indiana injury and family lawyer blog

In order to safeguard against misunderstandings and medical malpractice lawsuits, physicians and surgeons must have discussions and secure agreements about treatment with people that they are interested in receiving treatment.  These discussions and agreements are part of the informed consent process that every physician and surgeon must provide to a patient when undergoing care. Physicians and surgeons use several tools to enforce informed consent communication. These tools include visual props to help people understand information about the proposed treatment, risks associated with the treatment, skill required to compensate for complications, and alternatives to the procedure. These tools may also include: video tapes, DVD’s and informational websites.

Legal Consent

Legal consent to treatment is evident in the document entitled Informed Consent that you sign at your physician’s office before undergoing treatment. Physicians also document in your chart that you understand and have agreed to the procedure. In the case of medication distribution, you will be advised to read the product label which outlines risks associated with the drug. You will also have a discussion with your pharmacist about the medication when it is dispensed to you.

The crux of the Duke Energy Corp scandal surrounds the company’s $2.8 billion power plant located in Southern Indiana.  Michael Reed, president of Indiana operations, and Scott Storms, regulatory affairs lawyer, both based out of the Plainfield Indiana office were fired, according to a newsletter announcement that went out to employees.

Duke Energy Corp had been hit hard when it came to the attention of the public that Reed and Storms created a conflict of interest by proposing to raise fees for consumers while discussing a job opportunity for Storms with Duke. Specifically, Reeds was speaking to Storms about a job opportunity with the company while Storms was an administrative law judge for the Indiana Utility Regulatory Commission. During Storms’ term as an administrative law judge, he ruled on Duke Initiatives that help to pass cost overruns for its coal gasification plant in Edwardsport onto customers.

Duke hired the law firm Gibson, Dunn & Crutcher Duke to investigative the matter internally. Based on the attorney’s findings, Storms and Reed were fired. Duke has revealed some of internal information with the Securities and Exchange Commission.

A medical malpractice Indiana lawsuit was filed against Dr. Schraut, a retinal ophthalmologist located in Lafayette, Indiana by Mr. Paul Arlton of Indiana following his laser eye surgery in 2002. However, Mr. Arlton lost the lawsuit so his attorneys are filing an appeal based on the contention that jurors did not receive certain medical images that would have otherwise supported Arlton’s claim.

Mr. Paul Arlton had seen Dr. Schraut because of an eye condition known as choroidal neovascularization in his left eye. This condition occurs when there is abnormal blood vessel growth and can cause vision loss or blindness, when left untreated. In 1987, Arlton had undergone laser eye surgery to destroy the abnormal growth of blood vessels. However, treatment was not 100% successful due to resulting scar formation which created a blind spot in Arlton’s vision.

In November 2002, Dr. Schraut performed laser eye surgery on Arlton’s left eye due to the reoccurrence of his choroidal neovascularization. Mr. Artlon understood the risk of unexplained vision loss following surgery, but wanted to proceed with the procedure. This procedure was not successful as well. Arlton had 20/15 vision, with a blind spot in his vision before surgery, but had 20/400 vision, periodic double vision, eye pain and headaches following surgery with Dr. Schraut. The results of the surgery have been remedied with Arlton’s use of eyeglasses that have a prism, but Artlon feels his reading speed has been significantly reduced.

First, congratulations! If you’ve decided to quit, you are one step closer to healthy living. But if you’ve decided to use nicotine tablets, you’ll want to heed this warning. There are new dissolvable nicotine tablets on the market that are touted to be a substitute for smoking. These tablets are quite flavorful, such as with cinnamon or mint. But they may be so appealing that they are easy for children to get their hands on, creating some serious risks.

Researchers at the Harvard School of Public Health have determined that a one year old who eats ten tablets of nicotine will suffer severe neurological damage. The study results appeared in the journal Pediatrics and was supported by the Food and Drug Administration as well as the Centers for Disease Control and Prevention.

Nicotine is a powerful addiction. It is a stimulant and a relaxant that works by going from the lungs to the brain within seven seconds and transmits messages which prompt an increased release of several chemical agents. These increases enhance concentration, alertness, and arousal, while reducing anxiety and stress. These unnatural benefits may be why the American Heart Association has denounced nicotine addiction indicating it is one of the hardest habits to break, as difficult as heroin and cocaine. So, it’s no surprise if you’ve tried nicotine tablets.