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What Are Birth Injuries and How Does Medical Negligence Play a Role? Birth injuries occur when a baby suffers harm before, during, or shortly after childbirth. While some birth injuries are unavoidable, many are caused by medical negligence —when a healthcare provider fails to meet the standard of care. According to a study in the Journal of Patient Safety, medical errors contribute to over 400,000 preventable deaths per year in the U.S. (2013). Birth injuries make up a significant portion of these cases, yet they are often overlooked. At LawMD, we know the law, and we know the medicine. Unlike other firms, most of our attorneys are also medical doctors, giving us a unique edge in handling birth injury malpractice cases. Shocking Birth Injury Statistics You Need to Know Many people underestimate how often birth injuries occur. Here are some alarming statistics: 1 in every 9,714 babies in the U.S. is born with a birth injury ( Agency for Healthcare Research and Quality, 2019). Nearly 50% of birth injuries could be prevented with proper medical care ( American Journal of Obstetrics & Gynecology, 2017). The most common causes of birth injuries include delayed C-sections, improper use of forceps, and failure to monitor fetal distress ( CDC, 2022). Brachial plexus injuries (nerve damage in the shoulder and arm) occur in 1.5 out of every 1,000 births ( National Center for Biotechnology Information, 2021). Hispanic and Black mothers are more likely to experience medical negligence during childbirth compared to white mothers ( JAMA Network Open, 2022). These statistics highlight the urgent need for accountability in medical care. Common Birth Injuries Caused by Medical Negligence When doctors and nurses fail to follow proper procedures, babies and mothers suffer. Some of the most common birth injuries linked to medical negligence include: 1. Cerebral Palsy Cerebral palsy is one of the most devastating birth injuries, affecting 1 in 345 children ( CDC, 2022). It can be caused by oxygen deprivation, which may result from delayed C-sections or improper fetal monitoring. 2. Brachial Plexus Injuries (Erb’s Palsy) This injury occurs when the baby’s shoulder is stretched too much during delivery. It leads to weakness or paralysis in the arm. Many cases are due to excessive force used by the doctor when pulling the baby out. 3. Hypoxic-Ischemic Encephalopathy (HIE) HIE is a type of brain damage caused by a lack of oxygen. Studies show that 60% of newborns with severe HIE either die or suffer permanent disabilities ( National Institutes of Health, 2021). 4. Skull Fractures and Head Trauma Improper use of forceps or vacuum extractors can cause skull fractures, brain bleeding, or long-term brain damage. These injuries are entirely preventable with proper delivery techniques. How Medical Negligence Leads to Birth Injuries Medical negligence happens when doctors or nurses fail to take the necessary precautions. Some examples include: 1. Delayed or Denied C-Sections Failure to perform a C-section in time can lead to severe birth injuries. Studies show that delayed C-sections increase the risk of brain damage by 32% ( Obstetrics & Gynecology Journal, 2018). 2. Improper Use of Delivery Tools Doctors sometimes use forceps or vacuum extractors incorrectly, which can cause skull fractures, nerve damage, and brain injuries. 3. Failure to Monitor Fetal Distress If a baby’s heart rate drops, it’s a sign of distress. Neglecting to act quickly can lead to oxygen deprivation and permanent brain damage. 4. Medication Errors Giving the wrong dosage of labor-inducing drugs like Pitocin can cause excessive contractions, leading to uterine rupture or fetal distress. The Long-Term Impact of Birth Injuries Birth injuries don’t just affect babies—they impact entire families. Some lifelong consequences include: Cognitive disabilities (learning disorders, speech problems, memory issues) Physical disabilities (paralysis, limited mobility, chronic pain) Emotional and financial strain (lifelong medical expenses, therapy, special education needs) A study by the National Institute of Child Health and Human Development found that families with a child who has cerebral palsy spend an average of $1.3 million on medical care over their child’s lifetime (2020). How LawMD’s Doctor-Lawyers Can Help At LawMD, we have a unique advantage: Most of our attorneys are also medical doctors. This means we can: Analyze complex medical records with expertise Work with top medical experts to build strong cases Hold negligent doctors accountable for their mistakes Fight for maximum compensation for families Unlike other law firms, we understand both the medical and legal aspects of birth injury cases. This makes us the best choice for families seeking justice. What to Do If Your Child Suffered a Birth Injury If you suspect medical negligence caused your child’s birth injury, here’s what you should do: Request Medical Records – This will help determine if mistakes were made. Document Symptoms – Keep track of any physical or cognitive difficulties. Consult a Birth Injury Lawyer – Speak with a legal team that understands medical malpractice. File a Claim – You may be entitled to compensation for medical bills, pain, and suffering. At LawMD, we offer free consultations to review your case. You don’t pay unless we win. Get the Justice Your Family Deserves No family should have to suffer because of a doctor’s mistake. If your child was injured during childbirth due to medical negligence, LawMD is here to help. With our doctor-lawyer team, we will fight for the compensation you deserve. Contact us today for a free case evaluation.

Learn More What is Birth-Related Injury? – Birth-Related Medical Malpractice What are “Damages” in Medical Malpractice? Is Failure to Diagnose a Form of Medical Negligence? Video Transcript Timestamps 0:00 Intro 0:27 What Do Birth Injuries Include? 1:26 Birth Injuries During Labor Hey, my name is Francois Blaudeau and I’m an OB/GYN doctor in Birmingham, Alabama, and also a lawyer. And I’m here to talk to you a little bit about birth injury. 0:27 What Do Birth Injuries Include? A birth injury, we really think about it in two different ways. One is injuries that kind of occur at the time that the baby’s actually born. And usually, the mechanical force-related birth injuries has to do with injuries from the application of forceps delivery or the doctor’s placing some forceps to help deliver the baby’s head. And sometimes the forceps aren’t properly applied for the application of a suction device to help the delivery of the baby. Or sometimes the mechanically different maneuvers that the doctor may do to try to assist the baby with stuff to come out. So birth injuries can occur from mechanical forces having to do right up to the point of delivery. It’s kind of rare to have a birth injury, a mechanical-related birth injury from a C-section, but occasionally you can have an issue where the baby is cut inadvertently during a C-section and suffers some type of injury related to the C-section process. 1:26 Birth Injuries During Labor The other type of birth injuries are injuries that occur during the process of labor. And those types of injuries tend to be injuries that occur to the fetus. Typically those are injuries that occur from issues with the labor itself. And that can be decreased blood flow through the placenta to the baby where the baby’s exposed to decreased blood flow. It could be bleeding that occurs during the course of labor that causes the baby to also bleed and have issues with the baby’s heart rate and blood pressure. And also relates to levels of oxygen and the baby’s receiving. And during the course of labor, if the baby doesn’t get enough oxygen, sometimes that can cause some permanent brain injury and it can cause cerebral palsy type issues. So generally speaking as doctors talk about birth injuries, we’re talking about a group of injuries that occur around labor, the active part of labor, either while the baby’s in the womb or at the point of delivery. So if you feel like during the course of your labor your baby suffered a birth injury, we can help you understand what happened. I’ll go through the records for you, and let you know whether or not we think the standard of care was met. So as physicians and lawyers, part of what we do is to help patients understand kind of what happened to them. And not every instance is a lawsuit warranted. Sometimes things just happen, it can’t be avoided. But there are sometimes where the standard of care is not followed and babies get hurt. And certainly, in those kinds of cases, we want to be here to look at and review your records and tell you whether or not we think you have a case that warrants moving forward with the lawsuit. So reach out to us, click on the website below. Thank you.

