Health Care Mistakes

Many medical mistakes can be considered malpractice in certain instances. This article focuses on four of those errors and how they can warrant lawsuits. As a medical malpractice lawyer can tell you, medical malpractice may have occurred if a medical professional or health care facility provided a patient with care that led to serious harm. The treatment provided must have been outside the normal standards in a given situation. Further, if no harm came to the patient, although malpractice may have occurred, you likely will be unable to sue for damages.

Childbirth Injuries

Medical malpractice can occur either before or during childbirth. Negligence before birth could include failing to identify an ectopic pregnancy or other congenital disabilities with the fetus. This could result in serious harm to the baby, mother or both. Throughout the birthing process, there are a number of ways that a physician could cause damage through negligence. This could include improper use of a vacuum extractor or forceps. Additionally, if the doctor fails to respond appropriately to fetal distress during the delivery, this can be considered negligent in some cases. Some injuries that could be the result of medical malpractice by an obstetrician are fractured fetal bones, brain injuries and ongoing pelvic health issues for mothers.

Misdiagnosis

A physician’s failure to present the correct diagnosis in a timely manner or misdiagnosing an illness altogether can have catastrophic consequences for a patient. It could lead to the patient missing out on potentially life-saving treatment options. Lawsuits for misdiagnosis will likely need to prove that a particular doctor’s action or failure to act was contrary to how other physicians would have acted in a similar or identical scenario. When the doctor’s peers would have acted differently, a medical malpractice lawsuit might be feasible.

Surgical Errors

Operating rooms can be a breeding ground for medical mistakes. Surgeons can easily operate on the incorrect limb, fail to remove surgical instruments from your body or pierce an organ. Further, other medical professionals can be negligent in their care post-operation, leading to severe infections. In these instances, you may be able to sue for medical malpractice.

Anesthesia Mistakes

Mistakes in administering anesthesia can result in brain damage, paralysis or other permanent injuries and death. If you have incurred this type of harm, you may be eligible to pursue a malpractice lawsuit.

Contact a medical malpractice attorney today to assist you in determining if you may have been the victim of medical malpractice.

What Injuries Don’t Qualify Under Workers Compensation? 

Workers compensation insurance is a requirement that many employers must have. It is designed to alleviate the burden on businesses and workers in the event of an accident. If a worker suffers an injury at their workplace, workers compensation benefits can cover the costs of their injury, such as medical treatment, missed wages, and disability-related expenses. However, an experienced workers compensation lawyer like one from Therman Law Offices, LTD can explain that workers who suffer injuries in certain scenarios will not be eligible to recover compensation. 

Commuting 

If a worker gets injured on their way to and from work, then the injury would not be covered by workers compensation. For an injury to be covered by workers compensation insurance, the accident must have occurred at the worksite. This rule also applies if a worker leaves the job site and is traveling to and from lunch. Certain exemptions apply however, such as if a worker is flying on a business trip. 

Fooling Around

Injuries that are covered by workers compensation are ones that occur while a worker is completing a task or is walking through the job site. If a worker suffers an injury while on their break and was not doing work-related tasks, then their injury will not be covered. However, there are exemptions. If a worker was injured as a result of other workers’ activities, then they may be able to file a claim. 

Criminal Acts

Workers who sustain an injury while committing a crime are not eligible to file a workers compensation claim. This includes driving while under the influence and using illegal substances. An example is if a worker suffers an injury after assaulting a customer, or if a worker becomes injured after trying to steal a product at work. The worker can be barred from filing a claim if they have committed a crime, whether it was violent or not. 

It can be difficult to navigate the workers compensation system because it can be quite complex. Understanding how the system workers can be challenging, especially if your case is not straightforward. You should hire a workers compensation lawyer who has experience handling claims and have been able to help their clients recover the full compensation that they were entitled to. To learn more, schedule a consultation so that a lawyer can assess your case and explain next steps that you can take. 

What Kind of Cases Are Included in Personal Injury Law? 

Personal injury law is incredibly broad, as there are so many different types of accidents that can be included in these cases. You should always seek the assistance of an experienced personal injury lawyer, like one from Unidos Legales, if you think that you might have a case. We will go over some of the most common personal injury cases in this article. 

Slip and Fall Accidents

Slip and falls are one of the most common types of personal injury cases. Likely, the reason for this is that they can happen anywhere. The way for a slip and fall accident to go to court is if negligence was a factor in the fall. An example of this would be if a slippery floor was not properly labeled or if there is a hazardous object in the way that caused a person to fall. Anything that is not a normal, flat surface could constitute negligence on a pathway. 

