Categories
Personal Injury Attorney TBI

Golf Cart Injuries on the Rise

Golf Injuries on the Rise
A man driving a golf cart in the middle of traffic

Golf Cart Injuries Have Increased

Golf cart injuries have increased over the last fourteen years due to the increased use of golf carts, their increased power and speed, their design, and little regulation. “The zippy means of transportation – no longer limited to golf courses – carries “considerable risk of injury and morbidity” to drivers and passengers of all ages…” (SafetyandHealthMagazine.com)

When Was the Golf Cart Invented?

The golf cart was invented in 1932 “to afford unwell, older, or handicapped golfers the ability to travel the course while simultaneously reducing the burden of carrying equipment and to speed progression of play.” (ScienceDirect.com)

Today, golf carts are a popular mode of transportation off the golf course as well, especially in retirement communities, beach communities, college campuses and residential neighborhoods.

Injury Statistics

In a National Electronic Injury Surveillance System (NIESS) study, spanning the years 2007 to 2017, over 156,000 people were treated in emergency rooms in the United States due to golf cart-related injuries. Over that 11-year period, “the number of golf cart-related injuries increased by approximately 14.7%…from an estimated 14,599 cases…in 2007, to an estimated 16,752 cases…in 2017…” (ScienceDirect.com)

Golf Cart Death Statistics in South Carolina

In the Palmetto State, in just the last few years, there have been several golf cart deaths:

  • 2017, a man fell out of a golf cart on Folly Beach, hit his head on the pavement, and died.
  • 2019, a Greenville County woman crashed a golf cart, resulting in a heart attack and death.
  • July of 2020, Melanie Popjes was a passenger in a golf cart on Fripp Island. She was holding her infant daughter in her lap. Popjes fell off the golf cart, with the baby cradled in her arms. The infant was safe, because Mrs. Popjes had prevented her daughter from hitting the pavement. Unfortunately, Mrs. Popjes lost her life.

Melanie Popjes mother, Dian McDermott, is calling for stricter enforcement of current golf cart regulations, and for further regulation, including a seat belt requirement and a requirement for car seats for children under a certain age and weight. (PostandCourier.com)

Golf Cart Regulations in South Carolina

Do you know the current golf cart regulations in South Carolina?

To read the regulations, see Section 56-2-105 of the South Carolina Code of Laws (Golf cart permit and the operation of a golf cart).

“Despite the high rate of injuries, there have been no meaningful changes in golf cart design or legislation to reduce the overall burden of these injuries.” (ScienceDirect.com) So, for now it’s left up to us, golf-cart drivers and passengers, to keep ourselves and others safe.

Safety Tips

These Golf Cart Safety Tips can help:

  • Keep arms and legs in vehicle at all times.
  • Always use seat belts. If not installed, have them installed.
  • Abide by all normal traffic rules.
  • Do not drive when under the influence of drugs or alcohol.
  • Know and use hand signals.
  • Drive defensively.
  • Do not drive in extreme weather.
  • Perform safety checks at least twice a year. Golf carts need maintenance just like your car or truck.
  • Have headlights and taillights installed.
  • Don’t let inexperienced drivers drive.
  • Avoid carrying too much weight. Carry only the number of people the golf cart is designed to seat.
  • Check your surroundings, being aware of blind spots.
  • Yield to pedestrians.
  • Avoid driving on bumpy or uneven terrains.

(GolfCarts.org)

For more golf cart safety tips:

The Law Offices of David L. Hood – Golf Cart Accident Lawyer in South Carolina

If you or a loved one has been injured in a golf cart-related accident due to someone else’s negligence, let the legal team at The Law Offices of David L. Hood help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after a catastrophic injury. After gathering all the necessary information, we will pour our efforts into building your case to get a fair settlement or take it to trial.

Our team and co-counsel has years of experience representing accident victims and their families throughout South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case, where you don’t pay unless we get a recovery in your case.

You can find our contact information on the page here and schedule your free consultation session.