Learn More: Is Failure to Diagnose a Form of Medical Negligence? Can You Sue a Doctor for Failure to Diagnose? How To Find A Good Medical Malpractice Attorney (And How To Choose The Right One) Video Transcript Timestamps 0:00 Intro 0:21 Failure to Diagnose 0:21 Failure to Diagnose What are the most common reasons for medical malpractice? Almost universally, the most common reason for medical malpractice is failure to diagnose a condition that needs prompt treatment. It might be the failure to diagnose cancer, it might be the failute to diagnose a stroke, it might be the failure to diagnose a heart attack, is very common examples. Let me use the failure to diagnose cancer for this discussion. Patients, colon cancer frequently shows itself as one of its first symptoms like blood in the stool when the patient has a bowel movement. Patient notices that of course, they recognize it’s not normal, they go to their doctor. In too many cases, that doctor does not do the appropriate examination, doesn’t take the appropriate history, doesn’t do the necessary tests. A test like that would be, first of all asking about when this blood occurred, is it bright red blood, is it black and tarry? When did it come on, how long does it last? Taking an adequate history. Many doctors just passed right over that. Many negligent doctors I should say. Failure to do an examination, any patient who presents with bright red blood in their stool, male or female, needs a rectal examination. You need to see if there’s a cancer there that you can feel because cancers of the rectum are often, you can feel them with your finger. Something as simple as that, done in the office, can establish the need for further testing and diagnosis very promptly. And it’s very important of course because the earlier the diagnosis occurs, the sooner the treatment can be instituted. And the idea of course is to catch that cancer when it’s at a highly curable stage. So delays in treatment can make a big difference. The doctor may not do the necessary testing. And if the patient is in the right age group, obviously a sigmoidoscopy or colonoscopy are essential for the diagnosis as well. And it may be further studies, like a barium enema, Xrays need to be done too. Failure to do those things, do the adequate history, fair to do an adequate physical examination, test the stool for blood, do a rectal examination, do a colonoscopy, those are breaches in the standard of care. And if they delay the diagnosis by six months or a year, that cancer grows, and it can become incurable, spreading to the lymph nodes and the belly and to the liver. And the treatment is completely different, and unfortunately, the results are far less satisfactory. That’s a classic example of breach of negligence when it comes to a patient with rectal or colon cancer. There are many, many other examples. Once again, if you have any questions or you want to discuss this further, we are delighted to discuss your case with you.

Watch the below to learn more about medication errors that can occur during administering the drug and learn how errors can occur during drug administration. Learn More: Medication Errors That Can Occur During Documentation Medication Errors That Can Occur During Transcription Medication Errors That Can Occur During Prescribing and Writing Orders Video Transcript Timestamps 0:00 Intro 0:32 Medication Errors That Can Occur During Administering The Drug: Drug Administration Errors 1:13 Misreading Medication Labels After the proper ordering and documentation and transcription and dispensing of a medication, it’s time for the patient or the caregiver to actually administer or give the medication, or take the medication. What could go wrong? 0:32 Medication Errors That Can Occur During Administering The Drug:  Drug Administration Errors Depending on a person’s health status, age, their visual capacity, an individual may or may not properly administer medication to themselves or have a caregiver properly administer the medication to the patient. If you can’t read or you misread what’s on the label, the patient may take too much of the medication be given too much of the medication, or too little of the medication, as the case may be. 1:13 Misreading Medication Labels If the patient or the caregiver doesn’t understand what the label on the medication container says about how to administer the medication, the medication may not be given in the proper way. If the patient or the caregiver doesn’t have an appreciation of the dose, sometimes there are abbreviations on the labels of medications, and if there’s a misunderstanding about the terminology or the meaning of abbreviations or other terms on the label of a medication container, we have the possibility that, even if they take the right dose, they may not take the correct number of doses, for example, in a 24-hour period, increasing the risk of what is known in our business as the overdose. And again, if you want to understand one more aspect, a major aspect of the prescription process, we have one more video for you that talks about how all of this process should be appropriately monitored.