Vehicle Accidents

Almost everyone drives a car or some kind of vehicle to get to work or run errands. There is a risk with this, however. Car accidents can range from incredibly mild to catastrophic. You should always be compensated for your injuries and any other damages from the accident. The at fault party needs to pay any expenses you have after the car accident. You should contact a lawyer before even speaking with an insurance agent regarding this, as insurance often does not give you as much as you deserve. 

Medical Malpractice 

It is important to seek compensation for a medical malpractice case not only to get all of your bills taken care of, but also in an attempt to prevent this from happening to anyone else in the future. You should seek legal representation from a personal injury lawyer who specializes in medical malpractice so that the at fault party does not get away with injuring you like that. 

Contact a Personal Injury Lawyer Today

You need to reach out to a personal injury lawyer as soon as you realize you might have a case. Not only will it be crucial to collect witness statements and any evidence in a timely manner, but it will also be important to make sure you get everything filed on time. Contact a personal injury law firm right away to set up a consultation with a lawyer. Consultations are typically free, then most personal injury lawyers work on a contingency fee basis, which means that the lawyer will only collect payment if they win your case. Reach out today to learn more. 

What Cases Can a Personal Injury Lawyer Help Me With?

A terrible personal injury accident can put your life on hold, due to the extensive physical and emotional damage. Depending on the severity of your injuries and the amount of expenses you are left with, you could face a number of struggles for the next several months following your accident. If you wish to recover compensation that can greatly reduce your financial burden, having a trusted lawyer at your side can be beneficial. They can be your legal advocate for a variety of personal injury cases.  

Pedestrian Accidents 

Accidents involving vehicles and pedestrians are all too common. You may be able to recover compensation if you were a pedestrian who had the right of way and was struck by a vehicle. 

Car Accidents

A person becomes injured due to a car accident every day, and it often is due to negligence or driver error. Personal injury lawyers assist victims who have been injured in an accident due to another driver’s actions. 

Product Liability 

Companies must ensure that the products that they put out in the market are safe to use and won’t cause consumers harm. With a lawyer’s help, you can file a lawsuit against a company and seek damages for injuries you sustained. 

Bicycle Accident

When a bicycle accident happens, it can result in the rider sustaining serious injuries. If another driver caused the accident which led to your injury, you can be eligible to recover compensation if you file a claim in time. 

Construction Accident 

Construction zones contain many types of hazards, so the chances of an accident occurring is high. If you were injured at a construction site, you may be eligible to claim damages if the site was not secured properly or the accident occurred due to the construction company’s negligence.

Dog Bite

When a dog owner is at fault for a dog bite incident, the injured victim may be able to recover compensation. Owners are liable if their dog bites another person or animal, causing serious injury. 

No matter what kind of injuries you have sustained, a lawyer can help you prepare a strong case so that you can maximize your compensation amount. Turning to a reputable and qualified personal injury lawyer like one from Therman Law Offices is a first step that you should consider. Don’t wait another day to learn about your legal rights. Learn more by scheduling a risk-free consultation now so you can get started. 

Wiseman Bray becomes Patterson Bray

Patterson Bray Logo

New Name, Continued Excellence on Your Behalf

The former law offices of Wiseman Bray Attorneys are proud to announce a new name, Patterson Bray PLLC, effective January 12, 2022. This name does not reflect a change in our management or services, rather it serves as recognition of the continuity of management structure and strategic problem solving that we’ve used to service our clients for many years.

In 2019, then partner Lang Wiseman took a position with the Governor’s office in Nashville, officially severing ties with the firm. While the Wiseman name remained on the masthead, Chris Patterson became the managing partner, leading the firm alongside Lindsay Jones and Larry Bray. This management structure has successfully served our many clients in Wealth and Probate, Personal Injury, Business and Commercial, Family Law, and many other practice areas.

As we move into year three of this structure, we are formalizing the change while also committing to our promise of strategic insight and representation, personal service and attention, and aggressive advocacy on behalf of our clients. We look forward to serving you and your legal needs as Patterson Bray PLLC.

Everything You Need to Know About a Hair Transplant After a Fire or Car Accident

When you think of a hair transplant, you might automatically think of an older man with a bare scalp. You would be surprised to find out that this procedure is not just for balding men! In fact, more and more women are choosing to have hair transplants every year. In addition, this treatment is used for all sorts of cases, such as for burn victims and people involved in car accidents that resulted in hair loss. A personal injury that caused hair loss is something that one did not plan for. Genetics are one thing and one can look forward to potentially losing hair;’ however, when you are badly burned and lose hair as a result, this can decrease confidence and cause much hardship. This also turns into a medical necessity to fix. This is why it’s important that if you see a hair loss professional, such as Dr. Robin Unger, you must notify your personal injury attorney and save all documentation for damages purposes.

