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Watch our video to learn how medical malpractice attorneys for separation of the placenta help with these types of medical malpractice cases. Video Transcript Medical Malpractice Attorneys For Separation Of The Placenta (Placental Abruption) We’re talking about placenta abruption. That is a term that means that during pregnancy, the placenta is the tissue within the uterus that essentially cushions the baby. The amniotic sac, where the baby is positioned, lies right next to the placenta and then the uterus, and then all of that is within the uterus. The placenta provides nourishment to the baby during the whole pregnancy gestational process. Placental abruption is the medical term meaning that the placenta is supposed to lie up against the wall of the uterus. For some reason, it gets separated, it gets peeled back, and when that happens, the areas of the placenta that are separated from the wall of the uterus can’t get any blood. It can’t get any nourishment, and as a result, the baby doesn’t get as much blood and nourishment. Also, placental abruption can be a very, very catastrophic situation. I’ve probably litigated about a half-dozen cases dealing with placental abruption, and unfortunately, most of the time, when it happens, it’s something that happens very, very quickly. The baby’s, you’re looking at the fetal monitoring strips which gauge the baby’s heart rate and the baby’s heart rate is, you know, bumping there at 130-140, which is normal, 130 beats per minute, and then it looks like the heart rate just falls off a cliff, it just goes down to 60. When the placenta peels away from the uterus and during those situations, you know, obviously the doctors have to respond immediately. Still, sadly, even if the doctors respond instantaneously, in a number of cases, there’s a catastrophic outcome with the death of the baby. Now the cases that do have some ability to be won are situations where there is a gradual separation of the placenta from the uterus. You can see the baby’s heart rate kind of fluctuate and going down, and the baby shows signs of distress which necessarily would have given the doctors much more time to basically intervene and do a cesarean section to get the baby out quickly, and those strips are either underread, misread, or just simply ignored. Sadly, I see that I see that all too often where a baby is there, there’s a gradual placental abruption that’s going on, and you know the nurses and the doctor asleep at the switch, this baby’s crying out. You can see it in the heart rate and the heart rate fluctuation. The tracing has become very, very concerning, not reassuring, and there needs to be action. There’s nothing that’s done intervening or better to see better what’s going on. Those are the cases that I see all too often. It happens a lot. It happens a lot because of just the bad state of nursing. Sadly, a number of situations I see are where you have labor and delivery nurses who are not properly trained. They may be travel nurses that are just filling in at a hospital. They just don’t have the requisite experience and training to look at the strips properly, and when that happens, you know, catastrophe occurs. So those are sad situations; the symptoms associated with placental abruption are just acute abrupt abdominal pain and bleeding. Those are the classic signs that women see when they have an abruption or separation of the placenta from the uterus, and again what I was manifesting in the baby is that there’s a sharp drop in the heart rate, in the baby’s heart rate. Those are sad situations, and these moms who have been carrying these babies often to term, full-term, you know, they’re sitting there brimming with hope and optimism, and all of a sudden, they’re there with a dead baby. Not a good scenario, and again, if that has happened to you or any of your family members, please, you know, give our medical malpractice attorneys a call. This is what we do, and you all should not be the only ones you know shouldering the burden of other people’s mistakes. Learn More: The Consequences Of Medical Malpractice What Are The Odds Of Winning A Medical Malpractice Suit?

Watch the video below to learn more about medical malpractice cases involving a rupture of the uterus. Learn More: The Consequences Of Medical Malpractice What Is The Difference Between Medical Malpractice And Medical Negligence? Video Transcript We’re talking about uterine rupture, where a woman is pregnant, and the uterus separates during labor. When the uterus starts contracting to expel the baby through the vagina, the uterus bursts. It happens, and what are the situations where that is something you need to look out for? This typically occurs when women opt to attempt to do a vaginal delivery rather than a C-section when they’ve had a C-section before, and it makes a lot of sense if you think about it. If a woman has had a cesarean section before, that means that their uterus has been cut into before and has healed. Well, along that scar line in the uterus, there is scar tissue, and if you think about it when the uterus is about to, is contracting during labor, that may put an inordinate amount of pressure on that scarring area where the previous C-section occurred, and that area may be more susceptible to pop open and obviously in other regions of the uterus that have not been cut into previously. So it happens. It’s a catastrophic situation. Think about it, the babies and the warmth of the womb, and all of a sudden, the baby is dumped out into the mother’s belly and has to fend for themselves. It is a catastrophic emergency, and the only treatment is the baby has to be delivered ASAP via an emergent C-section, slap on the Betadine, cut the woman, and get the baby out. If there’s any delay in that, then the baby could suffer profound brain damage or even death. If this has happened to you or anybody that you’ve loved, if you all have, you know, that there’s been a ruptured uterus that resulted in catastrophe to a baby, give us a call. We have the requisite experience, knowledge, and understanding to see whether or not that person is in fact, a victim of negligence. Again, just because it happens doesn’t mean that there’s negligence, but I can tell you if it does happen, then I want to see what the strips are showing, you know. When I say the strips, you know, they’re the strips that are put on the mother and the baby to see how well the baby is doing, how healthy the baby is. If those strips were abnormal and nobody responded appropriately to them, then you may have the case that there may be negligence. Or, for that matter, if the medicine that was given to the mother to promote contraction of the uterus, something called Pitocin, that was given too aggressively, too quickly such that it really, really challenged the uterus that had already had the scar tissue on it too much, those are good cases also. So again, think about what the doctors told you, and even if you don’t know, that’s why we’re here. Call us, and we’ll tell you. We’ll give you some answers, irrespective of whether or not there’s a case or not. More Information about.. Medical Malpractice Cases Involving A Rupture Of The Uterus: Uterine Rupture And Birth Trauma Lawsuits Many families who file a civil malpractice suit for medical malpractice require a life plan to cover the economic loss they will suffer over the lifetime of the child. A birth injury could have caused the baby or mother to become incapacitated. Is the doctor reluctant to disclose the cause of your injuries, such as a ruptured uterus or confusion? Medical Malpractice Cases Involving A Rupture Of The Uterus: How To Have A Healthy Baby Every woman who is pregnant hopes for a simple pregnancy, followed by safe labor and delivery to ensure the baby is healthy. There are some problems that can occur, particularly in vaginal births after cesarean (VBAC), delivery. Many women also experience an unanticipated uterine tear, which could be due to medical negligence. Many families filed a uterine leak malpractice case against the hospital and medical team when something was wrong during pregnancy. Uterine rupture is a serious threat to both the baby and the mother’s health during labor and delivery. This condition is more common in women who have had previous cesareans or have had uterine surgery that left the uterus scarred or unscarred. Sometimes, the uterine rupture is caused by the myometrial wall or uterus tearing and the contents spilling out into the perinatal cavity. Medical Malpractice Cases Involving A Rupture Of The Uterus: For Cases Of Uterine Rupture, You Can File A Medical Malpractice Claim Our law firm represents victims of medical malpractice, deficient medical devices ( product negligence), as well as other types of professional negligence. Our law office immediately takes action for our clients to ensure that they receive full compensation. We also build cases based on medical expert testimony and evidence.  