Other online resources used in writing this article:

https://www.postandcourier.com/columnists/parenting-has-golf-carting-with-kids-gotten-out-of-hand-in-charleston-and-mount-pleasant/article_18b8baba-e5d4-11e9-8020-8b8db111b19e.html

Categories
Medical Malpractice Lawyer

Rampant Medical Neglect in South Carolina Prisons

The South Carolina Constitution requires that “the state must provide for the health and welfare of all incarcerated men and women.”(Greenvilleonline.com) However, according to at least 83 medical malpractice suits pending as of December, 2018, the South Carolina Department of Corrections (SCDC) is not meeting the most basic health care needs of its inmates. There are an additional 78 wrongful death or personal injury lawsuits that cite inadequate medical care in the state’s prisons.

“Collectively, the cases – along with interviews with more than 60 former and current inmates conducted by The State – offer an alarming picture of a prison system in crisis, leaving inmates broken, discarded, and in some cases, dead, due to incompetence or negligence.”

Here are just a few examples of this negligence, which has been going on for years:

Julius Allen Munn says he became blind, because SCDC refused to buy his test strips (which cost 10 cents each) that were needed to check his blood sugar, since he is diabetic. He volunteered to buy them himself, but that wasn’t allowed either.

Because of botched dental work that was done in a SC prison, S.S., another inmate had to be shocked back to life twice in an ambulance, on the way to the hospital, after lying in his cell begging for help for five days.

C.C. says he has a severely broken jaw, and has waited over a year for prison officials to fix it.

P,H. filed a lawsuit in 2016, claiming he had cancerous growths that were pushed aside for four years.

In more severe cases, death has occurred due to SCDC’s negligence:

In 2012, 24-year-old Sinetra Johnson was serving time at Camille Griffin Graham Correctional Institute in Columbia. She was pregnant with twins. In her 26th week of pregnancy, she began having intense pain, and knew something wasn’t right. She went to the prison’s medical station to be checked.

A nurse checked her vital signs, and told her she was fine, and to go on to work at the facility’s clothing plant. She was not sent to an OB/GYN, and no vaginal exam was done.

After work, she again went to the nurse, with the same results.

This being her first pregnancy, Johnson wasn’t sure what to expect. She awoke in extreme pain at 11:15 p.m. She ran to the restroom, and one of the twins (Karmin) was born in the toilet, fully formed, but still in the amniotic sack.

Other inmates tried to get the attention of the guards, and were ignored; so they found a wheelchair, put Johnson in it, and rushed her off to the medical station. Some other inmates were trying to save baby Karmin, but guards ordered them to stay away. By the time the guards finally did something, it was too late. Baby Karmin was dead.

Thankfully, the nurse called an ambulance for Ms. Johnson, and the other baby was delivered in the ambulance.

An autopsy on Karmin revealed that she could have survived if someone had manually ruptured the amniotic sack.

SCDC Officials have denied many of Ms. Johnson’s allegations in response to the lawsuit.

Another wrongful death suit has been filed by the family of Alan Fields, who committed suicide by hanging at Leiber Correctional Institution in Ridgeville, SC in November, 2018. The lawsuit argues “gross negligence by his doctors and other prison staff contributed to Fields taking his own life.”(abcnews4.com)

Fields was serving a 30-year prison sentence for voluntary manslaughter. He had a long history of “hallucinations, severe delusions, and psychosis that were often worsened by manic-depressive episodes,” and had been diagnosed multiple times with schizophrenia and other psychotic and mood disorders.

In the prior year and a half, Fields had tried to commit suicide by hanging or self-injury ten times, according to the lawsuit.

Three of Fields’ five doctors while in prison felt he was malingering (exaggerating or faking symptoms). According to the National Institutes of Health, “the convergence of the multiple symptoms can make the schizoaffective disorders difficult to diagnose.” In March of 2018, one of his doctors, Dr. Judd actually said he did not have a mental illness, and reduced his schizophrenia medicine.

In October of 2018, Fields talked about suicide, including how he was going to go about doing it. “He even scored 10 out of 10 on a suicide intent scale test, attorneys say.” Once again, another doctor, Dr. Griswold accused him of malingering.

In 2017, Fields was placed on a forced medicine regimen, because he was pretending to swallow his medicine, and would later spit it out. That regimen ended as soon as Fields became more stable. In the last three months of his life, Fields took it upon himself to stop taking all his medicines. “The lawsuit slams medical staff for not doing its due diligence to ensure Fields was actually taking his medicine.”