Watch the video below to learn more about medication errors that can occur during dispensing. Prescription dispensing errors are, unfortunately a common occurrence in healthcare. Learn More: Medication Errors That Can Occur During Prescribing and Writing Orders Medication Errors That Can Occur During Transcription An Overview Of The Prescription Medication Process Video Transcript Timestamps 0:00 Medication Errors That Can Occur During Dispensing: Intro 0:23 Medication Errors That Can Occur During Dispensing: Dispensing Of Medication 1:14 Medication Errors That Can Occur During Dispensing: Prescription Dispensing Errors So the prescription has been ordered, it’s been properly documented, it’s been properly transcribed. So now what happens? We come to the point in the process known as dispensing. 0:23 Medication Errors That Can Occur During Dispensing: Dispensing Of Medication Here again, typically, an appropriately trained individual in the pharmacy now has to gather the medication, and acquire the actual medication, could be a pill, could be a capsule. It is the job of the pharmacist to identify the proper formulation of the prescribed medication and then place that medication into an appropriate container for actual transmission to the patient. And that is what we would call the dispensing process. Can anything go wrong in the dispensing process? 1:14 Medication Errors That Can Occur During Dispensing: Prescription Dispensing Errors Perhaps you can imagine, the possibility that the pharmacist identified the wrong formulation, the wrong pill, the wrong capsule, the wrong vile for an injectable medication. It is possible that even if the proper formulation was identified, it’s possible that the actual material that the pharmacist collected was out of date or its shelf life had been exceeded. In other words, the stability of that material in the pharmacy could no longer be guaranteed or assured to the patient. There’s also the possibility that the pharmacist grabbed the wrong dose of the medication as opposed to the wrong formulation because sometimes tablets for various drugs can come in different dosages. Five milligrams, ten milligrams, twenty milligrams, even a hundred milligrams. Sometimes ten might be mistaken for one hundred, just as an example. So, as you can see, there are possible errors that can occur in the actual dispensing process. More to come. And now, we can talk about administration of the medication, and ultimately, proper monitoring of the medication. You don’t expect any problems if you visit the pharmacy each month to pick up the exact same prescription. There is no reason to think that your prescription does not contain the right dosage. It is important to feel that you have the right medicine in your hospital. Accidents can happen. Here’s a sample of the cases LawMD can assist you with: Wrong dosage. The pharmacist does not pay enough attention to the doctor’s prescription and gives the wrong dosage. Over- or under-medicating can lead to serious and life-threatening side effects that may not be apparent immediately. Mistaken medication. While some medications may have similar names, they can be used to treat very different conditions. Patients are often sold the wrong medication because they misread the labels. Misleading instructions. For good reasons, doctors and drug companies provide drug instructions. The instructions will not only improve the drug’s effectiveness, but they will also help to reduce the chance of it being misused. Failure to give these instructions by the pharmacy could result in death. Wrong person. If there is more than one person living in the household, it is possible to accidentally give medication to another person. It can also happen among people with similar names and birthdays. Wrong warning label. Some drugs come with very specific warnings. For example, you should not operate heavy machinery while on medication. It could lead to serious injury or death if the pharmacy does not include these warnings on the prescription or speak to you about the dangers. Interacting medications. Patients may see several doctors. However, many doctors can mean different types of medication. The pharmacist may overlook the possibility that drugs could be contraindicated or inter-relate with each other. Doctors and nurses in hospitals failing to monitor. In hospitals, medication is often administered intravenously, prescription errors can also occur. You may not be able to tell if there are problems with your IV or what you are being given until it is too late. Medication Errors That Can Occur During Dispensing: Frequent Questions What should I do if I have received the wrong dosage or medication? What will it cost for me to have my case investigated by your lawyers? How much is my pharmacy case worth to me? These errors are why? Prescription errors and pharmacy errors are common. However, this does not mean you have to pay for any injuries caused by the error. Because pharmacists and nurses are often required to work non-traditional hours, fatigue can set in and cause errors. It is their job to care for patients and give them the medication they require, regardless of whether the patient is the same birthday as another client or has a similar name. What can a lawyer do if I have been given the wrong medication? To receive compensation for injuries caused by a prescription error, there are specific deadlines you must follow. Experienced attorneys in the field of pharmaceutical errors will be able to help you. Get the medical records you need to support your case Examining the circumstances of the error to determine how many times it has been committed before. Get a copy of all medical bills relating to your injury. Negotiate them down if necessary. Contacting the pharmacy to your behalf The insurance company or pharmacy will handle the claim. Using the expertise of internal experts to assess the medical issues that were caused by the error If your case is taken to trial, we will represent you to the fullest extent of the law before a jury. With your approval, we will negotiate a fair settlement for you. Information is needed if you or someone you care about has been seriously injured by a prescription error. Call LawMD’s physician attorney medication error lawyers today. Our lawyers are also doctors!

How and when do you know there’s been a delayed c-section? this is a common question our delayed c-section attorneys get all the time. Learn More: What is Birth Injury? – Birth Injury Overview What is Medical Malpractice? What are “Damages” in Medical Malpractice? Video Transcript Timestamps 0:00 Intro 0:53 LawMD’s Delayed C-Section Attorneys Specializes In 1:26 Example of a Delayed C-Section 3:24 How LawMD Does It People frequently ask me when do you know that there has been a delay in a c-section when the baby is in distress? The only way you can determine how you know about this is to go through the records. You have to go through the records very carefully, you have to know what you’re going through, you have to be able to time everything very carefully because things can happen in minutes to newborns that can be damaging for the rest of their lives. It’s important to get all the records and to spend the time doing this. Many lawyers really don’t know how to do it number one, and number two, they don’t have the time to do it. 0:53 LawMD’s Delayed C-Section Attorneys Specializes In At LawMD, we have physicians like myself who are willing to do that, to take the time, to study the records carefully. So let me give you an example of something that could cause a major problem in a baby, and really be overlooked by the obstetrical nurse or the obstetrical doctor. A baby comes in, a perfectly normal baby, and is going through labor having almost no problems at all, and the nurse is watching the baby carefully, maybe even the baby’s on a monitor. But the nurse goes out of the room and doesn’t come back for a while because she thinks everything is going perfectly well with the baby. 1:26 Example of a Delayed C-Section Suddenly the baby’s heart rate starts to drop. The mother is concerned but there’s nobody there and nobody’s watching the monitor which might be on a desk outside where the nurses congregate. This goes on for five, ten, fifteen minutes, and the heart rate stays down. At this point, the baby’s heart may not be producing enough blood to the rest of the body, including the brain. If that’s the case, then we have a major problem. Sometime after that, the heart rate comes back up and the nurses come back into the room, and they think everything’s fine. The mother may even tell the nurse, ‘look the heart rate came down, the monitor was beeping but nobody was here’. The nurse looks at it, listens to the baby’s heart rate and says ‘well no the heart rate is good right now and I think everything’s ok’. Or the nurse looks at the strip that is generated from the monitor and says to herself, ‘oh my God, I missed a fifteen-minute deceleration of the heart rate’. This is a bad thing for the baby. The nurse knows it at that point. We have to go through those records afterward to find out what happened to this baby, and those records have to be produced by the hospital if you ask for them. So this is a situation that occurs occasionally. It’s not something that happens a lot of times. Many times it’s more subtle than that. But I’m giving you that example because that’s the kind of thing that can happen and can endanger a baby’s life. It also can damage the brain and the baby can’t survive. And if the baby survives it can have brain damage for really the rest of its life. 3:24 How LawMD Does It We have to look through those records at LawMD. We have to determine whether there was something that truly breached the standard of care, and if it did, did it cause the baby’s brain damage. If it did cause the baby’s brain damage, then obviously that affects the baby’s ability to be employed, the parents’ ability to take care of that baby through the rest of their life, and it can get very, very expensive. So if you have any questions about what I’ve just talked about, please don’t hesitate to click on the box below. They will tell you how to get in touch with us. We’d be happy to talk with you about this or any other topic at LawMD.

