Injuries can Occur at Birth

Posted by on Feb 19, 2015 in Hospital Accidents | 0 comments

Childbirth poses a great number of health risks not only for the mother but most importantly for the baby. The child’s passing through the uterus can be made complicated by several risks, and these could lead to birth injuries if not properly addressed by medical professionals. Compounding the childbirth may be the difficulties during the delivery. If fetal distress is present, the labor may have to be expedited as detected by fetal hypoxia or acidosis. Most of childbirth injuries are due to hypoxia and mechanical trauma. Childbirth injuries that resulted from medical negligence or error may seem to be small, with only 5%, but it still a considerable amount considering the life of the baby.

Expectant mothers should be aware if they are at risk of childbirth injuries. Among the risks factors that should considered are shoulder dystocia, cephalopelvic disproportion, a premature baby, instrumental or breech delivery, and many others. Talking with your doctor during your regular check-ups could help you prepare for the childbirth and avoid injuries or risks to you and you baby. Many of birth injuries can be prevented through proper medical care. According to the Center for Disease Control and Prevention, among the most common birth injuries that are linked to medical negligence or error are: facial paralysis, fractures (in the skull or bones along the collar) brain injuries (due to oxygen deprivation), cephalohematoma, brachial palsy injuries, and many others.

Many birth injuries can heal in a matter of days, but some can have a lasting effect on the child that would lead to physical and developmental complications. When this happens, the child’s quality of life will be greatly affected, and special care and attention may be necessary for them to grow up. Proving negligence can be difficult. It is therefore important to talk with a lawyer first in order to determine whether the hospital or any of the medical professionals involved in the operation was indeed negligent and if there is a case that can be filed against them.

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Problems associated with Reglan

Posted by on Jan 8, 2015 in Medical Defects | 0 comments

Prescription drugs are often the target of civil action because they are typically inherently dangerous even when taken as prescribed. This is the issue with Reglan, (generic name metoclopramide) which was approved by the Food and Drug Administration (FDA) for the short-term (4-12 weeks) treatment of chronic digestive problems such as heartburn, diabetic gastroparesis and gastroesophageal reflux disease (GERD) in 1980.

Several years after FDA approval, long-term use of Reglan began to be linked to tardive dyskinesia, a serious neurological condition characterized by involuntary, repetitive movements of the face, eyes, tongue, fingers and limbs. Statistics show that about 29% of patients that use the drug for more than 12 weeks develop tardive dyskinesia. Another possible side effect from short-term (12 weeks) use Reglan may include Neuroleptic Malignant Syndrome (NMS), an often fatal conditions characterized by fever, sweating, muscle rigidity, unsteady blood pressure, and autonomic dysfunction.

Metoclopramide acts on the digestive tract, speeding up food movement through the digestive system. It has also been shown to have a positive effect on pregnancy-related nausea and migraine headaches, although these conditions are not approved for a Reglan prescription by the FDA. Currently, The FDA has approved Reglan for the treatment of post-surgical nauseas and post chemotherapy nausea as well.

According to the website of Evans Moore, LLC, the consequences of taking dangerous drugs can be minimized if the drug manufacturer gives physicians and the public full disclosure about the associated risks. The first Reglan lawsuits began more than 20 years ago but a series of FDA warnings, the last of which was issued in 2009, increased the public’s awareness of the dangers of using Reglan and its generic counterparts, especially for off-label and long-term use. This resulted in new lawsuits being filed, most of which alleged that the drug’s manufacturer Pfizer failed to provide adequate warning about the risks associated with using Reglan or its generic versions.

If you have acquired a serious medical condition from taking Reglan or its generic counterparts, you will probably have it for the rest of your life. Consult with a dangerous drugs lawyer in your area to find out your legal options.

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Double Trouble Car Accidents

Posted by on Oct 8, 2014 in Automotive Injuries | 2 comments

In a perfect world, there would be no car accidents. Unfortunately, this is not a perfect world, and you could even be involved in a car accident where the negligence of another driver plus a defective car could land you into a world of hurt. Fortunately, you would have legal recourse for demanding compensation for your injuries.

All drivers will be involved in a car accident at least once in their lives, and more often than not it is due to driver error. The driver error may be due to an innocent mistake such as taking a turn too fast, failing to be sufficiently alert, or panicking and hitting the wrong pedal. It could also be due to distracted driving or driving under the influence, in which case it would be a negligent driving accident, for which you can file a personal injury lawsuit. According to the website of Pohl & Berk, LLP in Tennessee, this may be necessary as serious injury from an auto accident can be life-changing as well as financially devastating.

