Wednesday, January 28, 2009

Your cerebral palsy lawyer and your legal rights

Cerebral palsy is a brain disorder that affects a person's motor skills. This affliction is usually acquired before, during, and after birth and will tend to stay throughout the child's lifetime.

There are many types of cerebral palsy symptoms. Cerebral palsy treatment and therapy are available to make cerebral palsy patient’s lives more normal.

Cerebral palsy can alter the lives of children and their family. If your child exhibits cerebral palsy symptoms be prepared. Your child's condition can drastically change the way you live your life forever.

Most families don’t have the financial capability to cover the cost of treatment and therapies for their child who has Cerebral Palsy.

For this, you can consult a cerebral palsy lawyer to get the medical compensation that you deserve and in some cases, get you discounts on medications and treatments in the hospital.

For additional help, you may join Cerebral Palsy Associations. However, these associations can only do so much. Oftentimes, because of the large number of cerebral palsy patients that are in need of financial support they tend to make you wait for your turn.

Cerebral Palsy Associations will conduct an investigation whether or not your child has acquired the condition because of mishandling during birth that in turn caused brain damage so they can file a medical lawsuit against the doctor or the hospital.

If you want the proper medical compensation, you can obtain it by hiring a cerebral palsy lawyer.

If you think that there has been birth or delivery mistakes that may have caused the child’s condition, you should immediately contact a cerebral palsy attorney in order to get you the right medical compensation.

The money that medical lawsuits can provide is more than enough for the treatment and medication for your child who has cerebral palsy.

Another great thing about cerebral palsy lawyers is that you owe them nothing until they've helped you get your medical compensation.

Mishandling a child during birth is a very common cause of cerebral palsy. So, you should not erase this on the list of possible causes and you can really make the doctor or the hospital pay for what they are responsible for.

You can also hire a cerebral palsy lawyer to let the hospital give you a cheaper treatment fee for your child. This can really benefit you because cerebral palsy treatment is often long term and entails a lot of expenses.

Always remember that cerebral palsy treatment can be expensive. You can always seek help from Cerebral Palsy Lawyers to get you the proper medical compensation and also significantly lower the treatment fee for your child with cerebral palsy.

Saturday, January 17, 2009

Misdiagnosis leads to young mother's death

Like any mother, Edel Kelly held on to every second she could with her two young sons and fought breast cancer to the very end.

Despite her fading energy, she did all she can to expose what the inadequacies in the system that led to her misdiagnosis -- those who she believed had cheated her of precious months or even years as a mother and a partner.

She first went to her GP, worried about a lump in her breast in July 2006 and was referred to Ennis General Hospital in August. But in December, the doctors told her she was in the clear. For a few short months, she was given the false hope that she would watch her beloved six-year-old Jack and three-year-old Lee grow up.

However, she was brought to hospital on October 19, 2008 as a result of vomiting blood. Then they broke the terrible news: The lump she had been told was benign turned out to be breast cancer and had fatally spread to her liver and bones.

The blow, after the faith she had placed in the medical practitioners, was unfathomable. Her GP had acted promptly in referring her to Ennis General Hospital

Shortly after, an ultrasound was carried out where it was found she had a "soft tissue mass," which warranted further investigation. The final diagnosis from Limerick regional hospital said there was "no tumor identified" after a core biopsy took place.

However, attached to the diagnosis it was stated "clinical correlation recommended," indicating that the results should be looked at with other details including ultrasound and the fact that a physical lump had formed.

But a report to Edel's GP said test results were "benign" and she was reassured of her health.

She had no reason to doubt the verdict of the experts. So it was with shock, and subsequent anger, that she heard of the fatal spread of the disease through her body the next year.

She consulted a medical lawyer, Eugene O'Kelly, to take legal action. "No compensation will ever make up for the loss of the boys' mother. [However] we would like to get something for them to help them as they grow up."

With raw determination, Edel pursued the legal route through her final months. "We know that she had breast cancer but she could have had that breast removed. She might have had a few more years left and more time with her boys if it was diagnosed in October 2006," said her mother. Strong to the end of her ordeal, Edel was brought home in her final days and lost consciousness on the evening of Thursday, June 19, 2008. She died two days later, surrounded by her family.

"Lee will never know what his mother was like. He is too young. It's so hard to explain to the children what happened," said Edel's father John.

If you believe that you are a victim of medical or doctor malpractice you should contact one of the experienced and trustworthy medical lawyer or attorney in your area.

Even if you are doubtful regarding the strength of your case, it is better to take it to the medical attorney who can look for your potential betterment.

The medical malpractice advice says that you should not get delayed if you believe you are the victim of medical or doctor malpractice. There is such a thing called Medical Malpractice Statute of Limitations. Ask your lawyer about it and file the claim as soon as you can.

Tuesday, January 13, 2009

Child with quadriplegic CP receives $7.5 M medical compensation

Following an intense mediation process, the family of a baby born with quadriplegic cerebral palsy was awarded $7.5 million medical compensation.