According to the lawsuit, “Mr. Fields’ suicide on November 28, 2018 was foreseeable, preventable, and a direct result of SCDC and the above referenced medical/mental health providers’ failure to properly classify, monitor, and treat his severe mental illness while incarcerated.”

As of 2018, 58% of South Carolina’s inmates suffered from some medical condition. Only 11 physicians and 221 nurses work in the SC prison system, which houses roughly 19,000 inmates. There are 21 prisons in the SCDC system, which means there is not even a doctor for each facility. Bryan Stirling, Director of SCDC says the department contracts with temporary agencies, employing two additional doctors and 74 more nurses to help with the shortage.

Other solutions are in the works, including a partnership with the Medical University of South Carolina, which provides digital doctor visits in five prisons. The department also transports prisoners to see outside doctors.

Stirling says his top priority is to hire more staff, “but that is proving challenging.” The SC House has recently denied a budget request for additional medical staff.

CONTACT THE LAW OFFICES OF DAVID L. HOOD FOR A FREE MEDICAL MALPRACTICE CONSULTATION

If you or someone you care about has sustained a catastrophic illness, or death in a South Carolina prison because of medical negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Medical Malpractice Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you.

Categories
Personal Injury

“Final Offer”: A Common Insurance Company Bluff

If an insurance adjuster tells you that he or she will be unable to make any further offers, they may be bluffing, especially if it’s still early in your personal injury case. After learning a little about the way insurance companies and personal injury claims work, you’ll see that insurance companies often have very little to gain from following through on such a bluff.

Seeing Through Insurance Company Tactics

First, the value of your personal injury claim is not time-sensitive. A $30,000 case will still be worth $30,000 a week from now, a month from now, and even a year from now. Your case value is based on your total medical expenses and on the evidence you have that the insured person is liable for your injury. Both of these factors are very unlikely to diminish over time — your medical bills may increase, if anything, and properly documented and preserved evidence is not going to just disappear.

Furthermore, if your claim does proceed to trial, the insurance company could lose more money than if they simply paid you a fair value for your claim since a lawsuit will require the insurance company to pay a team of lawyers. Not only that, but insurance adjusters are often weighed down by heavy caseloads, and if an insurance adjuster devotes too much time to your individual case (which they almost certainly will if it turns into litigation), this can reflect poorly on the adjuster when his or her superiors evaluate their performance.

RELATED: These 6 Tips Can Help You After a Car Accident

If an insurance company tries to use the “final offer” tactic on you, then you and your attorney should compare how much a lawsuit will cost you with how much a lawsuit will cost them. If it becomes very clear that the insurance company is bluffing, your attorney might want to remind them just how much a lawsuit will cost. Or, the personal injury attorney can counter-bluff and threaten to withdraw all demands and file suit.

Need Help Dealing with an Insurance Company After Being Injured in South Carolina? Contact David L. Hood

Don’t let unscrupulous insurance adjusters bully or intimidate you. If you’ve been injured and you want to seek compensation by filing a personal injury claim, you may benefit from having an experienced and knowledgeable advocate on your side. Call South Carolina personal injury lawyer David L. Hood today for a free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Categories
Medical Malpractice Lawyer

Staff Shortages Can Lead
to Pharmacy Malpractice

Pharmacy window with sign that reads, “Pharmacy Closes at 3:00pm today due to staffing issues. Thank you, Management.” Staff Shortages Can Lead to Pharmacy Malpractice

In the last couple of years, Covid has caused the workload in pharmacies to rise dramatically, but staffing levels have actually decreased during this same time period. This combination can lead to deadly consequences of pharmacy malpractice.

Pharmacists and pharmacy technicians alike have been overworked and understaffed due to the Covid pandemic. On top of their regular jobs of filling prescriptions and counseling customers, they have been forced to juggle “administering Covid-19 vaccines and tests, more phone calls and handing out masks.” (NYTimes.com)

Pharmacy customers have had longer wait-times on the phone to get their prescriptions filled. This causes customers to be angry and take it out on pharmacy staff resulting in even more stress for pharmacists and technicians.

All of this has caused pharmacy staff to have to work longer hours, and be much more stressed out in their jobs. Many pharmacists and pharmacy technicians have left their jobs because they just could not deal with it anymore. Of course, this just causes the problem to get that much worse.

