Solberg Stewart Miller FindLaw IM Template 2026-10-22T09:49:35Z https://www.solberglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1203277/2022/10/cropped-ID-image-75x75.jpg On Behalf of Solberg Stewart Miller <![CDATA[What if your medical implant is recalled years later?]]> https://www.solberglaw.com/?p=47603 2026-10-22T09:49:35Z 2026-10-22T09:48:27Z Seven years after hip surgery, a letter arrives: the manufacturer has recalled your implant. You thought that operation was behind you. Now you face questions about another procedure, your health and whether the manufacturer might be responsible. Here is how to make sense of the notice and protect your options.

Read the recall class before you worry

A recall happens when a manufacturer corrects or removes a device that violates federal safety law. It does not always mean your implant must come out, since some recalls only call for closer monitoring. The Food and Drug Administration (FDA) sorts each recall into three risk-based classes:
  • Class I signals a risk of serious harm or death.
  • Class II involves less severe or less likely harm.
  • Class III indicates harm is unlikely.
A recall alone does not prove your particular implant is defective or caused your symptoms.

Protect your records and the removed implant

Compare the notice with your device identification card, because the recall covers your implant only if details such as the maker, model number and implant date match. Tell your surgeon about any new pain, swelling or loss of motion, and request your operative report and implant records now. If your doctor recommends revision surgery, which means replacing or repairing the original implant, ask the hospital in writing to keep the removed device. It can become key evidence.

Check how a recall affects the 10-year limit

North Dakota's product liability statute describes a statute of repose that sets an outer time limit based on the product's age rather than when your injury occurred. Under the state’s products liability law, you generally cannot recover damages unless the injury happens within 10 years of the first purchase or 11 years of manufacture. A recall can change that. The limit may not apply if the maker issued a recall or knew of a defect, failed to take reasonable steps to warn users and your injury happened afterward. Courts weigh the specific facts, so this exception is not automatic. A separate filing deadline still applies. You generally have six years to bring most injury claims and two years from the death to bring a wrongful death claim. Attorneys handling defective medical device claims typically review both deadlines early. Minnesota rules may differ if your surgery happened across the river.

Find out how your implant was approved

How the FDA reviewed your implant can also affect which claims are open to you. In Riegel v. Medtronic, the U.S. Supreme Court held that federal law blocks many state-law claims against devices that passed the FDA’s strictest review, called premarket approval. Devices cleared through the faster 510(k) process, which compares them to similar products on the market, generally lack that protection. Even for approved devices, a claim that the maker broke the FDA’s own rules may still go forward.

Treat the recall letter as a starting point

The letter may feel like bad news, but it can also shape your medical care and determine whether the 10-year limit applies to you. Before any revision surgery, gather the letter, your device card and your records, then have your situation reviewed while the implant and your options remain intact.]]> On Behalf of Solberg Stewart Miller <![CDATA[When hospital medication errors become medical malpractice]]> https://www.solberglaw.com/?p=47601 2026-10-15T13:41:07Z 2026-10-15T13:41:07Z A bad outcome alone is not enough Patients expect hospitals and medical staff to follow clear steps when ordering, filling and giving medications. Even so, not every prescription mix-up or dosage error leads to a valid malpractice claim. The main question is whether the provider acted below the accepted standard of care under the circumstances. Answering that question often takes a close look at medication charts, pharmacy logs and internal messages. In some medical malpractice cases, the records point to deeper problems such as poor training, weak supervision or unsafe staffing levels. Those same facts may also support a broader professional negligence claim against the hospital or its employed and contracted providers.

You must show actual harm

You also need proof that the medication mistake caused measurable injury. If you did not suffer a real loss, you may have a hard time bringing a malpractice claim even if the hospital made an error. That harm can take several forms. A medication mistake may lead to organ damage, neurological problems, prolonged hospitalization or additional medical treatment. A review of medical liability cases involving medication errors also suggests that these mistakes can result in serious long-term harm.

Records and expert review often shape these claims

Hospitals and their insurers often dispute whether the mistake actually caused the injury or whether the provider acted unreasonably. Because of that, these cases often depend on a clear timeline, strong medical records and qualified expert review.

