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June 5, 2019 by

Mechanisms of Injury Related to Inadequate Maternal Fetal Medicine

When healthcare providers fail to monitor an expectant mother’s blood pressure, blood loss, and other symptoms during and after childbirth, the resulting lack of proper maternal fetal medicine can be fatal for the mother. Though most women in the U.S. give birth without problems, about 50,000 suffer a life-threatening injury and around 700 die. Experts believe that at least half of these injuries and deaths are preventable but not without the mothers receiving adequate maternal fetal medicine. It’s a devastating fact that the U.S. leads developing nations in deaths and injuries to mothers related to childbirth.

 

When a woman’s blood pressure is not monitored closely before, during, and after childbirth, they may lose so much blood that their organs shut down. If their blood pressure climbs to high, they may suffer a stroke. Untreated blood infections or blood clots can be fatal. Even if the mother survives one or more of these conditions, they may be left with permanent paralysis or the inability to give birth to more children.  The greatest tragedy is that these conditions and losses can often be avoided because the technology and medical knowledge available to hospitals, doctors, and support staff are widely known and easily available. When healthcare mechanisms fail and subsequently lead to a serious or fatal injury, those responsible should be held accountable.

 

Preventing Mechanisms of Injury

 

Healthcare providers have a legal and moral responsibility to provide patients with a recognized standard of care. They can be held liable if they fail to take the same actions that other caregivers would under similar circumstances. Preventing the mechanisms that lead to injury of the birth mother is paramount in eliminating deaths and injuries that are otherwise avoidable. When a birth injury lawyer from our firm accepts a case, he or she will consider every possibility in determining if and how a healthcare provider failed in their duty to care for their patient. This includes their responsibility to prevent mechanisms of injury by ensuring the following:

 

  •         Locating medical supplies and equipment near the mother should she experience a life-threatening condition such as internal bleeding, hemorrhaging, high or low blood pressure.
  •         Doctors and nurses on all hospital shifts should be trained on how to recognize and properly respond to common injuries and emergencies and how to administer maternal fetal medicine as appropriate.
  •         Doctors and nurses should monitor expecting mothers closely from the time they are admitted, during the delivery, and after the birth until the mothers are discharged. In some cases, post-birth monitoring may be necessary if there were complications during or after the birth. For example, if there was higher than normal but not immediately life-threatening blood loss, then the doctor should determine if the mother should remain in the hospital for observation.

 

Preventing Injuries and Fatalities Related to Childbirth

 

Families who have suffered the loss of a loved one during childbirth, or who are struggling to deal with an avoidable injury, have legal options for seeking justice. A lawyer represents those who received inadequate maternal fetal medicine that resulted in losses; call today for a free consultation with an experienced birth injury attorney.

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May 26, 2019 by

What To Expect When You File for Bankruptcy

Personal Injury Lawyer

If you have made the decision to file for bankruptcy, it is no doubt at the end of a long and difficult decision-making process. You probably feel like you have been weighing pros and cons for months. Now that you are finally ready to go through the appropriate steps to resolve some of yo debt through the bankruptcy process, it is easy to think that the hard part is over. However, it is important to be prepared for the bankruptcy process which can be long, overwhelming, and emotionally difficult.

The single best way to prepare for what will happen when you file for bankruptcy is to consult with an experienced bankruptcy attorney in your area. Each bankruptcy court will have its own rules and practices by which you must abide. Only an attorney who has been practicing in your bankruptcy court will know the ins and outs of that court’s processes. He or she will be in the best position to guide you and make sure that your debt is resolved in the most efficient and  painless manner.

