Medical Malpractice: Birth Injuries

Medical Malpractice: Birth Injuries

Medical professionals need licenses to prove their competence. But there are times where even the most competent medical professionals become negligent or reckless. These instances can be overlooked if they didn’t cause harm to the patients, but if they do, it is a different story.

According to the website of Habush Habush & Rottier S.C., those who have been victims of medical malpractice may take legal action against the responsible party, like the medical professional involved. A medical malpractice case can be viable if the following has occurred:

  • There is a legitimate relationship between the professional and the patient
  • The professional holds the duty of care for the said patient
  • The professional has compromised this duty of care through action or inaction
  • The compromise has resulted into the patient’s harm

The website of Crowe & Mulvey, LLP has enumerated various areas where medical malpractice can take place, and one of the most controversial ones involve birth injuries.

Birth injuries can occur in numerous ways. They can be sustained because of complications during the pregnancy or child birth. There are also instances where the incompetence or negligence of the medical professional is their direct cause, like when the medical professional has failed to diagnose or treat complications, mishandled a delivery instrument, or practiced improper delivery techniques. Below are just some of the worst birth injuries:

  • Brain and spinal cord damage and other traumatic injuries
  • Cephalohematoma and other bodily complications
  • Facial palsy and other forms of paralysis
  • Toxoplasmosis and other kinds of infections

However, it is important to mention that the medical industry is complicated. This is the very reason why those in the industry show their competence through licenses. Because of this complexity, some injuries and medical complications that have been sustained even while on the medical professional’s duty of care may be justifiable. They only become subject to medical malpractice cases if the medical professional has been negligent, reckless, or made a mistake that a reasonable professional shouldn’t have committed.

Common Defenses In Nursing Home Abuse Cases

Some of today’s nursing homes have become places where elderly residents get injured or die. When the family of the senior citizen entrusted them to the care of the facility, they had the assumption that their loved one is in good hands for spending the last years of their life. Unfortunately, the elderly gets subjected to physical abuse and left with serious injuries. As a result, the family of the elderly files a case to make the nursing home liability for the injuries.

Cases involving physical elder abuse can be long and complicated. Both defense and prosecution will gather evidences to get a favorable verdict. The nursing home will hire the best lawyer to get themselves out of the liability to the elderly individual. Their lawyers will use several defenses to bail their clients out of liability. Some of the common defenses will include:

Lack of Criminal Negligence

To get an acquittal for their client, lawyers will argue that there was no criminal negligence involved in the case. While the action was careless, negligence should also be present.

Lack of Intent

The lawyer will also use lack of intent in defending their client against any liability. They will prove that the accused did not willfully act in a manner that would cause harm to the elderly.

Victim Was Below 65 Years Old

Under the law, the victim should be more than 65 years old in order for the accused to be convicted. However, the defendant may still be criminally liable according to state laws.

Accused Was Unaware That Victim Was More Than 65 Years Old

The law stipulates that there should be knowledge on the part of the accused that the victim was over 65 years old. The defense can use the age factor as a reason for not being liable for elder abuse.

These are just some examples of defense that a lawyer will use to keep nursing homes from being liable for abuse or neglect of elderly residents.

Speeding may be Thrilling, but It is also Nothing More Than a Grave Act of Irresponsibility and an Act of Disregarding Your Safety and the Safety of Everyone Else

One sad thing about driving is once an individual (most especially someone between the age of 16 and 24) earns his/her driver’s license, he/she easily forgets how to be responsible on the road, more so when driving with friends. Once behind the wheel, so many drivers easily forget all the education, training, advertisements and reminders that tell them about safe driving and road safety rules which will help keep them away from an accident – from getting injured or killed, or from injuring or killing someone else. Due to this, more than five million vehicular crashes still occur every year, with at least 30,000 of these accidents resulting to death and more than two million leading to injuries.

The top four causes of car accidents, based on analysis of crash data by the National Highway Traffic Safety Administration (NHTSA), are drunk-driving or driving under the influence (DUI), reckless driving, distracted driving and overspeeding or driving above the set speed limit.

Driving above the set speed limit is the third major cause of fatal accidents among drivers, car passengers, pedestrians and other motorists. Every time a driver goes above the speed limit, he/she increases the risk of accident and compromises the safety of so many others. This is because speeding, as proven through studies and actual events, reduces a driver’s reaction time to danger, makes stopping or slowing down a vehicle much harder, and lessens a driver’s control over his/her vehicle.

