12 March

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Types Of Medical Malpractice & Medical Negligence

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

While medical malpractice and medical negligence are often thought of as one in the same, in actuality they are distinctly different. In many cases, however, they occur together. The line that separates medical malpractice from medical negligence is intent. Malpractice is the intentional deviation from established standards of care, while negligence is associated with accidents, oversight, and other unintentional actions. Types of medical malpractice include:Doctor/physician malpracticeHospital malpractice Anesthesia errorsNursing malpracticeSurgical malpracticeDefective medical devices Some examples:• Medication errors, including failure to review all medications a patient is taking and confirming contraindications to use of any particular medication• Failure to monitor patients, improper care,...

28 February

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Key Factors In Multiple-Defendant Birth Related Injury Litigation

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death

When a newborn child or new mother experiences a birth related injury or injuries, legal help is often sought with the goals of holding someone accountable and securing fair compensation. But what if more than one individual or entity is at fault? And how is that deciphered and proven? The answer lies in a united effort between the affected family and an expert lawyer or legal team. The process, to be effective, begins with self care for parents bolstered by useful resources geared toward securing the best possible outcome for the injured child, mother, or both. The following are key...

17 February

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Top Considerations In Maternal Childbirth Related Injury Cases

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Maternal Childbirth Related Injury Cases can be devastating. Little brings more happiness and is more exciting and fulfilling than having a healthy newborn baby. But being a new mother and having the experienced marred by a physical or mental injury—or both—can be extremely upsetting and debilitating. Not to mention the horror faced by families in cases of childbirth-related maternal deaths. From short-term impairments to major long-term physical and mental injuries caused by others, care, compensation, and justice become priorities. Some related causes and effects of childbirth-related injuries mothers may experience include: * Infection * Lacerations *Severe scarring * C-section ruptures *Uterine rupture * Vaginal or anal...

08 February

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Top Considerations In Brachial Plexus Or Erb’s Palsy Birth Injury Cases

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

The diagnosis of an Erb's palsy birth injury in one's child comes with a myriad of devastating feelings and valid concerns, not to mention things to be done to secure the best possible outcome for the child. Questions regarding causes, liability, costs, and current and future care run parallel to learning about Erb's palsy—and often, to seeking experienced legal help. Top considerations during the development of potential Erb's palsy birth injury cases include: 1. Your Child's Care 2. Your Care 3. Confirmation of Your Child's Birth Injury Type 4. Development of a Detailed Summary of Birth Events 5. Selection of an Expert Lawyer or Legal...

14 December

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Statutes of Limitations in Florida

Posted by mslaw

in Auto Accidents, Birth Injury, Boating Accidents, Commercial Litigation, Insurance Claims, Medical Malpractice, Medical Negligence, Negligence, Negligent Security, Nursing Home Abuse, Product Liability Claims, Trucking Accidents, Wrongful Death

Time is an important factor when it comes to Statutes of Limitations in Florida and legal cases. Unfortunately, it can become a pressing issue. While trying to gather information and coordinate legal findings quickly can be difficult to do while grieving, caring for injuries, adjusting to a new way of living, or any combination of these challenges, it is essential to do in order to achieve justice and secure maximum allowable compensation in lawsuits. An important aspect of law that relates directly to being able to take legal action in the majority of potential and provable law cases is the statute of...

07 December

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Legal Help For Birth Injuries & COVID-19

Posted by mslaw

in Birth Injury, Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

In and of themselves, both birth injuries and COVID-19 present major life challenges for individuals, families, loved ones, and caretakers. Combined, they create a new level of devastation via sets of circumstances involving injury, illness, and, in the most heartbreaking and unfortunate cases, death. While prevention in either scenario is ideal, negligence and medical malpractice during a pandemic each have the opportunity to become more prevalent. Situations involving exhausted and overworked physicians, medical assistants, nurses, laboratory technicians, and cleaning crews; reductions in staff; insufficient amounts or lack of personal protective equipment (PPE); improperly cleaned equipment and/or supplies; and other factors can...

21 November

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Breech Birth Injuries & Getting Legal Help

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Among the potential problems that can result in birth injuries are breech birth injuries. Breech births are those in which a fetus is not in the correct position to emerge head first, but rather feet first or buttocks first. The types of birth injuries that can be sustained as a result may affect the child, the mother, or both. In situations in which a baby is in breech position, doctors often attempt careful manual manipulation to move the baby into a head-first birth position. While this is effective in many cases, it carries its own set of risks, including potential umbilical...

01 November

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Wrongful Death In Florida: What You Need To Know From A Legal Perspective

Posted by mslaw

in Auto Accidents, Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Negligent Security, Nursing Home Abuse, Product Liability Claims, Trucking Accidents, Wrongful Death

Among the civil lawsuits able to be brought to court in Florida are those involving wrongful deaths. Per Florida statutes section 768.19, when a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person, including those occurring on navigable waters, it is considered a wrongful death.1 Overall, there are three main aspects to keep in mind with regard to Florida wrongful death claims: 1) only certain parties may bring a wrongful death claim in Florida; 2) there are specifics on damages; and 3) there are time limits for filing a claim. What Parties...

25 October

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Hospital Medical Malpractice Negligence And Legal Liability

Posted by mslaw

in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Hospital Medical malpractice negligence is generally synonymous with the thought of wrongdoing on behalf of a doctor or other medical professional. In actuality, however, there are numerous points of potential liability to consider in hospital medical malpractice negligence cases. Medical care can go awry at any point from admission forward in a hospital. In fact, a hospital may be liable in more situations than you realize. These can include scenarios involving not only doctors, but employees. And in a number of cases, the doctors are not the employees. Doctors: Employees or Independent Contractors?When hospital doctors who are employees provide improper treatment...

01 October

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Birth Injuries: Securing Compensation For Long-Term Care

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

Birth injuries are devastating and heartbreaking, no matter what type. They may be the result of brain damage, asphyxia, hypoxia, organ failure, infection, cerebral palsy, Erb’s palsy, C-sections, or other events. Those that cause permanent injury to a child, a mother, or both create the most serious scenarios with regard to costs and other considerations involving both current and future care. Needs may include: Medical testingHealth monitoringPhysician costsSpecialist costsLong-term caretakersMental health careCustom prostheticsMobility devices (wheelchairs)Specialty educationVehicle modificationHome modificationFurniture modificationTransportation costsSecurityInability to work Given the extent of potentially lifelong needs in birth injury negligence cases, it is crucial to obtain compensation commensurate to...

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