Medical Malpractice: Erb’s Palsy

Erb’s palsy is typically considered one of the most common types of birth injuries in the United States. Based on the American Academy of Orthopedic Surgeons, only 1 or 2 of every 1,000 babies born in America have this specific condition. Infants with Erb’s palsy have problems with weakness or paralysis in one-arm.

The brachial plexus is a network of nerves between the throat and arm. Nerves that go from your spinal-cord to the arm, hands, and fingertips form it. This network merges in a place on the right or left side of the throat. Erb’s palsy occurs when the brachial plexus is injured during child birth. The condition is common in newborn babies who’ve had hard or complex deliveries while various conditions add to the risk of this kind of injury. To be unique, Erb’s palsy usually occurs when the baby’s neck is extended during birth.

The variable causing the rise of the Erb palsy is negligent or careless errors made by medical staff throughout childbearing. Physicians or nurses can harm the delicate neural system of newborn babies by pulling at the head throughout delivery at the incorrect time when pulling the infant out of the birth canal and using extreme force on the shoulders.

Fortunately, newborn babies who develop Erb’s palsy can obtain feeling and motion in the affected arm with proper medical aid and treatment. That is why it is essential for parents to pay careful attention. Early detection will help prevent long term impacts that may cause long-term handicap and muscle atrophy. Individuals with Erb’s palsy may show signs of single-arm weakness and numbness in one arm. For more severe cases, individuals may discover that their baby’s arm is lax without the sign of movement.

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What Causes Airplane Accidents?

Compared to other modes of travel and transportation, most experts seem to agree that airplanes can easily be considered as the safest and most convenient. According to data from the Aviation Safety Network or ASN, air travel in the last recent year the safest it has ever been. As noted by the ASN in their latest industry report, the year 2014 was the safest year in commercial aviation despite some high-profile crashes that took over news headlines. Data shows that 2014 saw a total of 21 fatal accidents that resulted in 990 deaths. Given that worldwide air traffic is estimated at 33 million flights annually, the 2014 figures translate to 1 fatal flight for every 4.13 million flights.

While the data shows positive trends in air travel safety, the fact that accidents can continue to occur cannot be completely shaken off. Even with commercial aviation’s reliable safety record, the possibility that some error might cause an accident cannot be bypassed or ignored. The fact that factors causing the worst airplane crashes are hard to predict and foresee on time is a cause for alarm. Take, for example, one of the worst aviation accidents that took place in 2014. On March 8, the Malaysia Airlines flight MH370 carrying 227 passengers and 12 crew members disappeared. Among the contributing factors that that experts are considering for the flight’s disappearance includes the possibility of mechanical error.

The website www.jeffsampsonlaw.com points to other possible scenarios contributing to other airplane crashes. Some of the most common causes for such crashes include airline negligence, air traffic controller error, pilot error, pilot intoxication, and airplane defects or malfunction. When these incidents do occur, it’s important for victims and their families to know which parties should be held accountable for their injuries or loss. Airlines, pilots, traffic controllers, and other key players in the aviation industry are held with high regard. This should be met with the knowledge that they are responsible for the lives of millions and millions of passengers trusting that they will be provided with the safest and most convenient travel experience.

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Seat Belt Defects: A Common Cause of Injury

It is a well-known fact that vehicular accidents are common scenes in roads and highways all over the United States. This reality has led to several campaigns where drivers and commuters are constantly advised to prioritize traffic safety by observing proper practices, as well as traffic rules and regulations mandated by law. One of the many tips advised in these campaigns is the call to use seat belts regularly. As pointed out by the Centers for Disease Control and Prevention, in case of an accident, the use of seat belts cut the possibility of serious injury and fatality by about half.

Considering this information, it’s easy to see why seat belts are an integral part of any vehicle. There is no doubt that such a simple apparatus can save drivers and passengers from the devastating effects and long-term consequences brought about by most types of car accidents. Unfortunately, there are rare occasions when seat belts are unable to perform their necessary function due to some defect. When this happens, seat defects often lead to a host of outcomes that aggravate an already difficult situation.

