What Legal Recourse Do Parents Have For Their Child’s Birth Injuries?

What Legal Recourse Do Parents Have For Their Child’s Birth Injuries?

There is nothing more devastating for parents to find out their newborn has suffered an injury during birth caused by the negligence of medical professionals. A birth injury lawyer understands that devastation and will work diligently to get families the justice they deserve.

Although some injuries are unavoidable, many others are caused by medical negligence during the mother’s pregnancy, labor, delivery, or post-delivery. The most common types of birth injuries include the following:

Brachial Plexus Injuries

The group of nerves that controls the muscles in the shoulder, arms, elbows, wrists, and hands is called the brachial plexus. If these nerves are damaged during labor or delivery, the baby can suffer paralysis and weakness. This injury can for a few months, up to the rest of their lives. Injuries to the brachial plexus can occur if the doctor pulls too hard on the baby’s shoulders or head during delivery or incorrectly uses forceps or a vacuum. It can also occur if the doctor proceeds with a breech birth (feet first) despite knowing the consequences.

Cerebral Palsy

Cerebral palsy can occur when the baby does not get enough oxygen. Babies who suffer birth trauma that leaves them with cerebral palsy are left with permanent injuries, including muscle spasms, weakened muscles, and impaired motor function. Many victims also suffer from impaired speech, vision, hearing, and seizures.

A birth injury lawyer knows that cerebral palsy is completely avoidable in many cases when it is the direct result of medical professionals failing to recognize the baby is not getting enough oxygen during labor or delivery, fails to see that the baby was tangled up in the umbilical cord, failure to perform a C-section when necessary, failure to diagnose the baby has jaundice, and failure to use medical equipment carefully during the delivery.

Klumpke’s Palsy

If the doctor pulls the baby out of the birth canal by an arm that the baby has extended above the head, this can cause nerve damage to the lower area of the brachial plexus. This injury can cause complete loss of feeling in the arm or hand, muscle atrophy, drooping eyelids on one side of the face, and stiffness in joints.

Intracranial Hemorrhages

Intracranial hemorrhages are also referred to as brain bleeds. These injuries can cause damage to the brain, nerves, bones, and spine. There are four types of hemorrhages a baby can suffer:

  • Cerebral hemorrhage: Bleeding in the brain
  • Intraventricular hemorrhage: Bleeding into the area where spinal fluid is produced (ventricular system)
  • Subarachnoid hemorrhage: Bleeding between most inner membranes of the brain.
  • Subdural hemorrhage: Bleeding from a ruptured blood vessel

Contact a Personal Injury Law Firm Today

If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact an attorney, like a birth injury lawyer from a law firm like Wieand Law Firm LLC.

Top Myths And Misconceptions About Medical Malpractice 

Top Myths And Misconceptions About Medical Malpractice 

You’ve probably seen on TV these lavish and big medical malpractice dramas that happen. This type of case is rarely what it looks like on TV. In fact, most of the time these cases are shrouded in mystery because unless there is a huge payout, or it deals with a celebrity, you can expect it not to be in the media. 

With such a thing, there are some myths that are running rampant with it. It can lead many people to believe that these cases are just people hoping to get rich quickly. If you have a medical malpractice case then talking to a lawyer to help dissolve some of these myths is often in your best interest. Here are the most common myths: 

  • Most Medical Malpractice Claims are Frivolous 

The truth is, this just isn’t the case. While the United States has been known as a sue-happy society, this doesn’t mean that medical malpractice claims are just people seeking revenge for being unhappy. In fact, only about 3 percent of all lawsuits filed would be considered frivolous. This means that for the most part, medical malpractice cases are ones filed by those who have truly suffered. 

  • Medical Malpractice Victoties Result in Huge Payouts 

This myth is also false. Fewer than 1 percent of medical malpractice claims result in awards over a million dollars. Most people are only compensated for their medical bills. It often depends on the case but there are times some are compensated for lost wages but often this isn’t the case. 

  • All Medical Malpractice Cases are Filed for Money

It might come as a shock but most cases are filed because people want answers. Filing for a case forces the medical professionals who made mistakes to testify or be deposed. For some, this is the only way they can get answers on what went wrong and why. It also brings to light to not let the medical professional make the same mistake twice. 

