Because of modern medicine, doctors and mothers now have options that will make giving birth faster and less painful. In every procedure, however, are trade offs which present dangers, about which, it has been discovered, many mothers are never told about.
These dangers often result to birth injuries which, according to the U.S. Department of Health & Human Services’ Agency for Healthcare Research and Quality (AHRQ), number to 28,000 annually; those that result to children’s death, however, reach almost 9,000. The sad reality is, these dangers are nothing more than consequences of negligence, which means these can be prevented.
Some very common examples of acts of negligence are hospital practices that lead to medical errors, a doctor’s too much dependence on modern medical devices, a doctor failing to dedicate the time to prepare for proper birth and a doctor dangerously performing a rush delivery.
Based on a 2006 study that was reported to the National Vital Statistics Reports for the Center for Disease Control, the most frequent birth injuries resulting from negligence include:
- Cerebral Palsy. Damage to the brain before or at birth which causes impaired muscle coordination. There is no known cure for this type of birth injury.
- Brachial Plexus Injury (BPI). Refers to damage to the bundle of nerves that run from the upper spine to the hand. This injury can cause temporary or permanent disability.
- Cephalohematoma. This happens when the blood between the skull and the skin’s inner layers pools unnecessarily.
- Caput Succedaneum. Due to too much pressure during delivery, swelling of the scalp is its usual result. This injury, though, is not life-threatening and usually heals on its own.
- Bone Fracture. A result of a difficult or complicated delivery which affects the collar bone or clavicle the most. This injury usually heals on its own.
Thousands of birth injury lawsuits have been filed in the past, all citing negligence as the cause of errors. According to the law firm Russo, Russo & Slania, P.C., “While any injury to a child can have serious consequences, birth injuries are among the most worrisome. Because of how early in life a birth injury happens, it can permanently affect a child’s development and impede the child’s ability to enjoy a healthy, happy life. Furthermore, the costs that birth injuries often cause families to face, including those for medical treatment and physical therapy, can be astronomical.
Birth injuries can occur for many reasons, but in far too many situations, the negligence or carelessness of medical practitioners was at fault. Medical professionals whose negligence causes innocent children harm should be held accountable for their actions or lack thereof. Fortunately, many families whose children suffer birth injuries are able to hold these professionals accountable and get the compensation they need.”
When a married couple decides to end their marriage, one of the most affected will be their children. After living with both their parents, the impact of seeing them living separately can be too hard for the child. Who gets custody of the kids is one of the most important issues that is addressed in divorce proceedings. The website of Marshall & Taylor PLLC reveals that deciding on child custody involves determining the best interest of the child.
There are different kinds of child custody available for the court to choose from. This type of cases is all about looking after the care and welfare of a child. The parent who gets custody is called the “custodial parent” with whom the child will spend most of his time after the divorce. Initially, it is the parents who will decide who will get custody of the child. If they cannot agree among themselves, this is the only time that the court will intervene.
Physical custody may either be shared by both parents in a joint physical custody or awarded to only one parent in a sole physical custody agreement. In joint physical custody, the place of residence is shared between the parents in a way that will allow the child to have equal time and contact with their parents. In sole physical custody, the children permanently stay with the custodial parent while the non-custodial parent gets visitation rights.
In legal custody, one or both parents make major decisions regarding the care or welfare of their child. When one parent decides, it is called sole legal custody. When the court awards joint legal custody, both parents have equal rights with the decision making.
Non-Parent/Third Party Custody
There are instances when custody of the child is awarded to a relative or close friend of the family. In non-parent or third party custody, the person seeking child custody files a petition with the court and pays the filing fees. They also need to have a letter of consent from the parents. The petitioner will then be subjected to a background check and may sometimes be interviewed or have their home inspected.
One way of possibly avoiding dog attacks is to understand how a dog is behaving in the presence of other people. Dog-related injuries, unfortunately, affects approximately 4.5 million people in the U.S. every year, the U.S. CDC said. Dog bites are serious, some people suffer disfigurement while others mostly children, die of injuries or infections after such attacks.
Dogs are known for using different body languages to express their behavior. Individuals who have a good understanding of a dog’s behavior may immediately anticipate and act fast. When a barking dog had its tail tucked under and its ears are pointing backward, it might show that the dog is frightened. People should know that frightened dogs may tend to attack to defend themselves. A dog can be considered playful when its tail is wagging and when its head is on the floor with its front paws are lowered pointing outwards. While dogs to be playful, there are times that they become uncontrollable and accidentally cause injury to other persons. Even considered harmless, dogs should not be provoked as they may fight back. When a dog is walking relaxed with its head and tail lowered, it might show that the dog is submissive in nature. Individuals especially children should not be frightened seeing a dog with such behavior as they might just ignore them. A dog that is staring straight to a person’s eye and showing its teeth is showing that it is planning to attack.
The CDC suggest people curl down and protect their head when attacked by a dog. Immediately seek treatment after cleaning bite wounds with soap and water. Notify local agencies regarding the incident mostly if the victim is unsure if the dog had its vaccines. Dog bite victims should note that they may get treatment funds from pet owners who caused their injuries, according to the website of the Abel Law Firm.
