FAQ: Birth Injury Rights

FAQ: Birth Injury Rights

A birth injury occurs when bodily damage is caused to a newborn before, during or after being born. Legally, a birth injury can refer to injuries sustained while in the pregnancy stage as well. Below, we go over common questions patients may have when it comes to information and legalities surrounding birth injuries.

What are Birth Injury Conditions?

There are many scenarios and injuries that can be associated with poor medical practices. The most common birth injuries can include the following:

• • Brachial Plexus Injury (Erb’s or Klumpke’s Palsy)

• • Cerebral Palsy (impaired motor function)

• • Spina Bifida (failure of embryonic neural tube to seal before birth)

• • Premature Birth (due to overdose of folic acid)

• • Cerebral Ischemia (reduced blood flow)

• • Pulmonary Hypertension (difficulty breathing)

• • Cephalohematoma (bleeding surrounding skull due to improper use of forceps or other birthing tools)

• Intellectual Disability (due to trauma during labor or delivery)

What are Signs My Doctor is At-Fault?

If any of the above birth injury conditions were diagnosed of your baby, your doctor or medical team may be at fault. Additionally, if you witness bruises, swelling, unusual bleeding, cuts, and/or fractures on your newborn after delivery, improper practices may have occurred.

How Can I Seek Compensation?

You can seek the professional advice of an experienced birth injury attorney  trusts to evaluate your circumstances. By providing as much detail and evidence as possible about what happened, your attorney can help you decide if you have a solid case against your doctor or medical provider. If the complications that arose could have been prevented, it is possible you were treated in a negligent or reckless manner during pregnancy or delivery by hospital staff members.

What are Some Harmful, Yet Preventable Actions?

A birth injury of an infant can be preventable. The most common behaviors committed by staff during pregnancy or delivery can include:

• • Twisting, pulling or moving infant improperly during birth

• • Negligent handling and usage of tools that assist with delivery (forceps, vacuum extraction tools)

• • Administration of incorrect type or amount of medication to mother during the pregnancy stage or delivery period

• • Failure to observe the infant for distress or irregular/fading heartbeat

• Failure to schedule and promptly perform an emergency C-section

Are There Any Future Consequences?

Due to the seriousness and severity of injuries your newborn can sustain due to a medical malpractice, there may be future long-term impacts. Some signs of further medical issues include:

• • Decrease in Stamina & Strength

• • Impairment of Cognition

• • Impairment of Emotions

• • Failure of Bone Structure to Develop Correctly

• • Joint Dysfunctions or Osteoarthritis

• • Psychological Problems

• • Lack Of or Decrease in Nerve Sensations

• Learning Difficulties in School

It is important to find legal representation if you believe your baby could have suffered from medical negligence or malpractice during any stage of your pregnancy. By using the above information as a guide, it can help you decide if your medical team could have been at fault.

Applying for Disability Benefits After Fighting Lyme Disease

Applying for Disability Benefits After Fighting Lyme Disease

You probably already know that Lyme Disease is a bacterial infection transmitted by a deer tick bite. You may also know that Lyme Disease may remiss and then exacerbate later on and that someone infected with Lyme Disease may be facing symptoms that leave them unable to maintain employment. If you cannot work due to your symptoms and are deciding if you should apply for disability, read the general information below to gauge your situation.
Symptoms of Lyme Disease Can Disable
The severity of Lyme Disease SYmptoms can vary between the afflicted, but there are some general symptoms that present themselves in three stages. They tend to get worse as they go untreated, so be sure to visit a physician right away.

STAGE ONE: DAYS TO WEEKS AFTER BITE

1. 1. Symptoms begin to appear.

1. 1. Headache, body ache, and flu-like symptoms begin to present themselves.

1. There is a telltale bulls eye rash that typically develops where the bite occurred at this stage.

STAGE TWO:  WEEKS TO MONTHS AFTER BITE

1. 1. More severe muscle pain begins accompanied by joint and tendon pain.

