Cerebral Palsy Claims

Posted by on Oct 31, 2015 in Hospital Risks | 0 comments

Cerebral palsy is a disorder which affects movement and muscle coordination. It’s neurological in nature instead of muscle or neural, and outcomes from an abnormality or a brain damage. Determined by the rigor of the neurological damage, cerebral palsy may vary from severe to moderate, but it will have a long-lasting influence on the youngster and long-term effects for his / her family. In some cases, cerebral palsy is due to a birth injury that could be on account of neglect on the part of the medical personnel.

So that you can plan a potential injury claim, you must follow along with specific measures. First, confirm that cerebral palsy is is present. Bring the health records of the child to a specialist who is able to assess if it is truly a different type of developmental illness or cerebral palsy. Get copies of all evaluations and get the physician to give you a written diagnosis in addition to the recommended treatments and apparatus to manage the illness. When presenting your case in front of a jury these records will undoubtedly be invaluable. Secondly, request for the medical records obtained for the pregnancy and delivery. This is often quite a great deal, as pre-natal records have a tendency to be substantial, but it’ll demonstrate that due care was taken throughout the pregnancy, and there aren’t any leading factors evident in physical condition, the anamnesis or lifestyle of the mother just before birth. The records will even show vital signs reports and who was present through the delivery.

You will need assemble documentary proof in order to have a case. A few of the records just take some time to get, nevertheless, you must not wait for the original consultation to complete each of the records. Make certain the attorney you retain has the necessary qualifications for a medical negligence suit in the state and ask about the results and success rate in related circumstances. A superb lawyer will be able to prepare the mother for cross-examination, which can be somewhat upsetting as the protection will almost certainly make an effort to pin the blame to the mom. It is essential to consider that obtaining all the info that is required may decide success or failure in a cerebral palsy claim. In case you are convinced that the birth injury is the cause of the child’s cerebral palsy, making an effective claim will mean that the expenses of handling the illness won’t put an impossible burden on the family.

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Cleft Palate

Posted by on Jun 29, 2015 in Medicine | 0 comments

Cleft palate is a birth defect that occurs when the roof of the mouth does not join completely during pregnancy. It is estimated that about 2,650 children are born with cleft palate each year. Though cleft palates are generally caused by genetics, certain controllable factors such as smoking and diabetes can increase the risk of a child developing the defect.

Another known controllable cause is Zofran (Ondansetron), a drug originally approved for cancer and post-surgery patients to treat nausea and vomiting. Unfortunately, because more than 80 percent of women suffer from similar symptoms, many pregnant women are often given Zofran as an “off-label” prescription.

A recent study published in 2013 found that, in cases where pregnant women were given Ondansetron during their first trimester, the odds that their children would develop a cleft palate doubled. Though the sample was small, of the other drugs given to women to treat similar symptoms, those tested had no statistically significant causal relationship with cleft palates. This is because, unlike other drugs, Ondansetron has been shown to be able to cross the placental barrier, leading to an array of birth defects. More information about these Zofran birth defects can be found at this website.

Though treatment for cleft palates is available, it is often costly due to the need of surgery. In addition, children with cleft palate often have trouble with ear infections, feeding, and speaking clearly. Aside from surgery, children may require special dental care and speech therapy. Regardless of how well surgery may go, some children may also develop low self-esteem due to visible differences between themselves and others.

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Deadly Tractor-Trailer Accidents in Atlanta

Posted by on Mar 11, 2015 in Motor Vehicle Accidents | 0 comments

A recent accident involving a Ford Mustang and a tractor-trailer yielded the expected results: the driver of the Mustang died instantly while the truck driver did not even sustain minor injuries. However, in this instance the Mustang driver was entirely to blame. The driver, identified as 39-year-old Kevin Miller of Snellville, ploughed into the back of the tractor-trailer which was at full stop at a traffic light. It is undeniable, though, that tractor-trailers pose a significant danger to other motorists because of their size, weight, and numerous no-zones. A careful truck driver will consider all this when plying the highways of Georgia, but not all truck drivers are so conscientious.

A collision between a big rig and a smaller vehicle will usually lead to serious injury or death to the driver and passengers of the smaller vehicle. Many truck drivers are expected to travel for long periods of time and, despite regulations forbidding it, often go beyond the prescribed hours-of-service. As a result, they are over-fatigued or distracted, and much more likely to make a mistake or fall asleep at the wheel. Truck companies may also have been negligent about the maintenance of the vehicles, which could result in a tire blowout or mechanical failure. Another act of negligence is putting inexperienced or unqualified drivers behind the wheel. All these can spell disaster for any motorist sharing the road with truck-trailers.