That said, there are some things that will happen in almost every bankruptcy in almost every court. Here are a few of those things and a brief description of what you may be able to expect:

  • You will be required to attend credit counseling. Before filing for bankruptcy, you will almost definitely be required to meet with a credit counselor who will go over your finances. This is the government’s way of making sure that you have considered your options and are truly ready to file for bankruptcy. The credit counselor may make a recommendation for bankruptcy alternatives, or may suggest which type of bankruptcy is best for you. Typically, you must meet with a credit counselor well in advance of filing for bankruptcy.
  • You file for bankruptcy by using a bankruptcy petition. The act of “filing” for bankruptcy is accomplished by submitting a set of paper documents called a bankruptcy petition to the clerk of the appropriate bankruptcy court. You will have to fill out the documents with a complete listing of your financial information. The petition can take time to complete and it is best to consult with an attorney during this process.
  • The court will appoint a bankruptcy trustee. The bankruptcy trustee is the person who will be responsible for taking charge of your money and assets in order to pay off your debt. Depending on the type of bankruptcy you file, the trustee may take different actions to pay your debt or to create a schedule for you to repay your creditors.
  • You will be required to meet with your creditors in court. After you file your bankruptcy petition, the court will schedule a creditors meeting. At this meeting your trustee will meet with you and your creditors. The trustee will verify your identity and may ask you questions about your finances that are not addressed in the bankruptcy petition. Often, creditors do not actually attend this meeting, but if they do, they will be able to ask questions to the trustee and discuss repayment of what you owe.

These are just a few of the events you can expect to occur during your bankruptcy proceeding. Make sure you are prepared by consulting with a qualified and experienced bankruptcy lawyer early on in the process.


 

Filed Under: Uncategorized

May 25, 2019 by

Know the Difference Between a Joint Venture and a Partnership

Corporate Lawyer

In the world of business, there are two different types of collaborations with slightly different definitions. These are joint ventures and partnerships. It is important to understand the difference between them, although many people get them confused. It is common for even experienced business professionals to forget what makes a joint venture different from a partnership.

Definitions

  • Joint Venture – Two or more people joining together to work on a single business project.
  • Partnership – Two or more people who agree to jointly own a single business.

Part of what makes the distinction confusing is that partnerships and joint ventures are not mutually exclusive. Technically, a joint venture is a type of business partnership. Generally, the term “partnership” refers to when two people each own a portion of a business. The biggest and most significant difference between these two agreements is that a partnership is much more well-defined. By design, there are strict contracts that all involved parties sign making the agreement officially into a partnership. A joint venture, on the other hand, is looser and vaguer. The partnership can be defined as a joint venture if it contains certain attributes. These attributes include split responsibilities over losses, common interest in the partnership’s success, and shared control.

Other Differences

There are some significant differences between a partnership and a joint venture. When choosing what kind of agreement you want to enter into, understand these key differences.

  • Profits – In a joint venture, both parties agree to share the profits and losses of the joint venture equally, but in a partnership profits and losses are divided according to the initial agreement.
  • Contributions – In a joint venture, the two parties may not provide the same type or amount of contribution. In a partnership, all parties are co-owners, and thus have identical legal responsibilities.
  • Businesses – Joint ventures may involve multiple businesses working together, but a partnership is a single business by definition.
  • Duration – Generally, joint ventures are designed to only last a certain amount of time from the very beginning. Partnerships are always intended to be a permanent agreement that can last years.

Other Things To Be Aware of

Importantly, there are a few areas that must be treated differently depending on whether you are in a joint venture or partnership. These are:

  • How taxes are filed and calculated.
  • How liability is determined.
  • How trusts are established.

A corporate lawyer in Melbourne, FL can explain how these differences work in your specific state in detail. It is a good idea to contact a business lawyer before beginning a partnership of any kind.

Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into business law and the difference between joint ventures and partnerships.

Filed Under: Uncategorized

May 24, 2019 by

Accident-Related Traumatic Dental Injuries: What You Need to Know

Personal Injury Lawyer

When a body is subjected to forces that abruptly push it in another direction during a motor vehicle accident, dental injuries are one of many types of damages that could occur. Many thousands of motorists suffer some kind of traumatic dental injury from a traffic accident annually.