“Large retail pharmacy chains have tried to respond, with some reducing store hours, increasing starting wages, offering more breaks and giving out bonuses to retain employees. But customers have felt the impact, with some experiencing disruptions in vaccine appointments, longer lines to pick up prescriptions and frustration over securing masks and at-home virus tests.” (NYTimes.com)

Pharmacists

Recently, PBS News Hour interviewed (to hear those, click here) some pharmacists on how they are struggling “to keep up with a spike in demand for their services”:

Ryan Albano (who has been a pharmacist for 17 years) said, “If you had a doctor working on a loved one or a family member performing surgery, would you want the phone ringing in the background while the doctor is providing surgery to your loved one? You want that doctor having questions thrown at them, having the drive-through being rung, having emails pop up at you, having customers waving at you?”

Jennifer Morrow (worked as a pharmacy manager up until December 2021) said, “I felt like I was an octopus pulled in eight different directions. And one of them is having to give vaccines. Now, I’m even concerned that I might give the wrong vaccine at the wrong time.” (PBSNewsHour.com

Pharmacy Technicians

“Pharmacies can’t run without technicians, who do the lion’s share of work behind the counter, from counting pills to taking phone calls and ringing patients up.” This job takes a lot of training, but does not require a college degree. Many states do require pharmacy technicians to have a certificate (which they earn after a certain amount of training).

Technicians usually get paid very meager salaries for the job they do. Some pharmacies have recently increased staring salaries for technicians, to hopefully entice more people into the field to help with the shortage. (NBCNews.com)

Heidi Strehl worked in Rite Aid as a pharmacy technician for over 16 years. She said she loved her job and her customers, and always thought she would work in that job until retirement age. In October she “abruptly quit, walking out in the middle of a shift.” She said, “…in recent years the workload and stress had increased to unsustainable levels while staffing and pay failed to keep up.”

Many other technicians have recently done the same: saying they’re having to do too much for too little pay, “increasing the possibility that they will fill prescriptions improperly.” This has caused a major staff shortage, which means the pharmacists are overloaded with more work than they can possibly handle. This has led to huge waits for prescriptions, decreased pharmacy hours “and some prescription errors and vaccination mix-ups – like children receiving an adult Covid-19 vaccine instead of a flu shot – in a business sector in which delays and mistakes can have serious health consequences.” (NBCNews.com)

How to protect yourself and your loved ones from pharmacy errors:

  • Check to be sure your name, the correct medication name and correct strength are on the bottle.
  • If you have taken the prescription before, look at the pills to be sure they look the same. If they look different, ask the pharmacist to check your prescription to be sure it is correct.
  • If you have any questions about whether your prescription has been filled correctly, or about how or when to take the medication, do not take the medication until you have talked to the pharmacist.

(MiamiHerald.com)

Mistakes can be reported to state pharmacy boards. For South Carolina patients, that would be the South Carolina Board of Pharmacy.

Prescription monitoring is also available in SC: dph.sc.gov

Video: What Do You Do if The Pharmacist Makes a Fatal Mistake?

THE LAW OFFICES OF DAVID L. HOOD – REPRESENTING PHARMACY MALPRACTICE VICTIMS IN SOUTH CAROLINA

Prescription malpractice can cause serious health problems and even result in death for many innocent patients. However, if the matter is handled expertly, those responsible for the damages can be held accountable. The Law Offices of David L. Hood and his co-counsel have experience in handling pharmacy malpractice cases. With an understanding of the system, they utilize their network of medical experts and pharmacists to figure out the cause of the mistake and obtain (if possible) an expert opinion so a claim can be filed against those at fault.

If you have suffered at the hand of someone else’s negligence and incompetence, let The Law Offices of David L. Hood do whatever it takes to help you and your family get justice. Let us fight until you get the compensation that you deserve.

If you or a loved-one has been a victim of pharmacy malpractice in South Carolina, contact us for a free initial consultation. If you choose us to handle your claim, we will work with you on a contingent-fee basis, meaning, you won’t owe us a fee unless we get a recovery for you! You can call us now at (843) 491-6025 or contact us at any of our offices in South Carolina here.

