24/7 Live Call Answering

(470) 558-0495

Category: Uncategorized

Personal Injury – Birth Injury

The birth of a child is the most joyous event most parents will ever experience. While this is traditionally a very auspicious occasion, for some happy parents, their joy is marred by physical injury or deformity directly related to the birthing process. More than four million children are born each year in the U.S. For some, serious developmental issues or even death may result. A birth injury is defined as any damage or injury to the infant’s body occurring before, during, or slightly after the child’s birth. Birth injuries vary from minor, easily resolved issues to issues so severe the infant does not survive. Complications of pregnancy or labor such as prolonged labor, where the baby is unusually small or large or when the baby is in a difficult position during labor and delivery, can bring about difficulties for a newborn.

A birth injury is a devastating event that can leave parents with anguish, financial hardship and vexing questions. How did this happen? Could it have been prevented. While some birth injuries are the result of unforeseeable complications beyond anyone’s control, many are the direct result of negligence on the part of doctors, nurses and other medical professionals charged with caring for mother and child prior to during and after childbirth. Some of the most common types of birth injuries include:

  • Asphyxia: Cerebral palsy and other birth defects are caused by lack of oxygen to the brain, also known as asphyxia.
  • Broken bones: A broken bone during childbirth can leave the child with permanent disabilities, requiring ongoing and expensive medical treatment.
  • Brachial plexus injuries: Erb’s palsy and other serious conditions are caused by damage to brachial plexus, the network of nerves between the neck and the shoulder.
  • Spinal cord injuries: An injury to the spinal cord can leave the child with a lifetime of disability and may require physical therapy, rehabilitation and adaptive equipment. Infant back and neck injuries are sometimes caused by misuse of forceps and other medical errors.

Despite all of the necessary care being taken to ensure that all births go on without a hitch, there are instances for one reason or another that does not make this so.  It is the desire of every parent to have a healthy baby, however, accidents and malpractice does happen. If you or someone you know has been the victim of circumstances similar to the ones previously mentioned, please contact an attorney, like a personal injury lawyer Atlanta GA can trust, to better understand your rights and the rights of your child.  

 

 

Thanks to contributor Andrew R. Lynch, P.C. for their insight into birth related injury cases.

Should I seek out a medical malpractice lawyer if I have suffered from a medication error?

When your doctor, pharmacist, nurse anesthetist, or other medical staff member gives you a medication that harms you rather than helps you, a medical malpractice attorney should be consulted.

Medication is prescribed to treat or prevent an illness or disease. When a patient is given the wrong medication or dosage, the damages can be devastating. Serious injuries, permanent disability, and death have been caused by a medication error, especially when a painkiller, anticoagulant, antidepressant, sedative, or antibiotic is involved.

Passionate medical malpractice lawyers near you should be dedicated to helping clients get through what might be a very dark period in their life. They should understand that you might feel scared, confused, and upset. You might have a lot of unanswered questions while also being pressurized by the insurance company to settle as fast as possible, and without a lawyer. You do not have to go through this alone.If you or a loved one has suffered harm because of an alleged medication error, let a medical malpractice law firm help you to be your guide and legal advocate for a medical malpractice claim.

 

Common Medication Errors

The opportunities for an error to occur during prescribing, formulating, dispensing, or administering a medication can be vast. For example a doctor distracted with other thoughts might prescribe a medication that interacts badly with another medication being taken by the patient. A nurse anesthetist might administer too much or too little anesthesia to a patient causing pain, cardiac arrest, or death. As a medical malpractice lawyer, we have handled cases that involve:

 

Stevens – Johnson Syndrome

Stevens – Johnson Syndrome is a very serious medication induced rare skin disorder that causes the dermal and epidermal layers of the skin to separate and blister. SJS also affects the mucous membranes and causes internal blistering. It is thought that SJS is a very severe reaction to medications including those for gout, pain relievers, sulfa antibiotics, seizure medications, and more. In certain circumstances, you may be able to pursue a medical malpractice claim after be affected by SJS.

 

When You Are a Victim of a Medication Mistake

A medication error can cause pain, suffering, disability, and death. Financial losses, mental trauma, emotional stress, and loss of consortium might also be a factor in these types of ases. If you suffered harm because a of a medication error, you should consult a medical malpractice lawyer as soon as possible.