Kinds of Traumatic Dental Injuries

Chipped or Fractured Teeth

If the crown of a tooth is chipped or fractured, it can likely be repaired either by reattaching the broken piece or by placing a tooth-colored composite filling in its place. If a substantial part of the tooth crown is broken off, restoring it may require an artificial crown.

When the sensitive inner pulp is exposed or damaged after fracturing the crown of the tooth, a root canal procedure may be necessary. These injuries require special dental attention, and you should seek help from a dental professional as soon as possible.

Fracture injuries that affect the back teeth may require root canal treatment and a dental crown to restore function of the tooth, particularly if the crack extends into the root. More severely injured split teeth may require removal and replacement with an artificial tooth.

Dislodged (Luxated) Teeth

During an accident, a tooth may be pushed sideways, forward, backward, or into its own socket. A dentist can reposition and stabilize the tooth. Root canal treatment may be needed for permanent teeth that have been luxated and should be started within several days of the injury. Once treatment is completed and deemed successful a permanent root canal filling or crown will be positioned in place at a later time.

Knocked Out (Avulsed) Teeth

If teeth are completely knocked out of the mouth, an accident victim should see a dentist immediately. This is an emergency situation and time is of the essence. If treatment is performed quickly, preferably within 30 minutes of the tooth being knocked from its socket, there is an opportunity to save the tooth.

A knocked-out tooth should be handled carefully—pick it up by the crown and don’t touch the root surface. A dentist can evaluate the viability of the tooth, place it back in its socket if it is deemed viable, and examine the accident victim for any other dental and facial injuries. Depending on the length of time the tooth was out of the victim’s mouth, and how it was stored prior to receiving treatment, it might be necessary to turn to options for artificial tooth replacement.

Root Fractures

At times, an accident-induced traumatic injury to a tooth may result in a horizontal root fracture. The location of the split will likely determine the long-term health of the tooth. The closer a fracture is to the tip of the root, the better the chances of success and long-term prognosis. Fractures closer to the gum line are considered more severe. Stabilization with a splint may be required while the tooth heals.

If you or someone you love suffered a traumatic dental injury due to a motor vehicle accident that was caused by a negligent driver, you may be entitled to compensation for dental expenses, lost wages, and more from a personal injury lawsuit. Schedule an appointment with a dentist in San Clemente, CA today, and be sure to tell the dental professional that your injuries are accident-related.

 


 

Thanks to John Redmond Orthodontics for their insight into orthodontics and accident related dental injuries.

Filed Under: Uncategorized

May 23, 2019 by

The Difference Between Assault and Battery

Personal Injury Lawyer

Many times, when people hear about “assault and battery” these terms are generally discussed at the same time; and, as such, many people think that these offenses are one in the same. But that is incorrect. Assault and battery are two separate offenses, with different consequence and sentencing.

Victims of assault or battery often know that they were attacked or threatened, but do not know whether the intentional tort that was committed against them was an assault or a battery. If you have been the victim of an intentional tort, such as an assault and/or battery, it is important to contact an experienced personal injury lawyer as soon as possible in order to get you the compensation that you deserve for the harm you have suffered at the hands of another.

Assault, under most state laws, happens when someone does or says something that places another in reasonable apprehension of harm (i.e., of receiving an immediate battery). This means that threatening someone is an assault, but words alone cannot be an assault. The threatening words must be coupled with threatening or aggressive actions. Battery involves insulting or provoking bodily harm to another that is done knowingly or intentionally. A mere touching can be enough to commit a battery if the touching is done in a threatening way. Similarly, vicarious touching can also be a battery, such as if a person throws a stick at the victim – the attacker does not actually touch the victim, but the stick does.

Both crimes require knowledge, or intent, i.e., the intent to cause harm. It is also possible for someone to commit both an assault and a battery against a victim in the same altercation or incident.

