Medical Malpractice Attorney

There is no experience on Earth that parallels learning that your newly born baby has suffered injury during the birthing process. Birth trauma is both physically challenging for the newest member of the family and can be both emotionally and financially challenging for the loved ones of the tiny injury victim. There are so many emotions that can leave new parents in the wake of birth trauma that it can be difficult to know how to start processing them.

While speaking with an attorney doesn’t initially seem like a constructive way to deal with the wave of emotion which tends to accompany birth trauma, it is often one “tool in the toolchest” that new parents utilize to process their new reality as a whole. Seeking justice for an injured infant can help parents to process their anger, fear, and frustration in ways that may ultimately help their child, their family, and their financial situation to heal.

Financial “Damages” Awarded for Birth Trauma Victims

As an experienced medical malpractice attorney – including those who practice at David & Philpot, P.L. – can confirm, the new parents of an infant injured during the birth process are often in a strong position to seek financial restitution from those who are ultimately responsible for the harm caused by that trauma. Those who may be held legally responsible might include the hospital or other medical facility that provided birthing services associated with the traumatic circumstances and/or any individual medical provider involved in the traumatic birth.

Generally speaking, to succeed in a personal injury claim, the parties who have suffered harm must have been owed a specific “duty of care” under the law by those named as defendants in the lawsuit. Those defendants must have exercised a substandard level of care for those affected—generally in a negligent, reckless, or intentionally harmful way. Finally, those named in the lawsuit as plaintiffs must have been physically and/or financially harmed as a direct result of the substandard care provided. New parents can file on behalf of their infants, as minors cannot generally file their own lawsuits.

Depending on the severity and nature of the harm that your baby has suffered, your family may be entitled to damages related to medical bills, lost wages, loss of earning potential, pain, suffering, and other economic and/or non-economic damages. Please don’t assume anything about the possible strengths or weaknesses of your case until you’ve consulted with an experienced medical malpractice attorney in your area. You may be entitled to more compensation than you’ve been led to believe.

Both Drivers Are Probably Liable For the Car Accident 

Suppose you were a passenger in a car that was making a left turn when it was hit by an approaching car. In that circumstance, you reserve the option to sue the driver of the car you were riding in if the individual was careless in executing the turn, and you reserve the option to sue the driver of the approaching car if the person in question was careless (for example, on the off chance that the other driver was speeding or on their phone) and that lead to the cause of the accident as well. 

The two drivers could be found careless in that circumstance, and when you’re harmed as a passenger, you must figure out which driver was more at fault. What that implies as far as monetary responsibility for injuries and different misfortunes coming from the accident may also be determined. You can let the drivers and their particular insurance organizations sort it out. 

One Driver Liable for the Accident 

Suppose you were the passenger in a car that was struck in a rear-end collision. In rear-end collision claims, an attorney, like a car accident attorney from a law firm like The Lynch Law Group knows that the driver of the car that was hit is very rarely viewed as at fault because the accident is quite often the fault of the following car, maybe for following too closely or speeding.

If you were the passenger in a car that was engaged with a rear-end collision, your choices for looking for recuperation for your injuries are presumably restricted to making a case against the following driver. From a reasonable point of view, you can typically make a case with the car insurance company that covers the driver of the car you were riding in and afterward let that insurance company manage the following driver’s policyholder to sort out who will compose the settlement check. 

Ensure All Liability Possibilities are Covered In Your Lawsuit 

In case you are the passenger in a two-car (or multi-vehicle) collision and you are filing a claim or pursuing a lawsuit, you generally need to ensure you sue every one of the possible liable drivers. Sometimes you may end up with conflicting outcomes due to so many involved parties and different versions of the same story. In the event that you settle against a single driver in a two-car accident where you were a passenger, you need to ensure that any car accident settlement you get from the one driver is fair. Being a passenger in a motor vehicle accident is a very unfortunate situation, but hiring an attorney may be the best thing to do while you seek treatment for any injuries and to ensure you are taken care of.

