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	<title>NBA Law Blog - Neblett Beard &#38; Arsenault &#187; minnesota</title>
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	<description>Legal News and Discussions powered by the Lawyers of NBALawFirm</description>
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		<title>How Much Is Your Kidney Worth To You?</title>
		<link>http://nbalawblog.com/2010/03/18/how-much-is-your-kidney-worth-to-you/</link>
		<comments>http://nbalawblog.com/2010/03/18/how-much-is-your-kidney-worth-to-you/#comments</comments>
		<pubDate>Thu, 18 Mar 2010 15:40:56 +0000</pubDate>
		<dc:creator>Michael Bollinger</dc:creator>
				<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[caps]]></category>
		<category><![CDATA[doctor]]></category>
		<category><![CDATA[kidney]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[medical-malpractice]]></category>
		<category><![CDATA[minnesota]]></category>
		<category><![CDATA[surgery]]></category>

		<guid isPermaLink="false">http://nbalawblog.com/?p=3304</guid>
		<description><![CDATA[Here’s the scenario: you have one diseased kidney and one good one. Your doctor says the diseased kidney must be removed to save your life. Surgery is scheduled. When you regain consciousness they tell you “Sorry but we removed the wrong kidney. We took out your good one and left you with the diseased one. [...]]]></description>
			<content:encoded><![CDATA[<p>Here’s the scenario: you have one diseased kidney and one good one. Your doctor says the diseased kidney must be removed to save your life. Surgery is scheduled. When you regain consciousness they tell you “Sorry but we removed the wrong kidney. We took out your good one and left you with the diseased one. Good luck.” So due to medical malpractice you are left with a death sentence unless you get a donor. And, depending on what state you live in, your legal remedies are probably limited and capped. Despite these kinds of real life mistakes that happen across the country, we continue to see the health care industry lobbying Congress to enact more “tort reform” to end so-called frivolous <a title="Medical Malpractice Lawsuits" href="http://www.neblettbeardandarsenault.com/practice-areas/law/medical-malpractice/" target="_blank">medical malpractice lawsuits</a>.</p>
<p>The facts of this scenario actually happened in Minnesota. And what consequences did the negligent physician face, you ask? He was barred from inpatient surgery, but could regain full surgical privileges if the Minnesota Board of Medical Practice later determines he is competent. The suspension was ordered in part because the same doctor had also previously taken a biopsy of another patient’s pancreas instead of his diseased kidney. One would think that a licensed urologist would know the difference between a pancreas and kidney, not to mention right from left. Luckily for this patient, he lived in Minnesota which is one of the few states which has refused to enact caps on medical malpractice lawsuits so he can pursue his rights in court for full compensation for what was done to him. If he had been a resident of the majority of other states, his recovery would be limited to the amount a bunch of politicians decided was “fair”.</p>
<p>So, how much is your kidney worth to you?</p>
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		<title>$8M Verdict Against Bar And Drunk Driver</title>
		<link>http://nbalawblog.com/2009/12/05/8m-verdict-against-bar-and-drunk-driver/</link>
		<comments>http://nbalawblog.com/2009/12/05/8m-verdict-against-bar-and-drunk-driver/#comments</comments>
		<pubDate>Sat, 05 Dec 2009 15:44:03 +0000</pubDate>
		<dc:creator>Michael Bollinger</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Personal Injury]]></category>
		<category><![CDATA[accident]]></category>
		<category><![CDATA[car-accident]]></category>
		<category><![CDATA[car-wreck]]></category>
		<category><![CDATA[crash]]></category>
		<category><![CDATA[drunk-driver]]></category>
		<category><![CDATA[injuries]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[minnesota]]></category>
		<category><![CDATA[personal-injury]]></category>
		<category><![CDATA[settlements]]></category>
		<category><![CDATA[trials]]></category>
		<category><![CDATA[verdicts]]></category>

