Cancer Misdiagnosis

Importance of Early Diagnosis
Sometimes, physicians fail to properly diagnose cancer in their patients. In fact, the leading cause of all medical error or medical malpractice lawsuits is the misdiagnosis of cancer.

Timely detection of cancer is a matter of life and death.
For example, breast cancer has a 95% survival rate when caught at its earliest stage. When breast cancer advances to "stage 4,” an individual only has a 7% chance of survival. Indeed, the key to successful treatment of most types of cancer is early diagnosis.

Other types of common cancers for which early treatment is crucial are cancer of the prostate, cervix, colon, lung, kidney, ovaries, skin, and testicles. It is important for your family physician to check for cancers that may pose a greater risk to you, due to your family history, gender, or age. Most cancer tests are painless. Regular cancer screening and early diagnosis can greatly increase your prospects for a long and quality life.

Some of the mistakes that a doctor may make in screening for cancer include:

• Failure to understand or notice the nature of a patient's complaints.
• Failure to order the proper test, such as a mammogram or PSA test.
• Failure to properly read or interpret test results.
• Failure to refer a patient to a specialist for further testing.
• Failure to note that a patient’s family history increases the risk of a particular type of cancer.
• Failure to notice a mass or mistaking a malignant mass for one that is benign.
• Failure to run routine tests, such as a prostrate screening for males over age fifty.
• Failure to test someone who is at risk, because of age or ethnicity. For example, African-American males are at increased risk of prostrate cancer and need screening tests from the age of forty.
• Failure to follow-up with a patient if cancer should be suspected.
  

Sometimes, the reason for delayed cancer diagnosis is not the fault of a physician. You need to take care of your own health and get medical check-ups.

If you have discomfort, pain, an unusual lump or mass, or other health concerns, be sure to tell your doctor. Also, let your physician know about any family or personal history of cancer. If you believe that you are not being adequately screened for cancer risks, then you should express this concern to your physician. Never be afraid to seek a second opinion, if you think one is required.

There are many reasons why you should talk with a medical malpractice lawyer about your legal rights after an instance of cancer misdiagnosis. After you or a loved one suffers from a cancer misdiagnosis, it is important to talk with a personal injury attorney with experience in medical malpractice law for several compelling reasons.


Put a Fighter In Your Corner
Insurance companies will vigorously fight against paying damages to an medical malpractice victim -- especially cases involving cancer misdiagnosis. You need a law firm that will vigorously represent your interests in these proceedings and counsel you as your claim progresses.

Peace of Mind
You owe it to yourself and your family to seek experienced legal counsel. To protect all your legal rights, you need a law firm that is well versed in the complicated laws that govern medical malpractice law.

The Financial Impact of Injuries
The cost of a cancer misdiagnosis can be catastrophic. This is an extreme hardship when the injuries make work impossible and rent, gas, and medical bills start to accumulate. You need a law firm that will help you recover these costs from the insurance company or the at-fault party. A study recently indicated that injured parties represented by legal counsel obtain far greater recoveries than those individuals who attempt to represent their own interests.

FAQ's about Mesothelioma and Answers from a Mesothelioma Attorney

Question: Are certain individuals more likely to develop illness from exposure to asbestos?
Answer: Yes. There is an increased risk of developing asbestos-related illness if a person worked in an industry requiring constant, prolonged exposure. These individuals include many factory and construction workers, as well as ship builders, miners, automotive brake mechanics, and anyone else who worked with insulation materials.

There is no level of harmless exposure to asbestos. Even small doses can cause illness that becomes manifest many years later. Yet, some who worked around asbestos never develop illness. While some scientists believe that certain individuals are genetically more able to withstand exposure, no one has been able to identify an asbestos-resistant gene.

Question: Asbestos has not been widely used since the 1970’s. How can there be any current risk of asbestos exposure?
Answer: The U.S. Environmental Protection Agency estimates that over 700,000 public buildings in this country still contain asbestos. This number includes approximately one in ten existing school buildings. Thus, the threat posed by asbestos exposure continues to haunt innocent citizens.