Many of our lawyers are also physicians so we not only know the law, but we know the medicine. Our birth injury physician attorneys have successfully represented clients who suffered a ruptured uterus due to the negligence of others. A birth injury doctor lawyer can help you with any questions regarding how to get the financial compensation you are entitled to if your injuries were caused by a mistake made by a doctor. Medical malpractice victims are entitled to economic and non-economic damages. This includes payment for medical expenses, future lost earnings, and pain and suffering. Our birth injury lawyers are available to answer any questions you may have about compensation for your uterine rupture. Medical Malpractice Cases Involving A Rupture Of The Uterus: Definition Of A Uterine Relapse This life-threatening, rare and severe ruptured uterus complication occurs when the uterus contents, including the fetus, spill into the woman’s broad ligament (mesothelial cells sheet) or peritoneal cavity. A mere 1% of pregnant women experience a complete rupture of the uterus, which could pose grave risks to the mother and baby’s health. The doctor will usually discuss the baby’s health and perform an emergency Cesarean section. If an emergency surgery takes more than 40 minutes, the child may die from asphyxiation (lack of oxygen). This is usually caused by severe bleeding in her womb. To minimize the risk of uterine leakage in future pregnancies, doctors perform most uterine-rupture C-sections in hospitals with a low transverse (horizontal incision). Medical Malpractice Cases Involving A Rupture Of The Uterus: What Causes A Uterine Rupture? Vaginal births can be caused by uterine tears due to pressure buildup during labor. Uterine rupture is more common in pregnant women who have had a previous cesarean birth. Oxytocin use increased the risk of unscarred uterine leakage in 40% of cases. Medical Malpractice Cases Involving A Rupture Of The Uterus: Warning Signs Of Uterine Rupture Uterine rupture can be a serious problem. Vaginal bleeding excessive A prior cesarean birth without a trial of labor Previo vaginal delivery and subsequent uterine rupture Abnormal Fetal Heart Rate Tenderness or pain in the abdomen A lump in the abdominal cavity where the placenta or body of the fetus strikes the uterus Rapid maternal heart rate Abnormal previous cesarean section incision Low blood pressure in the mother Maternal hemorrhage of the Uterine Wall Maternal blood loss, including excessive vaginal bleeding, is severe Bladder injuries in the mother Multiple cesarean deliveries (more than one previous cesarean delivery) Too much amniotic fluid can cause a distended uterus. Maternal anemia is a deficiency in red blood cells. Obstructed work Fetal hypoxia, anoxia (Oxygen deprivation due to diminished blood supply) Due to the loss of muscle tone, the uterus causes the fetus to recede during delivery Notable bulging below the mother’s pubic bones Between uterine contractions, intense pain, and severe discomfort During delivery, the baby’s head recedes Unscarred uterus spontaneously ruptures AN post myomectomy gravid-uterus uterus ruptures spontaneously Too much amniotic fluid from multiple fetuses Abnormal soreness or intense abdominal pain The shock-stricken pregnant woman goes into shock A uterine scar from an older pregnancy causes intense, sudden aches Contractions are slower and less intense Tone deficient in the uterine muscles Uterine anomalies include fibroids Severe blood loss The fetal shock that internal hemorrhaging causes Hysterectomy-related injuries Uterine ruptures can occur in the uterine walls, leading to infant hypoxia or anoxia. Acidosis is an excessive acid buildup in a baby’s tissues and body fluids. Fetal death is usually caused by hemorrhage or anoxic brain injury. Excessive bleeding is often the cause of maternal complications and death. A baby who survives a uterine rupture in the mother’s uterus can experience developmental delays or have congenital disabilities such as cerebral palsy. This is caused by a deficiency of oxygen during birth. When oxygen deprivation (or birth asphyxia) is suspected, medical professionals may need to perform resuscitation. Multiple fetuses can increase the risk of uterine ruptures during vaginal birth attempts. Uterine Rupture Risk Factors There are certain risk factors that increase the likelihood of a uterine rupture. The following factors increase the risk of uterine leakage: A C-section performed earlier to remove fibroid tumors from the mother’s uterus. Grand multiparity is when women have had five or more children. Long labor and delivery that involves a greater number of children than the average child A uterine injury that occurred earlier, such as a stabbing, car accident, or gunshot wound. Uncontrolled Pitocin and OxyContin use can cause muscle contractions or too many of them. Multiple babies in a pregnancy that has excessive amniotic fluid causing a distended uterus Obesity in the mother Myomectomy scars and metroplasty scars for women with uterus fibroids removed Mothers who have experienced uterine trauma, such as a forceps-related problem delivery, may be pregnant. For gynecological and reproductive medical problems, a gynecological procedure can be performed earlier in the uterine. Women who have uterine perforation scars from a transcervical procedure or uterine procedure are at greater risk Scars on women who have had a previous repair of a uterine rupture are common. Women who have hysterectomy scars after a C-section where the newborn’s shoulders were caught on their pelvis (shoulder dystocia), Malpresentation is when the baby is not in the normal head-first position and is not passing through the birth canal. This is also known as breech delivery or shoulder, face, or brow presentation. CPD ( Cephalopelvic Disproportion) is when the mother’s pelvis does not allow for the delivery of a baby that cannot pass through the maternal birth channel. Placental Abruption is when the uterus and placenta separate. This can cause blood loss to the baby that could completely or partially stop their circulation. A macrostomia that affects newborns who are significantly larger than the average Difficult labor (labor Dystocia) is a condition that occurs near the end. History of fetal distress, which is the inability to physically bear labor and delivery Excessive vaginal bleeding during normal labor Infertility complications can be caused by the delayed diagnosis of intrapartum rupture. The loss of the fetal station Intrauterine pressure catheters can cause complications such as uterine rupture, amnionitis, and fetal vessel injury. Cocaine consumption Vaginal birth following cesarean (VBAC). The risk of having a vaginal birth is significantly lower than that of a scheduled cesarean. Research shows that most uterine leaks are caused by pregnant women. Prostaglandins are not recommended for use by family physicians to induce labor. This is due to the risk of uterine rupture. After a C-section, a trial of labor can be done to reduce the likelihood of having another cesarean delivery. Diagnosis Of A Uterine Departure During A Vaginal Delivery Because many symptoms and indicators of a ruptured uterus are not specific, doctors often have difficulty diagnosing it. The doctor can still perform monitoring and tests to detect fetal distress. A baby can usually be diagnosed during surgery if it is performed in an emergency cesarean section. Sometimes, however, uterine rupture can occur during vaginal birth. In these cases, medical staff must quickly perform an emergency cesarean section. The doctors will monitor the mother and baby’s health if the mother’s uterine ruptures during delivery (obstetric hemorrhage). Mothers who are unable to control bleeding or have a baby in distress may need an emergency C-section. This will avoid serious consequences. If the bleeding continues to be severe after a successful vaginal birth, the mother may need a hysterectomy to stop it. Preventing Uterine Ruptures To avoid uterine leakage, the only preventative option is to have a cesarean birth. Women who had a vaginal delivery after uterine rupture may have other options. The physician should still take a complete medical and family history, which will include documentation of any previous cesarean deliveries or other surgeries on the mother’s uterus. Do I Have A Valid Uterine Rupture Lawsuit? You might have medical records that prove your doctor was negligent in causing a partial or complete rupture of the uterus. Medical negligence could have caused a birth injury or the death of the mother or child. These cases may be grounds for a valid claim for compensation due to uterine rupture. The evidence may not be apparent, making it more difficult to file a claim. Many families hire a personal injury lawyer who specializes in medical malpractice cases. A physician-attorney will review your claim for uterine rupture and offer you many legal options. For a complimentary consultation, contact our law firm and speak to a physician-attorney today.