 

Medical Malpractice Victims Should Come First

For decades, skilled medical malpractice law firms have been advocating for victims and their families after being injured by a medication error. Although they cannot turn back time, they remain committed to delivering results that can help to make a difference in our client’s life. If you would like to learn more about a firm and their legal services, call a medical malpractice lawyer today.

Six Contributing Factors of Fatal Rear-End Crashes

An experienced attorney, like the skilled Auto Accident Lawyers Indianapolis, IN trust, devote a good deal of their practice to representing victims injured in rear-end collisions. According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes account for approximately one-third of all collisions.

In a study conducted by the National Highway Traffic Safety Administration (NHTSA), the factors contributing to fatal rear-end crashes in light vehicles and motorcycles were analyzed. Here are some of their findings:

  1.     In 27 of the 38 cases reviewed, the speed of the striking vehicle was the primary factor contributing to the fatalities.
  2.     The highest secondary factor contributing to 18 (48%) of 38 fatalities was the size of the striking vehicle in relationship to the lead vehicle; thirteen or 37% of the cases involved truck-trailer underride.
  3.     The highest secondary event contributing to the fatalities was the involvement of multiple vehicles in 4 of the cases; followed by the third highest event of post-crash fire in 3 of the cases studied.
  4.     In fourteen of the thirty-eight cases reviewed (37%), alcohol was a significant factor.
  5.     Improper restraint was responsible for the fatalities in 11.4% of the cases studied with the size of the lead vehicle (similar size or smaller than) relative to the striking vehicle
  6.     A medical condition accounted for one occupant’s death or .03%.

Based upon the data assessment, NHTSA concluded deployment of collision warning systems in future vehicles would save lives. Since this report was published, both front and rear warning systems are becoming standard equipment in all newer vehicles making our roads a much safer place to be.

Hire a Dedicated Car Accident Attorney

When you hire a car accident attorney who limits their legal practice to the recovery of compensation for injured clients, your claim may be worth much more than you realize. I am always taken aback when I hear from injured people who thought they could maximize their compensation by negotiating and settling their own injury claims. When matters become complex and start to go awry, people seek the counsel of competent legal representation.

An experienced car accident attorney has made injury law their life-study by staying current on local, state and federal legislation and regulations that may affect the financial recovery of their injured clients. A dedicated personal injury attorney studies current Court of Appeals and Supreme Court opinions to fully grasp the issues and evaluate the merits of each and every potential client’s claim. All cases differ by the facts. And unless you can put your trust into the hands of a skilled accident attorney, what you don’t know about the law and civil procedure may negatively affect your case.

 

 

Personal Injury In An Uber Accident

An experienced uber accident lawyer can help you determine your rights if you’re injured in an Uber or Lyft accident.

Uber and Lyft accidents are occurring more and more frequently as rideshare technology becomes increasingly popular. However, the laws regarding Uber and Lyft accident is relatively new and still evolving. For this reason, you will want to speak with a personal injury lawyer who regularly handles Lyft and Uber accidents and is up do date on the applicable law. 

Rideshare companies including Lyft and Uber are required to carry certain minimum levels of insurance. This insurance may help pay for medical bills, pain and suffering, as well as other economic and noneconomic damages that occur in an accident. An experienced lawyer can help you determine what coverages are available to you if you are injured in a crash.

What should I do if I’m involved in an Uber or Lyft Accident?

If you are hurt in an accident, try to get as much information as possible. This includes your uber drivers name, insurance information and make and model of the car. In addition, try to get the other driver’s contact and insurance informant. Take photographs of the accident scene. If police come, ask for the police report DC #. If there are witnesses, request their name, address, telephone and email address. This may be important information in the event you need to litigate a claim.

At your earliest opportunity consult with an attorney. Experienced personal injury lawyers can help guide you through the claims process and make sure you don’t succumb to pitfalls along the way.

Go to the hospital if you believe you need medical treatment. Do not avoid medical treatment for fear that you will be stuck with an expensive ambulance or emergency bill. Automobile insurance policies provide PIP coverage which is meant to protect you and pay for emergency treatment after an accident.

Your ride-share app may request that you report the accident to Uber or Lyft. It is recommend that you hold off reporting accident details until after you consult with an attorney. The insurance companies for Lyft and Uber, similar to other auto insurance companies, want to minimize the amount of money paid out in the event of the accident. They will try to trick you into making statements against your interest while you are in shock after an accident. Therefore, it is recommended that you consult with an attorney after a crash who can represent your interests when providing a statement or information to an insurance company.