1. 1. Muscle control of the face decreases.

1. 1. Dizziness, shooting pain, heart problems, sleeplessness, and changing mental state are all developing at this stage.

1. Encephalitis, or swelling of the brain, can begin to cause memory loss, mood shifts and changes in sleeping patterns.

STAGE THREE: MONTHS TO YEARS AFTER BITE

1. 1. The neurological system is beginning to experience serious chronic symptoms.

1. Two illnesses may develop at this stage:

Lyme Encephalopathy: causes issues with concentration and short term memory loss.

Chronic Encephalomyelitis: causes cognitive issues, impacted ability to walk and move facial muscles, vertigo, overall pain and bladder incontinence.

How Symptoms Influence Ability to Work

An experienced attorney can inform you that these symptoms and others not listed here can significantly change your ability to perform daily tasks. Besides physical symptoms, the mental toll is expressed through changes in your emotional state, a detachment from reality, increased anxiety, delusions and more. You may even have difficulty doing things like making plans and scheduling, or remembering things in the short term.

Lyme Disease is not listed in the Social Security Blue Book of impairments. This means it will be difficult to convince Social Security that you deserve benefits and you will probably not get an automatic approval like someone would if they met a listed condition.

What Our Legal Team Can Do For You

Lyme Disease Symptoms cause many limitations that are obvious to sufferers. However, it may be difficult to convince Social Security by yourself. Our team has gone through the process before and can direct you when filling out paperwork and assure you have completed it thoroughly and properly. If you have never done this before, it is best to have someone on your side to guide you through the process.

If you have suffered disabling symptoms of Lyme Disease and are unable to work, contact an experienced lawyer such as the social security lawyer Memphis TN locals turn to. Do not be intimidated by Social Security.

Thanks to authors at Darrel Castle & Associates PLLC for insight into Disability Law.

Wheelchair Bound Victim of Diving Neck Accident Sues Tour Operator

Wheelchair Bound Victim of Diving Neck Accident Sues Tour Operator

Owning a pool has its own shares of responsibilities such as preventing someone from drowning.  The National Safety Council reports that almost 80 percent of all reported drowning incidents occur in residential pools and spas. As a result, anyone who owns a swimming pool risks facing lawsuits once an individual gets injured in or near the pool. However, what if you are not a pool owner but rather a tour guide introducing clients to a pool?  Apparently, you too can be liable for any injury accrued as a result of use of a pool, at least in the United Kingdom.

Cory Peyton was a 15 year old teenager when he hit his head on the bottom of an indoor pool at the Holiday Village resort in Albfeira, Portugal.  Peyton states that he was “trying to teach a girl to dive” and while demonstrating a diving method, struck his head in what he reports as a “shallow” pool.  His head injury resulted in severe consequences, leaving him paralyzed in a wheelchair since the 2013 incident. Cory’s lawyers are now blaming the staff of the Holiday Village for the accident, stating that the resort “encouraged holidaymakers, including children and young persons to dive into shallow water” through its “dangerous” pool games they organized.

The target of Peyton’s lawsuit is Holiday Village’s parent owner TUI UK Ltd, who provided the holiday package to Peyton and his family.  Cory Peyton is demanding that TUI UK Ltd. provide massive financial responsibility for the incident. However, the TUI’s lawyers argue that there was an obvious and very strict “no diving policy” implemented at all of their resorts.  The resort’s lawyers continue their argument, stating the tour operators there had also relied on the many “no diving signs” located all over and around the pool to notify pool users of the prohibitive nature of diving in the pool. The victim’s lawyers argue otherwise.

