone and muscle and cause serious or even fatal damage to the lymph nodes, liver, kidney and spleen.

What Are the Symptoms?

People who have metal-on-metal implants should be aware of signs that may indicate device failure. Symptoms can vary among patients, but often include regular or prolonged pain in the hip, groin or leg, and swelling at or near the hip joint. Many people also experience a loss of mobility, causing a limp or change in gait.

Some all-metal hip replacement failures cause a grinding or clunking in the joint as well. Complications from these devices lead people to require revision surgery to implant a new device.

What Are the Legal Options?

The FDA has issued a directive ordering manufacturers of metal-on-metal hip replacements to undertake studies on device failure. This has led several manufacturers to issue recalls and even take their products off of the market.

Many hip replacement lawsuits have been settled already, providing significant compensation to injured patients for medical expenses and job-related losses. If your implant has failed, you may be eligible for compensation under one of these settlements. An experienced attorney can evaluate your claim and advise you of your rights, so that you can understand the potential value of your case.

If you are concerned about a metal-on-metal hip implant, speak to an experienced medical malpractice attorney as soon as possible. For more information, contact the experienced attorneys at Rasmussen and Miner in Salt Lake City for a free consultation. We specialize in battling medical malpractice and negligence, and we will assist you in learning more about the risks and likelihood of hip replacement failure.

Malpractice and Hospital Equipment-Related Injuries

Hospital Equipment Malpractice

Many patients suffer malpractice injuries as the result of equipment malfunction in a hospital setting. The advanced technology used for patient care today is a godsend when it works correctly. When it doesn’t, patients are at risk of injury or even death. Defects in medical equipment are responsible for thousands of catastrophic injuries and deaths each year across the country. When this type of injury or death occurs, a medical malpractice lawsuit can ensure that the responsible parties are held accountable.

Hospital Equipment Maintenance

Every piece of technological equipment in a hospital, from the mechanical beds to the MRI and anesthesia machines, can fail if it is not properly used and maintained. Regular operational checks are essential, as a defective device could harm or kill a patient. For example, a faulty IV pump could deliver an overdose of medication. A malfunctioning heart monitor could miss a potentially life-threatening heart arrhythmia. Proper equipment maintenance also includes performing routine safety inspections and changing batteries as needed. When this maintenance is not adequately performed, serious malpractice injuries can result.

Monitoring to Avoid Equipment-Related Injury

Medical professionals rely on hospital equipment to diagnose and treat many health conditions, but they are sometimes overly dependent on this technology. Nurses and other staff may get busy and fail to physically check patients, choosing instead to rely on the data produced by mechanical devices. Machinery in the hospital can be effectively employed to assess a patient’s condition, but if the technology is used alone, without the support of visual and physical checks of the patient, the likelihood of error increases. Even with properly functioning equipment, serious harm can occur if the medical staff fails to adequately monitor the patient themselves.

Liability for Injuries Due to Hospital Equipment

Many types of hospital personnel are responsible for patient care and medical device usage. Doctors, nurses or other trained professionals may be responsible for injuries related to improper equipment usage or inadequate maintenance. The hospital may be liable for patient injuries if it can be proven that machinery repair or replacement was delayed for any reason. If the equipment has a defect, the manufacturer may also be held responsible for any injuries that resulted from its use. Any or all of these parties may be named — and found liable — in a malpractice lawsuit.

Hospitals and medical professionals have a responsibility to provide safe care to patients in all cases, and this includes the proper usage and maintenance of technological and mechanical equipment. If you or a loved one has suffered an injury of this nature, seek the counsel of an experienced attorney. In northern Utah, contact Rasmussen and Miner to discuss any potential malpractice injuries.

Negligent Prenatal Care Risks

Negligent Prenatal Care

Women who experience negligent prenatal care are significantly more likely to suffer serious complications, potentially resulting in injuries or even death to the mother, her baby or both. Pregnancy is stressful enough, and no woman should have to worry that her obstetrician or other medical professionals may provide inadequate or negligent care. Unfortunately, the frequency of such incidents is on the rise, thanks in part to shrinking insurance benefits and overworked doctors and nurses. Negligence resulting in health problems for the mother or the baby may be grounds for a malpractice claim against those responsible for the mother’s prenatal care.

Effective Prenatal Care Treatment

Proper prenatal care typically involves an obstetrics team, including doctors, nurses, ultrasound technicians, and in some cases, medical specialists. This team is responsible for the early detection and appropriate management of any risks to the health of mother and baby. Regular checkups, bloodwork, routine tests and ultrasounds are key to identifying potential risks. Proper follow-up and treatment for any identified pregnancy conditions and complications can help to prevent critical health problems from developing.

Risks to Mother’s Health

Negligence is often the reason that medical professionals miss critical health factors and symptoms that can place a pregnant woman at higher risk for complications. An undetected ectopic pregnancy, for example, can cause life-threatening blood loss. Or doctors may neglect to recognize and treat hypertension or gestational diabetes, which can lead to preeclampsia or other severe medical problems for the mother. Dangerous health conditions may also develop if medical professionals fail to properly diagnose and treat infections during the pregnancy. Negligent care that leaves the mother with long-term or even irreversible health issues may be justification for a medical malpractice claim.