Seat belt defects are among the most common type of car defects and malfunctions caused by manufacturers that have become reckless or negligent during their testing process. These types of defects are known to cause a variety of injuries. For example, seat belts that fit too tightly can cause severe compression to the chest and abdomen area during a collision. On the other hand, seat belts that are too loose or are improperly installed can fail to work in a crash, causing the driver or passenger to yield to the force and suffer injuries that range from fractures to internal trauma. Stronger collisions and other major crashes like rollover accidents can result in even more devastating outcomes, such as disability, paralysis or even death.

When any of the above scenarios take place, it’s important to hold negligent manufacturers responsible for the defective products they put out in the market. Victims and their families can seek out legal action and pursue just compensation to find the closure they need to move on from such a traumatic event. View more about seat belt defects.

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Whiplash: The Most Common Injury in Car Accidents

In car accidents, the severity of injuries are determined by different factors, such as the use of seatbelt, the effectivity of the car’s safety features, including the air bag, which part of the cars were hit (the most dangerous is head-on collision), and the speed of both vehicles before impact.

Injuries that can be sustained in car accidents range from minor bruises to serious physical harm. While lacerations, bone fracture, neck and spinal cord injuries, and internal injuries may result during serious accidents, one that registers the highest consequence, as shown in the records of the American Chiropractic Association (ACA) is whiplash, a neck injury that is caused by a sudden violent blow to the head, causing it to jolt back and forth.

Some of the effects of whiplash are injury to the soft tissues in the neck area, as well as damage to the ligaments, muscles, and tendons. Injuries resulting from whiplash, however, are often not immediately determinable, making it very important for the injured to be observant of the symptoms associated with it, like a sense of pins and needles in the arms area, headache, dizziness, blurred vision, nausea, swelling of the neck, back pain, difficulty swallowing, muscle spasm and sudden lack of energy.

Being hit by another car, practically from any direction, regardless of that car’s speed, can cause whiplash. Thus, to lessen the likelihood of anyone sustaining this type of injury or to reduce the gravity of the effect of collision, car safety experts advice drivers to always wear a seatbelt besides doing the following:

  • Make sure that their car’s seat is inclined to an angle that is less than 20 degrees as this will help keep them in their seat during a rear-end impact
  • Adjust their seat’s head restraint to a level not too high or too low from their head
  • Make sure that the seat’s head restraint is about 2 inches or 5 cm from the back of their head.

Vehicular accidents may be the top cause of whiplash; however, the injury can also be sustained due to a fall, in sports or because of assault. While there may be instances when an accident, which caused whiplash, can be blamed on the injured victim himself or herself, there are many more occasions when it is a result of another person’s negligence.

The website of The Law Offices of Crowe & Mulvey, LLC, says that everyone’s shared responsibility in acting in ways that will never put anyone at risk of accident or injury is part of the law. Thus, a negligent act that causes harm to others holds the liable person or party legally answerable to the victim/s of his/her carelessness. One major legal implication of an injury-causing negligent act is compensation to the victim for whatever damages that victim may be faced with. But while cost of medical treatment and loss of wages (if the injured is employed and misses work due to the injury) may be computed easily, other sufferings that the accident can cause in the victim, like trauma, is not easily calculable. This is one of the reasons why being represented by a seasoned personal injury lawyer is necessary, whether in a lawsuit or in an out-of-court settlement.

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Construction Site Injuries: Common Accidents and Long-Term Effects

Construction can be an extremely dangerous profession. There are plenty of hazards to face when you’re building roads and infrastructures. Considering the nature of these tasks, construction work is noted to be one of the most dangerous professions in America. According to the Occupational Safety and Health Administration (OHSA), there were 796 reported cases of construction-related fatalities in the year 2013. These tragic outcomes made up about 20 percent of all workplace deaths that have been reported in the country.

According to their data, OHSA found four major causes of construction site injuries. They’ve dubbed these accidents as the ‘fatal four’. As indicated in the same 2013 report cited previously, falls were responsible for 36.9 percent of fatalities that occurred in construction sites. Meanwhile, getting struck by an object was indicated to have led to 10.3 percent of all reported deaths. Next on the list were electrocution accidents, which caused 8.9 percent of the tallied fatalities. Finally, 2.6 percent of construction site fatalities were found to have been caused by getting caught in between equipment.

