October 2011 Archives

October 24, 2011

Denial Of Joplin, MO Hero's Workers' Compensation Claim Is Valuable Lesson For Charlotte Workers

tornado.jpg

Mark Lindquist is a hero for attempting to save three mentally disabled adults from a tornado that hit Joplin, Missouri in May of this year. The tornado spawned 200 mph winds, causing massive destruction in the Missouri region. Mr. Lindquist suffered extensive injuries during the rescue, including multiple broken ribs, a badly broken shoulder, and the loss of most of his teeth. Mr. Lindquist was in a coma for nearly two months as a result of neurological injuries.

Mark Lindquist has incurred over $2.5 million in medical expenses. His extensive injuries require over ten prescription medications, and he will likely require further surgery.

Continue reading "Denial Of Joplin, MO Hero's Workers' Compensation Claim Is Valuable Lesson For Charlotte Workers" »

October 12, 2011

Charlotte Medical Malpractice Case Raises Questions Regarding Local Health Care

521961_hospital_bed.jpg

On March 16, 2010, Kenneth Chapman checked himself into Carolinas Medical Center-Randolph emergency room, claiming that he had been seeing shadows that were not there, experiencing depression, and thinking of killing his wife. Rather than admitting Mr. Chapman, the hospital staff prescribed antidepressants and anxiety medicine. Mr. Chapman was then discharged. Later that day, Mr. Chapman murdered his wife and daughter, as well as his wife's daughter from a previous marriage.

The victims' family has initiated a lawsuit against Carolinas Healthcare System, alleging the murders could have been prevented with the exercise of reasonable medical care. The essential argument is that the hospital's sub-standard medical care was a proximate cause of the deaths.

Although counsel for the hospital contends that Mr. Chapman's actions were pre-meditated, the murders and subsequent investigations have led to questions of the adequacy of mental health care in Charlotte. According to an Observer investigation, the need for the mental health care has been increasing over the past decade; whereas, the number of beds for mental health patients have remained the same. Studies have also shown that CMC-Randolph needed to expand its facilities, but has failed to do so or make plans to do so since the studies were released. It is important to note that this information alone would not establish proximate cause in this particular case, though it could come into play during a trial.

Continue reading "Charlotte Medical Malpractice Case Raises Questions Regarding Local Health Care " »

October 6, 2011

Amanda Knox's Acquittal Relevant To Charlotte Criminal Proceedings

amanda knox acquitted.jpg

On October 2, 2011, an Italian appeals court overturned the conviction of Amanda Knox who was convicted in 2009 of murdering her roommate Meredith Kercher. Although the appeals court will write a formal opinion detailing the court's conclusions, Knox's counsel and many others believe the acquittal is a result of the Prosecution's lack of evidence.

The prosecution's case primarily focused on circumstantial evidence that failed to directly connect Knox to the murder. The prosecution presented DNA evidence from a knife and a bra clasp that was found at the apartment of a man Knox was dating. The prosecution contended such evidence connected Knox to Kercher's murder. However, this evidence was discredited on appeal. Experts indicated the evidence may have been contaminated when it was collected, so the DNA could definitively connect Knox to the murder. With this evidence discredited, the case hinged on circumstantial evidence, and there was little to further implicate Knox, as the prosecution offered virtually no motive or means for Knox to commit the crime.

Continue reading "Amanda Knox's Acquittal Relevant To Charlotte Criminal Proceedings" »

October 5, 2011

North Carolina Use Of Alcohol Monitoring Bracelets Continues To Increase

ankle-monitor.jpg
Continuous alcohol monitoring (CAM) devices have been used in North Carolina since 2005. The more common CAM devices are the utilized in cars, only allowing the automibile to start after the driver passes an installed breathalyzer such as the Monitech device. However, in light of new legislation such as "Laura's Law" and The Justice Reinvestment Act, which take effect January 1, 2012, CAM devices are becoming more widely used.

In particular, a less commonly known CAM device has become increasingly popular and available to criminal Defendants. Ankle alcohol monitoring devices, which are also known as Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelets, use infrared technology to ensure that it the device remains attached to a human body and has not been tampered with. Since the body passes a small percentage of consumed alcohol through perspiration, the device uses an electro chemical fuel cell to measure the number of alcohol molecules that are produced through the sweat glands. The data is then sent to a computer, which reports how much alcohol has been consumed and how recently it was consumed.

Continue reading "North Carolina Use Of Alcohol Monitoring Bracelets Continues To Increase" »