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Birth defects vs. birth injuries

Posted by on Oct 10, 2017 in Personal Injury | 0 comments

As I’m preparing to greet our new little bundle of joy (six weeks off, if he’s on time), I’ve been researching like mad about everything we need, and also everything that could go wrong. On the wrong side, it’s hard to read all of that, but I feel I owe it to myself and to Mark (that’s the little one) as well.

And, I’ve discovered something that I think I ought to share since while it’s awful, it’s also something that people need to be aware of so they can make the best choices for their families going forward.

So, what I’ve discovered is this: there’s a difference between birth defects and birth injuries.

On the one hand, things like Downs Syndrome and heart murmurs are birth defects. Those are things the baby would have been born with no matter what. They’re genetic issues, and nothing could have prevented them, unfortunately. In this case, there’s unfortunately little that can be done beyond caring for the child as best you can.

Not all defects, it’s worth pointing out, are absolutely awful. There are cleft palates, which are fixed easily enough with a small surgery. A club foot is also fixable. But, the main point is they are as inevitable as the birth itself once that baby is conceived. It’s in the DNA.

Birth injuries are another story. Those are due to mistakes made by doctors, nurses, or other professionals helping you in the birthing process. And this, to me, is particularly tragic because the problems were not inevitable, someone made a mistake for them to happen.

They can be no less awful for the family as well. Birth injuries include cerebral palsy, cephalohematoma (a dangerous condition where blood collects in the newborn’s head), and shaken baby syndrome.

I know all those possibilities are horrible to contemplate, but I want to point them out now, here, for other expectant parents, so that you can be aware that if such a tragedy occurs, you have a right to demand compensation for all the financial burden you’ll incur from taking care of that child from day one through the rest of your or his/her life.

A longer list of potential birth injuries can be found on this lawyer’s page, which by the way, you should have in the back of your mind. Not that lawyer, per se, but a lawyer, should any issues spring up involving your child.

As new parents, we are obligated to be prepared for everything. This is the worst side of that responsibility, but it’s a responsibility none the less. I don’t mean for you to be watching for a chance to sue your doctor or accuse him or her of malpractice. Giving birth should be a time of joy and as little stress and worry as possible (although I bet it’s still a lot…). Still, we have to watch out and be aware.

I owe that to Mark, and you owe that to your own little one, whoever he or she may be.

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How to Sleep Better at Night

Posted by on Jun 13, 2017 in Health | 0 comments

Contrary to popular belief, sleeping is not a waste of time. It helps the mind and body recover from the stress it has sustained from everyday life. Without adequate sleep, a person may experience negative effects on both the mind and body. He or she may have mental difficulties, such as in the aspects of alertness, concentration, memorization, and reaction time. He or she may have physical difficulties, such as fatigue and excessive sleepiness during the day.

There are also sleeping disorders out there that can result into worse medical problems. For example, according to the website of Silent Night Therapy, untreated sleep apnea may lead to diabetes, high blood pressure, heart problems, and even stroke.

This puts into perspective how important sleep is for the body and mind. So, maybe you can let go of your mobile phone or computer one hour earlier to get that sleep your body and mind need. Here are some tips on how to get better sleep at night.

Sleep at the same time everyday

Your body clock can be trained. You can train it in a way that you can fall asleep and wake up in a specific time. This way, you will find it easier to fall asleep once you hit the bed and potentially have more sleep compared to those who don’t have a sleeping and waking schedule and struggle to fall asleep.

Have a sleeping ritual

Before you sleep, do the same thing, so you can train your body to know that doing that thing means that it is bedtime. It helps when the thing you choose to do is relaxing, such as taking a warm shower or reading a book. As much as possible, avoid involving computers and mobile devices in this ritual.

Get comfortable

Of course, it is much easier to fall asleep when you feel comfortable. This means that the conditions around you are peaceful enough to trigger drowsiness and sleep. This may depend on your preferences, but typically, a comfortable sleeping place involve proper temperature, lack of lights and sounds, and clean sheets.

Avoid food and drinks

Eating and drinking is a form of disturbance in the sleeping area, because of how they can put you out of bed. You may need to go to the toilet because of excessive eating or drinking, or you may need to throw that junk food package in the trash – either of which puts you out of sleeping time status and potentially put your drowsiness away.

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How Drunk Driving Can Cause Accidents

Posted by on Mar 10, 2017 in Car Crashes, Intoxicated Drivers | 0 comments

Driving while intoxicated is one of the most dangerous behaviors you can do in the road. Alcohol can affect your bodily functions, limiting your driving skills and putting you and the others around you at risk of traffic accidents.

Feelings of Drowsiness
Alcohol can give you intense feelings of relaxation, making you more prone to being drowsy and falling asleep while on the wheel. There are limitless reasons why that is dangerous. Being drowsy can limit your comprehension of traffic signs and judgment skills on the road. Falling asleep can make you turn the wheel in an unexpected direction. Turn left and you can collide with oncoming vehicles. Turn right and you can crash on guardrails, trees, and other obstructions on the side of the road.

