There are several factors, which could determine the value of the punitive damages that should be awarded in a personal injury or wrongful death case. The punitive damages, in the first place, must be commensurate with the wrongdoing that was done and the defendant’s ability to pay. For example, if a defendant proves to the court that the punitive damages would bankrupt the company, then, the court might reduce the damages.

Punitive damages are meant to be a deterrent, not a means to bankrupt a business. In most cases, courts will compare the award to other punitive damages in similar cases. The punitive damages should bear a reasonable relationship with the compensatory or actual damages awarded in the case. For example, the punitive damages could be twice or thrice the actual damages awarded in a particular case.

In order to seek punitive damages, a plaintiff must show that the deliberate or malicious action on the part of the defendant caused the serious injuries or fatalities. An experienced New Jersey personal injury lawyer can help injured victims present a strong case and help them secure maximum compensation for their injuries, damages and losses.

However, in real life, one of the most dramatic and intense parts of surgery are not the parts replaced or taken out…it’s the forgotten parts left in by accident.

One in every 5,000 surgical patients has some sort of surgical object accidentally left inside them after the surgery is over. Sponges make up to 40% of all retained objects. Estimates suggest that 54% of sponges are left in the abdomen, 22% in the vagina and 7% in the thorax.

That’s just a touch of the amazing statistics the Davis Law Group in Seattle is writing about. Granted, any surgery can be very, very complex and complicated. Precision and detail is key. There is no margin for error. Items such as sponges, clamps, forceps, scalpels and other surgical tools are typically counted and recounted before and after a surgical procedure to make sure that nothing is left behind. But surgical tools are left behind in patients every day leaving patients to face additional operations to remove the abandoned equipment. Sometimes the mistake is not discovered for years and causes numerous other medical complications or death.

We at the American Lawyer Academy are always impressed with those who specialize in areas of law and consumer protection that others would never consider. It takes an expert as good as a great surgeon to master the minute and complex aspects of law regarding the medical profession. Recent articles on what we call “Surgical Souvenirs”, foreign items left in the body after an operation are just one impressive aspect of the Davis Law Group in Seattle. Chris and Mischelle Davis are a nationally renowned and innovative couple who constantly push the leading edge in this important area of law.

We always look forward to their informative and (pun intended) cutting edge work and writings on medicine. American Lawyer Academy considers itself very honored and privileged to have a close business and personal association with the Davis Law Group.

Retained Surgical Items: Surgical Tools & Sponges Left in the Body after an Operation

Serious Medical Complications From Retained Surgical Items That Have Been Left Behind

Typically sick or injured people don’t even consider the possibility that the educated and experienced surgeon they have chosen to help them get well might make such a simple error such as forgetting to remove a surgical instrument (leaving something inside the body at the conclusion of surgery). Unfortunately, surgical items get left behind far more frequently than people realize. Within the medical industry these cases are referred to as Retained Surgical Items (RSI).

Surgery can be very, very complicated. Precision is key. There is no margin for error. Items such as sponges, clamps, forceps, scalpels and other surgical tools are typically counted and recounted before and after a surgical procedure to make sure that nothing is left behind. But surgical tools are left behind in patients every day leaving patients to face additional operations to remove the abandoned equipment. Sometimes the mistake is not discovered for years and causes numerous other medical complications or death.

Medical professionals are more likely to notice a missing scalpel or. Soft materials such as gauze and sponges are very difficult to detect once they are soaked with blood and they can pose larger threat because they can fester inside a body causing serious infections.

Retained Foreign Objects: Devices Left After Surgery Statistics
One in every 5,000 surgical patients has a surgical object accidentally left inside them after the surgery is over. Sponges make up to 40% of all retained objects. Estimates suggest that 54% of sponges are left in the abdomen, 22% in the vagina and 7% in the thorax.

Forgotten Surgical Tools Attorney

Victims of surgical mistakes such as these have a solid case of medical malpractice. Injuries and death due to surgical instruments left in the body do happen in Western Washington hospitals. Surprisingly these cases are not generally reported in the media. And studies have shown that hospital administrators under-report such incidents. Davis Law Group frequently receives calls from people who have been the victims of surgical mistakes at top notch hospitals such as Swedish Hospital, Virginia Mason and Seattle Children’s Hospital.