Nursing home abuse allegations should not be taken lightly. If you or someone you know has gone through abuse or neglect at a nursing home, you may be able to file a claim against the responsible party. Contact a lawyer who has been successful in representing victims of abuse today so that you can obtain your deserved compensation and obtain justice. 

An experienced nursing home neglect lawyer like one from Davis & Brusca has represented many nursing home abuse victims and their families. Hiring a lawyer is important so that you can maximize your chances of achieving your deserved compensation and obtaining justice. 

Why should I hire a lawyer? 

Moving forward in the claims process without a lawyer to support you is not recommended. Filing a claim can involve a lot of complications, and you may not be prepared to resolve them. The knowledge, skills, and experience that a nursing home abuse lawyer has far exceed that of the average person. They will evaluate your claim so that you will obtain the right compensation amount. 

How is the value of my claim calculated?

To calculate your claim’s value, a lawyer will investigate your case so that they can find the estimated amount. The value depends on the circumstances of each case, but they can reach up to hundreds of thousands or even millions of dollars. Having a nursing home lawyer by your side to determine the value of your case is beneficial because it prevents you from getting an offer that is much lower than what you deserve. 

What damages may I be entitled to? 

Victims of nursing home abuse may be entitled to a number of damages. The final compensation amount that a victim can be awarded varies based on factors such as the severity of injuries and how long the abuse or neglect lasted.  

You may receive compensation for economic and non-economic damages such as:

• Medical expenses (present and future)
• Emotional distress
• General pain and suffering

Contact a Lawyer For Legal Assistance 

There are many benefits to hiring a nursing home abuse lawyer who is equipped to protect your rights and handle your case effectively and efficiently. With the support of a skilled lawyer, you can significantly increase your final settlement amount and shorten the amount of time it takes to complete your case and receive compensation. Meet with a trusted lawyer today if you or a loved one has experienced nursing home abuse or neglect. 

Basics About Worker’s Compensation

While almost every state has its own version of worker’s compensation, not every state has the same requirements for coverage or payments. The amount and instances of coverage change depending on the location and type of injury. Regardless of the subtle and sometimes extreme differences between state municipalities, there are some rules that stay relevant even across state borders. This article will take a look at some of these important aspects to keep in mind when dealing with worker’s compensation.

Payments for Days Missed

One of the most shared rules of worker’s compensation is when an injured party receives payment for missed work. For most areas, a person can receive payment 21 days from reporting the injury. However, coverage might not be as high as some might think, especially if you only missed seven or fewer days. This is why it’s important to keep track of how much work you missed and to make a record of this.

Worker’s compensation insurance does not payout for the first seven days of absences unless the injured party remains under a doctor’s care for at least 14 days. Once the 14-day requirement is met, the party can expect compensation for the first seven missed days of work.

Amount of Coverage Received

The amount of money an employee receives through worker’s compensation benefits depends on many factors, including the injury and the place of employment. However, for severe injuries that leave an individual permanently disabled, many jurisdictions allow for two-thirds of their weekly earnings, which often caps at just over $550 per week. It’s important that you ensure the severity of your injuries are compensated fairly. Make sure to keep good documents of any medical care received.

Finding Help for Insurance Claims

Worker’s compensation insurance is a requirement in nearly every state, but each has its own regulations. Understanding a policy even on a rudimentary level requires assistance from someone with more experience than your average worker. If you want to get the best possible settlement with the least headache, then it’s in your best interest to seek legal counsel. If you were injured at work, and are not sure what your next steps should be, you could consider contacting a workers comp lawyer in New Jersey from a firm like Rispoli & Borneo, PC. Firms like these have years of experience with worker’s compensation and at the very least can help answer some questions.