  •  Medical Malpractice Claims Cause Health Care Costs to Rise 

This is yet another myth that simply just isn’t true. The reality is that health care costs have risen but medical malpractice claims have actually decreased. The rising cost of health care and health insurance is not because of medical malpractice claims. While it would be easy to blame this, it simply isn’t true. 

  • Medical Errors Are Realistic and Expected 

While there are complications that can occur it doesn’t mean that malpractice happened. Doctors are meant to provide you with the utmost care and when that isn’t given, and errors happen that could have been prevented, that is where malpractice comes in. It is the error that could have been avoided that is key in differing between a complication and a malpractice suit. 

If you have been injured at the hands of a medical professional then contacting a medical malpractice lawyer, like our friends at Disparti Law Group, can help you sort out any questions you may have and help you get the compensation you deserve. 

Medical Malpractice: Are You a Victim?

Medical Malpractice Lawyer

When a health care provider fails to conform to accepted standards of medical practice, it is considered medical malpractice. However, identifying whether or not a health care provider is guilty of medical malpractice can be a complicated issue, as the criteria for whether or not a health care provider is guilty are not always so clear-cut.

Nevertheless, if a health care provider’s negligence led to injury or death, or if he or she provided a substandard quality of care, then the provider may be liable for medical malpractice. And as a medical malpractice lawyer from a firm like the Law Office of Daniel E. Stuart, P.A. can explain, holding a health care provider accountable for substandard (or hazardous) treatment can get you the compensation and justice you deserve.

Did the Provider’s Actions Result in Degraded Health?

If you believe that you may be a victim of medical malpractice, yet you do not display significant health issues as a result of the malpractice, then you may not have a case for medical malpractice. It is necessary that you display actual damages that have resulted from the health care provider’s substandard quality of care. For instance, if you experience persistent suffering and/or are in substantial pain, then you may have a case for medical malpractice.

If you do experience significant damages as a result of a health care provider’s negligence, you should consider filing a lawsuit. Although such an undertaking can be an emotionally demanding task, it is important that you seek the justice you deserve. Many cases of medical malpractice occur each year without any repercussions, as many victims of medical malpractice fail to file a lawsuit. Unfortunately, health care providers who are guilty face no consequences, and the victims are left without having sought proper justice.  

Did The Provider’s Actions Result in Considerable Loss of Income?

Another way in which you may be a victim of medical malpractice is if your ability to work is impacted by a health care provider’s substandard quality of care. In this case, your quality of life is diminished since you are no longer able to work to acquire the necessary income to support yourself. Such a situation also qualifies as a damaging consequence of medical negligence.

For example, if the health care that you received resulted in you being unable to perform tasks required of you for your job, then regardless of whether or not you are in pain, you still are experiencing significant distress. If this is the case, then you may be a victim of medical malpractice.

If you believe that you may be a victim of medical malpractice, contact a lawyer to begin seeking the justice you deserve.

Hair Loss Doctor NYC - woman shocked looking at hair brush

Top 5 Signs Your Hair is in Trouble

Hair Loss Doctor

Hair loss is a stressful and emotional experience. Unfortunately, it is an all too common one, affecting 80 million men and women in the US. While hair loss can be a normal part of the aging process, there are other signs that may suggest you are experiencing abnormal hair loss and could benefit from seeing a hair loss specialist.

Please keep in mind that these are general observations and only a qualified hair loss doctor like Dr. Robin Unger can determine if your hair loss is abnormal or not.

If you’re experiencing any of these signs, you need to visit the hair loss doctor for an evaluation:

  • Your scalp has more visible skin showing through your hair
  • Thinning hair on top of your head
  • You’re finding more hair on your pillow than usual when you wake up in the morning.
  • Your ponytail is smaller than it used to be
  • Shedding more than 100 strands per day

The first step to solving any problem is admitting you have one. But even though hair loss is a common issue, many men and women are hesitant to admit that they may be dealing with this issue. If any of these signs sound familiar, it might be time to talk to a hair loss Doctor like Dr. Robin Unger.

