News
[07/02]
NH city rallies around refugees to banish bedbugs
[07/02]
Parents of Oregon boy settle in surgery lawsuit
[07/02]
Highway deaths fall in 2009, lowest since '61
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Articles
Injury Due to Medical Malpractice
Health care workers, including doctors, nurses, other hospital staff members or other health care related professionals, must be held to an industry standard of care when administering treatments to patients. The industry standard has been established by what type or level of care other health care employees/professionals would provide a patient in similar or comparable conditions. If a health care employee does not meet the industry standard of care when administering, or failing to administer, treatment to a patient and the patient is injured as a result, medical malpractice may have occurred. If this is the case, the injured individual may have a legal claim for compensation for injuries suffered. It is important to note that not all injuries a patient may suffer are the result of medical negligence. Medical treatments often have risks involved and negative results may be unavoidable. To have a medical malpractice claim, the patient’s injury must be the result of the negligent action (or inaction) of a medical health care provider.
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I Have Been Hurt by Using a Defective Product, Who is Responsible for My Injuries?
There are many products on the market that we use today. Since the products are available to us, we assume that they have been tested, approved by the proper authorities and are safe. However, this is not always the case and injuries may occur. Products on the market that cause injuries may be found to be inherently unsafe and defective. A product may be defective in its design or in the way it was manufactured. The cause of the defect may determine the party responsible for any injuries you have suffered due to using the product. The liable parties will also depend on the type of product and the factual situation in which you were injured.
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Case Summaries
[07/02]
Hughes v. Pair
Court of Appeals judgment for defendant in a sexual harassment action is affirmed where: 1) plaintiff's factual allegations fail to establish the severe or pervasive conduct necessary to pursue a claim of hostile environment sexual harassment under Civil Code sec. 51.9, as the conduct was not so egregious as to alter the conditions of the underlying professional relationship and could not plausibly be construed by a reasonable trier of fact as a threat to commit a sexual assault on plaintiff; and 2) the court properly granted summary judgment on plaintiff's claim for intentional infliction of emotional distress as plaintiff failed to establish either extreme or outrageous conduct by defendant or that plaintiff suffered severe or extreme emotional distress.
[07/01]
Thomas v. Carnival Corp.
In a personal injury action involving a slip and fall aboard Defendant cruise line, the District Court's order granting Defendant's motion to compel arbitration is reversed where, under the parties' agreement, the dispute at issue must have some actual relation to the agreement to arbitrate, irrespective of what ship the claims originated from and when suit was brought.
[06/30]
Beninati v. Black Rock City, LLC
In a negligence action, trial court judgment is affirmed where the doctrine of primary assumption of risk applies to the activity engaged in by plaintiff at the Burning Man Festival, and thus defendant owed him no duty of care to prevent the injuries he incurred as a result.
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Hollis, Wright & Harrington, P.C., Attorneys at Law, located in Birmingham, Alabama, represent clients throughout Huntsville, Montgomery, Tuscaloosa, Florence, Gadsden, Mobile, Dothan, Auburn, Jefferson County, Madison County, Montgomery County, Tuscaloosa County, Shelby County, Talladega County, and surrounding communities, as well as in Mississippi, Georgia and Florida.
Hollis, Wright & Harrington, P.C., Attorneys at Law
Suite 1500 Financial Center
505 North 20th Street
Birmingham, Alabama 35203
Telephone: 205-324-3600
Facsimile: 205-324-3636
Toll-Free: 877-324-3636
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