What Is a Hair Transplant?

A hair transplant is a surgical procedure that transfers hair follicles from one part of your body to another. It is most commonly used to restore hair loss in the scalp, but can also be used to restore eyebrows, eyelashes, beard hair, and chest hair. In addition, patients involved in car wrecks or burn accidents have used this type of treatment to restore their hair in places where it was lost. The surgery is typically performed using local anesthesia and takes about four hours. Recovery time varies depending on the extent of the surgery but is typically one to two weeks. Results will be noticeable immediately following the procedure, but full results may not be seen for several months. 

During a hair transplant, the surgeon will remove a strip of hair from the back of your head. This strip of hair will be divided into small grafts, each containing one or two hairs. These grafts will then be transplanted to the bald or thinning areas of your scalp.

What are the benefits of getting a hair transplant?

When it comes to hair loss or being involved in a life changing accident that results in hair loss, there are a lot of myths and misconceptions out there. You may have heard that hair transplants are expensive and painful procedures with unpredictable results. However, the truth is that hair transplants can be an effective way to restore your hairline and improve your appearance.

Here are some of the benefits of getting a hair transplant:

1) You will get natural-looking results. A good hair transplant surgeon will carefully match the color and texture of your donor hair to the surrounding hair, so that the transplant looks completely natural.

2) The procedure is minimally invasive. Most people only require a local anesthetic, and the surgery takes about four hours to complete.

3) There is little downtime afterward. You can go back to work the next day and resume your normal activities.

4) You will gain back your confidence. Hair is that part of your body that is cherished, even without knowing it. Your hair belongs to you and for some, defines their character. When it is no longer there, a piece of that person fades. Gain your confidence back with these treatments. 

Hair transplants can restore hair loss due to male pattern baldness or female pattern baldness. They can also help to improve the appearance of hair loss, bald patches, and thinning hair. Hair transplants can also be used to fill in scars caused by accidents or surgery.

How to Prepare for Hair Transplant Surgery

Before your surgery, you will need to stop taking any blood-thinning medications, such as aspirin or ibuprofen. You will also be required to fast for eight hours before the surgery. You will need to bring a driver with you to the surgery, as you will not be able to drive yourself home.

What to Expect During Hair Transplant Surgery

The surgery will take between four and eight hours to complete. You will be given general anesthesia, so you will be asleep during the procedure. Once the surgery is completed, you will need to stay in the clinic overnight.

Once you have recovered from the surgery, you will be able to go back to your normal activities. However, you will need to avoid strenuous activity for at least two weeks after the surgery. You will also need to avoid washing your hair for the first three days after the surgery.

How to Get Help from a Brain Injury Lawyer

Because so many people suffer from traumatic injuries and require rehabilitation, it is no secret that most Americans cannot afford rehabilitation centers and rehab. Medicare, Medicaid and most insurance companies are going to cover the cost of green surgery, and any care that is required to save the patient’s life however after that point the benefits for rehab programs and brain injury physical therapy, are not covered.

Depending upon the type of service you are deceiving you may be paying $600-$8000 a day, and sadly your regular American cannot afford these prices. Because of his lack of coverage, thousands of brain injury patients are going to be discharged from their hospital after their lives are saved and they are out of danger, and they’re not going to get the follow-up care they need.

This means that these patients are left to their own devices in the critical months after brain injury and brain surgery, where they cannot afford to get treatment and they don’t. The brain is supposedly most receptive to healing the first few months after surgery, and this is according to the national Institute on disability and rehabilitation research. So not being able to get the help that they need, lose them with a less than ideal support system and healing structure.

About two thirds of all patients who are discharged from rehab are not going to get any further care after the 16 day treatment that is required. This means that patients without this intensive therapy may not recover for use of their limbs, their ability to speak, their ability to think clearly and much more.

Texas is one of the only states in the United States that require major insurers to cover all the rehab for brain injury. And according to the CDC, 1.7 million people suffered trauma to the brain each year in the United States alone. You may receive a brain injury from a vehicle accident, strokes, and assault, fall, gunshot wounds and sports related incident.