“Make a career of humanity. Commit yourself to the noble struggle for human rights. You will make a greater person of yourself, a greater nation of your country and a finer world to live in.”

-Dr. Martin Luther King, Jr.

Take a look at their picture and you will notice something right away. Yes, most would notice they are not black. Those people miss the whole point. What you see are people who follow the teachings of Dr. King whose point was to judge people on the quality of their character, not the color of skin.

The Davis’ are currently involved in something marvelous. They are taking their website and, instead of the usual law firm practice of touting the latest legal triumphs, they are trumpeting the triumphs of noted, upstanding, peerless black attorneys from across the nation in honor of Black History Month. Some are living, some have passed. Some are local in Seattle, some hail from elsewhere…but all are individuals of quality who should be hailed and honored.

Such innovation and insight is the hallmark of not only great professional people, but of truly wonderful human beings. Some of their heartfelt stories in honor of black history month include:

• Attorney Eric Holder
• Attorney Willie E. Gary
• Attorney Percy Sutton
• Attorney Percy Sutton

To take some words from their website (and they honored Dr. King by being closed on his holiday):

Dr. Martin Luther King Jr. once said, “Life’s most persistent and urgent question is: ‘What are you doing for others?’”

Chris, his family and the Davis Law Group staff wish to encourage their friends, family, clients and business associates to take pause today to remember Dr. King, his mission and his legacy.  And to look for opportunities in their own community to personally support change and make Dr. King’s dream a reality.

Just as the Davis Law Group honors an American hero and icon, we at American Lawyer Academy, wish to honor our colleagues Chris and Mischelle Davis.

Most recently, Mr. Wallin launched OC DUI Checkpoints. The website provides visitors with up-to-date information about current California DUI laws and checkpoint locations in Orange County, California. In addition to providing information about past and future sobriety checkpoint information, the Orange County DUI Checkpoint site informs the public about what to expect at an Orange County Checkpoint and provides tips for avoiding an OC DUI.

The information is compiled so that drivers can make an informed decision before getting behind the wheel after drinking. Mr. Wallin also uses Twitter to share the times and locations of DUI checkpoints throughout California.

To keep his clients and the general public up to date on DUI laws in California, Mr. Wallin also publishes the CaliforniaDUIBlog.com and California DUI Guide.

If you or someone you know has been arrested for suspicion of DUI in California, you will need an experienced DUI attorney. Contact Mr. Wallin for a free consultation.

Mr. Wallin addresses many misunderstandings about California DUI laws in his comprehensive California DUI Guide. Specifically, Mr. Wallin provides information about the following intricacies of the California DUI law.

What to Do During a Police Stop: Many drivers are unsure of their rights during a police stop. Many drivers do not know that a suspected California drunk driver is only required to provide the officer with his name, date of birth, address, car registration, insurance, and driver’s license. The driver does not have to answer any questions about whether or not he has been drinking or submit to a field sobriety test. In fact, if the driver suspects that answering the officer’s questions or performing a field sobriety test may incriminate him, he should politely decline to do so.

Laws Regarding DUI Checkpoints: Most California drivers are not aware that there are strict guidelines that must be followed by the police when conducting sobriety checkpoints. Many drivers are shocked to learn that the police must provide advance notice to the public of the sobriety checkpoint (although, they are not required to provide notice of the exact location). This advance notice serves to establish legitimacy for the roadblock and helps to reduce the intrusiveness of the stop.

The California DMV Process: Many drivers arrested for suspicion of California DUI are not aware that there are two distinct hearings following an arrest. While most are aware that will likely face a criminal hearing, many are unaware about the role of the Department of Motor Vehicles in the suspension of their license. Most importantly, many drivers are unaware that if they fail to request a DMV hearing regarding their license suspension within 10 days of their arrest, their license will automatically be suspended 30 days later.

If you or someone you know has been arrested for suspicion of DUI in California, you will need an experienced DUI attorney. Contact Mr. Wallin for a free consultation.