Aggravating Factors

Either assault or battery can be considered “aggravated,” meaning that there was some additional factor during the commission of the intentional tort that warrants harsher punishment and a harsher sentence. Aggravated assault involves the use of a weapon during the assault or committing the assault against a person of a certain class, such as a teacher, an elderly person, a peace officer, or a correctional officer. Aggravated battery involves causing great bodily harm or disfigurement to a victim while committing a battery or causing severe or permanent disability of the victim.

Contact A Personal Injury Attorneys for Help with Your Case

No one should have to suffer in silence as the victim of an assault or a battery. If you have been the victim of an intentional tort, you may be eligible to obtain damages from those who harmed you through a personal injury claim or lawsuit.

Contact an experienced personal injury lawyer at the offices of Johnston | Martineau PLLP, get answers to questions about your case.


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May 22, 2019 by

Your Options When the At-Fault Driver Is Uninsured

Car Accident Lawyer

If you are involved in an accident, once you have ensured that any injuries are taken care of, you should turn your attention to the legal side of things. Whenever you are involved in an accident where another party is at-fault, you should be able to get compensation in one way or another. The primary ways this happens is through the at-fault party’s insurance. Legally, all drivers need to have insurance to cover other cars in the event of an accident, but this does not always happen. Even though it is illegal to drive without it, some do choose not to get the required level of insurance. In this situation, there are three pieces of information you need to know about getting the compensation you are owed:

  • Uninsured Motorist Coverage
  • Filing a Lawsuit
  • No-Fault Car Insurance States

Uninsured Motorist Coverage

In nearly all states, insurance companies are required to offer uninsured motorist coverage. Motorists are never required to get this level of coverage, but it is good to know that it should always be an option. Uninsured motorist coverage provides you with compensation in the event that the at-fault driver does not have insurance. This way, you are guaranteed to get the money you need to take care of any medical bills or repair costs. Of course, it does usually cost a little bit more if you choose to have this kind of coverage. If you are worried about being hit by an uninsured driver, it may be a good idea to have uninsured motorist coverage.

Filing a Lawsuit

If the other driver does not have insurance and you do not have uninsured motorist coverage, your best option may be to file a lawsuit. The other party is breaking the law by being uninsured, so you will have a strong case most of the time. Unfortunately, proving the other party’s fault may be the easy part. If they are uninsured, that may be due to a lack of assets or money. Collecting on your successful lawsuit may be an issue in these cases. Regardless, speaking with a motorcycle accident lawyer in Salt Lake City, UT is a good idea to learn how good an option filing a lawsuit may be.

No-Fault Car Insurance States

Although uncommon, some states are “No-Fault Car Insurance States.” In these states, regardless of who is at-fault, both parties’ insurances pay for their own damages. If you live in one of these states, there is usually no way to get compensation from the other driver. It may be possible if you were seriously injured.

 


 

Thanks to Rasmussen & Miner for their insight into personal injury claims and motorcycle accident injuries.

Filed Under: Uncategorized

May 20, 2019 by

What to Do If You’re in a Car Accident While Pregnant

Car Accident Lawyer

Getting in a car accident is serious enough on its own, but getting in one while pregnant can be substantially scarier because of concern for the delicate fetus. Ideally, minimizing your time in a car during pregnancy would be the safest option, but with today’s busy commuter world, this is something most women can’t afford do.

Following traffic laws and constantly being a defensive driver wary of hazards are important to ensuring your safety, but sometimes accidents can’t be avoided. If you find yourself in one, it’s important to know what to do following the accident. Here are some things to consider if you find yourself in this unfortunate situation.

Seek Medical Attention Immediately

Even if you think you haven’t been seriously injured, it’s important to have a doctor examine you. Some symptoms may not appear right away, and there could be a problem that hasn’t yet come to your attention. Even light bruising to your stomach could mean the fetus has suffered trauma that may result in fetal mortality or disabilities after birth.