There are millions of cars that fill US roads and highways every day, carrying people to different points of destination. The speed, convenience and comfort that cars give passengers have made these the most ideal means of transportation for Americans. However, like any other type of equipment, if cars are not used or driven safely, then bad results are always high possibilities.

According to a speeding accident lawyer from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., when an accident occurs at high speeds, the amount of energy released during collision increases exponentially. The force of collision can cause life-altering injuries such as spinal and neck trauma (sometimes resulting in paralysis), head injuries, broken limbs, damage to internal organs, or severe lacerations and bruising; these are kinds of injuries that can rack up steep medical costs, and may prevent the victim’s ability to lead a normal life.

Speeding is something that a person willingly chooses to do. It can cause severe harm on anyone which, otherwise, may not even happen if traffic rules would properly be observed. This is why it is legally advisable for a victim to file a lawsuit against the driver at fault, first, to bring the liable driver to justice which, hopefully will make him/her have second thoughts about speeding again and, second, to seek compensation for the damages that his/her injury has caused, and will still cause. To make this legal move more beneficial to the victim, a seasoned personal injury lawyer or speeding accident lawyer may be able to provide the necessary legal assistance.

The Seriousness of Elder Abuse

Elder abuse has been on the rise, and the problem continues because many victims are too afraid to report their issues or they don’t know how to report them. Medical professionals have the legal and moral duty to report any abuse that occurs in a nursing home. In the state of Massachusetts, a number or laws and state regulations provide specific requisites for nurses to follow when reporting any form of abuse to their corresponding State Government.

According to the Board of Registration, abuse is defined as any “impermissible or unjustifiable contact or communication with a patient which in any way harms or intimidates, or is likely to harm or intimidate, a patient.” it can either be a verbal or non-verbal act that could cause the patient physical, emotional, mental, sexual, or even financial harm. Any nurse who has a direct observance of another nurse who committed in any form abuse has the responsibility of reporting the abusive nurse to the Board. The nursing complaint report should be completed and submitted to the Board.

Law firms such as Crowe & Mulvey, LLP suggest giving an oral report to their supervisor or their employer first, so that their supervisor or employer can inform the Department of Health. Families of the abused patient can file a personal injury claim against the staff or the nursing home facility if they prefer, and can hire a lawyer to help them with the claim. Nurses, and other medical professionals on the other hand, should follow the guidelines such as from M.G.L. c. 111, § 72G and from ref: 244 of the CMR 9.03(26). The penalties for failing to give oral and written report regarding the abuse when they where required includes a fine of less than US$ 1,000 and possible disciplinary actions by the Board.

Because of the fragile state of patients in nursing homes, any form or abuse, neglect, or maltreatment is and should be treated with seriousness. Regardless of their age, everyone has rights, and if those rights are taken advantage of then it is necessary to stop the abuse and ensure that the incident will not happen again.

Can Morcellators Cause Cancer?

Chances are, if a laparoscopic procedure is possible – that would be the most sought after option. There are many benefits with having a laparoscopic procedure done instead of a traditional one. The incision could be comparable to a paper cut in contrast to the intrusion that a traditional surgical procedure would entail. Thanks to the minimal intrusion, the recovery period would be dramatically reduced. In fact, some people who get laparoscopic surgery have been cleared out of the hospital only hours after the procedure, not weeks.

Procedures like this, however, do not come without risks. There is significant evidence, provided by claims cited on the website of Williams Kherkher Law Firm, that morcellators have been linked to women acquiring endometrial cancer after their hysterectomy procedures.

A hysterectomy is the surgical removal of a woman’s uterus. Usually, these are done for purposes that are not, necessarily, life threatening. There is quite the debate between women who have that this procedure done who are now either pleased with the outcome or in a state of absolute regret due to having had it done. It can be reason enough for regret if this procedure has caused cancer.

Morcellators are surgical devices used for laparoscopic surgeries. There is a claw-like attachment at the end of it that allows for it to morcellate the noncancerous growth (otherwise known as grinding it to pieces) and then attaching meat, then suctioning it out through the tube. The morcellators manufactured by Johnson and Johnson have been recalled after numerous claims that state that it was the use of this device that had caused for the women to develop cancer.