For more information: https://hoodlawoffices.com/blog/pharmacists-overworked-and-understaffed/

Categories
Social Security Disability Lawyer

Here’s What to Do When Your Social Security Disability Claim Is Denied

If you’ve been denied after filing a claim for Social Security Disability (SSD) benefits, you’re far from alone. In fact, most SSD claimants receive a notice of denial after filing a claim. Statistically speaking, the Social Security Administration (SSA) denies initial SSD claims at a rate of 65%, and reconsiderations (the initial stage of appeals) have an even higher denial rate of 85%.

Video: What if my claim is denied?

After you find out your claim has been denied, you may be feeling frustrated, stressed, and anxious — but one thing you shouldn’t feel is hopeless. Even if the statistics regarding SSD claim denials seem discouraging, it’s important to remember that you’re not a statistic. Your case is unique, and just because some appeals are denied at an 85% rate doesn’t mean that your particular case has an 85% chance of being denied.

However, if you want your Social Security Disability appeal to have the best chance of success, it’s important to understand the next steps you need to take and what you can do differently this time around.

Understanding Your Social Security Disability Denial Notice

The denial notice you received from the SSA should contain a summary of your medical condition and impediments as well as the medical and non-medical records the SSA considered in rendering its decisions. The denial notice should also contain an explanation for your denial.

Some of the most common reasons that the SSA uses to deny Social Security Disability claims include:

  • You don’t meet the basic non-medical requirements (also called a technical denial).
  • Your medical condition won’t last long enough or isn’t severe enough.
  • You failed to follow the treatment plan your doctor prescribed.
  • You refused to cooperate with the SSA, including providing your medical history and attending any exams that they requested you attend.
  • The SSA can’t find you or get in touch with you.
  • Your disability is related to substance abuse issues.
  • There’s not enough medical evidence to support your claim.

Your denial notice may also include a “technical rationale,” which is a detailed explanation of the factors that caused the SSA to deny your claim. If the denial notice you received doesn’t include a rationale, make sure to request your file from the Social Security Administration so you can find out this information. Understanding why your claim was initially denied is crucial if you want your appeal to succeed.

Why You Should Appeal Your SSD Denial

Most SSD claimants who receive a denial notice don’t pursue their claim any further. Some people simply give up on the process, but many others don’t act quickly enough after receiving a notice of denial. Once you’ve received a notice of denial, you only have 60 days (plus five for mailing) to file an appeal before you’ll lose your right to appeal. If this happens, you’ll have to start over from scratch with a new Social Security Disability application if you want to receive any benefits.

RELATED: 5 Reasons to Hire a Lawyer for Your SSD Claim

Because filing an appeal sounds like a lot of work, some people simply start over and try to file a brand-new claim; however, this wastes additional time and almost always ends with a claim being denied for the same reasons as the first attempt. The appeals process, on the other hand, typically offers your best chance of successfully proving your claim and being awarded benefits.

If you’ve received a notice of denial, it’s critical to request an appeal immediately and give yourself plenty of time rather than waiting until the end of the 60-day window. And if you want your appeal to have the best chance, you should strongly consider working with an experienced Social Security Disability lawyer who can guide you through the appeals process and make sure your claim has a fighting chance.

Do You Need a Social Security Disability Attorney?

While it’s possible to successfully appeal an SSD denial without help from an attorney, statistics show that a disability claimant who is represented by an attorney at the hearing level is twice as likely to be approved compared to a claimant who represents themselves.

Why do your odds improve so much when you work with an attorney? The fact is that working with the Social Security Administration’s many rules and procedures can be confusing, and most people have no idea how to navigate the process and prepare for a hearing. An experienced attorney, on the other hand, should understand every aspect of the process and be able to draw on past experiences they have had with the system. They should also have a good idea of what the judge in your case is looking for and what questions they need to ask medical experts to make sure that crucial information comes to light.

Even people who successfully appeal an SSD claim without help from an attorney may not obtain the results they could have had if they had worked with an SSD lawyer. For example, an experienced attorney can track down important medical records and test results and work with physicians to obtain and organize detailed statements about your medical conditions. They may also be able to use their knowledge of Social Security Disability law to obtain a more favorable “onset date” (the date your benefits should have begun) in your case, which could increase the overall amount of back pay you receive.

