Birth Injury and Medical Malpractice
A birth injury isn’t a bruise or cut. One in every 33 babies is born with a birth defect. Millions of people experience complications due to giving birth, including death.
Doctors have procedures in place for preventing birth injuries, yet many babies and pregnant parents get injured. If you experience a birth injury, you shouldn’t take it lying down. You should consider a medical negligence lawsuit.
But what types of injuries can lead to birth injury negligence lawsuits? Can you file a suit if you get injured before or after you give birth? What proof do you need for your birth injury claim?
Answer these questions and you can get the money you need to provide for yourself and your child. Here is your quick guide.
Injury to the Child
When people think of a birth injury, they often think about injuries to the child during the delivery. A child can experience numerous injuries that can lead to a malpractice claim.
Doctors may use forceps or a vacuum to extract the baby from the womb. If they apply too much pressure, they may break a bone or cause soft tissue damage. These wounds can heal, but you can claim money if you had to pay for medical treatment for your child.
Pressure on the baby’s face can damage nerves in the face. They may develop facial paralysis, making it hard for them to cry or emote with their face.
Serious injuries include brain injuries. Your doctor may rush the delivery process, causing your baby to be born prematurely and leading to a brain injury. If your child is stuck in the birth canal, they may not have enough oxygen, hurting their brain.
You can claim compensation for injuries sustained while your child is in the womb or after they are born. If a doctor fails to monitor your baby’s heartbeat or breathing and your child experiences problems, you may have a birth injury negligence claim.
The key is that you connect your doctor’s actions to your baby’s medical problems. You need to collect documents related to your case. You may need to talk to experts who can describe your child’s injuries and acknowledge the connections to the defendant.
Injury to the Pregnant Parent
You can also file a claim if the pregnant parent was injured. As with claims for your child, you can start a negligence case for an injury before, during, or after delivery.
While the parent is pregnant, their doctor should monitor them for signs of problems. Diabetes, high blood pressure, and infections can threaten the parent’s life or cause a difficult pregnancy.
Pregnancy can affect a personal injury claim significantly. You can file a claim if you get into an accident and experience a miscarriage. The claim can be directed at the driver who caused the accident or the doctor who failed to save your pregnancy.
Bleeding is common during the delivery process. But doctors should monitor the parent’s heart and control the bleeding. They should also avoid gestures that will result in excessive bleeding, like making a C-section when it is not necessary.
After the delivery is done, nurses should stay with the parent and monitor their vital signs. Some people experience uterine ruptures or vaginal tears that can be painful. Nurses should step in and address these complications before they get worse.
You can sue the doctor for emotional injuries. Delivering a child can be stressful and traumatic, especially if the doctor makes repeated mistakes.
However, it can be hard to claim money for pain and suffering. You need to describe how the doctor’s mistakes impacted your life. You may have missed work due to your trauma, or you may need psychological therapy.
Wrongful Birth
A wrongful birth occurs when parents have a child they would not have had otherwise. The parents may intend to abort a child that will have an impairment like spina bifida or Down syndrome.
However, their doctor may fail to conduct noninvasive prenatal testing so the parents don’t know about potential defects. They may not run ultrasound tests, failing to spot deformities as they develop.
You can claim damages based on the expenses you pay for your child, including specialized schooling. You can also claim money for the emotional stress of raising your child with a disability.
Florida does not permit wrongful birth lawsuits for healthy children, even if you do not want your child. You are only allowed to file a lawsuit if the child is born unhealthy or if the doctor injures them.
Wrongful Pregnancy
Wrongful pregnancy occurs when a doctor fails to help a parent attempt to avoid or end a pregnancy. A parent may receive contraception or request an abortion from a doctor. If they become pregnant anyway, they may be able to pursue a wrongful pregnancy lawsuit.
You have a stronger case if you can prove you were injured due to the wrongful pregnancy. Since you were pregnant, you may have experienced physical pain and emotional suffering. You may have spent money on treatments you would not have received otherwise, or you may have lost wages.
It is harder to file a claim if you or your child were not injured. You may be able to prove medical negligence if the doctor botched an easy procedure. You can also claim money if the doctor injured you during the procedure to end your pregnancy.
The Essentials of a Birth Injury Lawsuit
A birth injury can mean several things. An injury to your child can occur during any part of the delivery process. Your child may experience problems before or after birth, which can lead to a lawsuit.
You can file a lawsuit if you get injured, especially if your doctor neglected an important procedure. It is harder to file a successful wrongful birth or wrongful pregnancy case. But if you can find evidence of neglect and monetary losses, you can file a lawsuit.
Find a lawyer experienced with birth injury cases. RHINO Lawyers serves Florida parents. Contact us today.
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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How Hurricane Season Affects Auto Accidents In Florida?
Every Floridian knows that for six months of the year, there’s a real chance of facing a hurricane.