Learn More: What is Birth Injury? – Birth Injury Overview What is Birth-Related Injury? – Birth-Related Medical Malpractice What are “Damages” in Medical Malpractice? Video Transcript Timestamps 0:00 Intro 0:20 What is Vacuum Extraction? 1:00 Suction Device Injuries from Vacuum Extraction 1:43 Injuries We Look For 2:11 Was Your Baby Injured? Hey everyone, my name’s Francois Blaudeau. I’m an OB/GYN doctor and lawyer here in Birmingham, AL., part of the LawMD team, and I specialize in birth injury-related cases. I’m today here to talk to you about vacuum extraction injuries. 0:20 What is Vacuum Extraction? What’s vacuum extraction? Well, that’s where the doctor puts a type of suction cup on the baby’s head to try to help the baby deliver through the vagina. So with the vacuum extraction delivery, the obstetrician places a vacuum on top of the baby’s head. It looks like a big cup. It’s usually made out of plastic or silicone, and it applies the baby’s head and a vacuum is created with negative pressure that allows that cup to kind of hold the baby’s head. And then the doctor assists the mother as she pushes while pulling on the baby’s head with this vacuum. 1:00 Suction Device Injuries from Vacuum Extraction And so as you can imagine, if the vacuum is not placed in the right place, that can cause a problem and cause a potential birth injury. Also, if the vacuum is placed in a way where the doctor puts a lot of traction on that vacuum, sometimes that can cause shearing forces that can cause a brain bleed inside the brain. So by pulling too hard with the vacuum, you can get shearing issues and small bridging blood vessels up under the dura can tear and you can develop a subarachnoid bleed or subdural bleed related to vacuum extraction. 1:43 Injuries We Look For As physicians, we always look at the indications. You know, should a vacuum have been used, was it properly placed, what level of pressure did the doctor use when applying the negative pressure on the vacuum, how many times the doctor pulled on the vacuum to get the baby out, these kinds of issues. 2:11 Was Your Baby Injured? And so if you feel like your baby has been born with a significant issue related to a vacuum extraction, it may be that the baby suffered a bleed or suffered an injury with the vacuum placement, and how the physician placed the vacuum and how strong the physician pulled on the device. So if you think you have an injury like that to your child and you would like us to review the records, please reach out to us at LawMD. We’ll be glad to look at it and let you know what we think. Thanks.

Watch the video below to learn more about medication errors that can occur during manual and electronic prescription documentation. Learn More: How Do Medication Errors Arise? Examples Of Medication Errors Who Should You Call When Prescription Medications Cause Issues? Issues That Can Arise With Prescription Medications Video Transcript Timestamps 0:00 Intro 0:20 Medication Errors: Manual Prescription Documentation 0:47 Medication Errors:  Electronic Prescription Documentation A prescription is ordered and needs to be documented. How does a prescription order get documented? 0:20 Medication Errors: Manual Prescription Documentation We still can have our providers write out the medication, in other words, manual documentation. There’s some issues that can arise there, not the least of which is can the prescription be, is it interpretable. Can you actually read the handwriting or can that handwriting be reasonably interpreted in more than one way? This could be a problem and has been a problem. 0:47 Medication Errors: Electronic Prescription Documentation The other way to document a prescription order is electronically or digitally. When a prescription is written digitally or electronically, you have the possibility that the, again, you have the same issues with regard to the wrong medication or spelling errors, what have you. There’s a hope that electronic prescriptions is less error-prone than the manually written prescriptions, but we still have encountered errors even as we have transitioned from more and more from manual writing of prescriptions to digital or electronic prescriptions. And again, if you want to learn more about this process, I invite you to continue with this series of videos so that you have a better understanding of the entire prescription medication ordering process. The right medication can make a difference in people’s lives, especially if they improve their quality of life. A healthcare professional who fails to properly prescribe, administer or dispense medication can cause severe and adverse health effects. Our Philadelphia medication error lawyers are here to help you if you find yourself in such a position. The Centers for Disease Control and Prevention ( CDC) states that 82 percent of Americans take at least one medication. Although many of these medications are beneficial to their users, adverse drug reactions can result in approximately 1.3 million visits to the emergency room each year. 350,000 of these visitors are hospitalized. There are many reasons for these events, but one of the most worrying is medical professionals making errors. You have the right to file a medical malpractice case if you believe that your doctor or another healthcare provider made a mistake in prescribing medication. This could cause financial or physical complications. Shrager & Sachs attorneys are available to assist you. Common Prescription Drug Mistakes Using Wrong Dosages or Medications Although hospitals are often overstaffed and understaffed, that doesn’t mean they can’t administer the correct medication or dosage. A patient may be subject to serious consequences if there is a communication or other error. This can also occur if there is a mistake in the medication chain. A lot of times, a doctor will give a prescription for medication. The nurse will then receive the information and the pharmacist will get the order. Patients may receive too many or too few medications if paperwork is not correctly transcribed or their handwriting is unclear. If the medication is not administered correctly, mistakes can be made. Different medications should be administered in different ways. A nurse who gives medication to a patient in an incorrect place in their body could cause it to not reach its intended destination and render it ineffective. Mislabeling of Medications Mislabeled medication can occur during manufacturing or at the pharmacy. A manufacturing company may incorrectly label a medication, which could lead to a product liability case. You may be given the wrong dosage or medication if the pharmacy mislabeled your medication. The consequences could worsen or cause new problems. Our lawyers can review your case to determine who is responsible and who should be held accountable for your injuries. Prescription of Harmful Medications It is the pharmacist’s responsibility to track patients’ allergies and what medications they are taking. A pharmacist who fails to follow up on this can cause a patient to have dangerous interactions with multiple medications or an allergic reaction that could lead to death. However, your doctor is still responsible if you are given a dangerous medication. It is possible that they may be held responsible if they fail to properly review your medical history and medication list. Failure to warn of side effects Multiple healthcare professionals have to ensure you are fully informed about the potential side effects of any medication that you take. Patients should be informed by their doctors, pharmacists, and nurses about side effects as well as possible interactions with other medications. These things may not be mentioned by your doctor. You have the right to ask questions and get an explanation. The Consequences Of Medication Errors There are many ways medication errors can cause serious side effects. Some cases may have minor consequences, while others could result in death. It all depends on what the error is. It is often most dangerous to prescribe harmful medication that causes allergic reactions. Most often, victims of medication errors suffer financial and physical consequences. Some patients might develop a new condition that will require treatment. Others may feel worsening symptoms or worsening. Most cases require extended treatment, which may delay returning to work. RAPID RESPONSE WITH SOLID ANSWERS TO YOUR SERIOUS QUESTIONS REGARDING YOUR CASE Because we have in-house medical know-how, we can evaluate the medical questions in your case and provide answers without a lengthy wait. Our internal process involves getting the issues in your case quickly in front of the right physician attorney who, based on his or her medical experience and training, is most likely to have the answers you seek about whether you have a case and how we might help you get the compensation you deserve to help secure a brighter future for you and for your loved ones.

