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Personal Injury Blog

Latest Topics & News
18 April
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Previously Rejected Medical Malpractice Birth Injury Lawsuits

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Brachial Plexus Birth Injuries

Statutes of limitations. Case overload. Lawyer inexperience or preferred cases. These are only a few of the reasons why medical malpractice birth injury lawsuits might be rejected by a lawyer or legal team. In some instances, it can leave victims and parents (or surrogates) of medical malpractice birth injuries in tight spots with regard to securing legal help within the legally allotted time frame. This is especially true when legal help is sought too close to the time the statutes of limitations are set to expire. Today more than ever, time is of the essence in seeking legal help for potential...

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08 April
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A New Deadline On General Negligence Lawsuits

Posted by mslaw
in Negligence
General Negligence Lawsuits

What constitutes negligence? It’s a question often asked, and has important legal bearings when it comes to filing lawsuits. Cornell Law School defines negligence as follows:1 “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).” The signing of House Bill 837, Civil Remedies, into law on March 24, 2023 imposes a new deadline on general negligence lawsuits from four years to two years (active duty service members are exempt from this provision).2,3...

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01 April
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Maternal Birth Injury Deaths: 2023 Update

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Maternal Birth Injury Deaths

The number of maternal birth injury deaths in the U.S. has risen at an alarming rate over the past few years.1,2 And while Covid-19 is often the presumed culprit, the virus itself may in fact be only one factor that has created an offshoot of other causes and risks. For example, changes in hospital and birthing center staff, including physicians, specialists, and other staff members, as well as changes in protocol, often require that individuals undergo additional training. This is particularly likely in cases in which individuals change professions within the medical field or are new to medicine. This can...

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25 March
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Are We Too Late To File A Birth Injury Lawsuit?

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Birth Injury Lawsuit

Time is of the essence in medical malpractice negligence birth injury lawsuit cases, partly due to how Florida law is structured. The Florida Statute of Limitations (Chapter 95, Florida Statutes), allows only two years from the date medical malpractice negligence (including malpractice involving birth injuries) is discovered, or should have been discovered with the exercise of due diligence.1 The statute also notes in detail that in no event can a legal action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, with the exception that the 4-year...

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14 March
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Three Causes of Hypoxic-Ischemic Encephalopathy HIE Birth Injury

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
HIE Birth Injury

A decrease or lack of oxygen or blood flow to an infant’s brain, known as birth asphyxia, can lead to hypoxic-ischemic encephalopathy HIE birth injury, a form of brain dysfunction.1,2 HIE may be recognized by a number of symptoms, including breathing problems, unusual muscle tone, a lack of common reflexes, and seizures, among other things.1  It can occur at any point before birth, after birth, or during labor and delivery. In some cases, it is due to medical malpractice negligence in the form of an HIE birth injury. Three causes of HIE are: 1) umbilical cord compression or prolapse, 2)...

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06 March
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Brachial Plexus Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Brachial Plexus Birth Injuries

Brachial plexus birth injuries are those involving a network of nerves that can affect an infant’s shoulders, arms, or hands, or any combination thereof, and may even affect an infant’s eyes.1  Unfortunately, despite the many advances and improvements in childbirth-related healthcare over the past several decades, the number of brachial plexus birth injuries has continued to rise.2 In some cases, such injuries are due to medical malpractice negligence. They may result in short-term or long-term physical problems, depending on a number of factors. Brachial plexus birth injuries —  particularly those that persist long term — can be caused by  maternal health...

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28 February
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Episiotomy Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Episiotomy Birth Injuries

Among the numerous types of potential medical malpractice negligence birth injuries are those involving episiotomies. An episiotomy is a common procedure in which an incision is made through a mother’s or surrogate’s perineum during childbirth.1 In some cases, episiotomies result in episiotomy birth injuries that affect a mother (or surrogate), a baby, or both. For example, according to doctors Wise and Kodner in an article in Clinical Gynecology, the rate of a mother experiencing a sphincter injury due to a midline episiotomy during vaginal delivery is up to nine-fold that of a mother who does not have an episiotomy.2 Potential episiotomy...

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17 February
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Birth Injury Depression

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Birth Injury Depression

Whether it is referred to as emotionally related childbirth trauma, psychological birth trauma, postpartum depression, or PTSD, the stress, strain, and exhaustion that can result from birth injuries all fall into one basket: mental health. The debilitating effects can include sleeplessness, loss of appetite, and high anxiety, to name a few. They often affect relationships and lead to problems at work for both mothers and fathers, including job loss in some cases. The resulting emotional and financial impacts can cause additional mental stress, adding to the vicious cycle of birth injury depression. When birth injury depression is a likely result of...

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10 February
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Premature Birth Infant Birth Injury: Lungs

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Brain Injury During Birth

Premature birth (also referred to as preterm birth) can wreak havoc on the health of both mothers and babies. In fact, a time frame of infant delivery even one week early has the potential to create serious complications for both the mother and baby.1,2 This includes incomplete development of an infant’s lungs, or lung damage. While numerous vital organs, including a baby’s brain, have the potential to be damaged or not fully develop when a premature birth occurs, the lungs may develop what is known as bronchopulmonary dysplasia, or BPD, a chronic lung disease in which the air sacs (called alveoli)...

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31 January
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Uninsured Doctor Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Uninsured Doctor Birth Injuries

“Can we file a birth injury lawsuit against a doctor who has no medical liability insurance?” In short, the answer is yes. Cases involving uninsured doctor birth injuries in which provable medical malpractice negligence has occurred can generally be developed into lawsuits. Florida state law does not require that a licensed physician carry medical liability insurance if that physician meets specific requirements set forth in the law.1 The law does, however, require that a statement be prominently posted stating the following:  “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for...

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