If you or someone you know has gotten cancer due to a link with morcellators made by Johnson and Johnson, it is recommended that experienced legal help is sought in order to be represented justly and with the fullest extent of the law, all the while having the case and the victim to be cared for by capable, compassionate hands.

Man Claims He Invented the Safest Bike Ever

The website of the Law Offices of Williams Kherkher explains that the aftermath of accidents can be overwhelming. Many people are aware of this and take appropriate precautions to keep themselves safe. For those that love biking just as much as they love staying safe, British inventor Crispin Sinclair claims he has invented the safest bike in the world.

His invention is called the Babel Bike, which according to CNET Magazine is getting its financial start as an Indiegogo campaign. Aesthetically, the Babel Bike stays true to a traditional bike by having two wheels, but veers away from the typical model from there.

The bike comes with a safety cage, seatbelt, front and rear lights, rear-view mirrors, turn signals, a horn, brake lights, and hazard lights. Sinclair says the safety cage and seatbelt minimize damage to the biker because when getting hit the biker is pushed instead of crushed.

The monetary goal for the campaign is about $74,000. Both electric and non-electric versions of the bike can be bought. The electric bike currently can be purchased for a $4,430 pledge to the campaign and runs for 50-80 miles and the non-electric bike comes in a little less at $2,950.

People who have commented about the product online have critiqued it by saying the price is way too high, and that you can get a quality bicycle for just $100. Other critiques have focused in on the design of the Babel Bike itself. Because it is seated low, they fear the rider may become too relaxed and not have the level of alertness required for a biker on the road.

Only time will tell if Sinclair or his critiques will have the last word. Maybe the Babel Bike really is the biggest road safety innovation since the seat belt, or maybe it is just another tech fad.

What are PCBs?

PCBs are polychlorinated biphenyls, or a compound that links chlorine, carbon, and hydrogen atoms. These man-made chemicals were used in a number of products before being found to be severely toxic in the 1970s. Among the main uses of PCBs included in surface coatings of buildings, adhesives, paint, and electrical equipment. Because of the commonality of the use of PCBs, at least 10 percent of PCBs produced after 1929 are still in the environment today. This has occurred due to the poor disposal methods in place for PCBs. For example, when PCBs are incinerated or stored in landfills, the chemical releases more harmful toxins that can seep into the water, land, and air.

PCBs have a highly stable molecular structure that causes them to persist in the environment. This persistence affects the health of the plants and animals exposed to the dangerous chemical. In the 1970’s, it was found that PCBs are cancerous and can cause deformities and other serious health complications. This becomes hazardous when the irresponsible disposal of PCBs places the chemicals in direct contact with water, crops, and animals that are later consumed by humans. Consuming poultry, fish, and other contaminated meat is the primary cause of humans having higher levels of PCBs in their bodies.

Monsanto was the sole manufacturer of PCBs in the United States until the manufacturing of PCBs was made illegal. The main facility this took place at was outside of St. Louis, Missouri. This area currently has the highest rate of fetal death and immature births in the state due to the proximity of the PCB manufacturing plant. Other Monsanto PCBs are directly linked to pollution and contamination of entire cities such as San Diego, California and Anniston, Alabama. These contaminated spaces leave thousands of men, women, and children exposed to potentially fatal diseases.

You Can Sell Your Mineral Rights in the US

People who own land in the US are lucky; they not only own the surface land but they also own the mineral estate (or mineral rights). In other countries such as Great Britain, the general rule is that the government owns mineral rights.

Mineral rights are a form of real estate that is distinct from surface land rights. It is the legal prerogative of the owner to exploit whatever materials found under the surface, which may have commercial or industrial value. These materials may be organic such as oil or inorganic such as gemstones. In most countries, the financial benefits from these materials pass on to the state. The exceptions are the US and Canada.

A landowner in the US owns the surface land as evidenced by a land title or deed. Typically, the mineral rights are part of this deed unless it has been severed. Severed mineral rights means that the rights of ownership for the surface land is distinct from that of the underlying surface. If the owners of these are two separate people, the surface landowner has no right to any profit that comes from the mineral rights.