Disability lawyers also work on a contingent-fee basis, which means there’s little risk to you — if you don’t win your appeal, your lawyer doesn’t get paid. While your lawyer will receive a percentage of your back pay if your claim succeeds and the SSA approves your benefits, the law limits their fees to 25% of the past-due benefits you receive, up to a maximum of $6,000.

There’s certainly no requirement that says you must work with an attorney for your Social Security Disability appeal, and working with an attorney doesn’t guarantee a successful outcome.

However, when you consider the risk versus the potential reward, working with an experienced SSD attorney is a statistically smart decision that can pay great dividends and save you a lot of stress and frustration throughout the Social Security Disability filing and appeals process.

The Law Offices of David L. Hood: Representing Social Security Disability Applicants in Throughout Georgetown and Horry Counties

If you’ve received a notice of denial for your Social Security Disability claim, you may be feeling frustrated, but don’t count yourself out. While the process of appealing an SSD claim denial isn’t a simple one, our team at The The Law Offices of David L. Hood is here to help. With years of experience representing clients throughout the SSD filing and appeals process, we’ll fight to make sure that your claim receives full and fair consideration and work to ensure that all the appropriate evidence comes to light throughout the process.

To speak with Attorney David L. Hood at no risk to you, call the Law Offices of David L. Hood at (843) 491-6025 or fill out the online contact form on our homepage and we’ll get in touch shortly to schedule your free initial consultation.

References

U.S. Social Security Administration. (2016, October). Annual statistical report on the Social Security Disability Insurance Program 2015. Washington, DC: Social Security Administration Office of Research, Evaluation, and Statistics (SSA Publication No. 13-11826). Retrieved from

https://www.ssa.gov/policy/docs/statcomps/di_asr/2015/di_asr15.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Categories
Motor Vehicle Accidents

Uninsured Motorist Accidents
in South Carolina

Uninsured Motorist Accidents

Did you know that in South Carolina one out of every thirteen people on our roads is driving without insurance? Those who do have insurance are only required to carry $25,000 of liability coverage. This means if you are in a car accident by no fault of your own, the at-fault driver’s insurance may only cover $25,000 of your losses. Therefore, it’s important for you to know all your insurance coverage options to make sure you are well-covered in the unfortunate event of an accident.

Uninsured Motorist Accidents: Blue car with blue umbrella, with text “Auto Insurance”

What vehicle insurance is required in South Carolina?

According to the South Carolina Department of Insurance (DOI), “Drivers are required to carry liability and uninsured motorist coverage with the following limits:  $25,000 Bodily Injury Per Person / $50,000 Bodily Injury Per Accident / $25,000 Property Damage Per Accident.”(DOI.SC.gov)

Underinsurance is not required in South Carolina; however, insurance companies are required to offer underinsurance for you to purchase.

Uninsured Motorist Accident Insurance versus Underinsured Motorist Accident Insurance?


Uninsured motorist insurance covers your losses when the at-fault party has no insurance or leaves the scene without providing you with any information.

Underinsured motorist insurance covers your losses when the at-fault party has insurance, but not enough to cover all of your damages.

“The at-fault driver’s insurance will typically pay for all damages up to his or her auto insurance policy limits, then your underinsured motorist coverage may cover the excess amount up to the limits you select.”(AllState.com)

Dangers of Driving Uninsured

Video Transcript:

We have a big problem in South Carolina. That problem is that you only have to have $25,000 in insurance if you’re at fault and hit someone. On top of that, about 8% of people driving around South Carolina have no insurance at all! It may not seem like a lot, but that’s one out of every thirteen people on the roads that are driving around with no insurance at all!

So, what happens when, say a DUI driver has no insurance and crashes into you? Well, your $25,000 underinsurance should kick in. But, if you’re laid up in the hospital, that may not even touch your medical bills. So, what can you do about it? You can buy more uninsurance and also underinsurance for times like these when a DUI driver is driving without insurance or doesn’t have enough to cover your medical bills. It costs extra to add it to your policy but can be a lifesaver if you’re faced with hundreds of thousands of dollars in unpaid medical bills.

Some say, “Why?” We say, “Why not?”