If you are facing serious legal charges, it is recommended that you talk to an attorney who can offer you important legal advice. Running into trouble with the law can be stressful, but 

If you are charged with a crime such as theft, assault, or DUI, you have the right to seek help from a lawyer who will fiercely defend you and protect your rights. If the following statements apply to you, you may benefit from hiring a trusted criminal offenses attorney who has experience assisting clients who have been charged with a crime, like one from The Law Firm of Frederick J. Brynn, P.C.

Your Are Being Charged for the First Time

For people who have no previous criminal record, having a lawyer is recommended so that you can navigate the legal process without issue. Perhaps you were in the wrong place at the wrong time, or but the odds are not in your favor. You can depend on a reliable criminal defense attorney to support you through the process and advise you on which strategies will set up a solid defense. They may be able to build a strong argument which may result in the charge being reduced or dropped entirely. 

You Are Charged with a Felony or Misdemeanor

Both a misdemeanor and felony can result in serious penalties and a potentially lengthy amount of prison time. Crimes that fall into the misdemeanor category include reckless driving, petty theft, drinking in public, and first-time drug possession. A felony is a much more serious offense, which includes crimes such as robbery, arson, assault, fraud, and murder. Even if you don’t feel like your charge is serious enough, you should still consult the professional opinion of a seasoned attorney.  

Every case is different, and several factors determine whether hiring a lawyer is your best option. If you have a record of previous charges and are being accused of another crime, you are even more at risk of being sentenced to possible jail time. Choosing to represent yourself in a criminal defense case is highly discouraged, because of the high stakes involved. You want to ensure you have the highest quality legal representation. By seeking legal counsel from a lawyer, they will argue for your innocence to the best of their ability, or at the very least try to have your penalties reduced or ask that you do community service instead of going to prison. Schedule a consultation with a trusted lawyer now.

Getting into a car accident can be one of the most unsettling experiences a person can go through. If the accident was caused by another driver, and you suffered serious injuries as a result, you may want to speak to a lawyer about the possible legal avenues you can consider. If you have a lot of bills and expenses as a result of the accident, you should find out if your claim is valid so you can hold the party responsible. To better understand your available options and to provide you peace of mind, talk to an experienced personal injury lawyer. A car accident lawyer from Canoga Park, CA like one from Barry P. Goldberg, A Professional Law Corporation can assist you on a number of things so that you can successfully file a claim. 

How Can A Car Accident Attorney Protect My Rights? 

An attorney who specializes in car accidents and other personal injury cases is committed to protecting your rights. As advocates for accident victims, they understand the legal system and its many nuances. Pursuing a defendant is not easy, but they have multiple resources and tools to aggressively fight on your behalf. If any obstacles arise or if your case happens to go to trial, they can alter their strategy so that your chances of obtaining your rightful compensation remain high.     

Can’t I File a Claim On My Own? 

Although you could file a claim on your own as a car accident victim, it is not recommended for several reasons. Lawyers understand the law in ways that the average person without a legal background does not, and they have years of experience working on personal injury cases. They most likely have already worked on a case that has similar features to yours. A lawyer is trained in negotiation tactics and other specific communication skills so they are able to form an argument that has your best interests in mind. Even if you are confident that you can navigate the claims process without the help of a lawyer, scheduling a free consultation with a lawyer is risk-free and allows you to get a professional opinion on your situation. 

Contact a Top California Car Accident Attorney

The steps for filing a car accident claim is not always clear. However, accident victims can receive the urgent legal assistance that they need. Hire a skilled car accident lawyer so that you can rest assured that your claim will be handled professionally and efficiently.

Your elderly father unexpectedly collapses at a family dinner. You revive him and rush him to the nearest hospital. Shortly thereafter, an Emergency Room nurse approaches and asks, “Do you know your father’s wishes? Does he have an advanced directive? If we are unable to resuscitate him quickly, we will need to make some decisions quickly.” How would you respond?

Hopefully, nothing like this has happened or will happen to you. Of course, life gives no guarantees. If this occurred in the future and your children would be with you at the hospital, would they know and carry out your wishes for end-of-life care?