Do you want to learn how to navigate your medical negligence cancer settlement better? Learn More: Can You Sue a Doctor for Failure to Diagnose? Is Failure to Diagnose a Form of Medical Negligence? How To Find A Good Medical Negligence and Malpractice Attorney (And How To Choose The Right One) Video Transcript Timestamps 0:00 Intro 1:00 Your Cancer Settlement 1:52 The Strength of Your Case Well, in terms of settlements, I’ll tell you in most jurisdictions, these days, what’s called ‘alternative dispute resolution’, has been implemented into the litigation process. After both parties, both the defendant and plaintiff, have been able to exchange documents, have been able to answer questions from each other, in some cases there may be a ‘call to admit as factual’ certain issues involving the case, the parties need to exchange that willingly, and we as attorneys have a duty to deal honestly with the opposing party and to not withhold relevant evidence from them and vice versa. 1:00 Your Cancer Settlement Once that’s accomplished and both parties have full access to the facts in the case, fashioning a settlement is going to boil down to a correct calculation of exactly what the damages may be. And then factoring in the contingency that if you took this case to trial, would you prevail or would you not prevail? Again, a case with a less likely possibility of success is going to be valued more conservatively than a case where your success, where your chance of success on the merits is very high. If your chance of proving to a jury that you were a victim of medical negligence is very high, that settlement value is going to be a greater amount than if the case is, for lack of a better term, more iffy. 1:52 The Strength of Your Case So you’d like a case where there are not many ifs. You’d like certainty, you’d like a case that wasn’t in any way rebuttable, you’d like a strong expert to support your opinion, you want a reputable expert, someone whose opinion is backed by experience, perhaps publications in that area, perhaps the recognition of the development of testing and surgical procedures or techniques of the diagnosis of whatever that medical entity may be. You want to have the very best person backing your side and you’d preferably like the other side to either not be able to get support from an expert or for their expert to be far less qualified and far more reputable. So again, all of these things factor into hopefully proving the value of your settlement. And again, I cannot underestimate the value of knowledge and more so even than knowledge, experience. If someone’s experienced they may know what they don’t know, but they know where to go to find the right person, the right help to help them understand the case, and to perhaps even help the client understand the case. There are some situations where you may have a very skeptical view of the case initially, you may do some of your own research. You may make a phone call to someone who has had a similar case. You may make a call to an expert and your initial view of that case’s value may change in an instant. So again, experience, the ability to do research, the ability to find the right people to be of assistance, all go into a successful lawsuit. I believe at LawMD that we have that combination. And for that reason, I would hope that you would consider allowing us to represent you.

Watch the video below to learn more about pulmonary embolism medical malpractice cases from one of our highly qualified medical malpractice attorneys. What Is A Pulmonary Embolism? A pulmonary embolism is a blood clot which forms in a blood vessel within the body, often in the leg. The blood clot then travels to the lung artery, where it abruptly blocks blood flow. More Information about Pulmonary Embolism An embolus is a blood clot which forms in a blood vessel and travels to another part of the body. An embolus is a blood clot that can become lodged in a blood vessel. This can cause a blockage in the blood supply to an organ. An embolism is a blockage of blood vessels by an embolus. The circulatory system of the body is made up of the heart, arteries and capillaries. The blood is moved from the heart to the arteries with great force. The blood then flows into the capillaries, which are tiny blood vessels located in the tissues. Through the veins, blood returns to the heart. Blood flow slows as it flows through the veins to the heart. This slow blood flow can sometimes lead to clot formation. What Causes A Pulmonary Embolism? To prevent bleeding, blood clots are a natural process. The body creates blood clots, then breaks them down. In some cases, the body might not be able to dissolve a clot. This could lead to serious health problems. Blood clots in veins can be caused by a slowed blood flow or an abnormality in the formation of clots, or an injury to the blood vessel walls. Blood clots may form in veins and arteries. Venous clots are formed in veins. There are two types of veins in the legs: superficial veins that are close to the skin’s surface and deep veins that are located near the bone. Most often, venous clots occur in the deep veins. Deep vein thrombosis is also known as DVT. Once a clot forms in the deep veins, it is possible for part of the blood clot to break free and travel through the bloodstream to another area, such as the lung. A pulmonary embolism is most commonly caused by DVT. A fat embolus (often associated with the breaking of large bones), amniotic liquid embolus and air bubbles are also common sources of pulmonary embolism. An IV catheter may be inhaled and clots can form. Pulmonary Embolism Medical Malpractice: Who Is At Greatest Risk Of Pulmonary Embolism? The following are risk factors for pulmonary embolism: Increased risk of blood clots due to genetic conditions A family history of blood-clotting disorders Orthopedic surgery, especially for injuries to the legs or surgery or rehabilitation Situations that limit mobility, such as prolonged bed rest, riding long distances or flying, paralysis, and other situations Clot history in the past Aging Treatment for cancer and prevention Some medical conditions such as heart disease, chronic obstructive lung disease (COPD), high blood pressure, stroke, and inflammatory bowel disease may be caused by certain medical conditions. Some medicines, like birth control pills or estrogen replacement therapy, may be prescribed. After and during pregnancy, as well as after a cesarean section Obesity Varicose veins are enlarged veins in the legs. Cigarette smoking Pulmonary Embolism Medical Malpractice: What Are The Signs And Symptoms Of A Pulmonary Embolism (Pulmonary Embolism)? These are the most common signs of pulmonary embolism (PE). Each person will experience different symptoms. Sudden shortness or a lack of breath is the most common. Chest pain (usually worsened by breathing) An anxiety feeling Feeling dizzy, lightheaded, or fainting Irregular heartbeat Palpitations (heart racing). Coughing up blood and/or a cough Sweating Low blood pressure Deep vein thrombosis (DVT) may also be present, such as: The affected leg may feel sore when walking or standing. Leg swelling Tenderness, redness and/or warmth of the legs. Redness or discoloration of the skin If you believe you may have a PE your healthcare provider will examine your legs for signs and symptoms of deep vein thrombosis. The severity and type of symptoms you experience from a PE will depend upon the size of your embolism, and whether or not you have any heart/lung problems. A PE can look similar to other conditions. For a diagnosis, it is important to consult a healthcare provider. How can pulmonary embolism be Diagnosed? Pulmonary embolism (PE), which is often hard to diagnose, can be very similar to other conditions. A complete medical history is required. Chest radiograph. This test can be used to evaluate the heart and lungs. The chest X-rays provide information about the shape, contour, size, and anatomic locations of the heart, lungs and bronchi (large breathing tubes), and mediastinum (area at the center of the chest that separates the lungs from the rest of the body). Ventilation-perfusion scan (V/Q scan). For this nuclear radiology test, a small amount of a radioactive substance is used to help examine the lungs. Ventilation scans evaluate ventilation. This is the movement of air into the bronchi and the bronchioles. A perfusion scan measures blood flow to the lungs. Pulmonary angiogram. The X-ray image shows the blood vessels and is used to diagnose various conditions such as aneurysms (bulging of blood vessels), stenosis, narrowing of blood vessels, or blockages. Through a flexible tube that is placed inside an artery, a dye (contrast), is injected. The dye causes the blood vessels to appear on X-ray. Computed Tomography (CT) or CAT scan. This imaging test uses X-rays to create detailed images of the body. A CT scan can show details about bones, muscles, fat, organs, and more. Contrast CT enhances the image in the lungs of blood vessels. Contrast is a dye-like substance that is injected into a vein to make the organ or tissue under examination more visible on the scan. Magnetic resonance imaging. This imaging technique uses a combination radio frequencies and a magnetic field to create detailed images of the organs and