 

Disclaimer: This article is for informational purposes only and is not legal advice. It may not be up to date or contain errors.

Family Suing American Airlines After New Bride’s Tragic Death

Nurse.org is reporting that the survivors of 25-year-old nurse Brittany Oswell have begun a wrongful death claim against American Airlines in connection with her April 15, 2016 death while on a plane.

On the date in question, the young nurse became ill while flying on an American Airlines flight from Hawaii to South Carolina. She was returning from her honeymoon with her new husband, Cory. According to the lawsuit filed, Oswell became disoriented and dizzy on the trip, fainting while the plane was midair. A doctor on the plane examined her and believed she was having a panic attack at the time.

Around one to three hours after the assessment by the doctor, her husband found her on the floor in the plane bathroom, where she had vomited. The doctor tried to take her blood pressure, and she briefly regained consciousness while he was doing so. When the plane neared Albuquerque, New Mexico, the doctor asked the crew to land at the nearest airport possible, and he reportedly made this request three times. Allegedly, the pilot spoke to another doctor and decided the plane would not be diverted. Instead, it flew for another hour and a half to the airport at Dallas-Forth Worth, Texas, its original destination.

Shortly after the plane resumed its trip, Oswell became unconscious again. The doctor could not find a pulse and took emergency actions, including CPR, defibrillation and the administration of epinephrine. Court documents state the defibrillator failed to administer a shock and the young nurse never regained consciousness during this time. She was taken to Baylor Medical Center in Dallas, where she was pronounced brain dead and died three days later. According to reports, Oswell suffered a massive pulmonary embolism and her heart was unable to pump enough blood throughout her body.

In the wrongful death claim, her family alleges that American Airlines’ failure to divert the plane and make a landing as soon as possible resulted in Oswell not receiving proper care in a timely manner, which ultimately led to her death. It also cites the fact there was no properly functioning medical equipment on her flight.

Tina Starks, Oswell’s mother, says the family felt the matter was not taken seriously. She noted her daughter is no longer with her family, and it’s because a person made a business decision to keep a plane flying when Oswell needed emergency medical care the airline staff could not provide because of inadequacies on the plane itself.

American Airlines has since released a statement about the tragic incident, saying that their prayers and thoughts are with Oswell’s family at this time. The company also reiterated that passenger safety is something they take very seriously, and that the details of the complaint are being investigated.

When one party behaves negligently toward another party, losses, injury and even death can result. If you have lost a loved one due to the actions or inaction of another entity or person, speak to an experienced attorney, like personal injury lawyer, about your case.

 

Reckless Driving Charges in the Event of an Accident

If you were at fault in an accident and charged with reckless driving, you likely have a number of questions about what you can expect as your criminal case progresses. If someone was injured in the accident, you may also be facing a civil lawsuit, alleging personal injury. Reckless driving charges stemming from an accident and personal injury claims stemming from that same accident often go hand-in-hand. You are not alone in your situation; many people have faced these related legal problems. This article aims to give you some basic information that can help you navigate basic procedure in these cases. It is important to understand, however, that this article is not a substitute for legal advice. If you are facing criminal charges or a civil lawsuit, it is always in your best interest to consult with an experienced and competent attorney who can help you make the right decisions as your cases progress.

One of the first questions you may have is, how can I have two cases about the same accident? You may have heard about the concept of “double jeopardy,” and you may be confused about why you are being contacted by two attorneys about the same accident. The answer is that there are two main court systems in the United States: a criminal court and a civil court.

Criminal Court: Criminal court is where your reckless driving charges are pending. This court hears some traffic violations and other crimes, ranging from theft, to fraud, to murder. The burden of proof in these cases is higher, meaning that the opposing party has to have more proof to establish a case against you. Your opposing party is the government, led by a prosecuting attorney. If you lose your criminal case, you may pay a fine to the government, and you may also face jail time.

Civil Court: Civil court is where the personal injury case against you is pending. This court hears disputes between private entities: citizens, corporations, and other companies. The burden of proof is lower; your opposing party needs less proof to establish their case. The opposing party is the person injured in the accident or, sometimes, that person’s insurance company which paid money to the injured person under an insurance policy. If you lose a civil case, you will likely owe money to the plaintiff, but you will not face jail time.