Limits in Mental Functions
Limited comprehension is not just the effect of being drowsy, as it can also be the effect of the alcohol itself. When you have limited comprehension, you may not be able to understand traffic lights, road signs, vehicle signals, and judge the distance of other vehicles properly. Aside from that, alcohol can also affect your reaction time, so you may fail in reacting timely and appropriately to stimulus, such as turns and passing pedestrians.

Limits in Physical Functions
Driving requires a significant level of body coordination, particularly with the eyes, hands, and feet. Alcohol can compromise this coordination. Your eyes may get blurry, and your hands and feet may not be effectively controlled while under the influence of alcohol.

Reckless Tendencies
Those who are under the influence of alcohol are also more likely to do reckless behaviors, such as speeding, street racing, tailgating, and weaving. They may also drive with distractions such as mobile phones, food, talkative passengers, and worse, products that may cause further impairment like alcohol and drugs. The dangers of reckless behaviors are amplified because of the physical and mental limitations of the drunk driver.

Drunk Driving as an Offense
The law is very aware of the dangers of drunk driving, so it has become illegal almost anywhere. The offense may result into fines, license suspensions, and even jail times.

But it is important to say that the law is not biased. According to the website of the Amerio Law Firm, DUI cases can be defended. This just proves that, even though drunk driving is dangerous, the law will not blindly penalize everybody. But to be safe, it is better to not even try driving while under the influence of alcohol, to avoid the hassles of legalities.

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Medical Malpractice: Misdiagnosis

Posted by on Dec 29, 2016 in Medical Malpractice | 0 comments

One of the most common forms of medical malpractice is misdiagnosis. This refers to a diagnosis error that can result into delayed treatment, incorrect treatment, or no treatment. This can worsen the patient’s condition, and in the worst cases, the patient even dies.

Not because there is a misdiagnosis there is already a medical malpractice case. The medical world is very complex, and even professionals make errors. They key to a medical malpractice case is the incompetence and negligence of the medical professional and how this has resulted into bodily harm.

According to an informative article from the website of Clawson & Staubes, LLC: Injury Group, medical malpractice claimants must present the following:

  • Real relationship between the medical professional and patient
  • Duty of care
  • A violation in the duty of care, like incompetence and negligence
  • Injury as a result of the violation

Incompetence and Negligence

In order to determine whether the medical professional has been competent or not, it is important to look at his work process. Look at what he has done and what he has not done to arrive at a misdiagnosis.

In trying to identify the patient’s problem, the medical professional creates a differential diagnosis list, containing possible problems. The entries of this list are crossed out after several tests and observations prove that they are not the problem. New entries can also make the list, depending on tests, observations, and opinions of other medical professionals.

A medical professional may be seen as incompetent when he does not even have the correct diagnosis in his list, and if another reasonable medical professional would have if put in the same situation. Another sign of incompetence is if he does have the correct diagnosis in his list, but he fails to perform the necessary tests and observations to rule out the other entries of the list and identify the correct diagnosis.

Even if the accused is a competent medical professional, he may still be subject to a medical malpractice because of negligence, like the improper use of diagnostic equipment, improper diagnostic procedure, and misreading lab results.

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Purpose of a Wrongful Death Lawsuit

Posted by on Jul 15, 2016 in Wrongful Death | 0 comments

Millions of accidents occur due to a person’s own carelessness; however, records show that so many more accidents happen due to the negligent act of someone else.

Acting or behaving in ways that will not endanger another person is a fundamental responsibility to every person. Thus, those who choose to act without regard for the safety of others, causing them harm as a result, can very well expect to be recipients of a civil lawsuit, wherein innocent victims (or victims’ families) would have the right to seek and receive compensation from them.

An injury, which is a result of negligence, is called personal injury; it may be physical, emotional or mental. Personal injuries can happen through many different ways, including, but not limited to: car accidents; motorcycle accidents; truck accidents; construction accidents; medical malpractice; defective products; slip and fall accidents; and, nursing home abuse or negligence. While many accidents result to severe (personal) injuries, there are cases wherein their effect is much more damaging, leading to a victim’s wrongful or untimely death

In the case of wrongful death, the family or dependents of the deceased can file a lawsuit against the liable person or company for the purpose of seeking justice. This legal action or lawsuit is called a wrongful death claim. It is filed for the benefit of the “real parties in interest” or the surviving family members and the decedent’s other dependents. A wrongful death claim is actually a special kind of personal injury lawsuit that is filed for the purpose of seeking compensation for whatever pecuniary or financial damages the dependents may suffer, like loss of the decedent’s financial support, services and companionship, lost prospect of inheritance, and medical and funeral expenses.

According to The Benton Law Firm, it may just be the duty of dependents or family members to bring the the person responsible for the wrongful death of their family member to justice; to hold him or her accountable for whatever wrong he or she has done. Seeking the help of a seasoned wrongful death lawyer for this purpose can be advantageous for the family of the deceased.

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