The hurricane season in Florida officially lasts from June 1 to November 30, and every part of the state has been affected at some point. The carnage they leave behind makes for some treacherous driving conditions. You guessed it – auto accidents follow.
On average, there are almost 6 million vehicle crashes in the US each year, and 21% are weather-related. Let’s take a look at why the Florida hurricane season makes driving so dangerous and what you can do to protect yourself.
Why Hurricanes Make Driving So Dangerous
Digging a little deeper into the ten-year statistics shows why driving during or around the time of a hurricane is such a bad idea. Hurricanes bring torrential rain. Wet pavement is responsible for 70% of all weather-related crashes.
Of course, you’re also vulnerable to flying debris, falling trees, and ridiculously strong winds. But your biggest danger is the wet roads and floodwaters.
Hurricanes can cause people to get trapped in vehicles that then get submerged in floodwaters. In the recent hurricane Ian, at least two deaths were the result of hurricane auto accidents.
The simple message is this: do not drive during a hurricane.
When Is It Safe to Drive After a Hurricane?
Don’t use your own judgment to decide when it’s safe to drive after a hurricane. Listen to the local news on TV or radio to get up-to-date reports on the current status of the storm. Even the weakest hurricanes produce winds of 74-95 mph that can snap branches, fall trees, and send roof shingles flying.
Avoiding Car Accidents After a Hurricane
First, check your vehicle. Unless your car was parked in a garage that survived the hurricane unscathed, there’s a high possibility you’ll have some vehicle damage. If you see any signs of damage, call your insurance company.
Be sure to take lots of photos of the car and the surrounding area. This may help the insurance company to process your claim.
Was your vehicle submerged during the storm? Never start the engine. This can cause serious damage that will be costly to repair.
Prepare Your Car and Yourself for Travel
Your chances of getting a flat tire are much higher after a hurricane. Make sure that you have an emergency repair kit with you. If you’re not confident in using it, stay home until conditions improve.
Also, prepare your mind for what you’re about to experience. There may be pedestrians on the road, trying to assess the damage. They may be dazed and not as aware of their surroundings as they normally would be.
Remember that everyone on the road will be a little traumatized. So be prepared to be courteous and ready for some erratic driving. Give people a little extra time and patience at intersections.
Safe Driving After a Hurricane
If you do decide it’s safe to venture out, take it slowly and test your brakes. Wet brakes can be slower to respond.
Remember that debris on the roads can cause punctures. Follow the rules of the road and expect the unexpected.
If you come across fallen trees, do not drive under them. They can suddenly collapse on your car. They may also conceal power lines that can swing down and cause devastation.
Also, don’t risk driving on flooded roads. If there’s standing water on the road, choose an alternative route.
What to Do if You’ve Had a Hurricane Auto Accident
If you find yourself in a hurricane-related car accident, don’t panic. First, stop and get yourself to a place of safety. Check everyone for injuries and call 911 if needed.
In Florida, almost every accident must be reported to the police. They’ll give you an accident report, which you will need to file a claim. Take down details of all other parties involved and take photos of the scene.
Talk to your insurance company as soon after the accident as possible.
Seek Medical Attention
For qualifying Florida PIP medical benefits, initial medical services and care generally must be received within 14 days after the motor-vehicle accident.
PIP generally provides up to $10,000 in combined medical and disability benefits. Covered medical expenses are generally reimbursed at 80%. If an authorized provider determines that the injured person had an emergency medical condition, qualifying medical reimbursement may be available up to the applicable $10,000 PIP limit. Without an emergency medical condition, qualifying medical reimbursement is generally limited to $2,500.
The 14-day requirement concerns PIP medical benefits and does not create a 14-day deadline for every claim arising from the accident.
How an Auto Accident Attorney Can Help
Once you’ve started to receive treatment for your injuries, it’s time to turn to an auto accident attorney. They can help you to file a civil claim, targeting the at-fault driver’s insurance company.
Without representation, you may not achieve the highest level of compensation. You can claim compensation for:
- Medical expenses – present and future
- Expenses related to ongoing disabilities
- Lost wages
- Damage/destruction of property
- Pain and suffering
The Florida hurricane season can have a long-lasting impact on your life and ability to provide for your family. If you’ve been injured and it wasn’t your fault, you’ve got a right to battle for the compensation you deserve. Let an auto accident attorney represent you and handle the stress for you.
You concentrate on recovering while your attorney focuses on getting you the best possible settlement.
Trust Rhino Lawyers this Hurricane Season in Florida
The hurricane season in Florida can bring a lot of pain and suffering. If you’re suffering from an auto accident injury on top of everything else, make sure that you get the compensation you deserve.
At RHINO Lawyers, you’ll work directly with an attorney, not a caseworker. We’ll work tirelessly to increase your settlement by reducing your medical bills. Plus, if we don’t win, you won’t have to pay us a penny.