Question: My exposure to asbestos happened years ago. Have I run out of time to make a claim?
Answer: This is an important question. In asbestos cases, the Statute of Limitations, or time limit for making a legal claim, depends on the state in which you live. Your time to make a claim certainly starts to run, once a doctor diagnoses you with an illness. For that reason, talk with a Michigan asbestos lawyer about your rights immediately.

Question: I do not have mesothelioma, but I have been diagnosed with another form of cancer, and I was exposed to asbestos. Could the cancer be related to asbestos exposure?
Answer: Just as asbestos exposure increases the risk of lung cancer, there are also studies that link asbestos exposure to increased risk of other cancers, including cancer of the colon, kidney, larynx, pancreas, and esophagus. If you believe asbestos played a role in your illness, you should consult a doctor and contact a Michigan asbestos lawyer today.

Question: I know that the company where I used to work has declared bankruptcy, supposedly due to asbestos litigation. Should I even bother to pursue a claim?
Answer: Many law firms are fighting to challenge bankruptcies that corporations try to use as a shield against financial exposure to asbestos claims. You should talk to a Michigan asbestos lawyer by submitting a free, confidential consultation form today to determine the status of claims against the particular company that you believe is responsible for your illness.

Question: What is the difference between pleural mesothelioma and peritoneal mesothelioma?
Answer: Pleural mesothelioma occurs in the chest cavity and involves the lungs. It is the more common form of mesothelioma cancer. Its symptoms include chest pain, shortness of breath, coughing, and perhaps rapid weight loss or persistent fever. Because these early problems may indicate other illnesses, a doctor may have difficulty making the initial diagnosis. If you are experiencing these symptoms and believe you may have been exposed to asbestos, you should notify your health care provider immediately.

Peritoneal mesothelioma develops in the abdominal cavity. This form of mesothelioma progresses more rapidly and is more deadly. However, early diagnosis and an individual’s response to treatment are important factors in combating the disease. The symptoms of peritoneal mesothelioma include nausea, vomiting, and swelling of the lower extremities. Individual symptoms vary and may not all be present. If you are experiencing these problems and were exposed to asbestos in the past, you should see your family physician.

Question: Does mesothelioma always mean cancer?
Answer: In very rare circumstances, it is possible to have a benign (non-cancerous) form of mesothelioma, which is known as cystic mesothelioma of the peritoneum. But in most instances, mesothelioma is a malignant disease.

Question: Just because I worked with asbestos, does that really mean that I am at higher risk of mesothelioma and other illnesses?
Answer: Unfortunately, a report in the New England Journal of Medicine indicated that asbestos workers were 344 times more likely to die from mesothelioma than the average population. Other studies also show a clear connection between asbestos exposure and serious illness.

If you or a loved one suffer from asbestos related cancer or mesothelioma cancer, talk with an experienced Michigan asbestos lawyer today

Michigan Workers Compensation Benefits

Most Michigan workers are covered by Michigan Workers’ Compensation insurance. Michigan law requires this coverage.

Michigan workers who are not covered by Michigan Workers’ Compensation include:

• Federal employees, such as persons working for the U.S. Post Office, the Veterans Administration, or other federal government agencies. (These individuals may be covered by the Federal Employment Compensation Act (FECA))
• Some agricultural workers
• Employees of very small businesses, with no more than 3 employees
• Independent contractors
  

If you are hurt at work, ask your employer if the company has a Workers’ Compensation insurance policy that covers you. Under Michigan law, workers’ compensation wage loss benefits are 80% of the after-tax value of your average weekly wage.

There are some complicated features to calculating wage loss benefits. When a worker's weekly salary varies from week to week, wage loss benefits are based on the average of the 39 highest pay weeks in the last 52 weeks.

If an injured worker returns to work part-time, or at a lower-paying job, that individual still may be eligible for partial wage loss benefits, to cover part of the difference between the amount he or she earned before and after the work-related injury.

These formulas can be very confusing. Contact an attorney, if you have questions about whether you are getting the amount of wage loss benefits that the law requires.

Michigan workers’ compensation pays for all medical care that is reasonable and necessary for treatment of a work-related injury, for as long as the worker requires treatment. Thus, a worker with a serious or chronic injury may be eligible for these medical benefits for years, or even for the rest of his or her life. Disputes may arise about what is reasonable and necessary treatment.
If this happens to you, seek legal guidance.