According to the website of the Mokaram Law Firm, car accidents could occasionally be due to a defect in the car. This could be attributed to the car manufacturer for design defects, the mechanic who did the work, or the auto parts manufacturer for a malfunctioning part. Between 2001 and 2011, more than 12 million automobiles were recalled due to suspected or proven design defects. A distracted or incompetent mechanic may have made a mistake, or the replacement part was not working. This type of accident would constitute a product liability claim, and all parties involved in the accident may be eligible to file for compensation.

But what if the accident was both due to negligent driving and an auto defect? As a victim, you will not have to choose. Consult with an experienced and aggressive personal injury lawyer to find out if you are eligible to make a claim against both the negligent driver and the party responsible for the car malfunction. In most cases, these are separate cases and may both be filed.

Car accidents are traumatic, especially if it could’ve easily been avoided if the other driver was simply more attentive. If you or a loved one has been injured in a car accident due to someone else’s negligence, you could get in touch with a personal injury lawyer to discuss your case more in depth. You might be able to hold the person who hurt you accountable for what they’ve done, meaning you may be off the hook for paying those crippling hospital bills and other expenses related to the crash.

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Wrongful Termination

Posted by on Sep 26, 2014 in Business | 1 comment

One possible cause of worry for job applicants and the newly employed is the latest growing practice among employers all across the US – the adoption of the “Employment at Will” doctrine – a short phrase, but which can cause lots of disadvantages, especially on the part of the employee. This “at will” phrase is openly indicated in job application forms and employees’ handbook, and though it gives employees the right to resign from work anytime, whether he/she has acceptable reasons or not, it also gives the employer the upper hand of terminating an employee anytime despite the absence of a justifiable cause.

Despite the legality of the “at will” employment principle in almost all states, these same states still hold termination of an employee (including denying an applicant employment) due to discrimination an unlawful act. And though claims regarding discrimination (as the cause of termination) may be harder to prove, the U.S. Equal Employment Opportunity Commission (EEOC), which enforces anti-discrimination laws, will not be stopped from investigating any complaint and from filing a legal case against the employer if discrimination is proven.

Wrongful termination occurs when an employee’s dismissal from work constitutes a violation of any of the terms contained in the contract of employment or the stipulations in the employment law. Employers ought to know the various laws that protect the rights of employees (and job applicants), laws such as those enforced by the EEOC (one of which is Title VII of the Civil Rights Act of 1964, which prohibits all forms of workplace harassment, discrimination and abuse based on religion, sex, race, color, or national origin) and the Employee Rights against wrongful termination.

The Employee Rights Law, in particular, includes the many different rights that have been passed, such as: protection from any act of discrimination; rights to return to their previous job after active military duty; limits on drug tests; right to just wage; the right to form and/or join a union; take leaves (without pay) due to birth, adoption, or serious health concerns; right to a healthy and safe working environment; right to workers’ compensation; and so forth.

The most often proven causes of wrongful termination are discrimination, complaining about discriminatory practices, whistle blowing, or an employer or immediate superior retaliating against an employee due to his/her refusal to perform an illegal act. Cary Kane LLP is one law firm that is very familiar with the many issues regarding employment, especially discriminatory practices in the workplace and wrongful termination. In its website it encourages victims (and those who feel they may be victims) of workplace discrimination and illegal dismissal from work to get in contact with a legal professional immediately for the proper legal actions that will save them their jobs and reputation in the workplace.

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Personal Injury Advice You Should Read And Know

Posted by on Aug 25, 2014 in Injury Law | 1 comment

You should be compensated for an injury that was not your fault. It can take a while to get a fair settlement. You deserve a good one. Use this article to educate yourself on the process of choosing a lawyer and reaching a fair financial settlement.

When in a car accident, write down what happened as soon as you are safe to do so. For example, what you were doing when it happened, how you are hurt, what damage there is to your car, what damage there is to the other car, and what you think caused the accident or how the other driver was at fault.

When hiring a personal injury lawyer, it is important to find a practitioner with vast experience working on behalf of plaintiffs. By researching the lawyer’s background and experience, you will be sure that you are engaging the services of someone able to work diligently to secure the compensation you and your family deserve.

Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.

Never try to negotiate with an at-fault party or their insurance company without having an attorney present. They may try to take advantage of your lack of legal knowledge to make you an unfair offer. Even if you feel like you are confident and can represent yourself, call a lawyer and have them present at the time.

It is difficult to get hurt and then have to worry about a lawsuit. This article has discussed some of the simple, yet varied, ways that you can get compensated. You should use these tips to find a good lawyer and get the settlement you need to cover your expenses.