Watch the video below to learn more about nerve damage from surgery from one of our medical malpractice attorneys. Learn More: Examples Of Nerve Damage From Surgery The Consequences Of Medical Malpractice Video Transcript Nerve Damage From Surgery – Medical Malpractice Attorneys Nerve injuries associated with surgeries can cause devastating permanent disability. I’m going to give you an example. There’s a case that I had where a young man, he was probably about 40 years old, he had prostate cancer, and the treatment that he chose for the prostate cancer was laparoscopic, where they go in with a scope prostatectomy, where they take out the prostate gland and cancer. Well, to be correctly positioned, he had to be upside down virtually. He was on a table, but the table had to be tilted back at a steep angle. Just inexplicably, the doctors and anesthesiology department did not see fit to reposition him anytime during the six hours, seven-hour surgery. There was pressure; they had not put the pads on his arm properly and it was pressing on the brachiocephalic nerve of his right arm. After the surgery, this man could not move his right arm, and it was permanent. He literally had a piece of meat hanging off of his shoulder. He had a job in the field, he worked for a telephone company and no longer could work. It had a devastating impact on his life just because, you know, those people just didn’t give the record to this attention to correctly positioning his arm during the surgery. So that’s a real-life example. These are the kind of injuries you see sometimes, and I pray to God that nobody ever gets those. But if you or any of your family members undergo surgery and you come away with something you didn’t expect, at a minimum, allow somebody like me, an M.D., J.D., or somebody who’s got some kind of medical acumen and medical experience to look closely at the medical records to tell you what happened. Most of our physician-attorneys are either current or past treating doctors in, collectively, a wide range of medical specialties. There is a good chance one or more of our physician attorneys have actually treated medical conditions similar to the ones from which you or your loved one now suffers. That translates into care and understanding as your Counselors, and know-how as your Advocates.

Watch the video below to learn what to do when a delayed diagnosis causes irreversible harm from one of our medical malpractice attorneys. Learn More: Is a Delay in Diagnosis Considered Failure to Diagnose? How Do You Prove Delayed Diagnosis? Video Transcript Timestamps 0:00 Intro 0:33 Delayed Diagnosis May Cause Damage 1:21 Requirements Of Qualified Council 2:48 Potential Outcomes I was asked a question about how best to respond to a delay in diagnosis and when you feel that you have been adversely impacted by a delay in diagnosis. 0:33 Delayed Diagnosis May Cause Damage For lack of a better term, if you’ve been damaged by a delay in diagnosis, usually those delays have a consequence. It could be the inability to work. It could be pain. It could be a loss of function impacting your body in some way. It could be extreme discomfort. It could be even a chronic symptom like nausea, vomiting, diarrhea, and bleeding from various locations. All of these may be indicative of a past diagnosis that was not timely made. 1:21 Requirements Of Qualified Council If you feel that you were a victim of a delay in diagnosis, your best step initially, is to obtain an opinion from qualified legal counsel, and again, the three legs of the stool for lack of a better term, are someone has to have the basic knowledge of what’s happened, someone has to have the experience to take that knowledge and be able to quantify what damages resulted from the delay in diagnosis, be able to move those into a pleading format, to file a legal complaint, and then finally again, you need counsel that is aggressive and that cares about you.  Counsel that really wants you to succeed, and most of all, wants you to be better and to hopefully have a somewhat better quality of life than you would have had you not sought consultation with that person. The law cannot bring back a loved one. The law cannot cure incurable cancer. The law cannot magically repair a disabled limb or some traumatic brain injury, what the case may be. What the law can do is compensate you monetarily, and believe me, that does not in any way provide adequate relief, in many cases, from what the victim of a delay in diagnosis may have to suffer. 2:48 Potential Outcomes But it’s all the law can really give you, and it may make for a better life for the victim, for his or her family. It may lead to a change in behavior for whomever the defendant may be, where they hopefully do not allow the same delay to occur again. Again, I think the key thing is if you suspect you may have suffered as a result of a delay in diagnosis, please see an attorney, and be sure to see someone who’s qualified, knowledgeable, and aggressive. We believe LawMD meets that description, and we would love to be able to serve you and hopefully help you. If not, in all cases, please seek out the most qualified counsel that you can. 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. At LawMD, our attorneys are not just award-winning legal professionals; most of them are also medical doctors. Our team comprises medical professionals with specialties and capacity in emergency medicine, surgery, pediatrics, radiology, dentistry, and a number of other specialties and subspecialties. We also consist of highly respected trial lawyers, seasoned negotiators, and experienced litigators. It is this winning combination of legal and medical knowledge that earns our reputation among many as the legal team with “the right medicine for justice.”

Watch the video below to learn how to prove a cancer misdiagnosis claim for commonly misdiagnosed types of cancer. Learn More: Cancer Misdiagnosis For Commonly Misdiagnosed Types of Cancer – What You Can Do Cancer Misdiagnosis Overview – What You Need To Know Proving A Cancer Misdiagnosis – Cancer Misdiagnosis Video Transcript Hey, Bill Hinnant here, physician-attorney for Lawmd.com. Great to be with you this afternoon. We’re here to talk a little bit about misdiagnosis and how misdiagnosis can impact you as a patient, the treatment you receive, and how it might impact you long-term if a misdiagnosis occurs and you suffer from damages such as unexpected medical expenses, lost work, or some element of permanent disability from commonly misdiagnosed types of cancer. Proving a cancer misdiagnosis, in the case of either a benign or a malignant disease entity, can be of significance, it can change your life. Benign entities can be misdiagnosed and malignancies cancers can be misdiagnosed. Sometimes commonly misdiagnosed types of cancers are not diagnosed when they should have been. It may be that so simple atypia or some abnormality in the cellular anatomy is called as benign when it should be malignant. This can be seen in cases of prostate cancer, cases of cervical cancer, certain cases of breast cancer, etc., and in the context where these errors occur, usually, there’s a problem with the pathology. That is the examination of a biopsy under the microscope where the tissue is examined, in many cases by a qualified individual who simply fails to make the diagnosis of cancer when it’s actually present and maybe instead feels that this is not a cancer, but just some atypical abnormalities in the cells and how they look under the microscope. Maybe dysplasia as opposed to metaplasia or just a cellular abnormality versus a change in the cell that may be malignant. So again, these are cases we’re looking at biopsies are critical to determine the exact treatment, and again, if you don’t receive the appropriate surgery, radiation, therapy, chemotherapy, or immunotherapy, you’re not going to respond as would be expected. Treatments in today’s world generally are effective in the case of malignancies, but if you’re given the treatment in a case where what’s being treated is not actually what you have, you won’t be appropriately treated, you won’t respond appropriately, and your life could potentially be in danger. So again, if you think you’re the victim of a misdiagnosis, let us know here at LawMD. Our professionals are trained in both healthcare medicine as well as law. We can look at these cases individually and make a decision with your input, and a review of the medical records as to whether you might be entitled to compensation. I also should mention that misdiagnosis can occur in the case of benign entities. I had a case once where a case of neuromyelitis opticans, which is very similar clinically in some cases to Multiple Sclerosis, was diagnosed as Multiple Sclerosis, and the patient was then treated for Multiple Sclerosis for 10 years, but never really got better. There were huge amounts of money that was spent on treating Multiple Sclerosis, which the patient never had. Finally, a second opinion was sought after 10 years of treatment that was largely ineffective, and the correct diagnosis was made using a very simple blood test that by that time was widely available. By that time, I should mention that the patient had lost her ability to walk, she was in a wheelchair, she was completely incontinent of urine, and also had fecal incontinence. So her life was complicated by some horrible problems. But when the correct diagnosis was made and she was given what was supposed to be the correct treatment to start with, she immediately improved. She was able to leave her wheelchair, she was able to control her urinary and bowel function, she was able to get a life back after 10 years of incorrect treatment that should have never been given. If you feel that you’ve been in any of these scenarios, perhaps misdiagnosed as a result mistreated, not really effectively responding as you should have been over a prolonged period, it may be worth giving us a call at LawMD.com. We’d be delighted to help you. Thank you and do again, let us know if you feel that you’ve been a victim of any of these scenarios.