Why You Need a Michigan Workers' Compensation Lawyer

Peace of Mind
A lot is at stake when you are unable to work and wrongfully denied workers’ compensation benefits. Families often depend on the income that an injured worker lost. If our law firm assists you in pursuing a Michigan workers' compensation claim on your behalf, you can be assured that a professional, experienced Michigan workers' compensation attorney will work hard to obtain all relevant employment and medical records, review all documentation, and aggressively pursue your claim.

Put a Fighter In Your Corner
Too often, insurance companies vigorously fight against paying benefits to an injured worker. Our law firm is here to represent your interest in these proceedings and to counsel you as your claim progresses. We will do everything possible to ensure you and your family's emotional well being during the pursuit of a claim.

Professional Evaluation of Your Claim
Our law firm will diligently gather all of the documentation, make a determination, and file the appropriate claim on your behalf. To make sure you get what you deserve, you need an attorney who is well versed in the complicated laws that govern workers compensation claims. A study recently indicated that injured parties represented by legal counsel obtain far greater recoveries than those individuals who attempt to represent their own interests.

Sexual Harassment and Sex Discrimination – Overview of Michigan Law

Under Michigan law, sexual harassment is considered a form of illegal discrimination. It usually occurs when someone - man or woman - makes an unwelcome sexual advance. This offensive and unwanted conduct creates an uncomfortable, intimidating, and "hostile" workplace environment.

Legal Definition of Sexual Harassment

Michigan’s Elliot-Larsen Civil Rights Act identifies two broad categories of sexual harassment – quid pro quo and hostile work environment.

According to Section 103 (h) of this Michigan law, sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature when:

1. Submission to such conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing.
2. Submission to or rejection of such conduct or communication by an individual is used as a factor in decisions affecting such individual’s employment, public accommodations or public services, education, or housing.
3. Such conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public service, education, or housing environment.

Applying these employment discrimination laws to real-life situations is complicated. If you or a loved one has experienced employment discrimination, it is important to talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

Sexual Harassment - Quid Pro Quo Harassment

Quid Pro Quo is a Latin phrase meaning “this for that.” In other words, it involves an exchange or bargain between two parties. Under Michigan law, any exchange that involves sex in the employment setting is illegal.

Quid Pro Quo sexual harassment may be the most explicit form of harassment. Frequently, an employer or supervisor with authority over a worker demands that she or he provide sexual favors in exchange for continued employment and/or promotion.

Obviously, this creates a terrible situation for the worker. No one should be treated in this way. You need an attorney who will fight to protect your rights.

Sexual Harassment - Hostile Work Environment

Hostile environment sexual harassment happens in a workplace, when an employer, supervisor, or co-worker does or says things that make the victim feel very uncomfortable because of his or her sex. The harassment occurs, even if no one makes a specific demand for sexual favors. Instead, the victim suffers harassment because she or he has to try to work in an intimidating, hostile, or offensive environment.

To prove a claim for hostile work environment, the harassment must be severe and persistent. Evidence of an occasional offensive remark or sexual joke is not enough. Courts often treat these infrequent comments as just “stray remarks.”

An employer is legally responsible for the harm caused by a hostile work environment, if the employer failed to take prompt and adequate remedial action, after it had reasonable notice of the harassment. Generally, the victim of harassment should report it to management promptly, to give the employer notice and an opportunity to investigate the problem.

Complex legal issues arise in claims for hostile environment caused by sexual harassment. However, you do not have to put up with this form of workplace discrimination.

Sexual Harassment – The Victims

Although the majority of victims are women harassed by men, other types of unlawful sexual harassment include:

• Men sexually harassed by women
• Women sexually harassed by women
• Men sexually harassed by men

Sexual harassment victims range from young to old, from executives to unskilled workers, from married to single, and from attractive to unattractive. Often, it is unclear why a certain person is singled out. From a legal standpoint, the aggressor’s reason for targeting a victim is not relevant. The harassment is unacceptable -- and illegal.

Sexual harassment victims subjected to any type of unlawful workplace harassment should talk with a Michigan employment discrimination lawyer with experience in Michigan and federal employment law.