Stephen Killalea, one of Peyton’s lawyers, continues his argument that because resort staff members continued to encourage the use of diving in their poolside games, they had “rendered such (no diving) signs as there were irrelevant and of no effect.”  Furthermore, Mr. Killalea claimed that the staff had failed to demonstrate reasonable proper care and skill in response to the safety of Cory Peyton, allowing him to dive in the shallow area of the indoor when it could have been easily prevented by the staff.  As a result, Peyton’s claim is likely to be worth several millions due to his age at the time of the accident (13 years old) as well as the severity of his injuries.

Burns in a Restaurant

Burns in a Restaurant

Everyone has enjoyed food or drink from cafeteria, restaurant, or any other establishment that welcomes patrons of food and beverage.  With this knowledge the establishment is aware that they have a responsibility to ensure that all that they have to offer is safe for their customers as well as their staff.  One of the most serious and painful injuries a person can suffer from are severe burns.  Considering severe burns can affect your physical appearance and your health. Severe burns from liquids that include soup, coffee, wax, etc., can damage several layers of the skin causing possible nerve damage. Because burns are treated in a burn center, a victim with a severe case may have surmountable medical bills; it’s always best to know your rights.

Those that experience severe burns are subjected to plastic surgery and skin grafts and they may have to live with the risk of infections, even after the time of the accident. Victims often have inoperable scarring that results in them having to limit their time in the sun. Victims also are at a higher rate for skin cancer, opening the door to sometimes countless procedures and treatments for an ailment for which they may not be at fault. For example, if you are shopping in a store and you are exposed to any hazardous material that subsequently causes you harm, please seek medical attention and think about what’s next once you are seen by a doctor.

While some may attempt to trivialize your wounds because they are not industrial plant explosions, numerous cases where serious burns occur are likely second or third degree burns. The worst of these injuries can require extensive reconstructive surgery. An accidental spill of any hot food or beverage can result in severe burns and permanent nerve damage. Burn injuries arising from explosions and fires can result in expensive medical bills, missed time from work and lengthy, painful recovery times. What can make these dangerous, painful injuries so hard to deal with is that the majority of burn injuries are caused by the negligence of others.

If you or someone you know has recently been involved in an incident where they were burned by food or drink due to the malfeasance of another, you may need to speak with an attorney, like a personal injury lawyer Dekalb County GA residents turn to.  Attorneys are trained professionals and are available at your convenience to discuss your rights. There is nothing wrong with taking the time to find out what, if anything can be done.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into personal injury practice.

Best Practices for Reporting a Car Accident

Best Practices for Reporting a Car Accident

Being in a car accident can be stressful and unexpected which means that it can be that much harder to gather your wits together after one and report the accident, as a car accident lawyer knows all too well. Obviously, a major accident will result in the police showing up and preparing a police report about the accident.  Here’s what you need to know about contacting the police regardless of the type of accident you have.

Is it always necessary to contact the police about an accident? The short answer is yes.  Some states require that the police be contacted whenever there is an accident.  Even if there is no state requirement to contact the police, calling the police and letting them decide whether to come fulfills your obligation in terms of at least notifying the police that an accident occurred. That being said, some accidents are just so minor that it would be a waste of everyone’s time to call the police, especially if the damage is very minor and there are no injuries.

When is a police report of the accident required? Again, this depends on the state in which the accident occurred which in turn sets various limits of injury and property damage before they require a report to be filed. For example, if no one has more than $1,000 in damage, some states may not require a police report to be filed. Other states’ thresholds are higher or lower, so it really depends.

The thing is it’s still a really good idea to get a police report of the accident because even if the state does not require that a report be filed, you never know what may happen later on.  There are some injuries that are legitimately not evident at the time of the accident or in the immediate aftermath. Having an accident report completed by the police can be really helpful when those aches start appearing later on because it can either support or disclaim the newly found injuries.

Police reports are very valuable in litigation, especially if your minor fender bender is now being characterized by the other driver as a full-on t-boning complete with whiplash and vague back problems. A detailed police report can stop this money grab in its tracks and be an insurance policy itself.  