Watch the video below to learn more about common examples of dangerous cancer misdiagnosis. Learn More: Proving A Cancer Misdiagnosis Claim – Commonly Misdiagnosed Types Of Cancer Cancer Misdiagnosis For Common Cancer Types – What You Can Do Dangerous Cancer Misdiagnosis Video Transcript I’m Dr. Bill Hinnant, physician and attorney, nice to be with you. I was asked a question about what would be some common scenarios where cancer misdiagnosis occurred. Clinically, again, this could be an incorrect cell type coming from a given organ, or perhaps you have a correct cell type but it’s coming from a different location within the body, and all of this is critical because the treatment you receive, which in today’s world could be surgery, radiation therapy, chemotherapy, immunotherapy, whatever the case may be, all of these are going to be very specific for location of the cancer as well as the cell type. Well, how could a misdiagnosis occur? Well, perhaps, you could have misidentification of the tumor location on a radiograph. It may be that what you’re actually diagnosing is a metastatic lesion some cancer that is spread in the body as opposed to a primary lesion. Now usually, this is something that clinically, there might be some suspicion to a trained doctor as to whether this is likely a primary or likely a metastatic lesion, and the reason that’s known is simply through the statistics and knowing how common a given tumor might be from a given location. Again, what you really want to know is where did the cancer start, what’s the primary as we call it. So it may be that a radiograph identifies a  location that’s not a primary but is a metastatic lesion. That then leads to a second potential point of error, which is what’s biopsied. If an area is biopsied and it turns out to be a metastatic lesion as opposed to a primary, the cancer diagnosis again may be correct from the standpoint of the cell type, but you may miss the actual location of where the tumor started. So again, you can have a bad radiograph. You can have a bad biopsy. Thirdly would be the case of radio diagnostics. This is where a radioactive isotope is given to you and it’s supposed to locate the cancer, and perhaps it does locate the cancer. Maybe what happens is an area lights up with the radiotracer and another area that might actually have lighted up is not even being imaged in that study. Again, what this could lead to is a misdiagnosis of where the actual cancer primary may be, and to look at these situations, again, you have to have a knowledge of cancer in general how it’s diagnosed, how it’s treated. Again, at LawMD, our professionals are trained in medicine and in law. Clearly, these are difficult questions that demand experience and the ability to analyze medical records in certain studies in depth. At LawMD, we believe we have that expertise and we’d be delighted to try to help you if we can be of service to you. Again, best wishes on your healthcare journey, and hopefully none of this will ever happen to you, but if it does and you want an honest opinion from people who really care about you, call LawMD or search LawMD, and we’ll be happy to be in touch with you, thanks. More information regarding Cancer Misdiagnosis Common Examples Of Dangerous Cancer Misdiagnosis: How Cancer Is Misdiagnosed Each year, the United States is home to more than 1 and 1/2 million new cases of breast cancer. The American Cancer Association estimates that the country suffers from over half a million deaths each year. The good news is that treatment and detection methods for cancer are improving, and the cancer death rate is declining. The bad news is that misdiagnosis rates for cancer are still alarmingly high, despite better medical technology. According to the BMJ Quality and Safety journal, cancer misdiagnosis rates could be as high at 28%. Cancer is one of more than 100 diseases caused by abnormal cell divisions in the body. While some of these are more dangerous than others, they all pose the greatest risk of death. However, in almost all cases early detection is key to survival. A doctor who misdiagnoses cancer can lead to delayed treatment. This is costly for the patient and results in higher costs. Sometimes, even with the best medical care cancer can be misdiagnosed. Sometimes symptoms may look similar to other diseases. Tests are not foolproof. Interpretation of results can be subjective. Misdiagnosis does not always result from medical negligence or malpractice. It is often the case. It is possible to make a mistake when diagnosing: If a physician does not respond to a patient’s complaints of symptoms, he or she may order the necessary tests. The physician does not follow up on laboratory recommendations after testing or refer to the right specialist in time; Failure to correctly interpret test results by a physician, radiology, or other healthcare professional. If a doctor, technician, or other healthcare professional does not follow the proper procedures for collecting and conserving samples, it is deemed to be a failure to practice good healthcare. Defective medical equipment and procedures can cause inaccurate results that are not accurate in diagnosing healthcare professionals. If any of these events occur, you may be a victim of medical malpractice. The result could be the inability to correctly diagnose your cancer. This can cost you time and money and even put your life at risk. We can help you. Common Examples Of Dangerous Cancer Misdiagnosis: The Costs And Responsibilities A misdiagnosis of cancer does not automatically mean you have a legal claim against a doctor or healthcare professional. Four things must be proved in order to prove that your cancer misdiagnosis was caused by medical negligence or malpractice. You and the doctor who diagnosed your cancer had a doctor-patient relationship. The physician or another healthcare professional did not meet the standard of care for your case. This negligence may have caused your injury. This injury caused you to suffer specific damages. It is not easy to prove these elements in a case of cancer misdiagnosis. The person(s)/institution(s) responsible for causing you harm will have insurance companies and lawyers who work hard to prove that they are without fault, or that your injuries deserve less compensation than is fair. Your experienced attorney in cancer misdiagnosis will need to get to the bottom of your case. This will require the assistance of professionals such as radiologists, doctors, nurses, and pathologists. A missed cancer diagnosis can have devastating consequences. Your medical malpractice lawyer cannot reverse it. An experienced and competent lawyer can help you get the compensation you need to pay for past and future medical bills, medications, durable medical equipment and modifications to your home, nursing care for yourself, and your children, lost wages, and mental anguish, as well as for future and future losses.

Our family history contains information about diseases and conditions in your family. You may have genes, habits, or environments in common with your family members that could increase your chance of developing cancer. Watch the video below to learn more about cancer misdiagnosis in relation to your family history and genetic testing options and much more. More information about Family Health History and Cancer Cancer Misdiagnosis and Family History: What Information Do I Need? Collect information about yourself and relatives that are related to your blood. Parents and grandparents. Aunts and uncles Sisters and Brothers Nieces and nephews Children. Information should include: Which people had cancer? What kind of cancer did they have? What age were they when they were first diagnosed with cancer? Are they still alive? If they are not still alive, what was their cause of death and at what age? Cancer Misdiagnosis and Family History: How Do I Collect Family Health History Information? Ask your relatives about your family’s history of cancer during family gatherings. Ask your family members to fill in the gaps and confirm what they remember. It would help if you also looked at any family records, death certificates, and obituaries. Cancer Misdiagnosis and Family History: Are You At A Higher Risk Of Getting Cancer? You may be at higher risk if you have a history of colorectal, ovarian, breast or ovarian cancer. Tell your doctor if– An individual who was diagnosed with colorectal, breast or uterine cancer in a relative before the age of 50. One or more family members were diagnosed with colorectal, breast, or uterine cancer. An ovarian cancer diagnosis was made in a female relative. A male relative was diagnosed as having breast cancer. An Ashkenazi or Eastern European ancestor is you. Tell your doctor everything about your family history to determine if you are at higher risk of developing cancer. This information could be used to help you and your doctor determine what tests are needed to screen for cancer and when and how often you should have them done. You and your doctor can also use this information to help you decide if genetic counseling/testing is right for you. What Is Genetic Counseling And Testing? Your family history may suggest that you might have a genetic mutation. Your doctor can refer you to genetic counseling. A genetic counselor helps you determine if genetic testing is right for you. Genetic testing uses saliva or blood to examine your DNA. The test looks for DNA changes, also known as mutations. It can help you determine if you are at higher risk than most people. What Should I Do If I Have A Genetic Mutation? A genetic mutation does NOT mean that you will develop cancer. There are things you can do to reduce or manage your risk of developing cancer. Talk to your doctor about Screening Tests. It is possible to get testing sooner and be tested with more tests or different than others. Surgery or medicine could lower your risk of developing cancer. Making healthy decisions such as quitting smoking, drinking alcohol, regular exercise, and maintaining a healthy weight. What Hereditary Conditions Increase My Chances Of Getting Breast Cancer? Multiple hereditary conditions may increase your chance of developing cancer. Hereditary breast cancer and ovarian carcinoma (HBOC) are two of the most common. Lynch syndrome is also a common one. HBOC syndrome people are at greater risk of developing breast, ovarian, and high-grade prostate cancers. Lynch syndrome people are at higher risk of colorectal, cervical, and ovarian cancers. Learn More: Cancer Misdiagnosis For Common Cancer Types – What You Can Do Proving A Cancer Misdiagnosis Claim – Commonly Misdiagnosed Types Of Cancer Cancer Misdiagnosis Video