THE LAW OFFICES OF DAVID L. HOOD – SERVING CAR ACCIDENT VICTIMS IN SOUTH CAROLINA

If you have suffered a collision in South Carolina, the legal team at The Law Offices of David L. Hood will help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after an accident. After gathering all the necessary information, we will pour our efforts into building your case to get a fair settlement or take it to court if the need arises.

Our entire team has years of experience representing various clients and car accident victims in South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case, where you don’t pay unless we get a recovery in your case.

You can find our contact information on the page here and schedule your free consultation session.

For more information on how we can help with motor vehicle accidents, please click here.

Categories
Workers’ Compensation Lawyer

Video: Workers’ Compensation
The Basics Part 2

Workers’ Compensation: The Basics Part 2

Video Transcript

I’m Attorney David Hood, and we’re continuing with part 2, with my able assistant Tracey, on questions, problems and solutions you may have for your workers’ compensation case in South Carolina. I think there are a couple more things we wanted to alert people who get injured on the job in South Carolina to, Tracey.

How do I go about starting a workers’ comp. claim?

There’s a right way and a wrong way. Let’s just talk about the right way.

You need to report the claim to your employer. Then they should contact the workers’ comp insurance company. We are in a ‘right to work’ state, so sometimes if it’s a minor injury, you might not want to do that, because you can be fired for any reason, you can quit for any reason. There’s a little bit of protection under the South Carolina Workers’ Compensation Act, but it’s not much. So, sometimes we urge people to be careful, particularly if they’re a long-time employee with a good job they want to hang on to. But, if your employer ignores you, you want to be sure (within 90 days, because after 90 days that’s it, you’re done) you want to make sure that claim gets filed with the South Carolina Workers’ Compensation Commission in Columbia by filing a form 50. They can help you with that at the judicial department at the South Carolina Workers’ Compensation Commission or your attorney (for instance, if we represented you, we would do that for you) to perfect your claim.

What if I haven’t heard back from the insurance company?

What if you’ve had a workers’ comp claim and you’re back to work and you haven’t heard anything from the insurance company?

What happens is, after a two-year period, your case is done. If you’ve had a serious on-the-job injury, you should be compensated at the end. There’s no pain and suffering under workers’ comp, but you’re supposed to get compensated for the loss of use of your body part(s). So, if you have a leg injury, a back injury, a shoulder injury, a head injury, you should be compensated for those at the end. But if you don’t have representation, the insurance company’s not going to tell you about that. If they can let the statute expire after a couple of years, they don’t have to pay you.

So, make sure you get something at the end. If we can help you, we’d be glad to. There’s no charge for an initial consultation. You can contact us by email or call us and we’d be happy to answer your questions.

Categories
Workers’ Compensation Lawyer

Video: Workers’ Compensation
The Basics Part 1

Video Transcript

I’m David Hood, and this is my most capable assistant Tracey. Today we’re talking about problems and solutions with Workers’ Compensation cases in South Carolina.

What if someone gets hurt on the job and is not getting paid?

Under the South Carolina statutes, what is supposed to happen is if somebody is written out of work by the company doctor, for over seven days and after fourteen days, they’re supposed to get two-thirds of their average weekly wage, meaning if you make $300 a week, you should get what they call a temporary total check for $200 a week while you’re written out by the company doctor. So, it’s very important to have an unbroken chain of out of work excuses if you’re seriously injured on the job.

What if your doctor wants to send you back to work, but you feel like you’re not ready?

A lot of times we have this conflict. It’s the workers’ comp insurance carrier, that company, that wants to pay as little on the claim as possible and get you back to work as soon as possible. So, a lot of times they’ll start you off (even though you have a serious injury) with physical therapy to try to get you back to work. If that doesn’t work, maybe they’ll give you some shots. If that doesn’t work, then it’s typically surgery. Then there may be some pressure; the insurance company is pressuring the doctor (and they’re paying the doctor’s bills) to get you back to work. So, if you really feel you can’t go back to work, and that the doctor’s maybe not treating you right, we can get a second opinion from another orthopedist or neurologist and we can kind of fight over that issue to get you more treatment.

Does it cost anything for somebody to call us?

