South Carolina Personal Injury Law Blog

Ruling reverses decades-old medical malpractice limitation

Published on: November 26, 2014 | by Patrick E. Knie

No one who goes on a cruise really expects that they will get sick or injured on the journey. Still, it is nice to know that cruise ships have doctors and nurses on board who can treat illnesses or injuries that do occur. Until recently, those doctors and nurses effectively operated independently because of a ruling almost 30 years ago that gave immunity to the cruise lines in the event of medical malpractice aboard a ship.

In a ruling that came from the United States 11th Circuit Court of Appeals, that immunity has been reversed. In that ruling, the court said that the 1988 decision was outdated, partly because of the considerable updates and advances in technology. The judge who made the recent ruling noted that the medical facilities on cruise ships are for-profit operations. These facilities on the ship are usually the only option that passengers have when they need medical care.

GHSA report shows bicycle accidents on the rise in the nation

Published on: November 11, 2014 | by Patrick E. Knie

Unlike our neighbors in states just to our west and north, South Carolinians can enjoy bike riding year round because of our mild temperatures and typically snowless winter months. Unfortunately, this also means that a rider is at risk of getting into a bicycle accident year round as well.

It’s because of this fact that the number of bicycle accidents that occur each year in our state is typically higher when compared to other states where residents cannot bike year round. But according to a report recently released by the Governors Highway Safety Association, these higher numbers could be a result of something else as well.

How do you know if you need a lawyer after a crash?

Published on: October 31, 2014 | by Patrick E. Knie

The question we pose in this week’s post title is one that is commonly asked here in South Carolina as well as other states across the nation. That’s because even though just about everyone knows that they can seek compensation after an accident, those same people also often have concerns about whether they should or not.

Those who never receive an answer to this question typically don’t file a claim for compensation, thereby missing out on funds that could have been incredibly beneficial to them. So how does someone know if they need a lawyer or not? By asking yourself some of the questions below, you might find the information you need to answer this bigger question for yourself.

Could artificial turf be presenting athletes with a cancer risk?

Published on: October 14, 2014 | by Patrick E. Knie

Thanks to teams like the Seattle Sounders, the LA Galaxy and the New York Red Bulls, major league soccer is growing in popularity across the nation, which means, in many states, a need for new stadiums. But in some states, the weather doesn’t always permit a full open-air concept, meaning some stadiums must remain closed off from the elements, utilizing artificial turf instead of natural grass.

If you’ve been on or seen an artificial turf surface, you may have noticed what looks to be little black dots. In many cases, these are ground up recycled tires used to create a bouncier surface that is supposed to be safer for athletes. Or at least so we’re told.

Some doctors ignoring FDA warning about unsafe medical tool

Published on: October 1, 2014 | by Patrick E. Knie

If you found out that your doctor was using a common medical device that could spread an undetected disease within your body, would you want them to continue using it? If you’re like a majority of our readers here in South Carolina, the answer to this question is a simple and resounding one: no.

Unfortunately, for months now, doctors across the nation have continued to use a gynecological tool that the U.S. Food and Drug Administration believes spreads undetected cancer cells in female patients. Despite the agency’s concern for patient safety, many doctors believe that the warning to stop using the device is unwarranted and that the government “shouldn’t [be allowed to] interfere with patient treatment.”

Infection outbreak at Greenville hospital may lead to litigation

Published on: September 17, 2014 | by Patrick E. Knie

Most people have very high standards when it comes to the care they receive at a hospital. There is an expectation that all medical professionals will provide the best possible care they can and that the hospital is abiding by all industry best practices.

But it’s these same expectations that can lead to shock and concern, especially following a medical mistake. After witnessing such negligence, most people find that their trust in the hospital and its staff has been broken, which leaves victims with a number of questions such as “how is this mistake going to be remedied?” and “am I able to seek compensation?”

Determining if negligence contributed to a car accident

Published on: September 10, 2014 | by Patrick E. Knie

Imagine you are driving home from work or picking the kids up from school. You are focused on the road and obeying traffic laws when suddenly, another vehicle smashes into your car. In the blink of an eye, you might go from running errands to being rushed to the hospital in an ambulance.

Sadly, many of these types of accidents could have been prevented. The fact is that negligence is often the cause of a serious crash. If this is the case, there could be grounds for a victim to file a lawsuit and pursue compensation. In this post, we will explore some of the elements of a negligence case.

5 jobsite dangers construction workers should know

Published on: August 21, 2014 | by Patrick E. Knie

Construction is often considered as one of the most dangerous lines of work. That’s because, according to the Occupational Safety and Health Administration, the fatal injury rate for construction workers is higher than the national average across all industries. And with an estimated 252,000 construction sites across the nation, it’s not difficult to see why the rate is so high.

That’s why we wanted to highlight a few construction site dangers for our readers in this week’s blog post. The hope is that it will give you a better understanding of the dangers present in your work environment and help you avoid a potential workplace accident later on.

Trial for death of South Carolina mayor set for August

Published on: August 1, 2014 | by Patrick E. Knie

A lawsuit against the Town of Cottageville involving the shooting death of a former mayor is scheduled to be begin in federal court on August 11. According to reports, the children of the former mayor of Cottageville initially filed the suit in 2012 against the town, the police department and a former police officer in response to the mayor’s shooting death by the officer, then with the Cottageville Police Department, in May 2011.

The suit alleges that the officer shot the former mayor in the chest during a confrontation and subsequent struggle, and it claims negligence on the part of the town and department in hiring the officer in 2008. The officer, who reportedly no longer works for the CPD, is accused of targeting the former mayor, behavior that ultimately led to the shooting.

Fatal accident also injures South Carolina police officer

Published on: July 21, 2014 | by Patrick E. Knie

On July 6, a Dillon city police officer was driving his patrol car in Little Rock on Highway 9 en route to provide backup for a deputy with the Dillon County Sheriff’s Department. At the intersection of Harlees Bridge Road and Highway 9, a Mitsubishi sedan crashed into the patrol car, which then caught fire.

The accident occurred just two minutes after the officer received the call for backup from the Dillon County 911 Communications Center. The call came in at 2:13 a.m. regarding a fight in progress at a local nightclub, and the crash was at 2:15 a.m., according to dispatchers.