Transcript Good afternoon. Bill Hinnant here, a physician and attorney on behalf of Lawmd.com. I appreciate you tuning in today; we’re here to try to answer your questions about medical and legal matters and provide good, reliable answers, as well as a source of information and service to you if we can benefit you in your healthcare journey. One of the worst things that can happen to you in today’s world is that you be a victim of medical negligence, that is, that you’re a victim of carelessness in the healthcare setting such that you’re damaged. Perhaps you lose function, have a long-term chronic condition, miss work, or maybe you’re not even able to work anymore, or of course, most critically, you want to remain alive. You don’t want to lose your life; you don’t want a family member to lose their life. I was asked a question about family history in cancer cases. Family history is critically important because many tumors are known to be related to genetic predisposition. Sometimes even at the chromosomal level, specific mutations in certain chromosomes correlate very closely to the possibility of an individual developing a particular type of cancer associated with those genetic abnormalities. Often these are screened for, and sometimes they’re not, but your family history, particularly in your first-degree relatives, which means your parents and siblings, is critical. Suppose you have a chronic disease or malignancy in your family with solid penetrance and significant frequency. In that case, it’s essential many times that you be screened before the disease occurs. Your doctor considers your history and obtains specific lab testing to determine if you may have this tumor. Many of you may be aware that in women, in particular, there’s a critical chromosomal marker for the presence of breast cancer. Suppose you’re a woman whose mother, grandmother, or sister had breast cancer. In that case, it’s crucial not only that you be appropriately treated if you’re ever diagnosed with that tumor but also that you be screened appropriately. So it’s vital that you provide your doctor with a good family history and that they then recognize when you’re at an age where you may be at risk for that particular disease, or age may have nothing to do with it. You may be at risk based on your chromosome or your genetic history. Again, if you have a strong family history, mention it to your doctor. If you do that and it’s playing on its face, and you aren’t appropriately screened, you may have an action at law, a lawsuit that could potentially be valuable to you. It’s bad enough to be diagnosed with any illness, particularly cancer, but it’s even worse when you weren’t treated appropriately or worked up properly to start. At LawMD, we’re aware of these particular clinical scenarios. We can help you analyze those situations and determine if you should have been screened appropriately and whether you may have been the victim of medical negligence. We hope that never hits you, that you’re never in that particular scenario, but if you are, please let us know if we can help. We’re certainly here to try. We appreciate you getting in touch with us. If we can be of service, remember, that’s Lawmd.com. Thank you.

How Can a Medical Device Failure Be Related to a Wrongful Death Claim? Recent advancements in medical technologies have led to a substantial increase in the number of patients reliant on medical devices. These high-tech implants, instruments, and tools can diagnose and treat a wide variety of conditions, often prolonging a patient’s lifespan and improving their quality of life. Unfortunately, when a medical device fails to perform its intended function or causes unexpected harm, the consequences can be severe and, in some cases, fatal. Despite the stringent regulations and quality control measures imposed by the FDA, recalls of dangerous medical devices that have injured or killed numerous patients still happen. The manufacturers of these devices are held to a high standard because of the risks involved if a failure occurs. If defects in the device’s design, manufacturing, or marketing resulted in an individual’s death, the medical device company and others may be liable for damages. Fatal medical device malfunctions can leave families grappling with the loss of a loved one and facing financial uncertainty. For families seeking justice and compensation, pursuing a wrongful death lawsuit can provide a path forward, although these cases can be complex and must be handled carefully. At LawMD, our lawyers have extensive knowledge of the healthcare system and its legal challenges because they are current or former medical professionals. This unique insight allows us to provide high-quality representation and compassionate guidance to our clients. How Can Defective Medical Devices Cause Patient Deaths? Due to the nature of their usage, medical device failures can have devastating consequences. Many devices are implanted to help patients when their own bodies are not functioning correctly. The potential for adverse outcomes is high if the device does not work as expected or results in unintended consequences, such as infection or tissue damage. Examples of defective devices that have caused fatal harm to individuals include: Surgical robots: While robots have been hailed for their precision in surgical settings, they have also been known to occasionally cause substantial injuries like electrical burns and organ damage. In some cases, patients have died during surgical procedures when these robots caused unintended harm to internal organs Cardiovascular devices: Implantable pacemakers and defibrillators are vital medical tools used to aid individuals with dangerous heart rhythm issues. However, certain devices have been linked to injury reports and alleged deaths Hip implants: Hip implants have faced substantial scrutiny in the last decade, with many recalls. Those made of metal have been particularly susceptible to issues. Some implants have caused severe complications for patients due to the release of toxic substances into the bloodstream, which may cause organ failure. Faulty implants can also lead to life-threatening infections and may necessitate dangerous revision surgeries that can prove fatal for some patients Devices used to treat brain aneurysms: Some have been recalled due to the risk of their delivery systems fracturing during stent placement, potentially leading to stroke and death Respiratory devices: Portable oxygen generators, continuous ventilators, and oximeters pose a significant risk to life when they malfunction. Some ventilators have been recalled due to the potential failure of their sound alarms, which could cause serious, life-threatening injuries Sleep apnea devices: Some sleep apnea machines were found to have components that degraded over time, causing users to breathe in chemical particles and potentially develop respiratory illnesses and cancer that could eventually prove fatal How Can a Wrongful Death Claim Help Grieving Families Seek Justice? Losing a loved one due to a faulty medical device is a shocking blow that can leave a family reeling. Although nothing can undo the immense pain and grief caused by this tragic incident, it may be possible to hold the liable parties accountable and ensure your family doesn’t face more undue hardship. Consulting with a wrongful death attorney experienced in medical device cases is a vital first step in determining your legal options. To file a wrongful death suit, an individual must have standing under state law. Each state has specific statutes governing who may engage in wrongful death litigation, but in many places, it is limited to close family members of the deceased individual who were financially impacted by their passing. For example, under Maryland Code § 3-904, the primary beneficiaries allowed to file a wrongful death suit include the deceased’s spouse, children, and parents. If none of these individuals are surviving, a secondary beneficiary such as a sibling, cousin, or other extended relative may be able to file if they were financially dependent on the deceased. Because it can be confusing to navigate state laws, it is critical to speak with a skilled attorney to determine if you have grounds to file a wrongful death claim. What Damages Can Be Sought in a Wrongful Death Lawsuit Involving a Faulty Medical Device? The pain felt by a family who has unexpectedly lost their loved one after a medical device failure cannot be quantified in a dollar amount. However, by pursuing wrongful death litigation, the family may be able to recover compensation from those responsible for the device’s failure. Potential defendants may include the device’s designer, manufacturer, distributor, retailer, or sales representatives. In some cases, quality testing laboratories and the doctors or hospitals that recommended, used, or installed the medical device may also be named in the suit. Medical devices and those involved in their manufacture are held to a high standard because the public trusts the safety of these products and relies on their efficacy. Wrongful death cases caused by faulty medical devices often lead to substantial settlement awards because they involve the ultimate harm – the loss of a life. Working with a legal team that understands how to accurately calculate and advocate for comprehensive damages is essential. A fair settlement amount aims to make the surviving family members financially “whole” and takes into account current and future losses, including: Pain and suffering experienced by the deceased before death Medical expenses incurred prior to the decedent’s passing Funeral and burial costs Lost income and future earnings of the decedent Loss of financial support Loss of companionship, comfort, and guidance Emotional distress of surviving family members Loss of care, attention, advice, and protection Why Trust Our Law Firm? Definitively linking an individual’s death to a malfunctioning medical device and identifying the parties responsible for the failure can be a challenging task. It requires a technical understanding of the devices and conditions involved, careful investigation of the case’s circumstances, and the ability to build a comprehensive, persuasive claim. At LawMD, our physician attorneys can leverage their experience in the medical and legal fields to help your family seek justice. We provide dedicated and compassionate legal representation to help you reach the best possible outcome for your claim. If you believe a defective medical device played a role in your loved one’s passing, contact our firm today at 833-MY-LAW-MD ( 833-695-2963) to speak to a skilled attorney who can evaluate your case.