“Double jeopardy,” or the idea that you can only face trial for the same event one time applies separately to each court. So, the government can only try a case against you for a specific crime one time. Likewise, a plaintiff in an civil personal injury case can only file one lawsuit against you about the same issue.

This may sound confusing and intimidating, and it can be. It is important that you manage the deadlines of your cases, make sure you show up for the hearings, and that you are respectful and helpful to your judges. It is also important that you take the time to talk to and hire an attorney that can help you with both your criminal and civil case. Do not delay in hiring a car accident lawyer Bronx NY residents can count on to relieve some burden from your shoulders and help you make the most effective case possible in both criminal and civil court.

A Personal Injury Case

Anyone who has experienced personal injury or a wrongful death should to contact a personal injury attorney immediately.

Whether your injury was caused due to a traffic accident, negligence of medical professionals, or nursing home neglect, you should consult an attorney regarding your rights. Most incidents that result in personal injury are not intentional, but often time, through the use of reasonable care, could have been prevented. If a personal injury is caused due to someone’s neglect, a lawyer can help you bring a claim. Sustaining an injury caused by carelessness can be traumatic and difficult experience. A lawyer can often hold the tortfeasor accountable and seek compensation for your harms and losses.

Personal Injury Caused by Automobile Accidents

Every year thousands of people are seriously injured or killed in car accidents. There are around 80,000 injuries caused by car accidents. It is important to understand that injuries sustained in a car accident are often compensable. Drivers are required to carry insurance for automobile crashes that result in injury. This insurance is in place to provide medical care and compensation for people who are injured in auto accidents. You may be entitled to recover compensation for injuries including:

Personal Injury Caused by Medical Malpractice

Most visits to the doctor are helpful to the patient. After all, most doctors are caring, capable health professionals. However, medical errors can sometimes occur which cause patients to suffer extreme pain and suffering. This can happen when symptoms are ignored or misinterpreted, when the wrong medication is prescribed or when a primary doctor fails to make a timely patient referral to a specialist.

Although less than 1% of hospital patients fall victim to medical malpractice, the number of people injured or killed by improper medical care are still staggering. Each year 25,000 to 120,000 Americans die due to medical malpractice. According to the law, medical malpractice occurs when a doctor breaches the standard of medical care that would have been provided by a similar qualified physician in the area. Medical malpractice cases are commonly filed on the following grounds:

Defective Products Can Cause Serious Harm

Defective products of all kinds can cause personal harm and even death. Defective products range from toys, to trucks and motor vehicles. Every one of these products, when permitted to reach the public in a flawed state, has the prospective to cause severe injuries and unlawful death. If this happens to you or a loved one, a defective product lawyer can advise you of your rights.

 

The Impact of a Personal Injury

Have you been injured in an accident? Do you believe that another person was at fault for the pain you are experiencing? Dealing with the after effects of an accident can take a toll on a person. Fortunately, we are a group of dedicated and passionate professionals who are available to help navigate you through the process of your personal injury case. Recovering from injuries can be stressful, depending on the severity; your entire life could be turned upside down. Don’t take it upon yourself to manage the stressful process of a personal injury claim contact an experienced lawyer, like a Truck Collision Lawyer trusts, to help you with your claim.

After the Accident

The early days following your accident are important. You will want to make sure that you take the appropriate steps to ensure that you are able to take legal action should you choose to do so. This can feel incredibly overwhelming when you are in the midst of recovering from an accident, especially if the injury was substantial. If your injuries resulted in a lengthy hospital stay, it may be challenging to make sure that you have taken the proper steps. The trauma from an accident can run deeper than you may first realize. We will set out to gather all the necessary information to help you build a strong case against the negligent party. Let us manage the hurdles that come with working through the legal process so that you don’t have to; we are experienced in dealing with the unexpected.

What Should I have to prove my Case?

We will be looking to gather any evidence you may have to help prove your case. In the event that further investigative work is required, we can employ a professional to help gather important elements that may help your case. The following are helpful components to proving your personal injury:

Although it can feel like a lot, making sure that you have the necessary evidence can help you to receive the outcome that you are looking for. We can help you obtain the evidence you require to help prove that the other party caused the accident.

 

Thank you to Johnston | Martineau PLLP for providing their insight and expertise on personal injuries.

Who is Responsible if I Slip and Fall on Snow and Ice?