Other injuries are more serious to the safety of both the mother and fetus. In the case of an accident, placental abruption is far more likely to occur, where the placenta becomes detached from the uterine wall. This cuts off the fetus’s life support from the mother and causes internal bleeding that could be life-threatening to her. In hemorrhaging cases, the woman may go into shock, and her body will divert blood away from areas it finds unessential, such as the uterus and limbs, to important life-sustaining organs. The chances of fetal mortality are greatly increased in these situations.

Watch out for Later Symptoms

Even if you’ve already been checked by a doctor following the accident, be on the lookout for unusual symptoms later. Dizziness, vomiting, pain in the abdomen or shoulder, fever, chills, aches, or a notable cease in fetal movement can all be indicators that an injury has gone unnoticed.

Consult with a Lawyer

No matter who is at fault, you should consult with a car accident lawyer to discuss your next steps. If you or your fetus were injured in an accident due to another driver’s negligence, you may be able to file a claim to gain compensation for your extra medical expenses and suffering. Since pregnant women are likely to spend even more time seeking medical consultation and aid, they may be entitled to greater compensation than the insurance company is willing to admit.

You do your best to ensure the health of yourself and your baby, but an accident may be unavoidable. Ensuring the financial wellbeing of your future family is essential, so never hesitate to contact a car accident lawyer in Lakeland, FL if you feel something is amiss or that you might deserve greater compensation.

Thanks to David & Philpot, P.L. for their insight into personal injury claims and car accidents when pregnant.

Filed Under: Uncategorized

May 20, 2019 by

What Happens Next? When a Medical Condition Causes an Accident

Car Accident Lawyer

While many car accidents are caused by human error — running a red light, texting while driving, or being intoxicated — some occur due to medical conditions over which there is no control. In these cases, the condition becomes an emergency behind the wheel, inadvertently causing a collision that was not due to negligence on anyone’s part. If you find yourself responsible for a crash because of a sudden emergency, you will have to prove that the condition caused the crash and therefore not your fault.

Proving a “Sudden Medical Emergency”

Many Americans face problems with medical conditions daily, but they vary in severity and sudden onset of symptoms. These sudden events, such as heart attacks, seizures, strokes, and hypoglycemic episodes, can happen behind the wheel and cause an accident. In order to be found not guilty of negligence due to the sudden condition, the defendant must prove that the condition caused him or her to lose consciousness and control of the vehicle. He or she must also prove that the sudden onset of the condition was not previously known.

Proving the Condition Was Sudden and Unforeseeable

Navigating the tricky issue of foreseeability is necessary to disprove negligence. If it’s found that the defendant knew about the potential sudden effects of his or her condition and chose to drive anyway, he or she carelessly ignored the known risks. The defendant needs to prove that the condition happened so suddenly he or she did not have time to recognize the symptoms and pull over safely.

It’s possible that the defendant knows about his or her condition, and a doctor determined whether he or she was fit to drive. If the defendant was told not to drive because a sudden incident could cause loss of vehicular control, then the driver would be found guilty of negligence for putting others on the road at risk.

Finding a Lawyer for Representation

The laws on “sudden medical emergency” vary from state to state, so it’s essential to find a lawyer with ample experience and a record of successful cases to represent you. He or she should be well versed in the laws of your state and have a good sense of whether your case can hold up in court.

A medical condition should never keep you from living your best life, but in the case that it causes an accident, don’t hesitate to reach out to a car accident lawyer in Memphis, TN. Having someone to deal with the complex issues surrounding medical conditions will free up time for you to handle more important things.

Thanks to Darrell Castle & Associates, PLLC for their insight into personal injury claims and car accident injuries.

Filed Under: Uncategorized

May 19, 2019 by

Restitution

Attorney

So you were involved in a criminal case that has cost you time, money, pain and suffering, but you weren’t the offender, you were a victim. There is a system in place for you that allow you to be compensated for your suffering; that compensation is called “restitution”. There have been instances where a court may order that the criminal defendant pay restitution to a victim. If not court ordered. There are times where a victim has filed a civil case against the defendant for the damages that they may have caused, which is also an option to receive money for losses.