Speaking of insurance companies, many of them will require that you have some sort of police report to corroborate the damages you are asking the insurance company to pay to fix.  So, the moral of this story is, get a police report.

What happens if the police don’t come out? Remember this mostly depends upon the nature of the accident – a fender-bender versus a double head-on collision – and the injuries and damages that have occurred. It is always a good idea to call the police, however, and report the accident and let them make the determination of whether they are going to come out.  If they do not decide to come out, document that as well as the damage and the information from the other driver.  Find witnesses, since their independent third party information can be valuable if there is later litigation. Get photographs and video of the scene and the damage. Then, take all of this to the police and file a report as soon as possible.  

Why You Should Have a Will

Why You Should Have a Will

You don’t have to be wealthy to have a will. In fact, it’s beneficial for many people to have a will in place. It will protect your loved ones and ensure that your wishes are carried out after you die. Here are several reasons why you should have a will:

Your Assets Will Go to the Right People

When you draft a will, you can include which relatives you want to inherit your assets when you die. Without a will in place, there’s no guarantee that your belongings will go to the people you want to have them. This can create a lot of fights among family members.

You Can Prevent a Long Probate Process

All estate plans have to go through a probate process before assets can be distributed to beneficiaries. However, the process can be drastically shortened if there is a will in place. Instead of taking over a year, the probate process could be completed in just a few months. Your beneficiaries will be happier to receive their inheritances earlier.

You Can Decide Who Will Care for Your Minor Children

You love your children with all your heart and you want someone you trust to take care of them if you die suddenly. That’s one of the most important reasons to have a solid will in place. In your will, you can name the person you want to raise your minor children if you die. If you don’t have a will, the court may appoint a guardian you don’t want to care for your kids.

You Can Choose an Executor

In your will, you will also be able to appoint an executor of your estate. This person will be responsible for distributing your assets and making sure all of your affairs in order. This is a huge job, so it’s essential to pick someone who is trustworthy and responsible. Be sure to notify the person that you want him or her to be your executor.

You Can Disinherit Individuals

A will also allows you to disinherit who may otherwise inherit your assets upon your death. For example, if you don’t have a will in place, your ex-spouse may end up with your estate.

You Can Relieve Your Loved Ones of Additional Burden

Your loved ones will already be upset about your passing. You do not want to leave them with the extra burden of planning and paying for your funeral when they are grieving. In your will, you can state exactly how you want your funeral service and cremation or burial carried out.

As you can see, there are many good reasons to have a will. It’s never too early to draft one. Creating a will can be a complex process, so it may be necessary to hire a reputable estate planning attorney. He or she can ensure all of your wishes are included in the document. Make an appointment with a wills and trusts lawyer recommends today to get the process started.

How do I sue a business for a slip and fall accident?

What You Should Know About Slip and Fall Situations

Have you ever experienced a slip and fall situation in a store or business? Were you browsing the aisles considering which breakfast cereal to purchase and suddenly find yourself losing your balance and landing on a wet floor? Clearly an employee had been mopping up a spill, but the employee and a warning “wet floor” sign are absent from the scene. You could have a case to sue for financial compensation for your injuries. There are steps you need to take to follow through with this decision to pursue a case:

1. 1. You should immediately contact the store owner or manager of the property of your accident and explain the circumstances revolving around the occurrence. Document their responses and have them sign the documentation if they are willing. Some stores will actually have you fill out their own incident reports.  

1. 1. Visit your doctor for an exam and take a copy of the results. This will become your evidence that an injury occurred and that you have a basis to claim compensation. It is extremely crucial to document the injuries from the fall!

1. Make sure to gather all relevant evidence including contacting any witnesses that saw you fall and ask for their account. Take photos of the location and the hazard that caused the accident. There is no such thing as too much evidence, all of it can only strengthen your case

After you collect the necessary components of evidence, you must be able to prove that the accident occurred due to negligence and prove that the establishment is liable for your injuries.