FAQ's about Social Security Disability and Answers from Michigan Social Security Lawyers

Question: I filed for Social Security Disability benefits and the Social Security Administration denied my claim. What do I do now?
Answer: It is not uncommon for the Social Security Administration to deny an initial application for benefits. If you get denied, you need to act immediately. You only have 65 days from the date stamped on the Social Security Administration’s letter denying your application to file an appeal and preserve your Social Security Disability claim.

Question: If the Social Security Administration approves my application for Social Security Disability benefits, what will I get?
Answer: Social Security Disability benefits may include Medicare health care insurance, individual benefits, and family benefits. Your monthly financial benefits will be based on the formula in the Social Security Act, as well as the amount that the federal government counts as your Social Security earnings from employment before you became disabled.

Question: How do I know if I am disabled for purposes of receiving Social Security Disability benefits?
Answer: According to the Social Security law, an eligible "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.” If you are not sure if you qualify, you should check with both your family doctor and our Michigan Social Security lawyers about a potential claim for Social Security Disability benefits.

Question: I have not worked in recent years. Could I still qualify for Social Security Disability benefits?
Answer: The Social Security Administration requires a specific amount of Social Security earnings, or “work credits,” to qualify for Social Security Disability benefits. As a general rule, if you worked for 5 out of the last 10 years, you probably have enough “work credits.” You certainly should contact the Social Security Administration or consult with an experienced Michigan Social Security Disability lawyer to find out whether or not you qualify.

Question: I have a serious mental or psychological condition that prevents me from working. Can I still receive Social Security Disability benefits?
Answer: According to the Social Security Act, a "disability" can be either physical or emotional, or a combination of both. The key is that a doctor finds “objective medical evidence” that you your condition prevents you from working for at least 12 months.

Question: Can I apply for Social Security Disability benefits on my own?
Answer: Yes. You can file your own application for Social Security Disability benefits, and represent yourself in all legal proceedings. However, statistics show that people with legal representation, especially on appeals, win their Social Security Disability claims much more often than those who try to represent themselves.

Question: I cannot afford to pay an attorney fee now. Can I still get legal help with an appeal of the Social Security Administration’s decision to deny my application for Social Security Disability benefits?
Answer: Yes. Some law firms, waive their attorney fee, unless they convince the Social Security Administration to approve your claim for Social Security Disability benefits. If they win, their fee is defined by the Social Security Act and kept very reasonable.

Question: I was denied Social Security Disability benefits last year, but my medical condition has gotten worse. Can I try again to get Social Security Disability benefits?
Answer: Yes. There is no limit to the number of times you may apply for Social Security Disability benefits. If you feel that you now qualify for Social Security Disability benefits, you should file another application with the Social Security Administration.

Question: If the Social Security Administration approves my Social Security Disability claim, how long will these benefits last?
Answer: You can get Social Security Disability benefits for as long as you remain disabled from employment and meet all other Social Security Administration requirements. From time to time, the Social Security Administration may review the level of your disability by sending you for a medical evaluation.

Question: My disability was brought on by alcoholism or drug addiction. Can I still qualify for Social Security Disability benefits?
Answer: Maybe. To determine whether you still have a potential Social Security Disability claim, you should consult an experienced Social Security Disability attorney. The Social Security law states that you cannot get Social Security Disability benefits, if alcoholism and/or drug addiction is a contributing factor that is material to the determination that you are disabled. However, people who used to abuse alcohol or drugs can qualify for Social Security Disability benefits, based on other unrelated and disabling health problems.

Investment Fraud

In recent years, U.S. investors have been plagued by an unprecedented amount of corporate fraud. Irresponsible and illegal actions by Wall Street firms and corporate executives had a catastrophic effect on many individual investors and employees.

Claims by investors against stockbrokers, investment advisors, and financial planners often fall into certain well-recognized categories. Some of the most common investor claims are: Unsuitable Investment Recommendations - This occurs when a broker or other professional investment advisor intentionally makes decisions that are inconsistent with your individual financial needs. A broker has a legal obligation to make recommendations that are consistent with the client's risk tolerance, needs, and investment objectives. Thus, the broker has a duty to learn about each client's personal financial condition and goals, and to recommend investments and trading strategies suitable for that individual. An investment may be unsuitable if:

• A client lacks the financial ability to incur the risk associated with a particular investment.
• The investment was not in line with the client's financial needs.
• The client did not know or understand the risks associated with certain investments.
  

