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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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Defective Hip Implants Harm Many Patients

Posted by on Apr 4, 2015 in Defective Product Lawsuits, Personal Injury | 0 comments

The DePuy Orthopedics has already produced about 200 products, and among them are three hip replacement systems aimed for the younger patients that will fit their dynamic lifestyles. They were made to address the issue of the device failing due to overuse, but the metal-on-metal makeup of the device has caused more health problems. The three hip replacement systems – Pinnacle Hip Replacement System, ASR Hip Resurfacing System, and ASR XL Acetabular System total hip replacement system – has brought about a number of distinct problems due to their design and make.

Among the most common complications of the DePuy metal-on-metal hip replacement systems were infection, metallosis, immobility and dislocation. This has left Johnson & Johnson, the head company of DePuy, to recall some of their hip replacement systems, but the metal-on-metal versions (such as the Pinnacle Hip Replacement System) were simply discontinued but not recalled from the market.

This has prompted many lawsuits to help injured patients to file for lawsuits against the manufacturer for their negligence and disregard for their patients. According to the website of Williams Kherkher, the injuries sustained are even believed to be permanent and could be life-altering for the patient. Because of the additional medical expense, pain and suffering, and diminished quality of life, those who have been patients of the DePuy hip replacement systems have the right to file for medical negligence, defective products or personal injury claim against the manufacturer.

Medical devices should be checked for their safety before being sold in the market to ensure that they are safe to use and will not cause any harm or risks to their patients. It is not only the FDA’s job to check whether the medical device is safe or not, the manufacturer should always put the safety and health of their patients when designing and making their products to avoid complications, especially in the long run.

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The Risk of Rollover Accidents

Posted by on Apr 1, 2015 in Car Crashes, Personal Injury | 0 comments

Head and neck injuries are the most common and often deadly injuries that can occur in a rollover car accident. This is the main reason why car manufacturers are required to test out the safety features of their vehicles before putting them out to the market. Unfortunately for the manufacturers of the Ford Explorer, the roof supports were not strong enough to ensure the safety of the passengers inside the vehicle, and combined with the Explorer’s high risks of rollovers, it has lead to a great number of accidents, injuries and even death since its initial release in 1991.

A great majority of SUV crashes are due to rollovers, and because of the substantially poor roof supports they are more likely to cave in and crush. Cars that are lacking the safety of sturdy roofing support beams might be seen as high risk in the event of an accident. This might mean that they could be more pricey to insure. Insurance is a complicated industry though, you can obtain more information about rollover accidents by contacting your local car accident lawyer. The injuries that can occur to the driver and passengers inside a rollover accident that happens in a vehicle with minimal roof safety supports can be extensive, and they also can be life-threatening. Aside from serious head and neck injuries, a driver or their passengers can suffer from spinal cord injuries, paralysis, deep cuts and burns, and broken bones. Evidence has determined that the vehicle manufacturers knew about the dangers of the roof caving in due to poor support, but still sold the vehicle to the market. This makes them accountable to and damages or injuries that the driver or passenger suffers after an accident.

Aside from personal injury claims, the website of Franklin, WI car accident lawyers says that the manufacturer can be held accountable for product defect. This is because despite knowing the defects and weak roof support that their vehicle has, the still sold it to the market. They should be held responsible for their negligence and disregard for their customers’ safety. Various reports and studies have already proven the danger of the Ford Explorer’s roof caving in during a rollover accident. This is the kind of thing the manufacturer should know and inform their customers about the danger that might be in, as well as be held accountable for failing to ensure the safety of their customers.

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Liability for Child Injuries

Posted by on Mar 25, 2015 in Personal Injury | 0 comments

If a child has been injured due to caregiver’s negligent action or inaction while tasked with monitoring the child, they can be held liable under the Negligent Supervision Laws. A caregiver is responsible for negligent supervision if they have the knowledge (or a reason to acknowledge) that the child is in need of monitoring or protection and that they have failed in their duty to perform this responsibility. Based on reports from the United States’ Centers for Disease Control and Prevention (CDC), unintentional injuries are the leading cause of death for those who are aged between 0 and 19 years old.

Every year, about 12,000 unintentional injuries are reported that are potentially bring about the death of the victim. Some of the causes of these accidents are drowning, traumatic brain injuries, car accidents, defective products, and many others. In order to effectively file a negligent supervision claim, the website of Habush Habush & Rottier S.C. says that getting a lawyer who works in your state can be extremely beneficial. This is important since each state can have their own special or specific laws regarding negligent supervision claims, and since each case is unique they have to know how to work with the system. However, being a negligence claim the basic three principles should still be present and must be presented with proof: (1) the acceptance of responsibility of the caregiver, (2) that the injury occurred because the caregiver was negligent in their duties to supervise the child, and (3) that an reasonable person would have known about the possibility of injury or accident that happened.

Although negligent supervision applies to the child and their biological parent, anyone who has legally accepted the responsibility of guardianship of a child can be held liable for negligent supervision laws. These people include legal guardians, stepparents, school officials, day care providers, relatives, and leaders of community groups that the child is entrusted on. If the caregiver failed to eliminate the danger which the child might be exposed to despite knowing about it resulting to the accident, then the caregiver can be sued. Because it concerns the safety and welfare of minors, the website of the Law Offices of Yvonne M. Fraser says negligent supervision laws are implemented very strictly. Such claims often result in legal consequences for the caregiver, paying compensation for the damages that either the child suffered or from damaged property.

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