The Signs Are Obvious

If your hair loss is beyond the point of no return, the problems will be obvious, and the solutions will be limited. If the signs are obvious, you should always consult a professional for help and advice. No matter how much hair you lost, there’s always something that can be done about it.

The Signs Are Subtle or Unclear

On the other hand, if your hair loss is at a more subtle stage — or if you’re not even sure what’s going on — don’t wait until things are clearly past the point of no return. Even if it’s not clear that you’re losing hair, consulting a professional for advice can help prevent more serious issues in the future.

You’re Experiencing Hair Loss on Multiple Fronts

We all shed strands from our brushes and combs. After all, it’s normal to lose 50-100 hairs per day as part of the natural process of new growth and shedding old hairs. But if you’re noticing more strands in your brush or comb than usual, that can mean something is wrong.

Excessive shedding is one of the earliest signs of hair loss. If you notice clumps of hair in your shower drain, or if the amount of hair on your pillow seems excessive, this could be a sign of a problem. You can also use a small comb to pull out hairs from different areas of your scalp and see if pulling more than 20-50 hairs at once causes an area on your scalp to become bald.

Even if you’re not sure whether you’re experiencing hair loss, chances are good that you’ll know if your hair is thinning or falling out. Contacting a hair loss doctor like Dr. Robin Unger is the first step to curing hair loss. 

What to Do Following a Car Accident - Wooden referee hammer and car keys

What to Do Following a Car Accident

Car Accident Lawyer

Following a car accident of any magnitude, you’re sure to suffer from the initial shock and you may not know what to immediately do. While car accidents can be extremely stressful, there are some steps you should take following a car accident. Taking these steps will both help you deal with the immediate aftermath and help you file your claim/lawsuit. 

Your and Others’ Safety is Always the First Concern 

The first thing you should do following a car accident is to make sure that there are no major injuries sustained to yourself or other parties. While you might be tempted to survey the damages inflicted to your vehicle, first check to make sure that all parties are okay. 

Even if you don’t have any immediate injuries or the injuries you have are minor (such as a small bruise or cut), some injuries are internal. That’s why you’ll want to call 911 and have them dispatch EMTs and a police officer. It’s recommended to wait until your condition is checked by a medical professional before undertaking further steps. 

Start Gathering Evidence 

You’ll want to gather evidence either after talking to a police officer or shortly before. While some evidence you may only be able to gather or finalize after leaving the scene, some evidence you can gather immediately. Evidence to gather both during and after may include: 

  • Photographs of physical injuries sustained to you or other parties 
  • The damage inflicted on both vehicles
  • Testimonies from parties involved including your own
  • The other party’s information such as name, phone number, address, make and model of their vehicle, etc. 
  • If the other party’s vehicle involved was part of a company or governmental entity, information such as the name of their supervisor, their job’s address, and phone number
  • A copy of your police report and medical report 
  • If applicable, CCTV footage of the incident 

Should You File a Claim or Lawsuit? 

Chances are that following the accident that your next step will be to file a claim through the other party’s insurance company. Sometimes this can be fruitful and can result in a timely settlement that adequately covers both immediate and future expenses. 

Other times, however, you may have trouble negotiating with the other party’s insurance company, they may deny your claim, or they may offer a settlement that doesn’t begin to cover what you need. That’s why having an attorney on your side can make a huge difference. They can fight on your behalf, negotiate with the insurance companies, and apply legal pressure when needed. Some ways an attorney can help include: 

  • Help gather crucial pieces of evidence including testimonies given by medical experts or accident reconstructionists
  • Help ensure you receive compensation under categories like economic, non-economic, and punitive damages
  • Ensure that you properly file your claim and/or lawsuit
  • Apply legal pressure when needed

Dealing with a car accident can be a traumatic event. However, having a car accident lawyer on your side can make the process easier. Our friends at Therman Law Offices, LTD can help. 

Benefits Of Chiropractic Billing System

It’s no secret that running a chiropractic practice is no easy task. Chiropractic treatments usually take longer and require frequent visitations and a result of that is that it can be hard to keep up with other tasks. One of the biggest issues to keep up with is medical billing and coding regulations that are always changing in the chiropractic and pain management arena. There’s a mound of administrative work in the daily routine of a chiropractic practice which can make it difficult for a lot of practices to focus on medical billing.