Unfortunately, some people who haven’t made their plans known to their loved ones can unintentionally make life difficult for them. All too often, family members are forced to make emotionally difficult decisions with little knowledge of what the patient desired.

Your health care wishes, as spelled out in a medical power of attorney and a living will, could be the most important estate planning documents that you sign. By giving your loved ones clear direction, you can specify the kinds of treatment you want and can name the person you want to carry out your wishes during these tough times when you are unable to do so.

What’s the difference between a living will and a medical power of attorney?

• A living will articulates your preferences about certain kinds of life-sustaining treatments. For example, you can specify whether you prefer or oppose medical interventions like cardiac resuscitation, insertion of feeding tubes or mechanical respiration.
• A medical power of attorney (POA) identifies a person whom you trust who will act as your representative if you are unable to speak for yourself. If you prefer to have one person act as your health care representative and another person to serve as your financial representative, you can separate your medical and financial powers of attorney into two documents.

Medical POAs involve at least two people: the principal (or patient unable to speak) and the agent (the person trusted to carry out the principal’s wishes). In selecting your agent, you’ll obviously want a person that you trust, that will carry out your wishes, and that won’t be intimidated by medical professionals or other family members who disagree with your wishes.

To make sure your documents are legally binding in your home state, it’s best to seek the help of an experienced attorney.

You spent the past three years caring for your elderly father. Feeding him, bathing him and taking him to doctor’s appointments were just a few of the ways you served him.

After your father’s passing at the reading of his will, you learn that a long-lost relative is due to receive most of your father’s estate, including many of the items your father had promised to give to you. After a closer look, the will does not resemble the version that you had at your home. What happened, and is there any way to get what is rightfully yours?

Contesting a will is a way of challenging its language in probate court. What are legitimate grounds for contesting a will?

• It doesn’t conform with applicable state laws. Each state has specific laws governing wills. In most cases, it must contain the signatures of the “testator” – the person who created the will and has since died – and the witnesses. The testator and witnesses are supposed to be in the same room at the same time, and all must watch the others sign the will. While this process seems straightforward, failing to sign a will according to state law is the most common reason why wills are ruled to be invalid.
• Lacks “Testamentary Capacity.” Sometimes wills are changed near the end of an elderly person’s life. A person contesting the will can allege that their loved one signed a will without understanding it. Without strong testimony documenting the person’s failing health conditions, contesting “testamentary capacity” is difficult to prove.
• Testator was unduly influenced. Did someone exert extreme pressure on the elderly person, forcing the person to lose his/her free will and sign a document that they did not agree with? Proving that this took place is extremely challenging and often requires supporting testimony from the testator’s attorney and others.
• Procured by Fraud. Was the testator tricked into signing the will by someone who claimed the document was a deed, a power of attorney, or other legal document when, in fact, it was a new version of the will?
• Not of Legal Age. In almost all states, a person must be at least 18 years of age at the time of the will’s signing.

Of course, the most challenging aspect of contesting a will is that you won’t have the testimony of the deceased, and it is difficult to prove the deceased’s state of mind, health, capacity or fear.

If you have concerns about the validity of a loved one’s will or creating a will that will stand up in court, you may want to speak to an experienced attorney who can outline your options, such as a will lawyer in Folsom, CA, from a firm like The Yee Law Group, PC.

Giving birth is an undeniably traumatic event. Both mother and baby’s bodies and hormones go through profound transitions during the course of the birth process. As a result, it can sometimes be difficult to tell whether certain symptoms are normal byproducts of birth or if they signal that something has gone wrong.

It is important to understand that if you are unsure whether your child has been harmed as a result of the birth process, you are not alone. Many parents have faced the same uncertainties and struggles. If you would like to meet with an attorney in order to give a sense of what is making you uneasy, they can advise you as to whether or not you may be able to exercise certain legal options in regards to your child’s situation. If he or she has indeed suffered birth-related harm and that harm occurred as a result of medical negligence, you may be able to recover damages in association with a personal injury claim.