The website of the Mokaram personal injury law firm also notes the following as common construction site accidents:

  • Unsafe and unregulated worksite
  • Defects with scaffolding
  • Falling hazards
  • Accidents with large vehicles and other equipment

When workers survive these accidents, they could end up facing debilitating injuries that could have devastating long-term effects. For example, spinal cord injuries can result in temporary or permanent paralysis. Meanwhile, a traumatic brain injury could cause both cognitive and neurological issues. Not only will these injuries impede their ability to work and earn a living, they could also be burdened by trauma and other psychological effects following the accident. Because of this, it’s important that construction companies are held accountable for creating a safe working environment for every employee.

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The Consequences of Child Injuries

A car accident that resulted in the death of a 3-year-old boy was reported in the Denver area, after an elderly driver hit a mother and her two children while they were crossing the street along the South University Boulevard of East Ohio Avenue. According to witnesses, the mother was holding both her children, the 3-year-old boy and his 7-year-old older sister, as they were crossing the busy street when the vehicle turned left and hit the family. The mother and older sister was treated and later released. Unfortunately, the boy was not able to recover from his injuries and died in the Children’s Hospital following the accident.

This is tragic news is just among the many car accidents that prove the severity of injuries that a child can suffer from a car accident. According to a recent study made by the Department of Transportation, children are ten times more susceptible to suffer from catastrophic injuries that can have life-changing effects on their life, especially in a rollover accident or a hit and run. The study further states that the most common child injuries in car accidents are head injuries, followed by chest and lung damage that could lead to developmental problems in their later years.

In cases where the victims are pedestrians, the protection against car accidents is next to zero, therefore the child injuries that would result in such accidents are often fatal or life-threatening. Even filing a personal injury claim after an accident can mean nothing if the child will suffer long-term or permanent disability after the accident. The difficulty of taking care of an ill or injured child can be devastating to any family. A personal injury claim can provide the child’s family financial relief for the damages caused and for future treatment and medications. And these are particularly important for long-term injuries to ensure that the child will have a normal life.

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Juvenile Assault in New York

It is fatally easy for a juvenile to be charged for simple assault because children and teenagers do not have the maturity or experience to exercise restraint when in the grip of overwhelming emotion such as anger or frustration. Teenagers are also always pushing the envelope in situations they find themselves in, and are eager to prove themselves to their peers, and that usually takes the form of threats and physical contact.

Simple assault does not typically require that the defendant had actually struck, touched, or injured another person; it is enough that the defendant had threatened physical violence and that the complainant had reason to believe that he or she was in imminent danger of actual harm. In New York, a convincing verbal or non-verbal threat i.e. wielding a weapon in a threatening manner is enough for a charge of simple assault to be made against a juvenile defendant.

The juvenile court system in New York typically applies to defendants under 16 years of age, although there are groups advocating that 16 and 17-year-old offenders also be treated as juveniles. Presently, these offenders are automatically tried as adults.

If convicted of a criminal charge that will result in a criminal record for an adult offender, the juvenile is deemed to be adjudicated, which is not at all the same thing. Adjudication means that while defendants will still be punished, they are not considered criminals because they have not been convicted, and may not even be subjected to a jury trial. The focus is more on rehabilitation rather than punishment. In other words, juveniles are handled more lightly in New York than adults.

However, this is not always the case. It will depend on the circumstances and the severity of harm to the plaintiff. In some cases, juvenile defendants (usually for repeat offenders or for serious crimes) are tried as adults, in which case the criminal sanctions that are meted out to adults will also apply. In most cases, a simple assault is a misdemeanor which may require time in prison, community service, probation, restitution, and program enrollment and completion.

If your child has been charged with simple assault as a juvenile, it is advisable to retain the services of a competent criminal defense lawyer if only to ensure that he or she is not “sent up” to adult court. Even if the charges appear to be simple enough, it is better not to take chances with your child’s future.

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Failure to Treat, but not Medical Malpractice

Professional and college sports generally encourage players to play aggressively and passionately, but not to the point that they risk permanent and irreversible harm to themselves. Sports managers and organizers make it a point to ensure the safety and health of the players.

A possible exception is the National Football League (NFL).