This is where chiropractic billing service comes into play. There are many benefits that are simply impossible without chiropractic billing services.

Benefits of Chiropractic Billing Services 

If you aren’t sure if a chiropractic billing service is right for you, here are some of the benefits that come along with using one.

Improved Billing Compliance 

Medical billing compliance means that healthcare practices have set up a program to run the practice according to the regulations set forth by the United States Office of Inspector General (OIG). These medical billing compliances are designed to prevent fraud and abuse by healthcare providers. When you are the owner of a practice, you must be well aware of the basics of compliance as even simple billing or coding mistakes might trigger penalties under the False Claims Act.

A chiropractic billing service is always up-to-date on the latest amendments to regulations that go on in the medical field. This means that the medical billing experts from these companies have sufficient experience to know how and when non-compliant activities can be detected and prevent them from affecting filings.

Faster Reimbursements 

Many practice owners only focus on submitting claims with the correct data and expect the insurance companies will reimburse them quickly. However, medical billing is not as simple as that. Submitting accurate claims is just one step in the medical billing process. You have to follow up on submitted claims and have constant communication with payers for the denied claims. Such a delicate follow-up process ensures faster reimbursements which may not be possible with in-house billing staff.

You may have experienced staff and chiropractor billing services, but they may not be aware of payer-specific billing and coding guidelines. A chiropractic billing company can handle the medical claims and find a quick resolution to get you a quicker reimbursement. This leaves your in-house staff to handle other issues and not have to worry about constantly doing follow-ups.

Running a chiropractic practice isn’t easy. If you want a simpler way to handle your billing, then finding the best chiropractic billing service should be on the top of your list.

How Will Statutes of Limitations Impact a Lawsuit?

In most states, you only have a certain period of time from the date of an accident or injury to file a lawsuit. The timeframe is referred to as the statute of limitations. The federal government and each state have different deadlines for different types of courts cases, both civil and criminal. Keep reading for more information on how statutes of limitations could impact your lawsuit.

Pay Attention to Dates

No matter what the statute of limitations is in your state, you must have your court case initiated by that deadline or risk losing the right to file a lawsuit over that specific incident. In most circumstances, the clock for statutes of limitations begins on the date that the accident occurred. However, in some cases, if you were unaware of your injury initially you may be able to start the clock from the date you became aware of your condition.

Keep Your Options Open

Lawsuits in court are subject to the statute of limitations deadlines, but insurance claims are not. In many situations, an insurance policy was held by the at-fault party that may apply to the injury you sustained. Although a large percentage of personal injury lawsuits are settled out of court, it is still beneficial to get the ball rolling on your claim within the statutory deadline. This will leave you with the option of going through the court system if necessary. It could also leave you with a bargaining tool as you negotiate with the other party about the damages you are owed.

Understand the Exceptions

Certain circumstances warrant extended statutes of limitations, depending on your state of residence. Those situations include when a minor was injured, when the defendant vacated the state after the incident or when the injured became mentally incapacitated for a certain period of time. You will need documentation showing that these extenuating circumstances applied in your case in order to take advantage of extending or altogether different statutory deadlines.

Know the Possibilities

Although statutes of limitations vary by state, they are typically between one and six years for personal injury lawsuits. This is because over time documentation can be lost and eyewitnesses can lose the ability to correctly recall events when they took place years in the past.

Contact a wrongful death attorney like the wrongful death lawyers, like those at Saavedra Law Firm, PLC, to learn more.

Safety Tips and Facts for Driving During the Winter Season

Safety Tips and Facts for Driving During the Winter Season

rear end car accidentDriving during the winter season can be harrowing and dangerous for travelers on the road. According to The U.S. Department of Transportation, each year, 24 percent of weather-related vehicle crashes occur on snowy, slushy, or icy pavement and 15 percent happen during snowfall or sleet. In addition to those numbers, roughly 1,300 people are killed and more than 116,800 people are injured in vehicle crashes annually due to these winter conditions on the roads. During this time of the year, it is important to know the safety tips to ensure you and your vehicle are prepared for the winter weather driving. Our friends from Schehr Law, PLLC have provided some safety tips below.