How to Determine Negligence

You must be able to prove the business acted negligently and you were injured as a result. This is the first aspect of your case that must be considered before moving further. Per the above example, there are a few questions to determine whether or not the store was negligent.

• • Why was the floor slippery?

• • Was a wet floor sign or other indicator present when you fell? (This is where location photographs are important!)

• Was an employee aware that the floor was slippery before you were injured?

Liability

Finding out the exact answers to the questions above can help you determine exactly what happened and why it happened which can point to liability for the fall. The store owner can be deemed liable if negligence is determined–like not having a sign for a wet floor that has just been mopped! However, if the wet floor is due to something like a leaky ceiling or pipe, it may be negligence on the part of the landlord or property manager.  

Get a Lawyer

You don’t have to do all of this alone! Hiring a personal injury lawyer such as the personal injury lawyer  locals trust is your final step after completing the steps above. With a significant amount of evidence, you could succeed in being compensated for your accident. This is possibly the most important step on your way to recovery, so do not hesitate to contact an experienced attorney to guide you through a slip and fall lawsuit.

Proving Negligence in a Trip and Fall Case

Trip and Fall Cases

Trip and fall cases represent a large proportion of personal injury cases and for good reason, as a personal injury lawyer  trusts can attest. People trip and fall all the time resulting in injuries and damages. The question, however, of whether that trip and fall translates into a settlement depends solely on whether the case can be proven. This may be straightforward in a trip and fall case, and it may not be.

The law of torts – that is injuries to others – establishes that to have a successful trip and fall claim, the plaintiff must show that the person who had control of the premises upon which they tripped had a duty to keep the premises clear, they breached that duty, the breach was the proximate cause of the plaintiff’s fall, and the plaintiff suffered injuries as a result. These four elements are known as duty, breach, causation, and injury. All four have to be proven to show negligence.

Duty:  The duty owed here is one of care to keep the property safe and free of obvious hazards. The level of the duty ranges from none to simple to strict and depends upon the nature of the relationship between the owner of the land and the person visiting it. A landlord owes no duty of care to someone who trespasses on their land. A person who is visiting a home at the invitation of the owner can expect a simple duty of care. A contractor or garage sale customer can expect an even higher level of care.

Breach of the duty: The person who breaches the duty is the landowner, not the individual who is injured. This is because the duty of care rests mainly with the landowner since it is his property and he has control over it, hazards and all. A landowner will be found to have breached their duty of care if they fail to take reasonable measures to keep the property safe. This means, they don’t fix the hole in the porch or replace the rotting step or they fail to clean up a spill. It is also when they fail to warn about these hazards, which may or may not be obvious. The law does recognize that the person who is injured may contribute to their accident, by, for example, moving the warning sign and forging ahead onto the unstable steps. This is known as contributory negligence and can be used to offset the negligence of the landowner.

Causation: It is not enough that there was a duty owed and that duty was breached. If the breach of that duty cannot be directly linked to the injury to the plaintiff, there can be no negligence. This is commonly known as the “but for” provision, as in, but for the unrepaired stair step, the plaintiff would not have fallen through the stair.

Injury: Even having the first three elements is not enough if the plaintiff is not injured. Of course, it is always possible that there is some injury, no matter how small or insignificant. Whether that injury is of the level that would warrant recovery is another story. Getting a splinter from the untreated door is not the same as breaking a leg falling through an unmarked hole in the ground.

Ways to Simplify Probate

Ways to Simplify Probate

Losing a loved one can be emotionally taxing. There are legal obligations associated with the deceased’s property. Determining their wishes can appear to be a daunting task without a previously arranged estate plan or will. Resolving these legal and financial affairs can be stressful and tedious. However, there are options to allow for a smooth probate process.The court can legitimize a will so the property and money can be easily distributed to the closest relatives or beneficiaries.Although, in larger cases where the estate is significant, or the will is opposed by an outsider, the probate process can be costly.