How can a legal guide help

You should act promptly if you suspect a medication error caused serious harm. Medical malpractice claims have filing deadlines that vary by state, and missing the deadline can permanently bar your claim. A medical malpractice attorney can review your records, assess whether the error fell below the standard of care and explain what proof supports a viable claim.]]> On Behalf of Solberg Stewart Miller <![CDATA[Can parents face liability for a teen’s car accident in North Dakota?]]> https://www.solberglaw.com/?p=47587 2026-10-08T14:35:25Z 2026-10-08T14:35:25Z How the law holds parents liable State law holds that a parent is financially responsible for damage a minor driver causes. These are the main grounds:
  • Signing the license application: A parent who signs a minor's permit or license application shares joint liability if the teen drives negligently. However, proper insurance coverage can sometimes limit this exposure.
  • Negligent entrustment: A parent who lets an inexperienced, reckless or impaired teen drive can face a direct lawsuit.
  • Family purpose doctrine: Under North Dakota law, courts can hold the head of the household responsible when a family member causes a crash while driving a vehicle the family maintains for general use.
  • Employing the teen: A parent who owns a business can face liability if their teen causes a crash while working or running a business errand.
More than one of these legal rules can apply to a single crash. If none of these situations applies, the teen alone typically bears responsibility for the damages.

Protecting a family's finances

An unresolved claim can put a family's savings and property at risk. Parents should review their auto insurance to make sure the coverage limits are high enough for a teen driver. A personal injury attorney can review what happened, identify the insurance that applies and guide the family through the claims process.  ]]> On Behalf of Solberg Stewart Miller <![CDATA[How do I know if my injury qualifies for a mass tort claim?]]> https://www.solberglaw.com/?p=47516 2026-09-24T14:21:57Z 2026-09-24T14:21:57Z What conditions may point to a mass tort? Certain patterns often appear when mass tort litigation develops. Multiple people may allege harm from the same or similar product, medication, device or conduct. Their claims may involve similar factual or legal issues and arise from the same alleged source of harm. Being injured by a product does not automatically mean a mass tort exists or that your claim qualifies to participate in one. Your claim generally needs to involve the product, conduct or circumstances at issue in the particular litigation.

Why does your individual injury still matter?

Mass tort litigation can involve many people with related claims, but each person's circumstances may differ. Your injury, medical treatment, losses, exposure or use of the product and other facts can affect whether your claim fits within a particular proceeding. Your individual damages also matter. Two people injured by the same product may experience different injuries, financial losses and long-term effects. Medical history, employment and the expected impact of an injury can all be relevant when evaluating a claim.

How can you determine whether your claim fits?

Start by identifying the product, medication, device or conduct you believe caused your injury. Keep records of your medical treatment, expenses, losses and relevant information about your use or exposure. You may have reason to explore a potential claim if others have reported similar injuries, regulators have issued warnings or litigation already exists involving the same alleged harm. Because filing deadlines may apply, do not wait to investigate. Similar injuries may warrant further review, but they do not establish eligibility on their own. An attorney can review your circumstances and help you understand whether an existing mass tort proceeding may apply to your claim.]]> On Behalf of Solberg Stewart Miller <![CDATA[How do hours-of-service rules affect truck crashes?]]> https://www.solberglaw.com/?p=47507 2026-09-16T10:25:00Z 2026-09-16T10:25:00Z Trucks carrying heavy loads may travel for hours through Fargo and across North Dakota. But long hours on the road without enough rest can leave drivers tired. As a result, fatigue may affect a driver’s focus, reaction time and ability to make safe decisions.  Federal hours-of-service (HOS) rules help limit how long many commercial truck drivers can drive and stay on duty. After a truck crash, these rules may help show what happened before the collision.  Looking at a driver’s work hours, rest breaks and driving time can help determine whether fatigue or an HOS violation may have played a role in the crash.

What hours-of-service rules require

Federal hours-of-service regulations set limits on how long truck drivers can work and drive. In general, drivers must have 10 straight hours off duty before starting a period in which they can drive for up to 11 hours. They also must stop driving once 14 consecutive hours have passed since their work period began.  In addition, drivers generally must also take a 30-minute break after driving for eight total hours. Separate limits cap the amount of time drivers can spend on duty during each seven- or eight-day period. These rules matter because fatigue can develop during long shifts. In a Fargo crash, examining the driver's schedule may help identify whether the driver had exceeded a legal limit or had little opportunity for rest.

What can HOS records show after a crash?

HOS records can provide details about the driver's activities before a collision. Investigators may examine records such as:
  • Driving and on-duty hours before the crash
  • Required rest and break periods
  • Electronic logging device records
  • The driver's recent seven- or eight-day work history
Reviewing these records can help connect the driver's schedule with the timing of a crash. Legal assistance can also help you evaluate HOS records alongside other evidence, such as crash reports and available truck data.