Car Maintenance During Winter

Driving during the winter season comes with a lot of challenges. In order to reduce any issues that may occur along the way, it is important to keep your vehicle in good working order and make any necessary changes for the winter.

Battery

It is important to make sure your battery is strong and does not need to be replaced. All batteries have a different CCA. This refers to the temperature at which the battery can start an engine in cold temperatures. Cars sold in colder areas will be equipped with a stock battery with a higher CCA since the car will be expected to start in extremely cold temperatures.

Typical “Cold Cranking Amps” figures can range from 400 – 750 A in a typical automotive battery. It is extremely necessary to make sure your car is equipped with the correct battery for the type of weather your car will be in. Switching out your battery is an easy and quick process.

Lights

Check all lights before driving, this includes headlights, emergency hazards, blinkers, taillights, brake lights, and parking lights. This is necessary before driving at any time, in any weather condition. Driving without working lights will increase your chances of being involved in an accident.

Tires

Having good traction and tread wear on tires is essential for driving during the winter. In many places across the U.S., winter tires are used in areas that receive large amounts of snow every year. Winter tires have deeper tread depths which help reduce snow buildup and provide better traction on the snow. All-season radial tires should only be used in locations that receive light snowfall on occasion. In some instances, there may not be enough traction on your tires when trying to drive in snow, in this case, snow chains or even studded tires can be used. Make sure to check tire pressure, tire balance, and wheel alignment frequently before driving in the snow.

Windshield Wipers

Make sure your windshield wipers work effectively and are not worn out and old. During a snowstorm, it is essential to have working wipers in order to see, without them it makes driving close to impossible. Check your windshield wiper fluid reservoir and ensure that antifreeze wiper fluid is filled to a decent amount. Summer wiper fluid easily freezes and won’t be able to be used in colder temperatures. De-Icing windshield fluid is necessary for areas with extreme cold. It is protected up to -40°F, won’t freeze, and can melt away a thin layer of ice on your windshield.

Driving During Winter Season

Before going out onto the roads, check the forecast of the area around you. If the forecast does not look great, it might be best to wait to travel if possible. If you must travel, make sure your vehicle is prepared for the snow. Before leaving warm up the car outside of the garage before driving and ensure everything is running properly. In the meantime, brush and scrape off all snow and ice from the car and make sure all windows are cleared off. Wipe off camera lenses and side mirrors to better help see the area around you.

When on the roads, drive slowly and follow the speed of other drivers on the road, it is a good idea to increase the following distance between you and other cars to allow for a stop to be made if needed. On roads that are covered in ice, it is harder to slow down, slowing down earlier than you think will help prevent skids. When going uphill on an icy road, do not stop if possible. Stopping will lock the tires and cause the car to slide back down the hill. Remember to always be cautious and aware of all surroundings when driving.

Long-Distance Trips

To prepare for long-distance trips, check the weather before starting your drive and plan the best time to leave. Before leaving, make sure someone is aware of the route and trip you are taking in case of an emergency. Plan fuel stops along the way so running out of gas along the way isn’t an option and fill up as soon as you can when your tank starts to get low. Try not to travel alone, long road trips while snowing can be tiring. Falling asleep at the wheel is dangerous and can put your own and other people’s lives in danger. Having another person to switch driving with can help prevent accidents.

  • If you do find yourself in the situation where you are stuck:
    • Stay in your vehicle
    • Turn on hazards to be easily seen from the road
    • Contact authorities to inform them of your situation
    • Stay warm
    • Use as little fuel as possible and start your car every 20 minutes
    • Pack a winter driving kit

Winter Driving Kit

In an instance where you get stuck in a snowstorm for a long period of time, it is helpful to have a winter driving kit in the trunk of your car for emergencies.

  • To be packed in the kit includes:
    • Snow chains
    • Tow rope
    • Snowbrush and scraper
    • Small shovel
    • Jumper cables
    • Extra windshield wiper fluid
    • Flashlight
    • Blanket
    • Warm jacket, pants, gloves
    • First aid kit
    • Food and water

If you find yourself involved in a car accident due to inclement weather, you will want to contact a personal injury attorney to provide legal advice and options.

 

What if You Were Injured While Volunteering?