Misrepresentations and Omissions - These cases often involve a broker's failure to inform you of the risks associated with your investments. Stockbroker "misrepresentation" is simply a legal term for stockbroker "lies". At times, these cases arise from "boiler room"operations, in which teams of unscrupulous brokers make large numbers of cold calls and use high-pressure sales tactics. Under the law, even a prediction or opinion offered by an investment broker can be a fraudulent misrepresentation, when it has no reasonable basis. Common lies include claims by brokers that they know the price that a stock will reach, that their own firm controls the stock price, that they have inside information from the company, that profits are "certain", or that they are selling stock to you from a hot public offering. These statements rarely have a reasonable basis and may represent investment broker fraud.

Similarly, a broker has an obligation to tell the whole truth about a potential investment. In other words, the broker cannot promote the positive features of an investment and withhold the negative aspects or risks. Omission of material facts is a form of unlawful misrepresentation. Many types of false or misleading statements can be the basis for a claim, if an individual reasonably relied upon them in making a losing investment.

Excessive Trading or "Churning" - This occurs when a broker engages in excessive trading in your account, to generate larger commissions. When a broker buys and sells securities in your account to generate commissions that seem excessive, there is a strong possibility that your account is being "churned". However, "churning" also includes any trading done to benefit the broker - rather than the investor. Therefore, even one trade may be churning if it has no legitimate purpose for the investor. To establish that a broker churned your account, you must show excessive trading patterns. This can be done with several kinds of evidence, including:

• Calculations to determine the annualized rate of return, which was necessary to cover the commissions charged in your account.
• Number of times that the equity in your account was turned over to purchase securities.
• Purchase and sale trading activity that occurred in your account.

Unauthorized investments - This usually arises when a broker makes trades without your permission. A broker must have the express detailed permission of the client for all trades. This authority only exists when a client signed a written contract in advance, which specifically granted permission to the brokerage firm to make certain trades without prior approval. Absent this type of arrangement, a firm is required to obtain the client's permission for each transaction. In some cases, the broker simply failed to ask a client for permission to make trades in a non discretionary account. In other circumstances, the broker bought stock on margin without authority, or ignored a client's specific instructions about a discretionary account. Depending on the facts of the particular case, unauthorized trading can result in claims for rescission, breach of contract, or fraud.

Over concentration - This happens when a broker does not diversify your portfolio. One of the most important rules of investing is diversification. When a broker concentrates most or all of your funds in an individual investment or type of investment, then your risk of loss dramatically increases. If a broker did this, and the investments declined significantly, the broker may be liable. For example, if your portfolio was heavily weighted to biotechnology stocks and those stocks dropped sharply, you may have a right to compensation, based on the broker's failure to diversify your investments and reduce your risk. Handling a stock fraud claim is a complex process. It will take an attorney considerable time and resources to gather all of the documentation, make a determination, and file the appropriate claim on your behalf. It is an undertaking that requires an attorney who is knowledgeable and skilled in working with the complicated laws and procedures that govern these actions, and in evaluating the documentation required to establish the true value of a claim.

Dangerous Drug - Digitek

The drug company Actavis Totowa LLC has initiated a Class 1 nationwide recall of Digitek (digoxin tablets, USP, all strengths) for oral use. The products, manufactured by Actavis, are distributed by Mylan Pharmaceuticals, Inc. under the "Bertek" label and by UDL Laboratories, Inc. under the "UDL" label.

The recall was issued on April 25, 2008.

Actavis realled Digitek due to the possibility that some tablets with double the appropriate thickness may have been commercially released. These tablets may contain TWICE the approved level of active ingredient than is appropriate.

Digitek is used to treat heart failure and abnormal heart rhythms. According to the FDA, the existence of DOUBLE strength tablets poses a risk of digitalis toxicity in patients with renal failure. Ditigalis toxicity can cause nausea, vomiting, dizziness, low blood pressure, blurred vision, cardiac instability and bradycardia. Death may also result from excessive Digitalis intake. Several reports of illnesses and injuries have been received by the FDA.