No, our initial consultation is free. So, if you call us or email us, we’ll get back to you; we try to do it within 24 hours. Sometimes if we’re in hearings, it might take a little bit longer, or depositions, mediations, that kind of stuff. But there’s no charge for that, and we’d be happy to help if you have a question.

Categories
Medical Malpractice Lawyer

Video: Medication Mistakes
Can Be Tragic

Medication Mistakes Can Be Tragic

Video Transcript

Medication mistakes can be tragic. In fact, this medication error has resulted in a reckless homicide charge against a nurse, who pled not guilty to the charge.

Paralyzing drug given instead of a sedative

As the Associated Press and other news outlets reported, the nurse allegedly injected a 75-year-old lady with paralytic anesthetic, Vecuronium instead of Versed, a sedative.

The nurse supposedly chose to override safeguards when she could not find Versed in the automatic dispensing cabinet. She then typed “VE” into the cabinet system and selected the first medication, Vecuronium, that came up on the list. The drug she used ended up killing Charlene Murphy.

The nurse’s license has been suspended, and her criminal trial has been set for March of next year.

Medication errors can be avoided

This happens much more than it should. In fact, the US Food and Drug Administration states that it receives more than 100,000 reports annually about suspected medication errors. It’s also estimated that medication errors harm an estimated 1.5 million people each year.

Every one of these people has a story to be told about an error that could have been avoided. Unfortunately, these types of mistakes happen every day across South Carolina; hopefully, without tragic consequences.

Categories
Wrongful Death Attorney

West Columbia Drug Clinic at Fault in Fatal Crash

Columbia Metro Treatment Center in West Columbia, and its chain owner, Colonial Management Group will pay $10.5 million to settle two wrongful death lawsuits after one of its patients, under the influence of drugs, killed an elderly couple and their grandson in a 2015 auto accident.

The order says that this lawsuit settlement almost exhausts the Orlando-based company’s available insurance coverage. Because this was a confidential settlement, the case won’t go to trial, and the public will never hear details of the allegations or the company’s responses.

The driver, 62-year-old Robert Moore Jr. had been a patient of the clinic, receiving treatment for addiction to opiates. According to the lawsuits and the company’s internet site, “Drug addicts go to the Columbia Metro Treatment Center to get regular doses of methadone, which reduces their craving for opioids, including OxyContin.” (The State Newspaper)

The lawsuit alleged that Columbia Metro Treatment Center irresponsibly prescribed Methadone to Moore, who mixed it with other drugs. Moore left the clinic on November 20, 2015 heading west on U.S. 375. He veered into eastbound traffic on U.S. 378, striking two vehicles, and then slammed into an SUV head-on. The SUV burst into flames.

Harry Gunnells, 73, his wife Barbara, and their grandson, Cooper Gunnells, were in the SUV, and were killed in the accident. “Their estates sued the drug-treatment center and its owner.”

Harry and Barbara were killed instantly, but Cooper, “who suffered from spina bifida, was pinned in the wreckage and was “burned by the flames and suffocated by the smoke,” according to one of the lawsuits.”

Moore survived the crash, but died soon thereafter.

A little over five years prior, Moore had become addicted to pain-killing drugs after a back injury. In that five years, the clinic had never tried to detox Mr. Moore, or wean him from the “addictive substances for which he initially sought treatment, the lawsuits alleged.”

A week before the fatal crash, Columbia Metro had drug-tested Moore, who tested positive for methadone, amphetamines, Xanax and OxyContin. Moore was under the influence of methadone, Xanax, and Adderall on the day of the crash, an autopsy showed. Xanax and Methadone have a side effect of sleepiness. Adderall can cause seizures.

These four deaths could have been prevented by Columbia Metro cutting off Moore’s access to Methadone. In the complaint, Cooper’s attorney said, “The fatal injury and conscious pain and suffering … was the direct, proximate, result of Columbia Metro’s negligent, grossly negligent and reckless conduct.”

Contact the Law Offices of David L. Hood for a Free Wrongful Death Consultation

If someone you care about has died due to someone else’s negligence, please schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a wrongful death. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Wrongful Death Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

Other online references used for this article:

South Carolina Lawyers Weekly, https://sclawyersweekly.com/news/2018/12/10/methadone-clinic-settles-fatal-crash-suit-for-10-5m/