If you suffered a traumatic brain injury, you must speak with your brain injury lawyer, can help you seek the compensation that you deserve. If your brain injuries due to the negligence of somebody on the roadway or to somebody else’s negligence that caused an accident, then your compensation is just a matter of finding a lawyer to work your side.

Your brain injury lawyer is going to be your best bet for finding enough money to continue rehabilitation after the requirement that is covered by insurance.

Do I Need a Personal Injury Lawyer?

Do I Need a Personal Injury Lawyer?

After a serious accident, you probably have many questions. You may wonder what your recovery will look like and when you can return to work. You are likely also curious if you need a personal injury attorney. The quick answer is yes.

If an accident has left you injured, there are many reasons you should seek help. Keep reading to learn a few reasons why you should consider an injury lawyer to help you win your case.

Navigating Insurance Can Be Difficult

If you are hurt, and someone else is responsible, an attorney can help you get the response you need. Unfortunately, insurance companies know it is easier to take advantage of an unrepresented person. They might not take your claim seriously unless they know that an attorney is working on it.

An injury lawyer will care about what you need and not what the insurance company needs. An attorney can also tell you what the insurance company may have to pay if they don’t attend to your claim. If your claim needs to go to court, a lawyer can also represent you there.

Complex Cases Need Careful Help

There are many complexities in an injury case in which the specialized care of a lawyer may be necessary. Sometimes insurance providers deny claims, arguing that the injuries are not severe enough. In this case, you will need someone to affirm that your injuries are significant.

An attorney can help you find out what information the insurance company might need to approve your claim. They can also work with your doctors and specialists to highlight the importance of your case. Worst case, an experienced personal injury attorney can help you get a settlement or file an appeal.

Settlements Aren’t Always in Your Favor

Keep in mind that insurance companies seek to take full advantage of earnings and reduce losses. They want to pay as little as possible and close your case as quickly as they can. Don’t suffer the economic consequences of a poorly handled insurance claim.

Consider consulting a lawyer before you accept a settlement offer from the insurance company. They will tell you how much money you should get and what to do if someone offers an amount less than what you need. Some lawyers only profit if you profit, maximizing your chances of a positive outcome.

If you’ve been injured, consider hiring an attorney. A legal representative can minimize the stress of the challenging process and may help you achieve a positive outcome. If you believe you may have a cause for a personal injury lawsuit, set up a consultation with a personal injury lawyer as soon as possible.

Do It Yourself Legal Documents Can Cost You Big

Loved ones are fighting a prolonged court battle after the former Zappos.com Inc. CEO, Tony Hsieh, joined a long list of prominent celebrities who died without leaving a Will. As when Prince died without a Will, the court has said the CEO died intestate, the legal term used when someone died without a Will.  But courts can still determine that you died intestate even if you tried to draft your own Will.

We see many cases involving individuals who thought “drafting my own contract” or “drafting my own Will” sounded like a good plan.  There are many reasons you may want to draft your own contracts or create your own Will.  It can be a desire to maintain privacy and control, save money on attorney fees, or simply thinking you don’t have enough assets to justify the costs.  Unfortunately, he pitfalls of drafting your own contracts or drafting your own Will are numerous.

 


Common problems with drafting your own contracts can include:

 

    • Failing to Account for Licensing Requirements – Many industries have specific requirements for licensing that come with specific statutory limitations and consequences. Failing to account for these can result in an unenforceable contract, jeopardize your license, or require you to double pay for services.  https://pattersonbray.com/construction-contract-proper-license/
    • Paying More After the Other Party Breaks the Contract – If someone fails to live up to their end of the bargain, you can take them to court. But you’ll still have to pay your attorney out of pocket, even if you win.  An experienced small business attorney can make sure your contracts give you the best chance of recovering your attorney fees after you win.  https://pattersonbray.com/small-business-tip-contracts-attorney-fees/
    • Failing to Use the “Magic Words” – If you don’t clearly spell out your intentions in a contract, then you run the risk of having a judge decide what your agreement means. Some types of contracts are required to be made in writing for this very reason.  A few types take this a step further and require precise words to be used in order for the contract to be enforceable.  Knowing the different standards can be the difference between your small business’s “big break” and a piece of scrap paper. https://pattersonbray.com/get-it-in-writing-a-handshake-probably-wont-do/

 


Common problems with drafting your own Will can include:

 

 

Do it yourself legal documents come with a cost.  Avoid the dangers of do it yourself legal documents by checking out our team at Patterson Bray for your small business or estate planning needs.  Please call us at 901-372-5003 or email us here. We have offices in Memphis and Nashville TN.