Digitek users who suffered serious injuries as a result of this manufacturing error may be entitled to monetary damages. Our law firm is actively investigating these claims and encourages Digitek users or their families, in the case of a death, to contact our office for a free, confidential legal consultation.

The Bernstein Law Firm has experience in pharmaceutical liability claims. Currently, our law firm is representing Vioxx patients who were injured as a result of a failure of Merck to warn patients regarding risks associated with this drug.

It is important to recognize that claims related to Digitek are not prohibited under the draconian Michigan drug shield law; often referred to as the "drug immunity" law. Digitek cases (along with another current potential cause of action involving Baxter Heparin) involve the negligent MANUFACTURE of a drug - not a failure to warn. "Failure to warn" claims involve FDA approval and therefore may be prohibited under Michigan law. These claims may also be prohibited under the expanding application of the pre-emption doctrine by the United States Supreme Court.

The negligent manufacture claim simply states that, despite FDA approval, the drug was not manufactured properly. The approval by the FDA is irrelevent. The Digitek claim will likely claim that the drug company simply did a bad job making the drug. The resulting errors/mistakes caused the double dosage and resulting injuries.

The Digitek episode raises, once again, the serious issue about the FDA and the government's ability to keep us safe.

Police Brutality

We expect police to work hard preventing crime and keeping us safe. To be sure, the vast majority of police officers are dedicated to protecting the public. We are immensely grateful to these law enforcement professionals.

However, there are law enforcement officials who ignore their sworn duty and violate the rights of law-abiding citizens. In these situations, the innocent victim of police brutality may have the right to make a legal claim against the abusive officers and the police department where they work. If you or a loved one was injured by federal, state, county, or local law enforcement officers, and you believe that your injury resulted from their excessive force or abuse of authority, it is important to talk with a police brutality lawyer with experience in your state's and federal police brutality and civil rights laws.

Police have broad authority to carry out their duties, as they should. Nevertheless, there are limits to these powers. Legal claims for police brutality or abuse may arise when law enforcement officials go beyond the limits of their authority and cause needless injury.

The following are some of the types of legal claims arising from police brutality or abuse.

Excessive Force - Police only may use the amount of force that is reasonably necessary to carry out their lawful duties. Whether force is "excessive" depends on the reason why police attempted to stop or arrest an individual, the way that the person responded to police requests or demands, and the circumstances surrounding the encounter.

Thus, it might be reasonable for law enforcement officers to physically grab and restrain a person who was armed, committed a violent crime, or physically resisted arrest. Police could do this based on a reasonable belief that the individual posed immediate danger, even if their belief was wrong.

However, police may use no more force than necessary. They should not hit, rough up, or otherwise hurt a person who is unarmed, acts in a non-threatening manner, and follows their directions. Even if a person is aggressive, police must stop using force, as soon as they restrain the individual. Thus, any legal claim for "excessive force" must be based on injury resulting from force beyond whatever was necessary.

False Arrest or Imprisonment - This claim arises when police take an individual into custody, without an arrest warrant and without "probable cause." An officer would have "probable cause" if he or she actually saw the person commit a serious crime or had a reasonable belief that the person had or was just about to commit a serious crime.

The reasonableness of the officer's belief is based on the information available at the time of the arrest, even if it turns out to be wrong. When police lack this legal justification, the person taken into custody may have a claim for false arrest.

Malicious Prosecution - An individual may be the victim of "malicious prosecution" when a law enforcement official begins a criminal proceeding, without "probable cause," but with malice toward the victim, and the criminal proceeding ends in the victim's favor (without a conviction). This claim arises, because the law states that no one should be subjected to the extreme emotional stress, embarrassment, and financial expense often involved in a criminal prosecution that lacks a legitimate basis.

Unreasonable Search - In recent years, the U.S. Congress and Courts have responded to terrorist attacks, drug trafficking, and school violence, by expanding police powers. Law enforcement officers may ask every person for identification, and may check for weapons, at airports, schools, and other public buildings. In addition, police can stop a person in any public place, if the officer has "reasonable suspicion" that a crime was committed and that person committed it. During this kind of non-custodial stop, the officer may do a "pat-down" search to make sure the individual is not carrying a weapon.