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Physician Liability for Prescription Drug Overdose

Posted by on Jun 24, 2014 in Hospital Accidents | 2 comments

Anyone who is following the story of Dr. Gregory House, the main character in the popular medical television drama “House,” would be aware that he is addicted to Vicodin, a prescriptive drug medication. In the 4th season he overdoses on it, but doesn’t die. Unfortunately, this is not true for more than 35,000 people who die from prescription drug doses every year, 74% of which were accidental while 17% were intentional. For a majority of these overdose cases, physicians are blamed.

The liability of physicians for a drug overdose may not seem immediately apparent. The patient is, after all, in control of how much drug should be taken and should be responsible for any excessive dosage. But a closer look into the medical history of each individual may provide a clue to why doctors are liable for any injury or death of their patients due to prescription drug overdose.

The most common basis for a claim of medical malpractice is the failure of the doctor to take a comprehensive patient history. According to the website of Louisville’s Sampson Law Firm, this will reveal prior drug abuse behavior which is a red flag in potential prescription drug abuse, especially for prescriptions involving narcotics and pain killers. The patient history will also indicate what medications the patient is already on which may be contraindicate certain prescription drugs.

Prescription drugs are restricted precisely because they are potentially dangerous. Doctors are well aware that they need to be especially careful when prescribing these to their patients, and must follow established protocols for doses as well as switching from one medication to another.  If the doctor fails to take the necessary precautions against accidental or intentional overdose on prescription drugs, it may be the basis for a medical malpractice suit.

If you or a member of your family suffered an injury or died from a prescription drug overdose, you may be able to get compensation from the prescribing physician. Get in touch with a medical malpractice lawyer in your area to find out.

On the other hand, if you are a practicing physician who has been wrongly accused of medical malpractice, contact a license defense lawyer in order to keep the license you need to practice. An experienced attorney will be able to help you through the process.

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What To Consider While Forming An LLC

Posted by on Apr 2, 2014 in Business | 6 comments

In order to reach your business’ objectives, you need to secure the set-up of your LLC is properly done. Setting up a Limited Liability Company would be a great way to limit your personal liability (just like in a Corporation), but have the advantage of being taxed under the Partnership. This can be tricky, since there is a chance that you may have registered your company as an LLC, but may not avail the Partnership tax status. It is always best to err on the side of caution to ensure that you have set up your LLC properly in order to take advantage of its benefits.

Limited Liability Company laws in a lot of states provide great flexibility for business owners. For one, the law may allow you continual business operation or, should you prefer, operate on a limited duration. The management of business may either fall to all members or just center on certain member managers. Additionally, state laws may also allow you and your business to be comprised of only one owner, as the often required two or more owners. Although this flexibility that state laws allow seem to be an asset to you and your business, it can also cause some issues.

To make sure that your LLC is taxed under the partnership status, you should follow the specified IRS regulations that establish or indicate what a partnership is and how many of these characteristics should be present in order for your business to be considered as a partnership. A corporation can own a partnership, but a single individual cannot. Corporations also give the control or management to their officers or board of directors, while partnerships provide equal managerial rights for all partners. Only following state laws regarding LLC may still cause you to be categorized as a corporation, therefore requiring you to pay your taxes as a corporation. Talking with a lawyer who specializes in business laws and knows the LLC laws in your state would greatly help in making sure you know what it requires to be qualified by the IRS as a Partnership. Having proper legal guidance could guarantee that you have all your bases covered and gain the benefits that an LLC offers.

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History of Risperdal

Posted by on Mar 14, 2014 in Medical Defects | 0 comments

Risperdal is the trade name for the atypical (2nd generation) antipsychotic drug risperidone, developed, manufactured and marketed by Janssen Pharmaceuticals, Inc., a division of Johnson & Johnson (J&J). Antipsychotic drugs have been used as treatment for maladaptive behaviors since the 1950s, when first generation (typical) antipsychotic drugs were first prescribed to children and young adults. Typical antipsychotic drugs include haloperidol and clozapine.

The first generation of antipsychotics, however, were associated with a range of side effects from mild to life threatening, and patients who were taking them formed chemical dependences on the drugs. To counteract these side effects, the 2nd generation antipsychotics were developed and introduce in the 1980s, and are considered a significant improvement on typical antipsychotics in terms of efficacy and extrapyramidal symptoms (movement disorders). However, atypical antipsychotics are not without side effects.

Risperdal was first approved by the Food and Drug Administration (FDA) for the limited time treatment of adults with schizophrenia in 1993. Ten years later, it was also approved for use on adults with bipolar I disorder category (manic depression). Autistic children and teenagers were next in line when Risperdal was approved for their treatment in 2006, and in 2007 it was certified as the go-to drug for children between the ages of 13 and 17 who exhibited symptoms of schizophrenia as well as viable treatment for children between 10 and 17 who exhibited symptoms of bipolar disorder.