It was determined during the mediation process that the child’s debilitating condition was due to medical or doctor malpractice.

Quadriplegic cerebral palsy is considered one of the most severe forms of cerebral palsy. Throughout the patient’s life, round-the-clock care is required, as patients afflicted with this type of cerebral palsy won’t be able to sit, walk, eat and, in some cases, breathe on their own.

The child’s mother, a healthy young woman, arrived at a hospital to deliver her baby a few years ago. She was expecting a typical delivery, as she had, up until this point, experienced a normal pregnancy.

The initial fetal monitor readings indicated that her baby was healthy. However, within two hours of arriving at the hospital, the baby started showing signs of distress.

In another two hours the nurse would call the obstetrician. At this point, the baby's heart rate had already dropped dangerously low.

Falsified medical records

The OBGYN performed a C-section. Upon birth, however, the baby was not breathing and had no heartbeat. Although medical records indicated that a pediatrician had been present at the birth, later, an attending nurse admitted that this wasn't the case and that no pediatrician was present.

After trying to resuscitate the baby for six minutes, a respiratory therapist finally administered a breathing tube, which was placed in the baby's stomach, rather than in the lungs where it should be.

If only a pediatrician were present, the mistake would have been corrected immediately. It eventually took ultimately took 26 minutes for the baby to achieve a normal heart rate. Permanent damage had already been done, as the baby had developed quadriplegic cerebral palsy due to lack of oxygen during and after the birthing process.

The $7.5 million settlement awarded in this cerebral palsy case will go towards paying for the vital lifelong care this baby needs to survive.

Cerebral palsy causes

Cerebral palsy is an incurable, devastating condition that impairs speech, coordination, movement and health brain function. Fetal development problems and/or medical mistakes made during (and after) delivery typically cause the brain damage that results in cerebral palsy.

While any medical mistake that deprives a baby of oxygen will contribute to cerebral palsy, some of the most common cerebral palsy causes include:

• excessive use of vacuum extraction

• failure to perform immediate C-section

• unrecognized (or untreated) fetal distress

• use of certain medications during the delivery process

If you have a family member living with cerebral palsy see a medical attorney or cerebral palsy lawyer for information regarding your legal rights.

Thursday, January 1, 2009

Overlooked doctor malpractice forms

Each year, about 44,000 to 98,000 deaths in hospitals are attributed to preventable medical errors commonly known as medical or doctor malpractice. Doctor malpractice comes in many different forms. There are cases that are very obvious, while a number of them require a more careful examination.

There are three forms of medical or doctor malpractice that are usually entirely overlooked:
  • Birth injury;
  • Dental negligence; and
  • Medication errors.
Birth Injury

Birth injury, or birth trauma, is a common, and also very traumatic, form of doctor malpractice. Often this has caused many families to silently suffer rather than seek legal advice. Birth injuries happen when a fetus suffers injury during the labor and delivery process. Statistics show that six out of every 1,000 live births in the United States each year are traumatic.

Many of the birth injuries that occur each year are the result of preventable accidents. These include baby slipping out of a nurse's grip or rolling from a hospital bassinet.

In many cases an improperly done routine procedure such as a cesarean section is the cause of birth injury. In others, fetal injury may be the result of the doctor or nurse's failure to appropriately respond to signs of fetal distress.

Regardless of the incident, birth injuries due to medical malpractice have the potential to cause your child a lifelong illness or a permanent disability and are a very serious occurrence. If you believe a family member has suffered from a birth injury contact an experienced attorney immediately in order to secure the necessary funds to cover your child's medical expenses.

Dental negligence

Dental negligence occurs when a dentist or oral surgeon fails to provide the proper standard of care and causes injury to a patient.

Common injuries caused by dental negligence include:
  • failure to detect gum disease;
  • permanent/temporary nerve damage to the lingual or inferior alveolar nerves;
  • improper use of dental instruments; and
  • improper or unnecessary treatments.
Usually these injuries are the result of what should be a routine procedure, such as a root canal or the removal of impacted wisdom teeth. Many cases of dental negligence go unreported every year.

Consult a medical lawyer in your area if you have suffered unduly because of dental negligence.

Medication errors

Medication errors affect at least 1.5 million people each year, making it among the most common medical errors in the United States. Each year, about 7,000 deaths are attributable to medication errors.

The most common medication errors involve incorrect dosage, prescribing the wrong drug and using an incorrect method of administration, according to the U.S. Food and Drug Administration.

It is also common for health practitioners to make mistakes as a result of not knowing enough about a patients' medical history (allergies, current medications, previous treatments). Lastly, the miscommunication of drug orders also plays a role in medication error.

If you feel you or a loved may have suffered from birth injury, dental negligence, medication error or any other form of medical or doctor malpractice, see a medical malpractice attorney immediately. Usually a medical or doctor malpractice claim will include compensation for your pain and suffering, as well as payment to cover incurred medical expenses because of the doctor malpractice.