structures of the body. Duplex ultrasound (US). This type is used to evaluate blood flow and the structure in the blood vessels of the legs. (Blood from the legs can often travel to the lung and dislodge. The US uses high frequency sound waves and computers to create images of blood vessels, tissues and organs. Laboratory tests. Blood testing are used to determine the blood’s clotting condition, including a test called D–dimer level. Another blood test may be used to check for genetic conditions that could cause abnormal blood clotting. To determine how much oxygen is present in the blood, arterial blood gases can be tested. The EKG (Electrocardiogram) is the simplest and most efficient test to assess the heart. The electrodes (small, sticky patches that are small) are placed on certain areas of the chest, arms and legs. Lead wires connect the electrodes to an EKG machine. The heart’s electrical activity is recorded, interpreted and printed. Pulmonary Embolism Medical Malpractice: How Can A Pulmonary Embolism Be Treated? There are several treatment options for pulmonary embolism (PE). Anticoagulants. These medicines, also known as blood thinners or blood thinners, decrease blood clotting. This prevents clots becoming larger and helps to keep new clots away from forming. Warfarin and Heparin are two examples. Fibrinolytic Therapy. These medicines, also known as clot-busters, are administered intravenously (IV) or into a vein to dissolve the clot. These medicines should not be used in situations that are life-threatening. Vena Cava filter. This small, metal device is placed in the large blood vessel that returns blood to the heart. It may prevent clots traveling to the lungs. These filters can be used when you are unable to get anticoagulation treatment for medical reasons, develop more clots despite anticoagulation treatment, have bleeding problems due to anticoagulation medication or when you don’t want to take anticoagulation medicine. Pulmonary Embolectomy. This is a procedure to remove a PE. This is usually done when the PE is severe, if you are unable to get anticoagulation or thrombolytic therapy because of other medical conditions, or if your condition is unstable. Percutaneous hemorrhage. A catheter is a long hollow tube that can be inserted through the blood vessels to reach the area of embolism. Once the catheter has been placed, it can be used to either break up the embolism or pull it out using thrombolytic medication. Preventive treatment is an important part of treating a PE to prevent the formation of further emboli. Pulmonary Embolism Medical Malpractice: What Are The Complications Of Having A Pulmonary Embolism. Pulmonary embolism (PE), which can lead to a decrease in blood flow and lung tissue damage, is known as a pulmonary embolism. Low blood oxygen levels can also cause damage to other organs. A PE, especially a large one or clots, can cause serious and sometimes fatal problems. Anticoagulation medications or blood thinners are often used to treat a PE. If you take too many anticoagulation medicines or blood thinners, your blood can become thin and increase the risk of excessive bleeding. If bleeding continues after applying pressure for 10 minutes, it is called excessive bleeding. You should also be aware of other signs and symptoms such as bleeding: There are signs of bleeding in your digestive system Bright red vomit, or vomit that looks similar to coffee grounds You can have bright red blood on your stool, or you can have black, tarrystools Abdominal pain Brain bleeding signs: Grave headaches Sudden vision changes Sudden loss in movement or sensation in your arms or legs Memory loss or confusion These conditions should be treated immediately. Pulmonary Embolism Medical Malpractice: Is It Possible To Prevent Pulmonary Embolism? Pulmonary embolism (PE), which is commonly caused by blood clots that formed in the legs, is often preventable. Prevention of PE is possible by living a healthy lifestyle. This includes: Regular exercise Healthy weight A balanced diet Take only the prescribed medications Not smoking DVT prevention includes: Noninvasive mechanical measures There are many ways to prevent DVT, without the need for medication: Compression stockings are elastic stockings that compress or squeeze the veins to stop blood from flowing backward. Pneumatic compression devices are sleeves on the legs that are connected with a machine that applies alternating pressure to the legs to keep the blood moving. After surgery or illness, get up and move as soon as you can. By stimulating blood circulation, movement can prevent clots form. Medicine To prevent DVT, anticoagulants and aspirin can be used. DVTs can still be contracted by many people even after discharge from hospital. DVT prevention treatment should continue until the risk is eliminated, which usually takes 3 to 6 months. Pulmonary Embolism Medical Malpractice: Important Points Regarding Pulmonary Embolisms A pulmonary embolism is a blood clot which develops in a blood vessel in the body (often in the leg) and travels to an arterial in the lung. The blockage causes a sudden blood loss. An abnormal blood clot can form when there are problems like slow blood flow, abnormal clot-forming factors and/or injury to the blood vessel walls. Pes have been associated with a wide range of risk factors and conditions. The most common sign of a PE is sudden shortness of breath. Because PE symptoms and signs are similar to many other diseases and conditions, it can be difficult to diagnose. To diagnose PE, imaging tests and blood tests can be used. Preventing the formation of additional clots is an important part of treating a PE. PEs can be treated with medicines, filters to prevent clots getting into the lungs, or surgery. A PE, especially a large one or a lot of clots can quickly lead to serious and potentially fatal consequences Learn More: The Consequences Of Medical Malpractice What Is The Difference Between Medical Malpractice And Medical Negligence? Video Transcript We’re talking about pulmonary emboli and the potential for medical malpractice cases. A pulmonary embolism is a blood clot, a blood clot that goes and lodges into the heart and then up into the lungs, which causes a person to have difficulty exchanging air and can even cause sudden death 100 percent of the time tragically. The blood clot source is a deep vein thrombosis, a fancy word for saying that there’s a blood clot that’s usually in one of the veins in the lower legs, and the veins are different from arteries in your circulatory system. You have arteries that carry oxygenated blood that’s already been filled with oxygen from the heart and the lungs, and that artery takes that blood into your muscles. It takes it into your organs, and your muscles and organs use the oxygen and pull that off. Once that blood has been used, it has to return to the heart and the lungs to get re-oxygenated. That goes through the veins. Well, the veins in your lower extremities are very, very big, and often, people may be predisposed to getting blood clots in those veins if they sit on a plane for a long period and don’t get up and move around or for that matter, people have some pre-existing cancer. Cancer is a predisposition toward having blood clots, but for whatever reason, there’s a blood clot. Then if people get up and move, that blood clot essentially shifts and migrates up through the vascular system, goes through the right side of the heart, and then gets lodged into the lungs, and people die. Now where you see medical negligence is when people show up with symptoms, and they’re ignored. They’re not properly worked up, the symptoms that are typically associated with a deep vein thrombosis, DVT is a pain in the legs, pain swelling, usually in the calf area, where you squeeze the calf, and that’s called a yeoman sign, but other symptoms are associated with deep vein thrombi, and if those symptoms are not adequately addressed, if they’re ignored, if they’re minimized, it can have devastating effects. A person could be running around with blood clots in their veins, and they get up and go to the restroom, and that blood clot shifts off, and boom, next thing you know, it’s in the heart and lungs, and they drop dead. I have litigated probably about a dozen pulmonary embolism malpractice cases. We’ve settled pretty much all of them because the damages are huge. I mean, usually, these people don’t make it. They die. So PE is a natural phenomenon in this world. It’s so prevalent that people should be aware of it. When people start having pain in their legs, it pops up without trauma. You didn’t bump yourself on the table or anything. Suddenly you’re sitting there, and you have pain in your calf. People need to think about having a deep vein thrombosis, which necessarily should cause people to think, hey, let’s try to avoid somebody having a pulmonary embolism and dying. Those are situations that we typically see with pulmonary emboli and medical malpractice. Once again, if you think that someone you know or a loved one has suffered a pulmonary embolism and the doctors just blew it, that there were symptoms that were going on that were ignored, give us a call. I would love to review every page of the medical records associated with your loved one’s care and tell you what happened..