Looking beyond the crash

Hours-of-service rules do not automatically establish who caused a big rig accident. Instead, they can provide important evidence about a driver's condition and conduct before the collision. For that reason, examining the driver's hours may be one part of determining how a Fargo truck crash happened and whether fatigue or a violation contributed to it.]]> by Solberg Stewart Miller <![CDATA[Do you have to stop if you witness a car accident?]]> https://www.solberglaw.com/?p=47506 2026-08-26T18:26:55Z 2026-08-26T18:26:55Z What does North Dakota law require from witnesses? Under North Dakota law, drivers directly involved in a collision are required to stop at the accident scene, provide their information and render aid to injured people. Bystanders and other drivers who witness the crash have no equivalent legal obligation. The law focuses on holding participants accountable for exchanging information and giving aid to injured people. From a practical standpoint, requiring every passing driver to stop could create additional traffic hazards and impede emergency access to the scene. Uninvolved drivers who stop may inadvertently block rescue efforts or expose themselves to secondary collisions on busy roads.

When should you stop and offer help?

North Dakota’s Good Samaritan law generally protects people who voluntarily provide emergency care at an accident scene from civil liability. The protection applies when they act in good faith and without expecting payment. If you choose to stop and help, that protection may apply to you. Giving a brief statement to responding officers may also help clarify what happened, which can be useful to investigators, insurers and the parties involved in any subsequent claim or proceeding. Only stop if you can pull completely off the roadway without blocking traffic or creating more risk. Never approach a crash scene on a high-speed interstate or in poor visibility conditions.

Good Samaritan protection and your options as a witness

As a witness, you have no legal obligation to stop, but doing so safely can help someone who is injured and unable to call for help. If you do stop and render aid, North Dakota's Good Samaritan law generally shields you from civil liability for good-faith emergency assistance. If you later have questions about your role in the incident, whether as a witness or otherwise, an attorney can help you understand where you stand.]]> On Behalf of Solberg Stewart Miller <![CDATA[Keeping your teen safe behind the wheel: A parent’s guide to safer driving]]> https://www.solberglaw.com/?p=47505 2026-08-18T21:51:23Z 2026-08-18T21:51:23Z a parent, few moments are as nerve-wracking as watching your teenager drive away for the first time. While earning a driver's license is an exciting milestone, it also brings significant responsibility and risk. Fortunately, there are concrete steps you can take to help better ensure your teen stays safe on the road.

Start with a solid foundation

Many states, like North Dakota, have strict requirements before teens can get their driver’s license. While meeting the required 50 hours of supervised driving practice, it is important to expose your new driver to different weather conditions and traffic patterns. Help them learn how to merge onto a busy freeway while you can provide instruction and support instead of having their first experience in this stressful environment be one they navigate on their own. This experience can help to build confidence that classroom learning alone cannot provide.

Establish clear rules and expectations

Setting boundaries is not about control; it is about safety. Helpful rules to set can include:
  • No cell phone use while driving, including hands-free calls during the first six months
  • A limit on the number of passengers, especially during the first year
  • A firm curfew that keeps teens off the road during the most dangerous late-night hours
  • Zero tolerance for alcohol or drug use
  • Required seatbelt use for the driver and all passengers
These rules create a framework that helps teens make safer decisions when you are not there to guide them.

Lead by example and maintain ongoing communication

Your teen has watched you drive for years. Model the behavior you expect by following traffic laws, staying calm in frustrating situations and never driving distracted. Additionally, maintain open conversations about driving experiences. Ask about close calls or challenging situations, and use these as teaching moments rather than opportunities for criticism.

Monitor and provide feedback

Consider using technology to your advantage. Many insurance companies offer apps that track driving behaviors, and some vehicles have built-in monitoring systems. Review this data together with your teen, celebrating improvements and addressing concerns constructively.