How Can I Prevent a Costly Probate Process?

The common solution to automatically avoid probate is to create a will or living trust whereby you transfer ownership of property and assets to an established beneficiary or beneficiaries. This will inhibit the need for probate altogether. After you pass away, the beneficiary is given legal authority to distribute your assets in whatever manner they deem appropriate. After this trust is established and you pass away, your assets and property no longer legally belong to you or your estate. Understand that while some assets are included within the trust, it is possible for them to be subjected to estate taxes. Generally, the deceased’s husband or wife shares joint ownership, however, it isn’t mandatory nor is it always the case. In some instances, a close friend shares joint custody of the deceased’s property. Once the individual passes, the other joint owner of the asset will be awarded sole ownership. Even though this is one avenue to determine how your assets are allocated after death, it isn’t the only option.

It’s common for individuals to divide their estate in a written will. This is an excellent avenue to explore when considering how your assets will be allocated. With this will, you have the opportunity to gift various beneficiaries with specific assets. However, it should be noted that when gifting costly items the government may impose gift taxes on the assets. It is required for beneficiaries to be designate prior to passing for retirement accounts and insurance policies to award the funds to the beneficiaries. Government issued identification must be presented for the beneficiary to collect, along with the deceased’s death certificate.

Speak With an Attorney

An estate planning attorney such as the estate planning attorney  who specializes in the field will have the knowledge to help you understand your estate options. They should be familiar with the laws specific to your state and will provide you with the steps necessary to comply with legal requirements.

The Possible Consequences of Post-Traumatic Stress Disorder

What is PTSD?

A traumatic event can affect your life for a long time. You may even get diagnosed with Post-Traumatic Stress Disorder (PTSD), which can lead to potentially severe physical and/or mental manifestations.

In these cases, individuals may need to hire a personal injury attorney to help them obtain financial assistance for their condition. Let’s take a look at some further information about PTSD and legal steps victims have to take to receive compensation.

How Is One Diagnosed with PTSD?

Not everyone who experiences a stressful event and has backflashes are diagnosed with PTSD. People with PTSD experience:

• • Reexperiencing symptoms: Individuals with these symptoms may have flashbacks and nightmares.

• • Avoidance symptoms: People with avoidance symptoms avoid anything that reminds them of the traumatic event they experienced.

• • Triggered or reactive symptoms: With triggered and reactive symptoms, individuals may become anxious or excited easily. They may also have trouble sleeping and get angry.

• Cognition and mood symptoms: Individuals who go through cognition and mood symptoms may experience depression, have trouble concentrating and not have as much interest in daily activities.

Formal Diagnosis

In order to get diagnosed with PTSD, a person has to for at least one month display:

• • One re-experiencing symptom

• • One avoidance and trigger symptom

• • Two trigger symptoms

• Two cognition and mood manifestations.

Can You Receive Benefits If You Have PTSD?

PTSD sufferers are commonly awarded social security disability. In order to receive these benefits, the Social Security Administration requires for the applicant to prove he or she experiences most of these symptoms:

• • He or she can’t adapt to different environments or complete everyday activities, like cooking, cleaning and dressing.

• • He or she can’t learn, understand or remember new information

• • He or she is unable to interact with other people

• He or she can’t concentrate long enough to complete basic tasks

There are some people with PTSD who don’t face these challenges because they reside in a medically supervised and guarded facility. These individuals can still receive social security disability if they prove they’ve had PTSD for at least two years, will require ongoing medical treatment and aren’t capable of living in a less supervised environment.

Individuals who don’t meet these requirements may still be able to receive disability payments through medical-vocational allowance, which is determined on a person’s age, employment history, education and functional capacity.

If you think your PTSD was caused by another person’s negligence, you may want to schedule a consultation with an experienced personal injury lawyer such as the personal injury lawyer  locals trust.