Typically, when you’re injured on the job, you have access to workers’ compensation that will cover the costs of most treatments or lost wages. However, if you’re a volunteer, the situation may be drastically different. 

Retaining a workers’ compensation lawyer  is the best thing you can do to protect your legal rights. A legal team, like Hurwitz, Whitcher, & Molloy, LLP, is there to help you and your loved ones through this difficult time. 

Nonprofit Volunteer Insurance

A company’s coverage requirements change from state to state, but in most cases, workers’ compensation is reserved only for those who are paid employees of a company. This means that those who work for free or for minimal benefits may have to seek out compensation via alternative channels. Some companies such as nonprofit organizations use volunteer work regularly and may elect to add an accident medical reimbursement policy to their insurance package in order to protect their volunteers. This policy is designed to cover any medical bills you may incur after being injured while volunteering. It’s riskier for high-functioning nonprofits to not protect their workers, so the chance of you being covered by a larger non-profit greatly increases.

Personal Coverage

Unfortunately, in many cases, the onus is on the volunteer. It can be expensive to provide coverage for volunteers, and many companies will want to take the cost-effective route. Prior to volunteering, you may be asked to provide proof of insurance or sign waivers mitigating the company’s responsibility. In the event of an injury, you will have to handle your case through your own insurance.

Premises Liability Claim

If the owner of the premises (namely the company or the nonprofit organization) provided unsafe circumstances that resulted in an injury, you may be able to file a personal injury claim known as premises liability. The validity of a premises liability claim is dependent on the owner’s negligence. Simply being injured on their property is not enough, nor is working through unsafe conditions. You’ll have to prove that the property owner either created unsafe conditions or knew about the unsafe conditions and did nothing to correct them. 

There are many types of premises liability claims, such as:

  • Slip and falls
  • Lack of building or property maintenance
  • Accidents caused by unaddressed weather hazards
  • Improper security that led to an assault
  • Accidents involving machinery such as elevators or amusement park rides

Premises liability cases are typically pursued by one-time customers, but even regular volunteer workers may be subject to the negligence of a company. If you feel that your injury resulted in the action or inaction of the company you volunteer for, contact an expert attorney as soon as possible. They may help you secure the appropriate benefits and, if need be, assist you in filing a lawsuit.

Lawsuits and Using Social Media

The use of social media has continued to grow exponentially throughout recent years. Many individuals rely on these platforms to regularly stay connected with friends, family, and colleagues. The ability to quickly share personal information through posts, pictures and private messaging often draws the attention of individuals looking to reach a large audience. Although individuals attempt to publicize content that only shows them in a positive manner and accurately mirrors their personality, social media users can also inadvertently create damaging content that puts their character into question. When dealing with a lawsuit, individuals may want to ensure that nothing appears on social media that can potentially be used to discredit their case.

Lack Appropriate Context

The use of social media is an easy way to illustrate the adage that “a picture is worth a thousand words.” When posting pictures to social media, many individuals often forgo the use of lengthy verbiage to explain their content. This leaves interpretation up to the reader. If an individual doesn’t convey relevant information pertaining to the date, location, and intent of the picture, other individuals may perceive the content as something entirely different than what was intended. Messaging that may seem obvious to the person posting the content on social media may be read differently by the person on the receiving end. Given that the success of a lawsuit can be influenced by perception, it is essential to avoid publishing any content that doesn’t provide adequate context and has the potential to be misinterpreted.

Damage Case

Social media can be used to shine a light on an individual’s deceptions or wrongdoings. Combing through an individual’s social media accounts is something that can easily be done by an investigator or opposing counsel to gather evidence that may contradict previously stated claims. Pictures, posts or messages that may negate the severity of an injury or the time in which it took place can be used to prove that false claims regarding damages were reported. Such an occurrence may therefore put an individual’s credibility into question. Due to the fact that an individual cannot control how friends may react to or comment on posts, cutting out the use of social media would assist in eliminating any incriminating information that a third party might provide.

When filing a lawsuit, it is essential that an individual know how to properly go about handling their case. Contact a personal injury lawyer from a firm like Greenspan & Greenspan P.C.to discuss how the presence of social media may interfere with any legal proceedings.