Personal Injury, Product & Premises Liability
Personal Injury - General Liability
Allen, McCain & O’Mahony, P.C. has extensive experience handling a wide variety of personal injury cases, including wrongful death claims and cases involving catastrophic injuries. Our clients include not only hospitals, clinics, physicians and other healthcare providers, but also product manufacturers, building and business owners, both insured and self-insured. When a claim is made that an injury allegedly occurred due to one of our client’s negligence, we have the expertise necessary to:
- Investigate the Claim
- Analyze the Incident Reports, Medical and Other Records
- Consult with Appropriate Experts
- Determine Whether There May Be Liability
- Coordinate With Insurers
- Aggressively Defend or Resolve the Claim as Efficiently as Possible
Our work and contacts in the healthcare and medical practice areas have enabled us to develop resources and expertise that are especially useful in representing clients in virtually any case in which personal injuries, a medical condition or medical expenses are components of the damages claimed. Because our attorneys are both experienced litigators and familiar with the various types of alternative dispute resolution and pre-trial settlement techniques, we consistently obtain favorable results in a cost-effective manner for our clients. Whether the matter is large or small, complex or simple, Allen McCain & O’Mahony, P.C. has the resources necessary to handle your litigation and claim resolution needs.
Product Liability
Every year, thousands of claims and lawsuits are filed against insured and self-insured manufacturers and service providers by individuals who contend they were injured by defective products and are entitled to damages -- often without regard to whether the product was used appropriately or not. Recently, there has been a rash of litigation involving, in particular, allegedly defective medical devices, diagnostic equipment and pharmaceutical products.
The implant or failure of a defective medical device (such as a heart valve, pacemaker, filter or knee joint) may require another major surgery to replace the device, often at a greater risk to the patient or with a lower chance of success than the original surgery. Defective diagnostic equipment can either cause direct physical harm to a patient or fail to detect a serious medical condition the equipment or test was designed to detect. A defective drug can carry significant health risks, and even cause death.
On the other hand, the benefits of a product often outweigh the risks of harm. And no matter how hard a manufacturer attempts to put adequate safeguards in place, people may be injured, either because of product misuse or alteration, a failure to heed warnings or follow instructions, or because even the maximum degree of care cannot completely eliminate all risks.
The attorneys at Allen, McCain & O’Mahony, P.C. are well-versed in these issues and dedicated to representing manufacturers and service providers, particularly in the healthcare industry, defending these claims. In pharmaceutical cases, due to our experience with medical professionals, we often represent physicians who may be brought into these cases as “learned intermediaries” because they happened to prescribe a medication or drug at issue. Or, we may represent a pharmacist who filled a prescription. But regardless of the product or professional involved -- from pre-litigation counseling and investigation, through jury trial and, if necessary, appeal, or through alternative dispute resolution -- we have the ability to meet manufacturers’ and providers’ needs.
Premises Liability
Allen, McCain & O’Mahony, P.C. handles all types of claims brought by persons injured while on the premises of another, with particular expertise representing hospitals, clinics and medical facilities potentially liable as property owners or occupiers. Cases range from slips, trips and falls, to negligent security, false arrest and false imprisonment. Besides aggressively defending litigation once it has commenced, our attorneys counsel healthcare providers and other building owners, occupiers and managers on practical steps to avoid, minimize and control these claims.