According to arguments presented in court by many a plaintiff’s lawyer, the NFL exhibited negligence of its players by encouraging the culture of ignoring serious injury to go on playing even if this will worsen the injury and result in complications. A good example is concussion, a brain injury that is common in contact sports, especially American football. Concussion is considered a treatable injury if the afflicted follows the proper treatment, which includes being pulled out of a game immediately after the incident and given medical treatment.

This is what allegedly happened to NFL player Paul Oliver, who committed suicide in 2013 because of his debilitating medical condition which upon his death was diagnosed as Chronic Traumatic Encephalopathy. His wife Chelsea claimed that repeated concussive events during the decedent’s career as a player with the San Diego Chargers and then the New Orleans Saints was the proximate cause of his debilitation, which led to his taking his life. She filed a lawsuit in the California Superior Court against the NFL for failing in its duty of care to its players by counteracting the prevailing practice of sending out injured players back into the field. The lawsuit also names other defendants including Chargers Football Co. LLC, Easton-Bell Sports Inc., Fenway Partners LLC, New Orleans Louisiana Saints LLC, and Riddell Inc.

If you or a family member has suffered traumatic brain injury while playing college or professional that was untreated or treated improperly, you may be eligible to file a complaint in civil court against the responsible parties. Consult with a traumatic brain injury lawyer with experience in dealing with sports injuries to discuss your legal options.

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Clear+Brilliant: Poreless Skin, Anyone?

Just as Gulliver was horrified by the unsightly craters he saw on the skin of people when he was in the land of the giants, large pores can be a real turn-off. The laser treatment known as Clear+Brilliant not only reduces pore size but improves facial skin in other subtle ways.

The skin is often the first indication of aging, although large pores can hassle anyone at any age. For those endowed with small pores, Clear+Brilliant can also slow down aging with regular sessions by encouraging the production of collagen. This enhances the elasticity of the skin and makes it look smoother and glowing.

Clear+Brilliant is still considered laser resurfacing but instead of destroying micro-layers of skin i.e. fractional resurfacing it heats up the skin to tighten it. Consequently, there is practically no downtime and the results are immediate. It is the ideal alternative for people on the go who need to look their best in a hurry. The entire treatment can take less than an hour, so you can skip your lunch break to have it done and be back in the office without anyone being the wiser. You may get comments about being out in the sun too long, but any redness and dryness will dissipate within a couple of days.

Because it is less intense than fractional resurfacing, a patient will experience less pain and discomfort during and after treatment. For a one-time “quickie” treatment for that important date or interview a couple of days hence, this is the best option because it is relatively inexpensive. However, it may take up to 4 monthly sessions to get optimal results and requires maintenance treatments every six months, so the costs can mount up. By comparison, fractional resurfacing can last up to 8 years without follow-up treatments.

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Personal Injury and Compensation

Personal injury is a branch of tort law that includes any form of wrongdoing or damage to a person, his property rights, or reputation. It is the law that deals with the legal rights as well as litigation choices of a victim who has suffered any form of injury because of another person’s negligence or intentional misconduct. There are various forms of personal injury, from wrongful death to medical malpractice to slander and nuisance.

In order to have a strong case against a person who is at-fault, serious injury (whether physically, mentally, or emotionally) should be proven by the victim. These damages can be added to compute the total compensation which shall be rewarded after the case has been proven in court, or if settlement between two parties has been reached.

Personal injury lawyers say that compensation is usually given in the form of financial payment. These are generally given as payment for the medical treatment, salaries due to missed work, and for the emotional and mental distress that the injury has caused. There are many types of tort laws, and among the most common and easily proven one is intentional tort.

Intentional tort is a type of personal injury that happens when a person has intentionally or deliberately decided to cause harm of any form to another person. Most cases are won when the victim successfully proves in court that the tortfeasor (the person who has caused the injury or tort/harm) has behaved with significant certainty to cause injury of any form to the victim. Among the several types of intentional tort are assault, trespassing, false imprisonment, battery, and many others.

A person who has fallen victim to an intentional tort can ask for compensation provided they can prove their case in court. Getting the help of a lawyer who is proficient and knowledgeable in tort law could strengthen the chances of winning the case. Because these lawyers are skilled and trained in this type of law, they know the statute of limitations and processes that need to be done in order to have a solid claim. It would be a wise decision to immediately consult a tort lawyer to discuss possible legal options.

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