Call us at 844.RHINO.77 or reach out online to request a free case evaluation today!
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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Can You File a Lawsuit for an Airbnb Injury?
In recent years, vacation rentals have seen a surge in the number of people injured, including Airbnbs. While some of these accidents are due to user error, many results from negligent property owners or managers.
If you’ve been injured at an Airbnb rental, you may wonder if you have a case. Filing an Airbnb lawsuit depends on several factors, including the severity of your injuries and the circumstances surrounding the accident. To help you determine whether or not you have a case, here is a list of things you need to know about filing an Airbnb lawsuit.
What to Do if You Have an Airbnb Injury
When staying in an Airbnb rental and you’re injured, you should seek medical attention immediately. The sooner doctors can diagnose and treat your injuries, the better they will be able to help you recover from them.
Some injuries require immediate medical attention, such as broken bones or concussions. You can treat others at home with basic first aid supplies like ice packs and pain relievers. However, all injuries need a doctor’s evaluation. Before they can appropriately diagnose and treat the injury.
Furthermore, it would be best if you document your accident as soon as possible after it happens. You want to ensure that you don’t forget details or leave anything out of your story later. This is vital when it comes time to file a lawsuit against the property owner.
Was The Accident Due to Negligence?
If you’re injured while staying at an Airbnb rental, you might have a case if the accident was due to negligence by the property owner or manager.
You would need to prove this to have a legitimate Airbnb lawsuit. For this to happen, there must be evidence of failure to provide reasonable care for their guests.
For example, if you’re injured in a slip and fall accident, and there is proof that the property owner knew about the hazard but did nothing to fix it, you may have grounds for a lawsuit. Similarly, suppose another guest attacked you. You will need to show that the property owner failed to take reasonable security precautions. In that case, you may also have grounds for a lawsuit.
Another example is if the owner of the rental neglected safety instructions given by local authorities. For instance, failing to warn guests about a nearby construction site could have a case.
Proving That Your Injuries Were From The Accident
To win an Airbnb lawsuit, you must prove that your injuries were caused by accident. This means that you will need medical documentation detailing your injuries. Plus, any bills or expenses related to your treatment. If you don’t have this documentation, it will be challenging to prove an accident caused your injuries and win your case.
Recovering Damages If You Win Your Personal Injury Case
If you are successful in winning your Airbnb lawsuit, you may be able to recover damages for your injuries. The amount of damages awarded will depend on the severity of your injuries and other factors related to your case.
For starters, your medical cost is one of the factors that will determine the amount awarded in an Airbnb lawsuit. This will be reflected if you have paid or are paying out-of-pocket for any medical treatment related to your injuries. They may reimburse you for future expenses. As long as, they determine that you will need ongoing care. Typically, due to permanent injury or disability due to your accident.
Another factor that impacts your lawsuit amount is wage loss. You may receive compensation for lost wages if you have missed work due to your accident. Suppose you were unable to work because of an Airbnb injury. In this case, the court or jury will consider this when determining the amount of damages awarded after trial proceedings are complete.
In most cases, the Airbnb host will have protection insurance that covers them from personal injury claims. So if you file a lawsuit against them and it’s viable, you can receive compensation.
Seeking a Personal Injury Lawyer for an Airbnb Lawsuit
If you have sustained an Airbnb injury, you must seek out legal advice as soon as possible. A personal injury lawyer can help you receive compensation, and they can also assist you in filing an Airbnb lawsuit.
You want to seek out referrals from friends and family members. One of the best ways to find a great personal injury lawyer is by asking people who have worked with them in the past. If you know someone who has experienced an Airbnb lawsuit before, ask them about their experience with their attorney. If they had a good experience with their lawyer, it might be worth asking them for a referral.
Next, look online for reviews of local attorneys. Lawfirms like RHINO Lawyers are high-quality lawyers with many positive comments about the performance of their attorneys. You want to ensure that the lawyer you choose has experience winning Airbnb lawsuits.
Trust Us To Help You With Your Airbnb Lawsuit!
If you have an injury from an accident at an Airbnb rental, it’s essential to get appropriate legal advice as soon as possible. You deserve an experienced personal injury attorney that can help investigate your case. As well as, determine whether or not you have a valid Airbnb lawsuit.
Let us help you through every step of the legal process with our dedicated team of lawyers who will fight for the compensation you deserve. Contact us today for a free consultation!
CONTACT A TAMPA Personal Injury ATTORNEY
In short, after an accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
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What Are the Different Types of Surgical Errors?
Every year, 40 to 50 million surgeries are performed in the United States. While the majority of cases go well, 5-15% will be readmitted to the hospital within 30 days. 1-4% of patients will lose their lives.