The emissions test scandal of Volkswagen which exploded in the second half of 2015 left the German automotive giant suffering from significant loss in shares, and despite the latest stock recovery experienced by the company a great number of consumers are considering filing a lawsuit. Today, there are still more people filing lawsuits against Volkswagen, and if you own a diesel-powered Volkswagen vehicle you might be considering of filing one yourself.
The claims against Volkswagen involve installation of prohibited devices to deceive emissions testing. This meant consumers who purchased an illegally hacked vehicle unit that has a rapidly decreasing resale quality and is damaging to the environment. Because of a well-publicized negative effect to the environment, Volkswagens’ disclosure of their developed system on their 2-engine vehicles has lead to little buyers of the affected units, and consumers have little left to do but deal with their vehicle units’ pollution control on their own. This has become the main reason why people have been looking to learn more about Volkswagen lawsuits in order to help them know what their options and possible actions will be.
Despite the admittance of their deceit, Volkswagen has yet to provide consumers a proper and permanent fix to the affected vehicles’ problems. The United States EPA (Environmental Protection Agency) has given the can manufacturer a year to mend the vehicles, and the government is also considering filing a criminal case against Volkswagen aside from the already mounting number of civil lawsuits. Due to the scandal, many Volkswagen owners were quick to sell their vehicles, leading to a possible sharp decline of vehicles that usually had high resale value compared to gasoline-powered competitors. The problem may only be aggravated if the solution that Volkswagen offers will help reduce mileage and performance.
Those who have been affected with the Volkswagen emission scandal can either file a Volkswagen lawsuit on their own or join a class action lawsuit, depending on the damages that they suffered. It may be best to first consult with a lawyer to ensure that you will be guided accordingly.
For individuals looking to prevent pulmonary embolism, the Bard G2 IVC Filter was thought of as a viable option. According to the Habush Habush Rottier website, the Bard IVC Filter is a cage-like device that is implanted into an individual’s inferior vena cava or the vein between the heart and the lungs. The device works by removing blood clots before they can enter the lungs and cause pulmonary embolism. This is especially helpful for individuals who need to have blood clots removed but are unable to take blood-thinning medication as a result of another medical condition.
However, many serious medical problems have been linked to this device, including the device migrating to other areas of the body or becoming fractured inside the body. The company behind the device, C.R. Bard is no stranger to questionable products coming from its factories. In fact, the Bard G2 IVC Filter was a replacement for the Recovery IVC Filter which caused similar health concerns among patients. While Bard claimed the new G2 IVC Filter was a safer option, its questionable practices with the FDA raised concerns. The new device was not properly tested due to a doctrine that allows companies to forego testing if the device is similar enough to another product on the market. Regardless of the doubts with the product and the questionable practices of the company, the new filter hit the market and, unfortunately, caused a number of devastating side effects.
Dangerous side effects of the Bard G2 IVC Filter continue to arise with a 12% rate of filter fracture associated with the device, with only a little over half being able to be successfully removed. If you have been the victim of a Bard G2 IVC Filter, it may be necessary to take action against the party responsible for your suffering.
Chapter 7 bankruptcy is also known as liquidation or straight bankruptcy because bankruptcy trustees may liquidate some property in order to pay creditors. Through Chapter 7 bankruptcy, some or all of debt is discharged within a four to six month time span. The process is simpler than Chapter 13 bankruptcy which requires a repayment plan after meeting with a credit counselor approved by the United States Trustee’s office. Chapter 7 still requires meeting with a credit agency but the repayment process is left in the hands of the courts.
A bankruptcy trustee will be court-appointed to handle your debt. Their primary purpose is seeing that the creditors are paid the maximum possible amount. Bankruptcy trustees generally are paid more when they are able to supply creditors with more money. The most common method for trustees to repay creditors is through liquidation of the debtor’s assets that are not exempt.
Debts that will survive bankruptcy include child support and alimony payments and student loans. Student loans may be discharged by the court under strict guidelines however the occurrence is rare. Creditors may also object to a debt being discharged if the debt was incurred illegally, for example by fraud or malicious intent.
According to the website of attorneys Gagnon, Peacock & Vereeke, P.C., the filing process for bankruptcy is highly complex and may be confusing to the majority of individuals seeking to file. Bankruptcy is a complicated legal and financial matter that requires extensive knowledge about the options of bankruptcy. If you or someone you know is considering bankruptcy, contact a bankruptcy lawyer in your area to discuss your specific circumstance. They may be able to help find the best course of action to save you money and hardship.
There is so much of the world that remains undiscovered and there are many secrets within the land that have yet to be unearthed. Thanks to the property laws of the United States, a rarity as these rights are not a common occurrence anywhere else in the world, there is a governing power that protects the legitimate owner of the land, thereby enabling him or her to do with the property as they will. This is inclusive of mineral rights.
Your mineral rights fall within a subset of real estate that is arduous and difficult to explain in a facile manner. But there are ways to utilize and monetize these rights in order to make a profit. As an owner of private property that has potential mineral reserves, you have the right to excavate or mine or do as you please with this property. There are buyers and corporations, however, who deal with this complicated industry and might wish to be involved with a patch of property that you own. Often, they make moves to buy your mineral rights for much, much less than what they are actually worth.
