April 2019

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Causes of Misdiagnoses

Categories:

Medical Malpractice Lawyer

A misdiagnosis is one of the most common types of medical malpractice and can result in injury or even death to a patient. If a doctor diagnoses a patient with the wrong condition, the patient will take the wrong treatment and the actual disease can continue to progress. Finding out that you have been wrongly diagnosed by a medical professional can be devastating. It’s important to talk about your legal options with a medical malpractice lawyer.

Here are some of the most common causes of misdiagnoses.

Failure to Order the Proper Testing

Medical tests are typically the most effective way to properly diagnose various health conditions. Doctors generally order tests based on the symptoms a patient is experiencing. However, the actual disease a patient has can be missed if the doctor only orders tests based on just the symptoms the patient is describing. It’s a good idea for a doctor to always order multiple tests to make the correct diagnosis

Symptoms Are Similar to Other Conditions

Unfortunately, there are many health conditions out there that have very similar symptoms. This can confuse doctors and cause them to make the wrong diagnosis. For example, fibromyalgia commonly gets misdiagnosed as chronic fatigue syndrome and rheumatoid arthritis. If a doctor believes that a patient has a minor condition, they may not do any further testing. The patient could turn out to have a much more serious condition. Once the patient finds out their true condition, it may be too late for treatment.

Improper Training for Advanced Diseases

There are countless medical conditions that can affect people and not all doctors are aware of all the rare and advanced diseases out there. They might confuse the symptoms of a rare disease with a more common medical condition. It’s important for doctors to continuously educate themselves about all the different diseases out there to reduce the chances of misdiagnosing someone.

Doctor May Be Overworked or Fatigued

Being in the medical field can be incredibly demanding and tiring. Many doctors are overworked and complain of fatigue. Unfortunately, when a doctor is overworked, they are unable to concentrate as well and can are more likely to make serious mistakes. It’s vital for doctors to take proper breaks throughout the day and get enough sleep to avoid becoming too fatigued.

Consulting With a Medical Malpractice Lawyer

If you’ve recently been misdiagnosed, you should speak to an experienced medical malpractice lawyer Phoenix, AZ trusts as soon as possible. An attorney can understand how terrifying it can be to get diagnosed with the wrong condition and want to help you get justice. Attorneys have helped many medical malpractice victims receive compensation in the past and possess the knowledge and skills to guide you through this difficult time. Lawyers will review your case, help you gather evidence, negotiate with insurance companies and ensure your legal rights are protected.


 

Thanks to Rispoli Law, PLLC for their insight into medical malpractice and causes of misdiagnoses.

What Physical and Mental Abuse Looks Like in Nursing Home Facilities

Categories:

Personal Injury Attorney

Relatives of a senior loved one may at one point realize that placing him or her into a nursing home facility is the only way to provide around-the-clock care. Not all families have the time and space to tend to an aging loved one to the extent that he or she needs. Before placing a relative into a nursing home, perform thorough research on a prospective facility and any past lawsuits. It is estimated that one in every three nursing home facilities have had infractions related to abuse or neglect. There is a chance that your senior relative is at-risk for suffering from mistreatment.

If you suspect that abuse or neglect has happened to your senior relative who is currently in a nursing home, please contact an attorney immediately. When concerned family members meet with us, one of their first questions is how to tell if mistreatment is actually happening. This is what physical and mental abuse in a nursing home may look like:

Unexplained and Mysterious Marks

When visiting your loved one, we encourage family members to examine their senior relative as long as he or she is comfortable. Areas where abuse is more likely to be inflicted are those not readily visible, such as the back, feet, upper thighs, abdomen and underarms. Your relative may have wounds from overuse of restraints, bruises from assault, or other marks that go unexplained. If you inquire with staff about how these marks happened and no one can provide an answer (including your loved one), it may be time to call an attorney for help.

Appearing Unkempt and Malnourished

Staff members who become frustrated with senior residents, may intentionally fail to provide three meals a day, administer necessary medications, offer vitamins, and anything else related to health. Additionally, caregivers may leave a resident with dirty blankets or soiled clothing for an extended period of time.

In some cases, a resident that was diagnosed with a certain illness may have symptoms related to appearing weak or losing weight. However, if this is not true for your relative then please consider investigating further. An attorney can offer advice on how to do this in such a way that is discreet, yet preparing for a lawsuit if needed.

Behavior and Mood Changes

If your loved one showed up to a nursing home in relatively positive spirits and has since become withdrawn, frightened, anxious, depressed, or on-edge, do not take these changes lightly. Keep in mind that many senior loved ones may go through difficulties while transitioning into a nursing home environment. But, it is important to make sure he or she is receiving support and that abuse or neglect is not actually the root cause of personality changes.