The fact that the FDA approved the use of Risperdal as a treatment to pubescent and adolescent patients is remarkable because it was the first time an antipsychotic drugs was deemed safe enough for this population. J&J marketed the drug for all it was worth, eventually making it the most popular antipsychotic in the market. Many parents struggling to cope with the problems associated with dealing with children with psychiatric problems, including conditions such as attention deficit hyperactivity disorder (ADHD) which is not approved by the FDA, hoped that Risperdal would be the final solution. By 2013, J&J was agreeing to a $2.2 Billion settlement for the improper promotion of the drug for unapproved conditions.

The generic version of Risperdal became available in the last quarter of 2008. Risperidone  was manufactured and sold by Dr. Reddy’s Laboratories, Inc., Teva Pharmaceuticals, and Patriot Pharmaceutics.

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The Effects of Criminal Charges or Conviction

Posted by on Mar 10, 2014 in Court of Law | 3 comments

An individual is considered innocent until proven guilty under the US justice system, but that is only from a legal standpoint. All too often, being merely arrested on something like murder charges can significantly affect a person’s life, let alone a conviction, and this is devastating especially if that person is wrongfully arrested or convicted.

And it does happen. The Innocence Project, an organization that aims to exonerate the wrongfully convicted, has successfully liberated 312 people, 18 of whom were waiting to be executed for a crime they did not commit.  It is to be hoped that they are the rare exceptions, but without competent legal representation, it is just too easy to make a critical mistake that would lead to incarceration.

There are significant effects of criminal charges or conviction for anyone. Depending on the criminal charges, an individual can become ostracized by society, and even if the case is dismissed, people will always wonder and believe the worst. A pending criminal case can also bar a person from educational and career opportunities that may come up. It can take years for a case to be settled, and these missed chances may never come again.

A criminal charge or conviction for certain crimes may also adversely affect the defendant’s integrity, which can count in divorce or child custody cases. For example, if the defendant is convicted of fraud, it can impact on the financial aspects of a divorce. A conviction of a violent crime such as battery or domestic violence can also ruin the chances of a parent to gain custodial or even visitation rights.

When facing criminal charges, the wisest thing to do is to immediately engage the services of a competent criminal defense lawyer to ensure a speedy release and dismissal of an unwarranted case. If it comes to a trial, it is important that the lawyer has a good defense strategy in place to avoid a conviction, and this can depend on when you get the right legal representation.

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Hospital Negligence as Medical Malpractice

Posted by on Mar 1, 2014 in Hospital Accidents | 0 comments

According to the website of these Massachusetts personal injury lawyers, medical malpractice is often associated with injuries inflicted by negligent or incompetent medical doctors, nurses, emergency medical technicians (EMTs), and other health care professionals. Such injuries often have dire physical and financial consequences. This is true for both victims and hospitals, as someone has to pay the costs of fixing such mistakes and it obviously should not fall on on the person who was hurt by it.

There are instances, though, where the hospital may also be considered negligent, and may therefore be named in a personal injury lawsuit.

Generally, a hospital has many protections against liability, placing much of the burden on the medical doctors they have on staff. Medical malpractice lawsuits against doctors typically do not include the hospital where the injury actually occurred because the doctor is a consultant, and therefore not an employee of the hospital. Moreover, while the hospital may be named as one of the defendants for the incompetent, careless, or negligent behavior of its employees such as nurses, orderlies, EMTs, and pharmacists, it may still escape liability if the attending physician was present at the time the injury occurred or otherwise had the ability to prevent the negligence from occurring.

On the other hand, the hospital may be held liable for any doctor-related medical malpractice if it can be proven that it does have an employer/employee relationship with the doctor, or if the doctor was clearly incompetent and the hospital still kept him or her on staff. A hospital may also be liable for medical malpractice when the hospital knew or should have known that a previously competent doctor had for whatever reason ceased to function as usual or turned dangerous to the patients i.e. deteriorating eyesight.

Avoiding allegations of hospital negligence is part and parcel of the rules that regulate the healthcare industry, which is highly complex and subject to interpretation when it comes to litigation. If you believe that the hospital is part of the reason why you sustained a preventable injury while confined or under the care of hospital staff, you should consult with Houston personal injury lawyers with experience in medical malpractice and hospital negligence. Your injuries are not your fault and you should not have to suffer further because someone else failed in their duties, responsibilities, or obligations.

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