The birth of a child is a momentous occasion. Still, complications during labor can turn this joyful experience into a frightening medical situation when a cesarean section (C-section) is necessary to protect both mother and baby. A C-section is a surgical procedure used to deliver a baby when a vaginal delivery may pose a risk. While it is a common and often life-saving procedure, any delay in performing a C-section when needed can result in severe injuries for the baby, which can raise questions of medical malpractice. Understanding C-Section Delays and Their Consequences A C-section may be necessary for several reasons, such as prolonged labor, fetal distress, or the baby being in an abnormal position. In these situations, medical professionals must act quickly to prevent harm. However, when there is a delay in performing the C-section, the baby may be exposed to serious health risks. A delayed C-section occurs when the procedure is not promptly performed after it becomes medically necessary. Common causes of these delays include hospital understaffing, failure to properly monitor the mother and baby, or a misdiagnosis of the baby’s condition. Sometimes, communication breakdowns between the healthcare team can also result in critical delays. The consequences of a delayed C-section can be devastating. Some of the most common medical complications for the baby include: Oxygen Deprivation: If the baby is not delivered quickly enough, the supply of oxygen can be compromised, leading to conditions such as hypoxia or asphyxia. Brain Injury: Oxygen deprivation can cause permanent damage to the baby’s brain, leading to developmental delays or intellectual disabilities. Cerebral Palsy: This condition, often caused by brain injury during birth, can result in motor skill impairments and lifelong challenges. These complications can form the basis of a medical malpractice claim if the delay in performing the C-section was due to negligence by the healthcare provider. Medical Standards of Care in C-Sections Medical professionals are held to specific standards of care when managing labor and delivery, especially when it comes to recognizing and responding to signs of fetal distress. Abnormal heart rate patterns may indicate fetal distress, decreased fetal movement, or other warning signs requiring immediate intervention. Medical teams are expected to monitor both the mother and baby closely throughout labor and make timely decisions about whether a C-section is necessary. In a delayed C-section scenario, negligence may occur if the healthcare provider fails to meet the expected standard of care. Negligence could involve a failure to recognize signs of fetal distress, improper communication among medical staff, or a delay in preparing the operating room for surgery. When these failures result in injury to the baby, the family may have grounds for a medical malpractice claim. Proving negligence in a delayed C-section case can be challenging, as it involves evaluating the medical team’s actions (or inactions) and determining whether their decisions were reasonable given the circumstances. Legal Protections for Babies and Families Families in Washington, D.C., who have experienced birth injuries due to a delayed C-section are protected under negligence laws. These laws allow parents to seek compensation when a healthcare provider’s actions deviate from the accepted standard of care, leading to harm. When filing a medical malpractice claim in Washington D.C., parents may seek compensation for various damages, including: Medical Expenses: This includes the immediate costs of treating the baby’s injuries and any future medical care that may be required, such as surgeries, physical therapy, or long-term care. Future Care Costs: Babies who suffer from conditions like cerebral palsy or developmental disabilities may need lifelong care, and families can pursue compensation to cover these expenses. Pain and Suffering: Families may also seek damages for the emotional toll that a birth injury takes on both the child and the parents. An essential part of any birth injury claim is proving that medical negligence occurred, which often requires expert testimony. Medical professionals with relevant knowledge can provide insight into whether the healthcare team acted appropriately. At LawMD, we have the advantage of having legal and medical professionals on our team, which gives us a deeper understanding of the medical procedures involved and helps strengthen our clients’ cases. Our birth injury team includes attorneys with medical board certifications in Pediatrics, Obstetrics and Neonatology. Filing a Malpractice Claim for Birth Injuries If your baby has been injured due to a delayed C-section, there are several important steps to take to protect your legal rights. First, it is imperative to document all aspects of your child’s medical condition, including any diagnoses, treatments, and ongoing care needs. Gathering as much information as possible will be valuable if you file a claim. In Washington D.C., the law requires families to file a Notice of Intention to bring a medical malpractice claim under D.C. Code § 16-2802. This notice must be sent to the healthcare provider or institution that may be held liable for the injury. Additionally, Washington D.C. has a strict statute of limitations for medical malpractice cases, outlined in D.C. Code § 12-301. The statute of limitations generally requires that a claim be filed within three years of the injury, but there are some exceptions. Act quickly to ensure all filing deadlines are met to preserve your right to seek compensation. Potential compensation in a birth injury case can include economic damages, such as medical bills and lost wages, and non-economic damages, such as emotional distress. The amount of compensation available will depend on the specific facts of the case, including the severity of the baby’s injuries and the long-term impact on the family. Consult Experienced Medical Malpractice Attorneys for Help A delayed C-section can result in serious and lifelong injuries for a baby, leaving families to deal with the emotional and financial burdens. If you believe that medical negligence played a role in your child’s injury, you have legal options. The laws in Washington, D.C., provide essential protections for families in these situations, and pursuing a medical malpractice claim can help ensure that you receive the compensation necessary to care for your child. Skilled professionals at LawMD are prepared to guide you through the medical and legal issues of your case. Contact us at 844-732-1024 to explore how we can assist you in pursuing justice for your family.