With regard to this, you have the options of selling or leasing your mineral rights. Leasing entails a lot of paperwork involving bonus payments and royalty percentages and lease fees.
If you, however, do not wish to dwell in that industry, the option of selling your mineral rights is on the table. One thing you ought to know about how to sell mineral rights is that one of the benefits of a one-time selling deal is that you wash your hands clean of the whole thing after a direct payment is made. You need not worry about the documentations or logistics that the minerals industry is about as the rights are transferred from one party to another. It is determining the proper value of the property in question that can be difficult to pinpoint as some owners can be scammed out of a better deal for their mineral rights if they are not careful with whom they sell to.
That is why it is the most advisable course of action to contact a specialist of the mineral rights industry to determine what your next step should be.
Not all personal injury claims require the help and representation of a personal injury lawyer, especially if the injuries and claim is minor. However, there are some that would call for a lawyer, and you have to be able to know when you need to hire a personal injury lawyer during the different stages of the claims process. Here are some examples of when would be the most decisive time to hire a lawyer for your personal injury claim.
One reason you need to hire a lawyer if along the way of your claim process you have determined that the claim is too big or if the case has become too complicated to handle on your own. There may be a time where the claims process becomes too legally complicated or technical to be self-represented. You may also require the help of a personal injury lawyer if your injuries have been identified as long-term or permanent according to your doctor. Suffering from a long-term or permanent disability due to the injury can increase the value of the claim, and having a lawyer would assist in maximizing your compensation. Additionally, you might feel that you are inadequate or uncomfortable in handling the case on your own, and hiring a lawyer may be the best option for you to be represented in court. This is especially important if the claim reaches arbitration.
Another reason for hiring a lawyer is when you and the insurance company has reached a deadlock and can’t come to an agreement. This can happen to a number of reasons, the two main reasons being: the insurance company denies liability, or they deny the coverage for the accident. An insurance company may initially deny your injury claim in hopes of you either withdrawing the claim or getting frustrated to the point of giving up and dropping the claim. Likewise, they might also deny coverage and point out that the particular accident is not part or covered by their policy. Your lawyer would then demand a copy of their insurance policy to determine the truth of their claims, and because most provisions can have multiple interpretations, courts often favor for those who have been injured.
One more reason for a personal injury lawyer is when there is the need to argue over a specific legal rule. The involvement of a specific rule can greatly affect the outcome of a claim and could even result to it being denied. Hiring a lawyer like those at Ritter & Associates to sort out and plan the necessary defense could make the claim more aligned with the legal rule in question.
There are many reasons you may need to hire and work with a lawyer. No matter what the reason, there are some helpful tips you can use during your time with a law professional. The advice that follows will help you when you find yourself in need of a lawyer.
When you truly need a lawyer who specializes in a specific field, choose one. While you may have a lawyer who you trust implicitly, they may not know enough to truly handle your case in a manner which leads to a positive outcome. Ask that lawyer for who they might recommend instead.
Work with your lawyer to figure out the best time to get together with them. Some lawyers are hard to reach as soon as they are hired. Making your expectations known from the start will prevent this problem.
Lawyers are advocates for their clients. A lawyer may not say what you want to hear; however, they work for you and want a positive outcome to your case, says http://www.abelinjurylawyers.com. If you’re not comfortable with certain things, tell them so. While your lawyer is looking out for you, they have other cases too.
If you have any doubts about a lawyer you interview, find someone who makes you feel more confident. That is the case with their costs as well. Do not give your lawyer a blank retainer check with your signature on it. The lawyer you choose should be upfront about their fees and the time they will spend on your case.
As you can see, it’s not too hard to find and deal with a lawyer once you have more knowledge. The tips shared here are a good starting off point. Use what you learned and your time with a lawyer can be time well spent in order to win your case.
So you are going about your day, when all of the sudden you are injured out of the blue. You might find yourself asking why this happened to you and most of all, who will pay for this? The following article will help you get answers to these questions and more about personal injury. For more information, check out the website of the personal injury lawyers at the Able Law Firm.
When choosing a personal injury attorney, ensure that you are choosing a law office which has an entire department dedicated to personal injury. Meanwhile, it is common for law offices to pursue several different types of cases, it is important to choose an attorney who’s well versed in your niche.
Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.
It’s not easy to win this type of case. That means you should only use an experienced lawyer. Find someone that has won several cases in this type of law to ensure that your case is properly handled.
Seek medical attention. If you find yourself injured, see a doctor as soon as possible. In addition to being good health advice, you will need the doctor’s diagnosis and paperwork from your visit as evidence. Make sure you document everything, and keep copies for yourself. Failing to get medical attention after an accident or injury can actually reduce the award amount in a personal injury case.
It can be devastating when you are injured and never even saw it coming. This is why it is so important that you get compensated for this unfortunate event happening to you. Hopefully after reading this article, you now feel more confident about what you should do in the event that you suffer a personal injury.