In many states, winter brings freezing temperatures, sleet, blustery winds, and significant amounts of snow. This type of weather makes people very hesitant to drive in, however, it can be just as treacherous to walk around in as well. Ice and snow can accumulate on parking lots, driveways, and sidewalks which can create dangerous conditions during the winter months. These conditions can lead to slip and fall accidents that can lead to serious and, at times, lifelong injuries. A small sampling of what victims of slip and fall accidents can face are:

It is not uncommon for slip and fall victims to feel embarrassed about their fall and believe they were entirely at fault. However, this is not always the case. Property owners have specific legal duties to make sure their property, which include stairwells, walkways, parking lots, and sidewalks, are free from any dangerous conditions.

Premises liability is a legal term that discusses the liability property owners have to ensure their property is safe from any hazards that could harm others and relates to commercial businesses, rental properties, and private homes. Slip and fall accidents can be difficult when they involve ice and snow. It can be difficult to understand the responsible party for keeping their property clear of slip and fall dangers. Do not hesitate to seek out a slip and fall attorneys turns to, to ensure that you are making the best claim possible.

Homeowners: When you own a home, you are responsible to remove snow and ice. The locations you must remove snow and ice from include:

If you became injured by slipping and falling on snow or ice while at a private home, the owner of the property may be held liable for any of your lost wages, medical bills, or pain and suffering.

Businesses: After a snowstorm, business entrances and parking lots can instantly become treacherous. The business owner has the responsibility to keep their property safe. If you became injured by falling on unmaintained walkways while at a business, the business owner could be liable for your lost wages and medical bills.

Rental Properties: It can be difficult to decide who is responsible if someone suffers a slip and fall accident while at a rental property. The lease agreement should state who is responsible to keep the driveway and walkways free of snow and ice. The lease agreement could state that the landlord, tenant, or property manager are responsible. If you were injured at a rental property from snow and ice, depending on what the lease states, the tenant, landlord, or property manager could be liable for any accident-related fees and medical bills.

In order for homeowners, business owners, or rental property owners to be held responsible for slip and fall accidents that occur on their property, a few factors need to be considered:

The Most Dangerous Habit of Teenage Drivers

As a parent, it can be scary when your teen gets to the age of being able to drive. It can be natural for parents to become worried about their teen’s safety while behind the wheel. It is important to communicate that distracted driving is the most common reason car crashes happen to teens. During this delicate driving learning stage, there are ways parents can help keep their teens safe while on the road. Below we answer some frequently asked questions by concerned parents, who have only the best of intentions for preventing their teens from getting into a car accident, as a Milwaukee personal injury lawyer turns to can explain.

 

Is It Being Overprotective By Reiterating the Importance of Wearing a Seatbelt?

One of the most effective ways to keep your teen safe is by reminding them to utilize their seatbelt at all times. It can be easy to forget to buckle up, so you can install a device that beeps until the belt is buckled. It may feel embarrassing for your teen to have to use this sort of device, but it will be worth it if one day a seatbelt saves their life. If you are looking to buy a car specifically for your teen to drive, try opting for one that already has a device installed that alerts the driver when the seatbelt is not strapped.

 

Should I Talk to My Teen about Driving Drunk, Even When They Are Underage?

Talking with your teen about drinking and driving is a good idea, even if they are not yet of drinking age. By keeping the communication open, it can make your teen feel comfortable to call on you if they have been drinking with friends or are under the influence of drugs. Drinking not only causes visual impairments but is also illegal for those under the age of 21. You can enforce the rule of not drinking and driving by being an icon for good behavior. Never drive while under the influence with your teen, so they do not replicate poor driving decisions.

 

Can I Install a Tracking or Other Sort of Device to Make Sure My Teen Is Driving Safe?

Installing trackers so you can monitor where your teen is driving at all times may hinder open communication and trust. It may be more useful to have discussions with your teen versus using technology to keep an eye on them. Establish an agreement between you and your teen based on the driving habits they agree to uphold.

 

What Else Can I Do to Get My Teen Prepared for Driving?

There may be scenarios in which your teen feels unsafe, whether while driving or riding in the car with another person behind the wheel. Help your teen be prepared to handle such situations by practicing using the right words or a plan in order to get them out of an unsafe car. Give your teenager options for getting home in a safe way, including calling you at any time and for any reason, without repercussions.

Thanks to our friends and contributors from Hickey & Turim, S.C. for their insight into personal injury cases.