In the event of a criminal act, a victim has two ways to be compensation for their losses, restitution and there are specific crime victim compensation statutes that are in place and vary from state to state.

Restitution, much like any other fines issued by the court, can be used against a defendant as part of their sentence, this decision does not entirely have to be at the hands of the victim, and if restitution is not required, it is okay to ask a judge to justify that decision.

To a defendant, restitution is considered a fine but they are not exactly the same. The fine is a form of punishment; the restitution is a form of repayment. Much like a personal injury case, restitution is paid to a victim whose life has changed emotionally and/or financially due to the incident in question, and if this can be seen as a form of rehabilitation for a defendant. For example, if a defendant steals a victim’s vehicle and sells it, it is very likely the defendant will then be held responsible for restoring the damages as well as jail time.

Restitution is paid out to the affected parties as it relates to the criminal offense. If there was a murder, the surviving family may be paid. Restitution is also paid to those who may have compensated a victim during the victims suffering, and paid out to specific expenses. For example:

  •      Funeral
  •      Medical
  •      Employment (loss wages)
  •      Damaged property

A victim must also consider the defendant’s ability to repay the debt or damages, as asking someone for what they do not have is very irrational. There are several stipulations to restitution and if you or someone you know has been sentenced to restitution, it is best to speak with a skilled attorney in Dekalb County, GA that will be able to explain your rights and what is expected of you.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and restitution.

Filed Under: Uncategorized

April 18, 2019 by

Chiropractic Treatment After a Slip and Fall

Slip and Fall Lawyers

Even the most careful of people can become a victim in a slip and fall accident. You may have tied both of your shoes, held onto a handrail, or looked where you were going, but even in the best of circumstances, outside events can cause you to slip, fall, and hurt yourself. When this is the case, you want to ensure you document everything you can while you are at the scene and get the medical attention you deserve. Unfortunately, people can slip and fall for almost any reason. There may be uneven pavement, a slippery surface, or an area with dim lighting that creates the perfect environment for a slip and fall. When this happens, one of the most important things that you can do is seek medical help after your accident, even if you are unsure of whether or not you have injuries. If you are concerned about taking heavy doses of medication for your injuries after a slip and fall, seeking help from a chiropractor can be the perfect solution for you.

What are some of the most common injuries from a slip and fall accident?

There are many injuries that can happen from a slip and fall accident on public or private property. Some of these are:

  • Whiplash. While many people think of whiplash as a car accident injury, whiplash can happen at any point when your head jerks from side to side or back and forth. This can be a particularly painful neck injury.
  • Tailbone Fractures. Often, a slip and fall injury will cause someone to fall on their tailbone. When your tailbone is fractured, it can cause other problems in your body including spinal misalignment and nerve injuries.
  • Soft Tissue Injuries. A soft tissue injury can affect your muscles, cartilage, and ligaments.

How can a chiropractor help?

When you go into your chiropractor’s office for the first appointment, it is important that you tell them exactly why you are there. When you tell them that it is for a slip and fall injury and you would like to have medical records and evidence to show the court when you present your claim, your chiropractor can take care to detail your injuries, keep track of bills, and document how their treatment is helping with your injuries. Then, they can show how their treatment specifically is helping to improve your condition and heal your injuries.

Your chiropractor can discuss the different forms of treatment they offer to help you with your specific injuries. The treatments may include a chiropractic adjustment chooses, acupressure, massages, laser treatment, and even forms of physical therapy that you can take home and work on in between appointments. These kinds of chiropractic treatments after a slip and fall injury can help to reduce pain and inflammation, improve blood and oxygen circulation throughout the body, and adjust your spine to its natural alignments to relieve stress on your nervous system.

 

Filed Under: Uncategorized

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