Travis Barker, drummer for famed rock band Blink-182, is having a terrible year. Back in June, Barker was admitted to the hospital for blood clots in his arms, forcing the postponement of the band's planned residency in Las Vegas. After being diagnosed and treated, he was re-admitted a few days later with complications related to a staph infection (cancelling even more shows).
Several weeks later, Barker, his teenage son, and a friend were in a car accident in California. A school bus allegedly ran a red light and crashed into their car. The three were able to escape without injury.
However, on September 6, the band announced it was cancelling its fall tour as well as its headliner performance at Riot Fest in Chicago in mid-September due to Barker's ongoing physical issues.
Barker released a statement regarding his health problems. “The past few months have just sucked as I have been sidelined just waiting for my doctors to clear me so I could get back on the road and perform with my band," he said. "Unfortunately, the risks associated with drumming are still too great. I am doing everything I need to do so I can get back on the road as soon as possible. I want to thank my fans, family, friends, and bandmates for all the love and support."
Barker believes malpractice is responsible
After enduring both accidents and cancellation of the band's tour, Barker has taken legal action against Medical Imaging Center in Santa Monica, California for medical malpractice. After being diagnosed with blood clots, Barker received a routine MRI at the Center. According to reports, he was to be sedated before the procedure, but technicians were unable to find a vein. The lawsuit alleges the technicians stuck him at least 40 times in the arms with a dirty needle, ultimately causing nerve damage and the development of a staph infection.
Barker filed an additional lawsuit against both the school bus company and the driver who hit his car in July. His 14-year-old son, who was with Barker in the vehicle at the time of the crash, is also part of the lawsuit.
Barker hasn't specified the amount of damages he's seeking. As of this writing, neither Medical Imaging Center or the school bus company have commented on the lawsuits.
Medical malpractice basics
Medical malpractice happens when a medical professional fails to meet the standard of care while treating a patient. Put simply, this is when the professional fails to act reasonably, resulting in injury to the patient. Medical professionals can include doctors, surgeons, nurses, dentists, chiropractors, pharmacists, obstetricians, and more.
Injured patients may also bring legal action against the hospital, clinic, practice, nursing home, or other medical institution that employed the responsible party or parties.
To prove a medical malpractice claim, an injured patient must be able to prove that:
- There was a relationship between the medical professional and the patient, which establishes a duty of care.
- The medical professional breached the duty of care.
- The patient was injured as a result of that breach.
What this means is that the patient must have suffered some kind of injury. If a doctor makes a mistake but causes no harm, there's no claim to be had. However, often, medical negligence can cause serious and life-altering injuries, or wrongful death.
Injured patients may be able to recover the following in compensation:
- Medical bills
- Lost wages and income
- Pain and suffering, mental anguish, disfigurement
If you believe you've been injured due to medical malpractice, the lawyers at Crandall & Pera can help. Our years of experience bring you skilled representation and tireless advocacy when you need to fight against the people who harmed you. Contact us in Ohio or Kentucky today, or call 877-686-8879 to schedule a no-obligation consultation.