When accidents happen despite your best efforts

Even the most cautious and well-prepared teen drivers can be involved in accidents. When another driver's negligence causes a collision that injures your child, you have legal options. Personal injury claims can help recover damages for medical expenses, vehicle repairs and pain and suffering. Consulting with an experienced attorney helps to better ensure you protect your family’s rights and hold responsible parties accountable for their mistakes. While no legal remedy can undo an accident, it can provide the resources needed for your teen's recovery and future security.]]> On Behalf of Solberg Stewart Miller <![CDATA[Can a failed surgery be considered medical malpractice?]]> https://www.solberglaw.com/?p=47504 2026-08-16T15:37:43Z 2026-08-16T15:37:43Z How to establish medical negligence To prove malpractice in North Dakota, a patient must show that the medical provider made a preventable mistake that fell below accepted standards of care. To establish medical negligence under North Dakota law, you need to prove four basic elements:
  • Duty of care: You had a doctor-patient relationship, so the surgeon owed you a duty to provide proper care.
  • Breach of standard of care: The surgeon failed to provide the level of care expected of a reasonably careful doctor with similar training and experience.
  • Direct causation: The surgeon’s mistake directly caused your injury, rather than an unavoidable health issue.
  • Measurable harm: The error caused harm you can document, such as extra surgery, higher medical bills, lost wages or severe pain.
Medical records, operative reports and hospital logs are central to proving each of these elements and should be requested as early as possible. Proving these points requires strong evidence and a signed statement from a qualified medical professional who agrees that negligence likely happened.

Protecting your legal rights

North Dakota sets strict rules and deadlines for medical negligence cases. In most cases, you have two years from the date of the mistake or when you discovered it, to file a claim. Gathering medical records, getting a qualified medical provider's review and documenting your injuries takes time. Identifying these issues early helps you save evidence and file your claim before the deadline.]]> On Behalf of Solberg Stewart Miller <![CDATA[Mistakes to avoid in a personal injury case]]> https://www.solberglaw.com/?p=47503 2026-07-24T18:26:37Z 2026-07-24T18:26:37Z Critical errors to avoid Taking the right steps after an accident is essential to protecting your health and your financial recovery. Here are the biggest mistakes to avoid in a personal injury case:
  • Delaying medical care: A delay between the incident and your first doctor visit could allow the insurance company to argue that the injuries were not serious or were caused by something else entirely.
  • Giving recorded statements too early: Avoid giving recorded statements to the other party’s insurer without first consulting an attorney. Stick strictly to the facts while talking to law enforcement.
  • Admitting fault at the scene: North Dakota follows a modified comparative fault system. A person is found to be 50% or more at fault might be barred from recovering compensation.
  • Posting on social media: Photos, status updates or comments about your activities or emotional state could be taken out of context and used against you to undermine your credibility.
  • Accepting early settlement offers: Initial offers are often lowball figures meant to quickly close the claim, before the long-term costs of your injuries are known.
North Dakota generally imposes a six-year statute of limitations for bringing a personal injury claim. However, deadlines for wrongful death or medical malpractice are just two years. Letting these deadlines pass would result in permanently losing your right to seek compensation.

Moving forward after an accident

Pursuing a personal injury claim while recovering physically and emotionally is never easy. If you are facing a similar crisis, avoiding early settlement traps and seeking timely medical and legal help are crucial. Reaching out to an experienced personal injury attorney could help you understand the legal nuances of your case and seek a fair outcome.]]> On Behalf of Solberg Stewart Miller <![CDATA[What to do after an elderly parent’s car accident]]> https://www.solberglaw.com/?p=47502 2026-07-24T07:53:09Z 2026-07-24T07:53:09Z Start with the immediate medical and accident issues Start by making sure your parent gets checked for injuries and by gathering the basic accident information. Because older adults may show pain, confusion or mobility problems later, it also helps to keep track of any changes in the days after the crash. A few early steps often matter most:
  • Get a medical evaluation
  • Collect crash and insurance information
  • Watch for new pain, confusion or mobility problems
  • Find out whether your parent has a power of attorney or similar documents
These steps can help you stay organized while the larger family issues start to unfold.

Helping is not the same as having authority

This is where many adult children feel stuck. You may be making calls, driving to appointments and keeping track of paperwork, but that does not automatically give you the right to speak with insurers, approve treatment or make legal decisions. If your parent can still make decisions, they may downplay the injuries or handle the claim differently than you would. In North Dakota, older driver safety may involve the need for medication, and addressing vision changes or slower reaction time. One accident alone does not necessarily mean that your parent shouldn’t drive, but it may force the family to start considering those questions.

A serious crash can reveal bigger problems

Some crashes lead to more than short-term recovery. They may involve fractures, memory problems, reduced mobility or a need for more help at home. If the injuries are serious, the case may also involve future care, ongoing treatment and disputes about the extent of the harm. Those issues can turn an ordinary insurance matter into a claim involving future care and financial losses. Even then, the hardest issue may be that your parent still has the final say unless legal authority is already in place.]]>