A landowner may have no clue that the land under the homestead, farm, or empty lot contains a fortune in things like metal, oil, natural gas, coal, stone, salt, or gemstones, but you can be sure that those who make it their business to know do. Speculators will frequently offer to buy the mineral rights of land in areas identified as a hot spot for valuable minerals, so that is a good sign that you can sell your mineral rights for a good price.

However, the only real way to exploit these riches is to mine them. That is usually a non-starter unless you are already in the business of doing that. Mining is by no means a simple or easy undertaking; you will be better off selling your minerals rights rather than trying to do it yourself.

You can sell your mineral rights to whomever you please and for whatever amount you want. However, if you have no idea of what you are doing, you should consider consulting with professionals before committing to a sale. You could be signing away your mineral rights for much less than you should.

Williams’ Trust Causes Dispute Among Family

The news of Robin Williams’ untimely demise shook the world as everyone knew it – and until now, the family he has left behind is still dealing with the aftershocks, complications seeping into the faults, making things more than a little unsteady.

Williams’ wife, Susan Schneider Williams — who survives him, according to reports from Reuters, has filed official legal complaints against thievery of belongings and personal effects left behind by the departed comedian at his home in Tiburon, California, to which Schneider is entitled to via a trust that Williams himself set up for her. His three surviving children, however, file a different case altogether.

According to news reports, the Williams children (Zachary, 31; Zelda, 25; Cody, 22) have stated that they believe Schneider Williams is attempting to deliberately work the words in the document in her favor in order to secure more of the deceased’s estate for herself.

Going through such times can be trying for anyone involved, especially if these proceedings are met under the public eye, with heavy media scrutiny. The loss of the famed Oscar winner, known for his roles in films such as Dead Poets Society (1989), Mrs. Doubtfire (1993), Good Morning, Vietnam (1987), and many others, is felt throughout the hearts of all those whose lives he has touched with his humor and tenderheartedness. However, even Robin Williams and his family are not exempt from the cold complications that come with disputes come from the trustees and beneficiaries of his worldly possessions.

The Chicago probate litigation attorneys of Peck Ritchey, LLC state on their website that dealings of this nature can be excruciatingly difficult as certain testators may attempt to take advantage of the situation in order to attain personal gain. Expert, professional help in a trying, emotionally-charged time can be crucial and for guidance, only expert, professional help can get you through in order for you to settle cases of this matter as efficiently as possible, allowing you and your family more time to grieve and heal from the loss of the dear departed.

Xarelto and Uncontrolled Bleeding

Anticoagulants are an important part of health maintenance for patients with medical conditions that promote the formation of potentially harmful blood clots such as atrial fibrillation. Unfortunately, as pointed out on the website of Williams Kherkher, anticoagulants such as Xarelto (rivaroxaban) can be dangerous to the very people they are meant to save by thinning the blood too much that it results in uncontrollable bleeding.

There have been efforts made to find a reversal agent for Xarelto and other drugs of the direct factor Xa (10-a) inhibitor (xaban) class of anticoagulants that cause copious and irreversible bleeding. According to the August 2014 issue of the Journal of Neurosurgery, however, the blood thinning effects of Xarelto in particular has been found to be harder to reverse than other xabans. This is a big problem for doctors, especially when the bleeding occurs in the brain because it can result in permanent damage even after the bleeding has stopped.

Xarelto was originally approved for US distribution by the Food and Drug Administration (FDA) for the prevention of post-surgical blood clot formation following a hip or knee replacement procedure. It was designed for short-term use; in most adverse events reported, the patient had been taking Xarelto for at least a year. This was mostly due to it being prescribed for atrial fibrillation, which it had later been approved for by the FDA, and it is with prolonged use that patients typically experience serious side effects.

Before it became known that Xarelto had the potential for bleeding that was particularly difficult to stop, it had been widely prescribed as an alternative to the standard anticoagulant drug warfarin and the newer Pradaxa (dabigatran), and brought in more than $800 million in US sales in 2013 and that the anticoagulant medication market exceeds $10 billion a year. That’s a lot of prescriptions that could mean serious harm to a lot of people.

If you have experienced serious side effects from taking Xarelto, you may want to consider taking legal action. Consult a Xarelto lawyer to be one of the first to sue the responsible parties for compensation for costs associated with your medical treatment, pain and suffering.

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