Surgery is something that many of us will have to face at some point in our lives. But medical negligence is something that none of us should experience. Surgical errors can lead to pain, suffering, and even permanent disability and death.
Let’s explore the most common types of surgical errors and what you should do if you’ve been a victim.
What Are Surgical Errors?
Surgical errors are mistakes made by the surgeon during a procedure due to negligence. This surgical negligence can cause:
- Harm
- Pain
- Medical condition to get worse
- Death
Not all surgeries go according to plan. There is always an element of risk. Patients must give their informed consent before going in for surgery, showing that they accept this risk.
Problems during surgery do not automatically mean that medical negligence has occurred. Surgeons and other medical professionals have a responsibility to do all they can to give their patients the best possible care. They must follow their training and use accepted protocols to provide the highest level of care.
To have a case for surgical negligence, the surgeon must have provided sub-standard care. The errors they have made must amount to medical malpractice.
Types of Surgical Errors
Each surgical error case is unique. The following examples may form the basis for medical claims, depending on the details.
Infection
All operations carry the risk of infection. Hospitals should have strict infection control measures in place to reduce this risk. It is possible for a surgeon to cause an infection if he or she uses unsanitary equipment or practices. This can lead to cross-contamination and, in some cases, a serious infection.
Damage to Other Organs
During surgery, surgeons have to take care not to accidentally damage other organs. Organ tissue is very delicate. Inadvertent incisions or puncture wounds could cause serious problems.
Nerve Damage
Nerve damage can occur during surgery in many ways. This includes:
- Accidental damage while operating on an adjacent organ/tissue
- Prolonged pressure on a nerve
- Errors with injections
- Errors with anesthetics
- Incorrect use of equipment
Operating on the Wrong Site
These serious medical errors cause patients to receive completely unnecessary surgery. They also miss out on the surgery that they need. In extreme cases, people have had the wrong limb amputated.
Wrong Patient Surgery
Administrative problems could lead to the surgeon operating on the wrong person. They may also carry out surgery that was completely unnecessary.
Surgical Instruments/Materials Left in Body
It may seem obvious that the surgical team needs to remove all instruments, gauze, clips, and other materials before the wound is sutured. Although should hospitals have strict guidelines for the team to follow, mistakes happen. Having foreign objects inside your body can cause major complications and infections.
The Consequences of Surgical Negligence
In the most serious cases, surgical errors can lead to long-term suffering. Talk to your lawyer about filing a medical malpractice lawsuit if you’re suffering from any of the following conditions.
Aftermath of Infection
In extreme cases, infections can cause sepsis. Sepsis is a life-threatening condition. It can also lead to tissue damage and organ failure.
In the US, about 1.2% of all elective surgery patients will develop sepsis while recovering from surgery. This does not mean that sepsis is always the result of medical errors. It’s important to talk to an experienced attorney who will review your medical records and may seek expert advice.
Organ Damage/Internal Bleeding
If the surgeon is not careful, other organs or tissues can be injured during surgery. This can cause internal bleeding.
Internal bleeding can be hard to diagnose. It can cause pain, vomiting, sweating, and changes to breathing, to name just a few symptoms. In severe cases, it can lead to organ failure, coma, and even death.
Nerve Damage
Nerve damage can cause ongoing pain or loss of sensation in a part of the body. This could have a long-term impact on your mobility.
You may be completely or partially paralyzed. In fact, you may need long-term physical therapy. You may have to undergo further surgery to help you regain the level of movement that you had before.
Wrong Site/Patient Injuries
We accept that there may be scars after necessary surgery. But surgery on the wrong site can leave you with scars that are completely unnecessary. This can cause ongoing pain and distress.
Sometimes, the wrong site error is spotted very early on in the surgery. But if the surgery is completed on the wrong site, you may have to deal with unexpected complications. Plus, you’ll still have to undergo surgery on the correct site.
Medical Instruments Left in the Body
Retained instruments can lead to damage to other tissues and organs. Your pain may increase rather than diminish after surgery. Gauzes and medical sponges can cause serious infections.
You may need further surgery to remove the foreign object so that it does not cause long-term complications.
How an Attorney Can Help
Attorneys are not medical experts, but they are experienced in medical negligence law. They have years of experience in fighting similar cases. They’ll consult with medical professionals.
Together, they’ll determine whether surgical errors occurred. They’ll let you know if you have a case for medical negligence. You need to focus on your recovery. Let an attorney take your case and they’ll focus on getting you the compensation you deserve.
Talk to RHINO Lawyers Today
Surgical errors can have a long-term impact on your quality of life. If you’ve been injured as a result of surgical negligence, you need an experienced attorney on your side.
At RHINO Lawyers, you’ll deal with an attorney, not a case worker. Our attorneys will assess your case and let you know whether you have a basis for a medical lawsuit. If you do, you only pay if they win.
Click here to request your free case review today!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
Read More