Living with a chronic condition requires consistent and well-coordinated medical care to manage symptoms, prevent complications, and maintain an individual’s quality of life. When healthcare providers fail to monitor or treat chronic conditions properly, the consequences can be severe and even life-threatening. In some cases, mismanagement of these conditions may constitute medical malpractice, giving patients the right to pursue legal action. Chronic Conditions and Their Treatment A chronic condition is a long-term illness requiring ongoing medical attention and lifestyle adjustments. Common chronic conditions include: Diabetes Hypertension (high blood pressure) Heart disease Asthma Chronic kidney disease These conditions can worsen over time if not properly managed, leading to serious complications such as heart attacks, strokes, organ failure, or neuropathy. For many patients, regular medical monitoring, medication adjustments, and lifestyle interventions are critical to controlling symptoms and preventing escalation. Consistent medical care is essential for patients with chronic conditions. Diabetes patients, for example, require regular blood sugar monitoring, insulin adjustments, and foot exams to avoid complications like nerve damage or amputation. Likewise, heart disease patients must receive routine evaluations, medication management, and dietary guidance to prevent cardiac events. Mismanagement of a chronic condition occurs when healthcare providers fail to adhere to the standard of care expected for that condition. Mismanagement situations can involve: Failure to monitor the patient’s condition: Skipping routine exams or tests necessary to track a condition’s progression. Incorrect medication management: Prescribing the wrong medication or dosage or failing to adjust medications when needed. Poor follow-up care: Failing to check in on a patient after a major medical intervention or hospital visit. When chronic conditions are not properly managed, the results can be devastating. For example, failing to control high blood pressure can lead to a stroke, while poor management of diabetes can cause serious infections or even blindness. When Mismanagement Constitutes Medical Malpractice Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. In chronic conditions, malpractice can arise when a provider’s negligence causes the condition to worsen or leads to additional complications. At LawMD, our attorneys are also licensed physicians who can help you navigate the medical and legal aspects of your malpractice case. For malpractice to be proven, four key elements must be established: Duty of Care: The healthcare provider was responsible for providing appropriate care based on the patient’s condition. Breach of Duty: The provider failed to meet the standard of care expected for that condition. Causation: The provider’s failure directly caused the patient’s condition to worsen or resulted in a new complication. Damages: The patient suffered physical, emotional, or financial harm due to the provider’s negligence. Various circumstances illustrate how mismanagement of chronic conditions can lead to a malpractice claim: Failure to Adjust Medications: A patient with hypertension relies on their doctor to adjust medication as their condition changes. If the doctor fails to increase or change medication despite clear signs of worsening blood pressure, the patient may suffer a stroke. This failure to act could be considered negligence. Ignoring Patient Complaints: A diabetic patient reports recurring foot infections to their doctor, but the doctor dismisses the complaints without further investigation. Over time, the infections lead to severe damage, requiring amputation. The doctor’s failure to address the patient’s concerns could constitute malpractice. Poor Follow-Up Care: A patient recently diagnosed with chronic kidney disease does not receive adequate follow-up care after a hospital stay. Without proper monitoring and intervention, the condition progresses to kidney failure, requiring dialysis. In this case, failure to provide ongoing care could be grounds for a malpractice claim. Washington D.C. law provides clear guidelines for establishing negligence in medical malpractice cases. Patients must demonstrate that the healthcare provider deviated from the standard of care that would reasonably be expected from a similarly qualified professional in similar circumstances. This legal standard is essential for proving that mismanagement of a chronic condition was not merely a mistake but a breach of duty that directly harmed the patient. Statute of Limitations Under D.C. Code § 12-301, the statute of limitations generally provides three years to file a medical malpractice claim. However, in cases of chronic condition mismanagement, determining when “the time the right to maintain the action accrues” can be challenging. Mismanagement of chronic conditions can result in gradual worsening over time rather than an immediate and identifiable injury. This delayed realization complicates determining when the statute of limitations begins. The accrual of the right to file a lawsuit might hinge on the moment when the patient reasonably knew — or should have known — that their worsening condition resulted from mismanagement. Courts may consider factors such as: When did the patient first experience signs that their condition was improperly managed? Did the patient have regular follow-up care or seek a second opinion? When did the patient receive a diagnosis that indicated prior mismanagement? Determining the starting point for legal action in these cases often involves the “discovery rule,” which allows the statute of limitations to begin when the patient becomes aware (or reasonably should have become aware) of the negligence rather than when the mismanagement first occurred. However, applying the discovery rule in chronic condition cases can be complex, as it may be difficult to pinpoint when the patient became aware of the negligence, especially if the decline in health was gradual. Filing a Malpractice Claim for Chronic Condition Mismanagement If you believe your chronic condition has been mismanaged and resulted in significant harm, you may have grounds for a medical malpractice claim. The first step in evaluating your case is determining whether your healthcare provider’s actions (or lack of action) meet the legal definition of negligence. Important steps to follow when filing a malpractice claim for mismanagement of a chronic condition include: • Consult a Medical Malpractice Attorney: It is essential to consult an experienced attorney specializing in medical malpractice cases. They can review your medical records, evaluate the facts of your case, and advise you on the likelihood of proving negligence. • Gather Medical Records: Obtaining your complete medical records is essential to proving malpractice. These records will show the treatments you received, any changes in your condition, and whether the healthcare provider took appropriate steps to manage your chronic condition. • Obtain Expert Testimony: Medical malpractice cases often rely on expert testimony to establish whether the healthcare provider’s actions were consistent with the standard of care. Experts can testify regarding what should have been done to manage your condition and how the provider’s failure caused harm. Seek Compensation for Damages If you successfully prove malpractice, you may be entitled to compensation for a range of damages, including: • Ongoing Treatment Costs: Many chronic conditions require ongoing care. If your condition was made worse due to mismanagement, you may be entitled to compensation for additional medical expenses. • Pain and Suffering: Malpractice can lead to physical pain, emotional distress, and a diminished quality of life. Compensation may be available for these non-economic damages. • Reduced Quality of Life: If your ability to work, enjoy life, or participate in daily activities has been compromised, you may be entitled to compensation for the loss of quality of life. Seek Legal Advocacy for Your Medical Malpractice Claim Mismanagement of a chronic condition can have serious and long-lasting consequences. If you believe a healthcare provider’s negligence worsened your condition or caused additional complications, you may have the right to pursue a medical malpractice claim. At LawMD, as attorneys who are also doctors,  we understand the challenges of managing chronic conditions and the legal standards involved in proving malpractice. Contact us today at 844-732-1024 to discuss your case and learn how we can help you seek justice and compensation for your injuries.