Was Your Child Harmed by Medical Negligence?

It is worth noting that while some birth-related injuries may be immediately apparent after a child has been delivered, others take time to become clear. For example, if a child has been cut, has suffered a broken bone or has been severely deprived of oxygen, these challenges will be noticeable after birth. However, if a child’s injury does not manifest until later, it may be difficult to clearly associate the challenges he or she is experiencing with the birth process.

Delayed symptoms of a birth-related injury may include trouble feeding, seizures, painful arched-back crying, developmental delays and nerve damage. If something seemed to have gone wrong in the delivery room and your child has suffered harm, that harm may or may not have been caused by medical negligence. Attorneys are happy to explain the standard of medical negligence to you and to discuss exploring whether it may have occurred in your child’s specific case.

Filing a Claim May Be an Option

If it seems your child could have been harmed by medical negligence, you may be able to file a successful personal injury claim. Filing this kind of claim may aid you in paying for your child’s medical care and may help to ensure that no other child suffers a similar kind of injury in the future. Your child may be awarded economic damages tied to past and future medical bills, non-economic damages like pain and suffering awards and other compensations. The outcome of your suit will depend on the circumstances, but many birth-injury lawsuits have been filed successfully and have led to a greater focus on safety for mother and child during delivery and immediately after birth.

You Are Not Alone

You do not need to navigate the uncertainties of possible birth-related injury by yourself. As a new parent, you certainly have enough challenges on your plate without trying to sort out legal options alone. Scheduling a consultation with a medical malpractice lawyer Deer Park, TX relies on my be beneficial.

 

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Thank you to our friends and contributors at John K. Zaid & Associates for their insight into medical malpractice and birth injury.

There is currently a nationwide recall of the birth control pill packs sold under the brand name “Taytulla.”

Allergan, the maker of this birth control pill, issued a voluntary recall after a physician notified them that one of their sample packs had the maroon placebo pills in front of the hormonal pills. In the proper order, the four placebo pills come at the end of the pack, and the first four pills are the pink hormonal pills.

This creates a serious issue for those taking the birth control because it could render it ineffective. Women can skip the placebo pills because they are there for those who are worried about forgetting the pill schedule, but taking four placebo pills or skipping them in the last pack and then taking four placebo pills at the start of a new pack with the wrong order could result in the ovaries no longer being suppressed. Taking the placebo pills for eight days doesn’t necessarily guarantee pregnancy, but it does make it a possibility as it’s a longer time between hormonal doses than this manufacturer recommends.

Currently, this recall only affects the sample packets a person would get at their doctor’s office and not the packs that come directly from the pharmacy. All packs are being recalled, but packs with a Lot Number of 5620706 and a expiration date of May 2019 are in particular focus, as this was the lot the notifying physician’s pack was a part of.

Allergan released a statement on its website saying that the packing error places users at risk for failure of contraception and unplanned pregnancies. The company also noted that the order error may not be apparent to people who haven’t used the product recently or new users and advised women who are concerned about unintended pregnancy to speak to their doctors. As with any other medication, people are also being advised to check new batches of their regular medication upon receipt. If anything looks different than it did previously, a doctor should be notified before the medication is taken.

Women who have sample packs they have not used yet should notify their doctors to return them or dispose of them safely. Those who have used a pack that they suspect or know is a part of the recall should speak to their doctor about what to do next. While advice will vary by doctor, many physicians are advising women in these cases to use backup birth control and/or take emergency contraception if pregnancy is a real possibility. Women who miss their period at the end of the month after taking pills in the wrong sequence should take a pregnancy test and talk to their doctor about their options.

This product recall will only affect a limited number of people, but its consequences for some women may be very serious. Medication errors can have life-altering consequences for those relying on the medicine. Speak to an experienced attorney, like a Denver product liability attorney, if you’ve been impacted by ineffective or tainted medicine.

 

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Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into nationwide birth control recall.