There still are occasions when law enforcement officers go beyond their authority, and a search becomes "unreasonable." The situations that may be the basis of a legal claim include:

* Police enter and search an individual's home without permission, without a warrant and without the presence of emergency, or "exigent," circumstances.
* Police do a body cavity search, or "strip search," of a person who is not under arrest, or who was arrested for a misdemeanor.

Rights of Pre-Trial Detainees - Even if police have a lawful basis to make an arrest, the individual may have a legal claim for injury that occurs in the detention facility or jail. At that point, law enforcement officials have complete control over the detainee. Therefore, they have an obligation to promptly determine his or her physical and psychological needs, provide proper medical treatment, food, and shelter, and protect the detainee from other inmates. Injury resulting from neglect during pre-trial detention may be the basis for a legal claim against the law enforcement agency that operated the facility.

Complex Legal Issues in Police Brutality Cases - In every police abuse case, the first critical issue is whether or not the officers were doing their job properly, or had a reasonable belief that they were doing so at that time. This defense is sufficient to defeat the claim, even if the victim suffered severe emotional distress.

Proof that the law enforcement officers were careless or negligent is not enough to succeed in this type of case. Instead, the victim must have evidence that police knew they were acting in an unreasonable or unlawful manner, and intentionally caused injury. Needless to say, only an experienced attorney can handle a police brutality case. To make a proper claim, the attorney must investigate all the relevant evidence and evaluate the circumstances surrounding the police conduct and the victim's injuries.

Livingston County Bully Breed Dog Policy

We applaud Livingston County for a proposed policy that would euthanize pit bull or other "bully breed" dogs caught running loose within four days. The policy is similar to to many across the state, including a policy in Ingham County.

The proposed policy, which will come before the Livingston County Board of Supervisors this coming Monday, would end adoptions at the county-operated animal control shelter of pit bull terriers, American pit bull terriers, American Staffordshire terriers, American bulldogs and mixes.

No doubt, this proposed policy will come under fire from many pit bull lovers who claim that they have seen or own "nice" pit bulls. We do not doubt that this is the case. Many responsible pit bull owners train their dogs to behave safely around other animals and strangers. More importantly, they train their pit bulls to behave safely around children.

Make no mistake, however, that many pit bulls, when left to the responsibility of owners who do not provide this training, can be ticking time bombs waiting to seriously injure or even kill.

As attorneys to whom many turn after vicious dog bites (to adults and, tragically, in a majority of circumstances, to children), we see first hand the predatory behavior of pit bulls.

Hundreds of dog attack victims contact our law firm each year. Pit bulls are involved in a disproportionate number of these attacks. The results are, in many instances, catastrophic.

We urge the Livingston County Board of Supervisors to support this smart public policy to make our community safer.

- Mark Bernstein

How Personal Injury Cases Proceed in Ohio

When you or someone you love has been injured you may feel like your life has been flipped upside down. At the same time, you will confront serious and complex medical, legal, job, money, and family issues, often for the first time in your life.

This article is designed to help answer this question “how will my case proceed?”. The facts surrounding each legal claim are unique. As each case is different, it is impossible to know the length of time necessary to see a case to resolution or the nature of the resolution. There are certain things, however, that you can generally expect to occur when pursuing an injury claim.

Since every case is different your first legal consultation should be free. Your attorney will examine the unique facts regarding your case and look at it from every angle. The information that you includes:

· When, where, and how did the accident happen?

· What injuries did you or your loved one suffer?

· All the other facts that might impact the viability of the case.

· Any other information that you think is important.

If a face to face meeting is not practical, information can still be exchanged by phone, mail, or email. If you or a loved one needs legal help, talk with a dedicated Ohio personal injury lawyer.

Investigation
A careful investigation of personal injury cases is absolutely critical, and must be done thoroughly and carefully for each case. The investigation process usually involves several important steps beginning with obtaining police reports, accident reports, witness statements, and photographs.

The investigation process continues as the case proceeds. Your attorney may retain experts to help present your case effectively. These experts may be necessary to reconstruct an auto accident, identify building code violations, or determine if a product was defective. The most important factor in the investigation phase is, of course, hard work and tenacity.