Risks to Baby’s Health

The actions or inactions of the obstetrical team directly affect the fetal development and health of the baby. A folic acid deficiency can cause spina bifida, for instance, and nutritional deficiencies or infections can lead to other significant lifelong health issues for the baby. Poor prenatal treatment may also result in premature birth, fetal stroke or brain disorders like cerebral palsy. A failure to notice or address fetal distress can, in some cases, lead to the wrongful death of the baby.

Every pregnant woman deserves quality medical care for both herself and her baby. Unfortunately, some women end up facing the consequences of negligent medical treatment. When preventable pregnancy complications cause adverse health effects or infant death, a medical malpractice claim may be appropriate. If you or your baby has suffered a serious medical problem, contact the experienced professionals at Rasmussen and Miner to explore your options in response to negligent prenatal care.

Utah Malpractice Cases Tied to Documentation Errors

Documentation Errors

An alarmingly high number of Utah malpractice cases have been linked to documentation errors in the medical setting. Mistakes in the diagnosis or treatment of medical conditions may be the ultimate outcome of this poor documentation and recordkeeping. Whether documentation is incomplete, inaccurate or illegible, mistakes or negligence in patients’ medical charts can lead to adverse health consequences and even death. Any form of charting error, if it results in harm to the patient, may provide a strong basis to pursue a medical malpractice claim.

Inadequate Documentation

The rule of thumb regarding medical documentation says that if something isn’t noted in the patient’s record, it didn’t happen. Yet doctors and other health care professionals often fail to chart all important information. They may neglect to take a complete medical history, leaving out past illnesses or drug allergies that could affect the diagnosis or treatment of a health condition.

Medical professionals may also fail to fully detail a patient’s course of treatment or to note what was discussed during a patient visit. Documentation errors in some cases have been reported to involve an inaccurate or improper transcription of a doctor’s audio recorded notes for the chart. When information is left out of a patient’s official medical record, the omission can directly affect the outcome of treatment.

Electronic Charting Problems

Most healthcare facilities now document patient information electronically, through the use of e-charting tools. While this may help avoid documentation errors related to illegibility, it may lead to other issues. Many electronic chart applications utilize templates that automatically populate default information into a patient’s record. This may be convenient; however, it sometimes leads to inaccuracies in the medical record, particularly if medical professionals fail to correct any errors in the pre-filled data. In some cases, electronic charts reflect the fact that doctors often copy and paste medical records without taking care to update the patient information.

Errors in Medication Documentation

Medication errors harm millions of people across the country every year, and they are responsible for a significant number of malpractice lawsuits. Improperly documenting a patient’s medication can lead to the patient getting the wrong medication or the wrong dosage. Medical professionals in the hospital setting sometimes fail to record that a drug has been administered, which can lead to a toxic overdose when the patient receives the medication a second time.

In today’s medical setting, patients are typically handled by a team of professionals, including physicians, nurses and technicians. Accuracy in medical records is essential to provide a proper standard of care for patients. If you or a loved one has been adversely affected by errors in medical documentation, schedule a consultation with the professional attorneys at Rasmussen and Miner to discuss your Utah malpractice claim.

Death or Injury from Pacemakers and Defibrillators on the Rise


Hundreds of thousands of people suffer death or injury from the very pacemakers or defibrillators intended to save their lives. In fact, the U.S. Food and Drug Administration issues an increasing number of alerts, advisories and recalls of these devices each year. Read on to find out more about problems with mechanical heart devices.

Pacemakers and Heart Problems

Pacemakers are routinely implanted in patients who have bradycardia, or a slow heart rate. These devices monitor the heart and use electrical impulses to keep it at a safe rhythm. When pacemakers are functioning properly, they help to alleviate the fatigue, dizziness and fainting that are symptomatic of a slow heart rate. Patients can be alerted to possible problems with their pacemakers when the symptoms of bradycardia return. Sometimes, however, it can be difficult to diagnose device malfunction, as some symptoms may be subtle or absent. And when equipment failures go unnoticed, serious health issues, injury or even death can be the unfortunate result.

Issues with Defibrillators

Like pacemakers, implantable cardioverter defibrillators (ICDs) are surgically implanted in patients with irregular heart rhythms. Defibrillators, however, are used to treat abnormally fast heart rates (tachycardia) and prevent cardiac arrest. These mechanical aids deliver a shock to the heart when a dangerous rhythm is detected. Death or injury from malfunctioning defibrillators is even more common than from pacemakers. A faulty ICD can cause the heart to contract poorly, delivering painful shocks and preventing blood from getting to the brain and other vital organs. Health can quickly deteriorate when a defibrillator fails, and death can result in a matter of minutes.

Legal Recourse for Injury from Pacemakers and Defibrillators

Pacemakers and ICDs are intended to be life-saving, not life-threatening. But every year an increasing number of personal injury and wrongful death lawsuits are filed as a result of malfunctions. Those who experience injury, and the families of those whose devices caused their deaths, may be able to obtain legal compensation. Medical device manufacturers may be held liable for harm defective products cause. Lawsuits are brought against companies for product design flaws or negligence in product labeling or instructions. Companies may also be held liable for errors that occur during the manufacturing process.

If you or a loved one has been harmed by medical equipment failure, you may be entitled to compensation for rehabilitation and other medical expenses. The courts may also award damages for pain and suffering or wrongful death. Contact the experienced attorneys at Rasmussen and Miner in Salt Lake City to schedule a consultation. They can assist you in making your case and obtaining justice for injury caused by pacemakers or other medical devices.