How Does Improper Prenatal Care Put Expectant Mothers and Babies at Risk? Adequate prenatal care is crucial in preventing birth injuries as it allows healthcare providers to monitor the health of both the mother and developing fetus throughout pregnancy. Regular check-ups, screenings, and tests enable early detection of potential complications such as gestational diabetes, preeclampsia, fetal growth restrictions, and other issues that could lead to birth injuries if left unaddressed. Proper prenatal care also includes educating expectant mothers on nutrition guidelines, lifestyle factors, and warning signs to watch for. This vital information empowers women to make informed decisions and seek timely medical attention when needed. By carefully tracking fetal development, managing maternal health conditions, and preparing for potential delivery complications, comprehensive prenatal care significantly reduces the risk of birth injuries and improves outcomes for both mother and child. Healthcare providers have a professional and ethical responsibility to deliver prenatal care that meets the accepted standard within the medical community. When providers fail to meet this standard – whether through negligence, errors in judgment, or omissions in care – they put their patients at unnecessary risk of birth injuries that could have been prevented with proper attention and intervention. In such cases, holding providers accountable through medical malpractice claims serves not only to compensate affected families but also to maintain high standards of care within the medical profession and prevent similar lapses in the future. At LawMD, we deeply understand the potential consequences of incorrect prenatal care because our lawyers are also trained medical professionals. We have seen first-hand the effects preventable birth injuries can have on children and their families, and we take pride in utilizing our unique combination of medical expertise and legal knowledge to advocate for our clients’ rights. What Types of Birth Injuries May Result From Substandard Prenatal Care? Although no delivery is ever risk-free, proper care and testing of the mother in the months and weeks prior to birth are essential for creating the best possible conditions for the labor and delivery process. Thorough prenatal evaluations can help the mother’s medical team anticipate and prepare for potential complications that could arise during and after delivery. Unfortunately, inadequate care of expectant mothers can lead to a myriad of birth injuries including, but not limited to: Cerebral palsy: Cerebral palsy can occur when the developing fetus’s brain is deprived of oxygen, often due to undiagnosed or mismanaged conditions such as umbilical cord prolapse, breech presentation, or maternal infections Brachial plexus injuries: While brachial plexus injuries, such as Erb’s Palsy, often occur during delivery, they can sometimes be traced back to inadequate prenatal assessment and planning, such as failure to accurately estimate fetal size or identify risk factors for shoulder dystocia Hypoxic-ischemic encephalopathy (HIE): HIE occurs when an infant’s brain doesn’t receive enough oxygen and blood while in the womb or during birth. It can result from undiagnosed preeclampsia, placental abnormalities, or umbilical cord complications that should have been identified during prenatal care Wrongful death: In the worst-case scenario, preventable birth injuries can result in fatalities How Can a Mother’s Health Be Impacted By the Prenatal Care She Receives? The baby is not the only individual who may be harmed by negligent prenatal care. If an expectant mother is not provided proper treatment throughout her pregnancy, labor, and delivery, she may face serious maternal complications that could endanger her own well-being as well as her child’s. Lack of proper monitoring and risk assessment during pregnancy can increase the risk of severe and even life-threatening issues, including: Vaginal tears Ruptured uterus Postpartum hemorrhage Preeclampsia complications Placental abruption Infections Gestational diabetes complications What Compensation May Be Awarded If the Incorrect Prenatal Care is Deemed to Be Medical Malpractice? From a legal perspective, lapses in prenatal care may be considered medical malpractice when they fall below the accepted standard of care and result in harm to the mother or child. This standard is typically defined as the level of care that a reasonably competent healthcare provider with similar training and experience would provide under similar circumstances. For prenatal care, examples of potential malpractice could include failure to order appropriate tests, misinterpretation of test results, failure to diagnose and treat maternal conditions that could affect the fetus, and inadequate monitoring of fetal development. It’s important to note that not every adverse birth outcome is the result of malpractice. However, legal action may be warranted when clear deviations from the standard of care occur and lead to harm. Medical malpractice cases for serious birth injuries may result in multi-million dollar verdicts or settlements to account for the lifelong impacts, but the specific damages recoverable will depend on the nature and severity of the birth injury. Compensation may include: Current and future medical expenses stemming from the injury Costs of ongoing care and therapy, including in-home care, if needed Expenses for specialized education or accommodations Damages for pain and suffering Lost wages may also be awarded if one or both parents must leave work to care for the child. In cases of severe birth injuries leading to disability, damages may also account for the child’s reduced quality of life and lost earning potential. If the healthcare provider is found to have acted in a grossly negligent manner, additional punitive damages may be awarded by the court to punish and discourage this type of behavior. How Can D.C.’s Statute of Limitations Affect a Birth Injury Claim? Washington, D.C. imposes a strict statute of limitations on medical malpractice claims involving birth injuries. Generally, medical malpractice claims in D.C. must be filed within three years from the date the injury was discovered or reasonably should have been discovered. However, for birth injury cases, there’s an important exception. Because some birth injuries may not be immediately apparent or may have long-term consequences that only become clear as the child develops, claims brought by the injured child may be filed up until their 21st birthday. Other rare circumstances may also impact the filing timeline, so it is essential to consult a knowledgeable birth injury lawyer as soon as possible to protect your legal rights to recover damages. Why Consult Our Firm? Birth injury litigation arising from improper prenatal care sits at the intersection of medicine and law, requiring a nuanced understanding of both fields to reach the best possible outcome. At LawMD, our physician lawyers are uniquely positioned to provide legal guidance and representation to victims of birth injuries. By leveraging our experience in trial law and various medical specialties, including OB/GYN surgery, neonatology, and pediatrics, we fiercely advocate for our clients’ interests and help them seek justice for the pain and loss they have experienced. To discuss your case with a skilled, compassionate attorney, contact our firm at 833-MY-LAW-MD ( 833-695-2963) to schedule your free consultation.

