Safety and Health Reporter

Car Accidents Alighting from Vehicle

Many people do not appreciate that car accidents involving alighting from a vehicle are frequently the fault of the person who is exiting the vehicle.  For instance imagine that you park on the right side of a one-way street.  Exiting from that vehicle on the driver’s side into a lane …

Construction Accidents-Rental Equipment

A recent article in the Trial Lawyers magazine reports of 3,945 workplace deaths in 2012, 20% of them were construction accidents.  The leading cause of such construction accident deaths are falls, being struck by objects, electrocution and finally being crushed between moving objects.
Construction Accidents-Rental Equipment
Much of the equipment used on …

Pediatric Heart Defects

A DC-Metro woman who is also a physician with the FDA gave birth to her third child in 2009; a seemingly healthy baby girl who nursed well and had gained weight before her very first pediatrician’s appointment.
When the baby was about 6 weeks old she began vomiting, had difficulty nursing …

Uterine Fibroids

Uterine fibroids are noncancerous tumors or growths in the muscles of the uterus.  These fibroids can get quite sizeable and as a result of their size cause heavy bleeding, urinary frequency, constipation, bloating, pain and interference with the ability to become pregnant or carry a pregnancy.
Uterine Fibroids-Unspoken Problem
The unspoken problem …

Eye Malpractice

Laser surgery has become popular in the last many years.  Most eye malpractice claims arise from this type of surgery.  
Eye Malpractice Caused by Laser Surgery
There are two main types of such surgery.  One type is the traditional Lasik surgery which involves cutting a flap on the surface of the cornea. …

Sovereign Immunity

Sovereign immunity is a difficult concept to comprehend in Virginia.  The cases from the Virginia Supreme Court appear to be inconsistent.
Sovereign Immunity-Ministerial and Discretionary
A recent trial court decision from the Chesapeake Circuit Court however somewhat clarifies the law.  The case involved a sheriff that was transporting prisoners in a motor …


A Washington Post article of December 24, 2013 addresses the issue of colonoscopy and how effective they are.  The evidence is fairly clear that they are highly effective in preventing colorectal cancer.  Colorectal cancer is the second deadliest type of cancer.  The colonoscopy allows a doctor to detect precancerous growths in the …

Proximate Causation

The concept of proximate causation is always a difficult one.  The word “proximate” literally means “near”.  It can be juxtaposed to the word “approximate” which literally means “not near”.  A near cause of any event is one that is a sufficient cause to actually cause the event.  
Proximate Causation-Sufficient Cause
In …

Chiropractic Malpractice

Although chiropractic malpractice may come in many forms, one of the more devastating forms arises from a manipulation called “cracking the neck”.  This cervical procedure involves a sharp manipulation to the neck.
Chiropractic Malpractice-Cervical Manipulations
Some patients have experienced immediate dizziness, blurred vision and a sense of the world going dark on …

Economic Loss Rule Virginia

The economic loss rule in its original form was designed to prevent a commercial buyer of defective goods from suing either in negligence or strict liability when the only injury consisted of damage to the goods themselves.  The rule attempts to preserve the distinction between contract and tort claims by …

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