		<guid isPermaLink="false">http://nbalawblog.com/?p=3039</guid>
		<description><![CDATA[A jury in Minnesota returned an $8 million verdict in favor of a seriously injured plaintiff in his lawsuit against a drunk driver and the bar that continued to serve him alcohol despite his obvious intoxication. The verdict was rendered under Minnesota’s Dram Shop statute which holds bars liable for the negligent actions of customers [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://nbalawblog.com/wp-content/uploads//2009/09/car-accident.jpg" rel="shadowbox[sbpost-3039];player=img;" title="car-accident"><img class="alignleft size-full wp-image-2765" style="margin-right: 10px;" title="car-accident" src="http://nbalawblog.com/wp-content/uploads//2009/09/car-accident.jpg" alt="car-accident" width="275" height="203" /></a>A jury in Minnesota returned an $8 million verdict in favor of a <a title="Personal Injury" href="http://www.neblettbeardandarsenault.com/practice-areas/law/personal-injury/" target="_blank">seriously injured plaintiff</a> in his lawsuit against a drunk driver and the bar that continued to serve him alcohol despite his obvious intoxication. The verdict was rendered under Minnesota’s Dram Shop statute which holds bars liable for the negligent actions of customers their employees continued to serve even though they were exhibiting visible signs of intoxication.</p>
<p>The defendant driver had admitted his liability for colliding with the plaintiff which resulted in <a title="Injuries" href="http://www.neblettbeardandarsenault.com/practice-areas/law/personal-injury/" target="_blank">multiple injuries</a> including a shattered pelvis, fractured forearms, broken leg and vision loss.</p>
<p>Jury verdicts such as these send a clear message to bar owners they will be held responsible for injuries to innocent victims of drunk drivers who drink to excess and are allowed to leave the bar and drive. Bar and tavern owners can no longer turn a blind eye to the obviously intoxicated patron who continues to want to buy drinks. The number of<a title="Driving-Accidents" href="http://www.neblettbeardandarsenault.com/practice-areas/law/vehicle-accidents/" target="_blank"> drunk driving accidents </a>resulting in serious injuries and death are rising. We must all do our part in stopping this activity. Patrons must know the amount of alcohol they can consume and legally drive or designate a non-drinking driver. Bars must be vigilant about their intoxicated patrons and refuse to serve them and make sure they are not driving.</p>
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		<title>2 Dead, 21 Injured in Casino Bus Crash</title>
		<link>http://nbalawblog.com/2009/11/20/2-dead-21-injured-in-casino-bus-crash/</link>
		<comments>http://nbalawblog.com/2009/11/20/2-dead-21-injured-in-casino-bus-crash/#comments</comments>
		<pubDate>Fri, 20 Nov 2009 18:33:10 +0000</pubDate>
		<dc:creator>David Walker</dc:creator>
				<category><![CDATA[Auto Accidents]]></category>
		<category><![CDATA[Bus Accidents]]></category>
		<category><![CDATA[accident]]></category>
		<category><![CDATA[bus-crash]]></category>
		<category><![CDATA[crash]]></category>
		<category><![CDATA[fmcsa]]></category>
		<category><![CDATA[injuries]]></category>
		<category><![CDATA[minnesota]]></category>
		<category><![CDATA[motorcoach]]></category>
		<category><![CDATA[police]]></category>
		<category><![CDATA[safety]]></category>
		<category><![CDATA[strain-bus-line]]></category>
		<category><![CDATA[wreck]]></category>
		<category><![CDATA[wrongful-death]]></category>

		<guid isPermaLink="false">http://nbalawblog.com/?p=3012</guid>
		<description><![CDATA[Two people were killed in the crash of the Strain Bus Line Coach. The bus was carrying passengers back home after an outing to a casino. The tour bus returning from an Iowa casino ran off a southern Minnesota interstate and rolled over in a ditch Wednesday, killing 2 people and injuring 21, authorities said. [...]]]></description>
			<content:encoded><![CDATA[<div id="attachment_3013" class="wp-caption alignleft" style="width: 360px"><a title="Casino Bus Crash" href="http://www.npr.org/blogs/thetwo-way/2009/11/minnesota_bus_crash_results_in.html" target="_blank"><img class="size-medium wp-image-3013" title="Casino Bus Crash" src="http://nbalawblog.com/wp-content/uploads//2009/11/Casino-Bus-Crash-350x242.jpg" alt="Casino Bus Crash" width="350" height="242" /></a><p class="wp-caption-text">Click Photo to See Video</p></div>
<p>Two people were killed in the <a title="Crash" href="http://http://www.neblettbeardandarsenault.com/practice-areas/law/vehicle-accidents/" target="_blank">crash</a> of the Strain Bus Line Coach. The bus was carrying passengers back home after an outing to a casino. The tour bus returning from an Iowa casino ran off a southern Minnesota interstate and rolled over in a ditch Wednesday, killing 2 people and injuring 21, authorities said.</p>
<p> The bus, operated by Strain Bus Line Motorcoach Tours in Rochester, was eastbound on Interstate 90 just west of Austin about 3:20 pm when it crossed into the westbound lanes and flipped over, Department of Public Safety spokesman Andy Skoogman said. The bus was carrying 23 people, including the driver, Skoogman said. 20 passengers were taken to medical centers. The driver was airlifted to a hospital in Rochester. Firefighters pulled off the bus’ windshield because the 47-passenger coach had settled on its right side, blocking the door.</p>
<p>Bold Lines, Inc., which does business under the name Strain Tours, is an operator with six drivers and four buses and has had no <a title="Accidents" href="http://http://www.neblettbeardandarsenault.com/practice-areas/law/vehicle-accidents/" target="_blank">accidents</a> in the past two years, according to the Federal Motor Carrier Safety Administration’s web site. But federal records reveal some safety problems in the past. The FMCSA reports that as a result of five inspections during the past 2 years, 60% of the company’s buses had to be pulled out of service for violations. That compares to the national average of 22%. The company also has an Inspection Selection System rating of 76; scores between 75 to 100 mean an inspection is warranted. The company has also run into trouble related to its record keeping. In February 2002, federal transportation authorities pulled the company’s buses off the road for what inspectors described as “numerous violations” of federal transportation rules related to record keeping. The company ended up paying $20,000 to settle an enforcement case concerning drug testing for drivers, according to the FMCSA. It also paid $300 to settle a case over driver duty times and record keeping.</p>
<p>The U.S. Department of Transportation must fast track its action plan aimed at improving motor coach safety. The plan calls for additional requirements including installing seat belts and enhancing roof strength. It would also boost regulatory oversight of new and high-risk motor coach operators. Frequency of medical exams and medical certification should be a priority.</p>
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