What is a Wrongful Death Case? Wrongful death claims are lawsuits filed by surviving family members or personal representatives on behalf of loved ones after their lives have been taken by the actions or inactions of reckless, negligent, careless, or malicious entities. A wrongful death claim can be filed in cases where the victim was intentionally killed, or their life was claimed due to negligence, such as medical malpractice. Under Washington DC law, there are four elements that must be present in a successful wrongful death claim. These include the following: The personal representative or surviving family member of the deceased must show that the careless, reckless, or negligent acts of the defendant are the direct cause of death The legal representative or surviving family member must also show that the defendant owed the decedent a certain duty of care. If there was a legal doctor-patient relationship, then the medical professional should have owed a certain standard of care to their patient Your wrongful death lawsuit must establish that there was not an underlying reason for the tragic death of your loved one and that the death was a direct result of the defendant’s actions or inactions The death of the victim must have generated damages, such as medical bills, hospitalization expenses, lost wages, lost future income, pain and suffering, and funeral costs At LawMD,we have the distinction that our attorneys are also physicians, who bring their medical and legal knowledge together in managing your case. A death associated with an anesthesia error often must be reviewed by doctors of two distinct specialties, an anesthesiologist and a pathologist. LawMD has doctors of each of these specialties on our legal team. Our board-certified anesthesiologist can review the records in your case to identify any breaches of the standard of care in applying or monitoring the anesthesia, and our board-certified pathologist can review the medical records to help prove that the breach substantially caused the death. Who better to complete the initial legal review of your case than doctors who practice medicine in the areas critical to its success? Our team of  medical malpractice attorney/physicians are uniquely qualified to assist in your wrongful death claim when anesthesiology errors are suspected. Who is Eligible to File a Wrongful Death Claim in Washington, DC? Not everyone is eligible to file a wrongful death claim in Washington, DC. Under the law, you must either be a surviving family member or the decedent’s legal representative who has suffered damages due to the victim’s passing. Essentially, you must have had a close personal relationship with the deceased if you wish to file a wrongful death claim. Common examples of parties eligible to file wrongful death claims include the following: A domestic partner of the deceased A surviving spouse Children of the decedent Dependent parents Minor children living with the deceased, including adoptive children The personal representative of the decedent’s estate We encourage you to contact our law firm for legal guidance to ensure that you are eligible to file a wrongful death claim. We would be proud to represent your interests as you pursue justice and compensation in your wrongful death case. What Are the Different Types of Anesthesia? Four different types of anesthesia are used to prevent the patient from sending and receiving pain signals during a medical operation. Local anesthesia does not render the patient unconscious. It merely numbs a small part of the body where the surgery will be taking place. This type of anesthesia is generally used in skin biopsies, cataract surgeries, and dental procedures. Regional anesthesia blocks pain in an entire body region, such as below the chest during childbirth. The patient will remain conscious during regional anesthesia but will remain pain-free during the procedure. Sedation, also sometimes referred to as twilight sleep, does not actually put a patient to sleep. Instead, it puts them in a very relaxed state where they can later be awakened by doctors if they need to communicate with them during the procedure. This is usually combined with local anesthesia and may be utilized in some colonoscopies, oral surgeries, and cardiac catheterizations. General anesthesia makes the Patient fully unconscious. During this time, they will feel no pain anywhere in their body. This is usually administered for surgeries that require the patient to be completely still, such as open-heart surgery. What Anesthesia Mistakes Sometimes Lead to Death? Errors in anesthesia can occur in a variety of ways, often with serious consequences, including the potential for death. Common examples of anesthesia errors that could result in deaths in the operating room include the following: Contaminated or defective equipment Failing to properly research a patient’s medical history and understand their allergies Failure to avoid harmful drug interactions Failure to monitor a patient’s vital signs during a procedure Failure to properly communicate preoperative requirements with the surgical team Incorrect dosing, such as using too much anesthesia Intubation errors Misuse of spinal anesthetics Our board-certified Anesthesiologist/Attorney will be happy to discuss your case and help you get the best possible outcome. When is an Anesthesia Error Considered Medical Malpractice? Medical negligence claims fall under the umbrella of personal injury tort claims. To file a personal injury claim, the plaintiff must prove that the defendant had a duty of care to the plaintiff, that the defendant failed in that duty, and that the defendant’s failure was the direct cause of the harm to the plaintiff. This applies to wrongful death claims as well, except for the fact that someone is filing the claim on behalf of the deceased. For medical professionals, the duty of care relates to the standards of care that any responsible doctor, dentist, surgeon, nurse, or other type of medical physician with similar training and experience would provide under similar circumstances. When medical professionals fail to meet those standards of care and a death occurs, they may be held liable for medical malpractice. Who May Be Held Liable for Anesthesia Errors? For family members who’ve lost a loved one due to anesthesia errors, it becomes necessary to find out who can be held responsible for a wrongful death claim. Liability will vary depending on the unique facts of the case. Depending on those facts, surviving family members and personal representatives may potentially take legal action against the following: Dentists and oral surgeons Hospitals, physician groups, and medical practices that employed negligent providers Negligent anesthesiologists Plastic or cosmetic surgeons The manufacturers of defective equipment or drugs used in the administration of anesthesia And any medical professional who negligently uses anesthesia in a medical procedure How to Pursue Compensation? You and your attorneys must prove several factors to win a medical malpractice claim or a wrongful death lawsuit. If these factors can be properly established in your claim, it is possible to recover compensation for economic and non-economic damages. Financial compensation may include the following: Funeral, memorial, and burial expenses Loss of companionship or consortium Loss of guidance or guardianship Lost benefits and lost future income Lost wages Pain and suffering The cost of medical care before death How Can Medical Malpractice Attorneys Help You Through Wrongful Death Litigation? The loss of a loved one is a difficult and often traumatizing experience, and going through the legal process while in a state of grief is often too much to ask of anyone. That is why it is recommended that you have an experienced wrongful death attorney by your side throughout the legal proceedings. Our attorney/physicians have made medical malpractice cases the core focus of our legal practice, extending to wrongful death cases in hospitals or medical settings. We have a thorough understanding of the legal process, filing deadlines, and laws pertaining to Washington DC wrongful death cases, which can reduce the stress on your shoulders and help you succeed with your case. Wrongful death cases can be complicated and expensive at times. A knowledgeable medical malpractice attorney can help lift the burden, allowing you and your family the time to grieve instead of worrying about complex legal matters. With the help of our wrongful death lawyers, we can help streamline the process, saving you time and money. If necessary, we will take your wrongful death claim to trial and begin the litigation process. Our lawyers have years of experience in the courtroom setting and would be proud to represent your interests before a judge. Schedule a Free Consultation with Experienced Medical Malpractice Lawyers Today Enjoin the help of the physician-attorneys at LawMD. Our legal team has extensive experience representing clients in complex medical malpractice and wrongful death cases, including those involving anesthesia errors. To learn more about our legal services, please contact our Washington, DC, law firm to schedule your free initial consultation today. Please contact our Washington, DC, law office to schedule your free, no-obligation case evaluation today. You can get in touch with us by calling us at 833-695-2963.