If any of this information applies to your elderly loved one’s situation, please call for a consultation with an personal injury lawyer Deer Park, TX offers. They can understand that this may seem like an overwhelming process, but can guide you every step of the way as you seek justice for your relative.


 

Thanks to John K. Zaid & Associates for their insight into personal injury claims and what physical and mental abuse looks like in nursing homes.

Which Property is Probate Property?

Categories:

Estate Lawyer

Probate property may be a term you’ve heard a few times. But what does it really mean? Let’s break it down. To understand the term probate property, you must first understand probate.

What is Probate?

Probate is the court-supervised process of proving the validity of a Will. When someone dies and they leave a Will behind, the court must determine the Will is valid. Once it is verified, the desires and the instructions of the deceased may be carried out by an appointed Executor (also known as a Personal Representative).  This usually involves distributing the deceased’s property to the people specified to inherit it in the Will.

If someone dies without a Will, their properties and assets must still go through probate before it can be distributed to the heirs. This is called an Intestate Probate. There is no need to prove the validity of any estate planning documents, but there is a need to clarify the succession of heirs for the court. Each state has a different “intestate succession” laws, but usually the order is as follows:

spouse à children à parents à parent’s descendants (siblings)à grandparentsà the state

Probate Property

Any property being distributed via the probate process is probate property. This can apply to both real and personal properties. This does not mean, however, that each of Grandma’s porcelain figurines will be going through probate. Most states have laws and dollar limits on what qualifies a property or asset to go through probate. Think big-ticket items, like the following assets:

  •   Real property (homes, vacant land)
  •   Automobiles
  •   Bank Accounts

Exception: if the above assets are held jointly, for example with a spouse, then often that property passes directly to the spouse, no probate needed.

Non-Probate Property

Luckily, many assets are not subject to probate if precautionary steps are taken. For example, bank accounts, life insurance policies, and retirement accounts usually have Payable-On-Death (POD) beneficiary designations. This means that you can formally designate the beneficiary of that account while you are still alive. Upon your death, that asset will pass directly to the beneficiary you named, instead of being subject to probate.

Do you need Probate?

Probate gets a bad rap because it can be expensive, stressful, and time-consuming. The good news is that there are ways to set up your estate to avoid probate as much as possible. If a family member of yours has recently passed, or if you want to learn more about how your family can avoid probate upon your passing, consider meeting with an estate lawyer Phoenix, AZ offers.

Thanks to Kamper Estrada, LLC for their insight into estate planning and probate.

DUI Arrests: Who Files Charges?

Categories:

DUI Attorney

DUI arrests are among some of the most serious charges in terms of driving violations. The justice system takes these charges seriously. If you or a loved one has been arrested for a DUI, you may be wondering what the process will be. Who files the charges? What happens next? Here’s your guide to a DUI arrest.

Who Files Charges?

Following a DUI arrest, a person us booked and issued a citation to appear before a judge. Following, he or she is released. The court date that you are given has everything to do with the court’s calendar. This does not mean that the charges have been filed. The district attorney files the charges against the person who committed the DUI. Sometimes, it can take up to a year for those charges to be formally filed. If you aren’t charged right away, the prosecutor’s office may have backlog or the prosecutor may still be investigating your charge.

It is always the district attorney that prosecutes and files these charges. If you were arrested for a DUI, then you can count on charges being filed. DUIs are taken very seriously by the court system and you can’t expect that it’s forgotten about. In fact, many people get in trouble for believing that the system forgot about their case.

What Happens Once Filed?

Once charges are filed, if it’s past the original court date, you will receive a new court date. If your court date passes with no formal charges, you do not have to appear in before the judge on the date issued by the station. The judge needs the formal charges to proceed with the case. Once filed, you will receive a notice that you need to appear before a judge. If you do not appear on that date, there may be a bench warrant issued for your arrest.

Keep in mind that this can happen even if you move homes in the time that it takes for the prosecutor to file charges. It’s crucial that you have a forwarding address and keep up with the case. If you fail to see the notice, you still have to go to your court date.

If you’re facing a DUI, you need to remember that these are serious charges. Not only should you have a lawyer willing to work with you on a case, but the lawyer will help you make sure that you don’t miss your court date for any reason. If you’re facing DUI charges, speak to a DUI attorney in DC today!

Thanks to The Lawfirm of Frederick J. Brynn, P.C. for their insight into criminal defense and DUI arrests.

Hair Treatments for Accident Victims

Categories:

PRP for Hair Loss

If you have accident-related hair loss, you may be overwhelmed and wondering what to do. Every time you look in the mirror or run your fingers through your hair you are reminded of the incident. Perhaps you were in an accident that was someone else’s fault, or there was negligence. Consequently, you may be considering a hair restoration treatment, like platelet-rich plasma (PRP) therapy, but are eager to know if the cost of treatment is included in the accident-related damages.