Pre-Suit
During the pre-suit process, materials related to your case are assembled including medical records and other information about your injury. During this phase of the case the focus shifts from assessing the viability of the case to managing the case to maximize value.

Most clients quite reasonably want to know how much money they will be receiving at the end of a successful personal injury claim. The truth is, the value of your case depends upon the outcome of your medical treatment and extent of your recovery, as well as the circumstances of the accident.

Litigation
Many cases never reach the litigation stage because they are settled during the pre-suit process. Sometimes it is necessary to litigate a case when the insurance company is unwilling to settle for an appropriate value.

The litigation process usually involves a process called discovery. During the discovery process you may be called upon to answer written questions called interrogatories or give testimony known as a deposition. It may be necessary to present your claim in court in front of a judge or jury.

Conclusion
After a settlement or verdict, the disbursement process concludes your case. This process typically involves your attorney receiving a check from the insurance company, reviewing and approving the release if necessary, sorting out any lien issues, and then delivering a check to you as quickly as possible. If you or a loved one needs legal help, talk with a dedicated Ohio personal injury lawyer.

Saftey Rules for Children and Dogs

Humans and dogs have been living together for over 12,000 years. Millions of Americans share their lives and their homes with dogs. These wonderful animals love us unconditionally, protect us, protect our homes, guide the blind, and are our constant companions. Despite all of this we still have misunderstandings that lead to dog attacks.

For children, dog bites are frightening and traumatic, and with a little work, most can be prevented. We teach our children about safety for many situations—from safety rules for crossing the street and traveling in cars to being careful around things that are too hot or sharp. We can also teach them to be safe around dogs. Follow these tips to help your children have a positive relationship with our “best friends".

First—Teach your children the golden rules:

1. Do not chase or tease a dog.
2. Do not disturb a dog while it’s sleeping, eating, or drinking.
3. Don’t play in the dog’s sleeping area.
4. Don’t play with the dog’s food or water.

Second—Teach your dog the golden rules:

1. Do not jump on people.
2. Don’t bark or paw at people.
3. Do not charge the door when someone comes in.
4. Do not bite, nip, chew, gnaw, or mouth people even in play.

Third—Guidelines for parents and pet owners:

1. Provide your children and your dog with opportunities for positive interaction, to help them learn to respect each other and cope with stressful situations.

2. Don’t allow children to use your dog as a climbing toy. Even with the most patient pet, children should not be allowed to climb on them. It’s a recipe for having their tail pulled, eyes poked, paws injured, etc. A dog bite would be a natural response, so it’s best to avoid it.

3. Small children should always be supervised when interacting with a pet. Dogs and children can be unpredictable; it’s the adult’s responsibility to provide a safe environment and a watchful eye.

4. Keep the dog out of threatening situations. It’s important to be sensitive to the dog's needs and fears. If your pet is used to calm or quiet, and children are visiting, playing, running, making noise; watch for signs of nervousness. It may be best to confine your dog to a quiet area during times of too much activity, to remove the potential for problems.

5. Know your dog and learn how it communicates using body language. Usually dogs give warning signs before biting. Sometimes the signs are subtle, but they should never be ignored. Here are a few ways to know that it’s time to intervene between a dog and a child:
1. The dog turns its head away from a child or gets up and moves away.
2. The dog yawns, pants, or licks its lips when the child approaches or tries to interacts with it.
3. The dog gives you a pleading look, as though asking to be rescued.

6. Know your dog’s limits. Sometimes dogs communicate more directly and may be warning that it is ready to bite by growling, showing its teeth, or raising the fur along its back. To prevent a dog bite or a dog attack, immediately intervene by removing any child from this situation and provide a quiet place for your dog

7. Don’t let play get too rough. Many dogs and children play quite well together and should be allowed to do so. Watch for times when their play escalates and starts getting very excited or rough. A dog bite or scratch may occur accidentally when playing gets out of control.

With these guidelines, you can help establish boundaries of respect between children and dogs, and pave the way for successful relationships.

If you or a loved one have been seriously injured in a dog attack, talk with an experienced Michigan dog bite lawyer.