What is Cerebral Palsy? Cerebral palsy is a common disability that affects motor development and functioning in many childhoods. Cerebral palsy is a neuromuscular condition that causes several different types of symptoms, including spastic muscles, poor muscle coordination, poor balance, poor posture, and difficulty with fine motor skills. The symptoms and resulting complications of cerebral palsy can vary from mild to serious in nature. At LawMD, our lawyers are doctors too! This means we understand cerebral palsy not only as trial attorneys but also as physicians who have decades of clinical experience in every aspect of the birthing process, diagnosing and treating harms to the baby caused by mistakes during labor and delivery, and providing for the long-term care of affected babies throughout their childhood into adulthood. The four different types of cerebral palsy include the following: Ataxic cerebral palsy (poor coordination and balance) Dyskinetic cerebral palsy (uncontrollable movements) Spastic cerebral palsy (muscle stiffness) Mixed cerebral palsy, which is a mix of any of the other three types of cerebral palsy A diagnosis of cerebral palsy affects each and every patient differently. While some may only suffer from slight dysfunction, others may suffer from extreme motor dysfunction and be forced to rely upon mobility aids. Other common symptoms seen in those suffering from cerebral palsy include speech impediments, vision or hearing impairment, seizures, joint problems, and intellectual disabilities. What Are the Different Causes of Cerebral Palsy? When trying cerebral palsy cases, a birth injury lawyer looks for a link between the medical professional’s actions or inactions and the resulting disability of the victim. Common causes include the following: An improper response to fetal distress Delays in the delivery of the baby Failure or refusal to perform a C-section Failure to diagnose a fetal or maternal infection Failure to observe or recognize an umbilical cord prolapse Inadequately or improperly using forceps or vacuum extractors Not identifying a breech presentation Cerebral palsy can also sometimes occur after birth. An interruption of oxygen to the brain, which can occur before, during, or after birth, can result in cerebral palsy. Bleeding in the brain can cause a hematoma, which can result in brain damage and cerebral palsy. Delayed resuscitation, which can happen directly after birth, could result in brain damage. High levels of bilirubin, which can result when babies are discharged from the hospital too early, can lead to cerebral palsy. Other common causes of cerebral palsy include maternal infections, premature births, severe jaundice, insufficient blood flow to the brain, congenital brain abnormalities, and birth trauma. What is Medical Malpractice? Newborn children often develop cerebral palsy during birth. This occurs typically due to factors that trigger brain damage, such as lack of oxygen in the brain, premature delivery, infections, and more. Babies can also be diagnosed with cerebral palsy due to medical negligence or recklessness. When doctors and their health care staff fail to provide adequate standards of care during pregnancy or delivery, the results could be cerebral palsy. Medical malpractice involves the direct actions (or inactions) of healthcare providers that could cause catastrophic injuries, including birth injuries and cerebral palsy. Medical malpractice that ultimately results in cerebral palsy can have devastating and life-altering effects for both the newborn child and its family. To file a medical malpractice lawsuit, you and your attorneys must establish that the injury occurred before, during, or immediately after birth, directly contributing to your child’s diagnosis and condition. You must show that the birth injury could have been prevented with standard levels of care. Finally, you must prove that medical professionals were responsible for the injury and disability. What is the Role of Medical Negligence in Cerebral Palsy Cases? When a doctor, surgeon, or other medical provider mismanages the labor and delivery process, it could potentially result in brain injuries and the development of cerebral palsy. During labor, doctors and nurses must monitor vital signs to keep an eye out for babies in fetal distress. Failing to respond in a timely manner to signs of fetal distress could result in tissue damage or oxygen deprivation. When fetal distress does occur, there are many options that a physician may turn to remedy the situation. In some cases, an emergency C-section may be required. If the healthcare provider does not perform a C-section when the operation is required, it could result in brain damage. Chickenpox, CMV, rubella, and bacterial infections of the placenta have all been linked to cerebral palsy. If the mother has an infection during pregnancy, it could significantly impact the developing fetus. Doctors are expected to monitor and treat infections. During delivery, doctors are expected to use various types of medical tools to get the baby out safely, including vacuum extractors and forceps. Misuse of any of these medical tools could result in severe damage to the baby. How to Prove Medical Malpractice Played a Part in Cases of Cerebral Palsy? To prove medical negligence or malpractice in a lawsuit, you must provide evidence that your doctor or other health care practitioners fell short of the accepted standards of care and that, as a result, this injured the developing brain of your newborn child. The necessary elements for proving medical malpractice claims include showing that a doctor-patient relationship existed, establishing that the health care provider administered substandard care, stating that this negligence caused or contributed to an injury, and stating that the families suffered compensable losses as a result. When seeking to prove a medical malpractice case, it is highly recommended that you work with attorneys experienced in this practice area. Our Washington, DC, law firm has decades of experience representing clients in medical malpractice cases, and we would be proud to represent your interests as you pursue a satisfactory outcome to your legal matters. What Are Potential Damages Available for a Cerebral Palsy Claim? With a successful medical malpractice lawsuit, it is possible to recover economic and non-economic damages in an effort to make you and your family financially ‘whole’ again. Recoverable damages potentially include the following: Attorney legal fees Home and vehicle modifications for a disability Lost quality or enjoyment of life Medical bills related to permanent disability or cognitive impairment Medical devices, including mobility aids Mental health counseling Pain and suffering Parental lost wages and lost income earning capacity Past and future medical expenses Physical therapy, speech therapy, and occupational therapy expenses Prescription medications Special education expenses Contact Us to Request a Free Case Evaluation Today If you have a loved one who has a cerebral palsy diagnosis and you believe that medical negligence was the cause of this disability, please contact our law firm to discuss your case in more detail. At Law MD, our lawyers are doctors, too. Our birth injury team is comprised of a neonatologist, a pediatrician, and an OB-GYN surgeon, who bring their expertise in the medical field to their work as LawMD attorneys working on your behalf. To learn more about our legal services, please contact us at 833-695-2963 to request a free consultation today.

In the digital age, social media platforms like Facebook, Instagram, and X (formerly Twitter) have become integral parts of our lives. While these platforms allow us to share our lives with others, they can also impact legal proceedings, particularly personal injury claims. This article explores how your social media posts can influence the outcome of your personal injury claim. The Role of Social Media in Personal Injury Claims When you file a personal injury claim, the opposing party’s insurance company or legal team will investigate to minimize their liability. They aim to find evidence that contradicts your claim about the severity of your injuries or the circumstances of the accident. Here, your social media posts can become a goldmine of information for them. Revealing Physical Activities One of the most common issues caused by social media in personal injury claims is giving the insurance company evidence that your injury may not be severe or you are not taking steps to recover properly. If you claim severe physical injuries but you or others post pictures of you hiking or dancing, it undermines your claim. Even a simple picture of you carrying groceries can suggest you’re not as injured as you have stated and your injury is not impacting your life to the extent claimed. Credibility and Damage Mitigation Courts and insurance companies assess a claimant’s credibility. Inconsistencies between claimed injuries and observed activities raise doubts, and social media posts are admissible evidence. If you claim severe back pain but post a picture lifting weights, for example, it contradicts your claim. Defendants may argue that you failed to mitigate damages to your back by engaging in strenuous activities. If you engage in generally harmful behaviors to your health and advertise it online, like drinking alcohol or smoking, these habits may give opposing legal counsel reason to question whether you’re doing your best to recover from your injury. Indicating Mental State Personal injury claims often include compensation for emotional distress. However, if your social media posts show you enjoying life, traveling easily, and attending social activities, it could be argued that your emotional distress is not as severe as you claim. Even simple life updates on typical milestones like job promotions, graduations, and other things that feel like an obligation to post about should be carefully considered. Personal injury claims often factor in the significant impact an injury has had on a person’s life, and demonstrating your accomplishment of life milestones can be detrimental to this argument. Providing Accident Details Sometimes, people post about their accidents on social media. These posts and comments on them can sometimes inadvertently provide information that contradicts your official statement, damaging your claim. Avoid discussing any details of the accident online. Protecting Your Claim Now that you understand the potential impact of social media on your personal injury claim, you should take proactive steps to protect yourself online. Conduct an audit of your online accounts and search for yourself online to get a sense of how your online presence is visible to others. Keep in mind that lawyers are professionals in finding evidence, and both sides will be seeking what best supports their side of the argument. If you’ve been posting online for years, it may be second nature to share your life updates online. However, whether you change those habits now can make or break your case. Limit Your Social Media Activity Consider limiting your social media activity while your claim is ongoing. Remember, anything you post can potentially be used against you. You may elect to deactivate your account temporarily or even delete old accounts that are no longer in use instead of taking the time to review your post history in detail. Ensure your accounts and posts are set to the highest privacy settings, and review your past posts for questionable content. However, keep in mind that legal teams can potentially access this information through discovery or subpoenas. Ask your attorney if you have questions about how an existing post could affect your case. Don’t Discuss Your Claim Avoid discussing your accident or injuries on social media. Even seemingly innocent or vague statements can be taken out of context and used against you. Instead, privately message family and friends to share life updates rather than posting them publicly. Before you share anything online, consider the need for what you’re going to post, as it’s often better to remain silent. Remember that your friends and family can contact you directly to check in, and this is the wisest way to communicate while you are pursuing a personal injury claim. Reach out with a phone call or visit loved ones in person if you are feeling disconnected instead of posting. Seek Legal Guidance Before Posting Social media has changed the way we live and share our lives. However, when it comes to personal injury claims, it’s essential to be aware of the potential implications of your posts. People beyond your friends list and followers can sometimes view what you post online, and courts can obtain information on what you’ve posted even if your account has privacy settings enabled. Consult LawMD About Your Personal Injury Claim By being mindful of what you share and taking steps to protect your privacy, you can prevent your social media activity from negatively impacting your claim. Remember, when in doubt, it’s best to consult with your attorney about what is safe to post. If you need legal support regarding your personal injury claim, reach out to LawMD today. Call us at (844) 735-1024 to schedule a consultation.