If you’re already working with an attorney on filing a personal injury claim, you’ll likely want to let them know about your accident-induced hair loss. And you may want to choose a hair treatment doctor who can provide the needed support to help justify your need for hair replacement.

PRP Therapy for Hair Growth

PRP is gaining more and more popularity around the world within the last few years. PRP may be an ideal treatment option for hair loss, as it has numerous scientifically-backed reports of its efficacy. It’s been shown to increase hair thickness and hair count, and extend the growth phase of the hair cycle.

The liquid portion of blood, called the plasma, contains platelets which have abundant growth factors. Growth factors are substances that play the role of messengers, signaling cellular function. They have been used in medicine to treat a wide range of health issues, including arthritis, degenerative joints and discs, and other signs of aging. For people with thinning hair, growth factors can enhance, activate, and stimulate the activity of the hair follicles and that leads to new hair growth.

Hair starts growing from a root in the bottom of a hair follicle. The hair root is made up of cells laden with protein. Blood vessels in the scalp feed the root, which creates more protein-packed hair cells and causes the hair to grow. PRP can promote a healthy scalp and hair follicles, leading to hair growth.

PRP Therapy: The Process

There is a meticulous process involved in using PRP for hair regrowth. It starts with a standard blood draw from a vein in the patient’s arm. Next, the tube of blood is placed into a machine called a centrifuge, which spins the blood tube at a high velocity. The centrifugal force created by the high-speed spinning pushes heavier materials to the outside, so separates the red blood cells from the plasma.

The plasma portion, which is rich in platelets and growth factors, is then injected with a small needle directly into the scalp at the level of the hair follicles. The entire procedure typically takes less than an hour from start-to-finish.

PRP Therapy Is Safe and Effective

For the most part, there’s little risk associated with PRP. Both women and men experiencing hair loss are typically good candidates for PRP therapies. It seems to work particularly well for people with early hair loss and androgenic alopecia, which is a hereditary type of patterned hair thinning. People who have lost or thinning hair as a result of an accident or injury may benefit as well.

If you’re curious to know if PRP therapy can help with your hair loss situation, schedule a consultation with a hair treatment doctor to get personalized answers to your questions and concerns.

Resources:

Wikipedia, Hair Treatment

Dr. Robin Unger, MD, PRP for Hair Loss NYC

Different Jaw and Facial Injuries You Can Sustain in a Car Accident

Categories:

Invisalign

If you have recently been in a car accident, you know that the injuries you can sustain to your jaw, teeth, and face can be severe. In fact, if your injuries go untreated and you do not see an orthodontist right away, you could be living with permanent disfigurement or damage for the rest of your life. In fact, these kinds of injuries may be apparent physically, but they can also have mental, emotional, and financial consequences as well. If you are going through the recovery process after a car accident and sustained jaw or facial injuries, speak with an orthodontist as soon as possible to see how they can help relieve your pain and get you on the road to recovery. The sooner you call, the sooner they can help.

What kinds of dental injuries can you sustain?

Dental injuries are extremely common in car accidents and can be very mild or even severe. Even if you only have a mild dental injury, it is important to see your orthodontist as soon as possible so that they can fix the damage before it causes other long-term problems. When you get into a car accident, it is extremely common that you may:

  • Hit the side of your head on the window.
  • Hit your head on the steering wheel.
  • Hit your head on the dashboard.
  • Come into contact with the airbag.

When one of these scenarios happens, it is possible to chip, fracture, break, or get an avulsed tooth. When this happens, your orthodontist can likely fix these mild injuries with:

  • Root Canals
  • Caps or Crowns
  • Veneers
  • Braces
  • Implants

While these may seem like minor injuries, you should still get them checked as soon as possible so your orthodontist can fix them.

Jaw Injuries

Because whiplash is a common injury after a car accident, it is possible to also get temporomandibular joint pain (TMJ). This jaw injury—and others—can happen when you hit the dashboard or when the airbag impacts your face. Your orthodontist can help you recover through bite guards, headgear, surgery, and recommending specific liquid diets. Depending on how severe your jaw injury is, you may only need a liquid diet with painkillers. However, the more severe the injury, the more likely your orthodontist will need to perform surgery to realign your jaw.

Facial Injuries

Similar to jaw injuries, you may suffer from facial injuries as a result of hitting the car or another object in your car upon impact. If this happens, you might sustain cuts, bruises, are damage to the bones around your mouth. When this is the case, you may need your orthodontist to make different incisions around your jaw to carefully reposition any broken bones.

It is important to seek help from your orthodontist after an accident like this so you can get the proper treatment and so they can help document your injuries for your legal claim.

Resources:

Wikipedia, Dental Care

Alliance Dentistry, Invisalign Morrisville