Many truck accident victims face considerable medical expenses and long-term health problems. However, they may be eligible for some compensation if the truck driver is partially or wholly responsible for the accident because of some negligent act or failure to act. Unfortunately, Kevin Miller is the rare exception, as he was entirely at fault. If you have been seriously hurt because of the negligence of a truck driver and/or truck company, at least you do not have to face the financial consequences alone. You can consult with an experienced truck accident lawyer in Atlanta and get some relief from your financial troubles.

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Estate Planning

Posted by on Feb 16, 2015 in Estates | 0 comments

According to the website of Peck Ritchey, two erroneous beliefs about estate planning are it is only for older (and, probably, sick) adults and the rich. Estate planning is a plan that is made before death; its purpose is to name those to whom the testator, or the person writing a will, would want to leave behind his/her assets and/or properties, which include anything of value, such as a house, car, savings account, life insurance, jewelry, furniture plus all other forms of investment. Failure to draft an estate plan will result to the application of the Law of Intestacy, the law that grants authority to the court to decide who gets what.

The drafting of a will is basically the first step in estate planning. Through this will, the testator identifies everything that he/she wants to pass on to his/her spouse, children and other dependents, as well as what or how much cash, specifically, each will have. The testator may also choose to draft a more elaborate will wherein he/she can elect his/her preferred guardian for his/her minor children, name a health-care proxy who will make medical decisions for him/her if ever he/she gets incapacitated and, elect an executor, or the person who will manage the estate left for distribution. This executor is also tasked to see to it that the testator’s last wishes are fulfilled, that all unpaid debts are settled and, after payment of all debts, whatever remains will be distributed to all heirs.

While the mental capacity of the testator is very essential in the drafting of a will (to make sure that he/she was never influenced by anyone and that he/she was perfectly aware of his/her decisions), being counseled by a knowledgeable and experienced legal professional is equally important to ensure that the will’s contents comply with the laws of the state (where the testator resides or where the estate owned is located) and that the rights of every legal heir are observed.

An experienced and skillful lawyer’s assistance can also help effectively address any litigation due to a will contest that an heir may file. Contesting or challenging the validity of a will can be filed by any heir who feels that he/she deserves more than what was left for him/her. An heir can also question the testator’s mental state when the will was drafted, citing any possibility of influence or manipulation by someone with interest in the assets and properties.

As estate and trust disputes involve family members all issues, therefore, are considered sensitive, besides being complex. Failure to address disputes effectively can only result to rivalries between family members which can only create rifts in their relationship.

Family members should understand that an estate plan is meant to put order in their properties and assets, as well as to make sure that they will be able to enjoy the maximum value of everything through reduction of tax and other expenses. Thus, in the event of disagreement, which can lead to litigation, if the family members themselves fail to allay anyone’s doubts, then only a knowledgeable, experienced and skillful lawyer probably can.

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Expert Witnesses in DUIs

Posted by on Jan 18, 2015 in Crime | 0 comments

If you watch any of the television shows that center around law and justice, chances are you have come across cases where the trial became a battleground for “expert witnesses.” Often one side would claim one thing and provide supporting evidence while the other side would claim the exact opposite and provide equally valid supporting evidence.

The reality is there are instances when the facts of a case are open to interpretation, even when it gets down to numbers and figures. Expert witnesses are qualified to give opinions that may be considered facts because they have the training and knowledge to deliver such opinions from a professional perspective. And yet, there may be more than one conclusion to be arrived at given a set of circumstances.

In a DUI (driving under the influence) case, for example, the prosecutor will routinely send test results to a Forensic Toxicologist employed by the Department of Justice to interpret as evidence for trial that is also prepared to get on the stand and explain what the results mean to the jury in terms they can understand as laypeople. However, the expert witness may not know all the facts that may impact on the test results, such as the machine used was defective, the samples had been tainted, or the defendant has a medical condition that resulted in a false positive.

The defendant in such cases has the right to challenge the prosecutor’s expert witness but it has to be substantiated by an expert witness as well to objectively provide an alternative explanation for the results that may exonerate the defendant or at least ameliorate the offense. An experienced criminal defense lawyer would know if an expert witness is appropriate under the circumstances (they can be expensive) and if so, what kind of expert witness may be needed to rebut the claims of the prosecution. Furthermore, defense lawyers often have expert witnesses for all types of cases in their roster that they know are qualified, credible, and reliable for the best possible shot of helping a defendant beat the charges.

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