Possible Defenses to Shaken Baby Syndrome

via Tumblr hobbsr04.tumblr.com/post/124704519147 Abusive head trauma, also known as shaken baby syndrome, is a term that no parent ever wants to hear. Usually, when a doctor utters those words, a baby is dead or dying, and a parent is going to go to jail on charges of child abuse or murder. For years, doctors were quick to diagnose a baby with shaken baby syndrome, but now the evidence may be too inconclusive to tell for sure. Signs of Shaken Baby Syndrome Shaken baby syndrome describes injuries to a baby’s brain that supposedly occurs when the baby is shaken violently in a fit of frustration by the baby’s caretaker. According to the National Center on Shaken Baby Syndrome, head trauma does not always exhibit external signs of injuries such as difficulty breathing, seizure, or facial or scalp injury. To diagnose shaken baby syndrome, doctors look for brain swelling, retinal hemorrhage (bleeding in the eyes), subdural hematoma (bleeding in the brain), damage to the spinal cord, or broken ribs. According to the American Academy of Pediatrics, nearly 20 to 25 percent of victims of shaken baby syndrome die from their injuries. Critics of shaken baby syndrome claim that the science behind the syndrome and its diagnosis is questionable and deficient. Many defense experts contend that doctors are too eager to diagnose an injury as shaken baby syndrome and should consider alternative explanations. Defenses to Shaken Baby Syndrome If you’ve been accused of shaken baby syndrome, here are some possible defenses to consider: Accidents could cause the same symptoms. Previously, doctors believed that injuries caused by shaken baby syndrome must be caused by deliberate forceful shaking. However, some experts contend that similar effects could be caused during accidental falls. Symptoms of trauma may not exhibit immediately. Currently, the assumption is that shaking a baby causes symptoms to appear immediately, so the last person to hold or care for the baby likely caused the injuries. However, some experts believe that trauma suffered as far back as birth could cause symptoms later on. So, it’s actually harder than originally believed to pinpoint what or who exactly caused a baby’s injuries. There are alternative explanations. In one case of shaken baby syndrome, an expert testified that a baby’s brain injuries were more likely caused by an infection that caused blood clots in the brains and strokes rather than shaking. If you’ve been charged with murder due to shaken baby syndrome, and believe that your child may have been misdiagnosed, consult with an experienced criminal defense attorney for help. Related Resources: Browse Criminal Defense Lawyers by Location (FindLaw’s Lawyer Directory) Science questioned in shaken-baby conviction (USA Today) Ninth Circuit Ordered to Reinstate Verdict in Shaken Baby Case (FindLaw’s U.S. Ninth Circuit) Gov. Brown Commutes Grandmother’s Sentence in Shaken Baby Case (FindLaw’s California Case Law) from Injured blogs.findlaw.com/injured/2015/07/possible-defenses-to-sh... via Blogger hobbsr04.blogspot.com/2015/07/possible-defenses-to-shaken...

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Possible Defenses to Shaken Baby Syndrome

Abusive head trauma, also known as shaken baby syndrome, is a term that no parent ever wants to hear.

Usually, when a doctor utters those words, a baby is dead or dying, and a parent is going to go to jail on charges of child abuse or murder. For years, doctors were quick to diagnose a baby with shaken baby syndrome, but now the evidence may be too inconclusive to tell for sure.

Signs of Shaken Baby Syndrome

Shaken baby syndrome describes injuries to a baby's brain that supposedly occurs when the baby is shaken violently in a fit of frustration by the baby's caretaker. According to the National Center on Shaken Baby Syndrome, head trauma does not always exhibit external signs of injuries such as difficulty breathing, seizure, or facial or scalp injury.

To diagnose shaken baby syndrome, doctors look for brain swelling, retinal hemorrhage (bleeding in the eyes), subdural hematoma (bleeding in the brain), damage to the spinal cord, or broken ribs. According to the American Academy of Pediatrics, nearly 20 to 25 percent of victims of shaken baby syndrome die from their injuries.

Critics of shaken baby syndrome claim that the science behind the syndrome and its diagnosis is questionable and deficient. Many defense experts contend that doctors are too eager to diagnose an injury as shaken baby syndrome and should consider alternative explanations.

Defenses to Shaken Baby Syndrome

If you've been accused of shaken baby syndrome, here are some possible defenses to consider:

1. Accidents could cause the same symptoms. Previously, doctors believed that injuries caused by shaken baby syndrome must be caused by deliberate forceful shaking. However, some experts contend that similar effects could be caused during accidental falls.
2. Symptoms of trauma may not exhibit immediately. Currently, the assumption is that shaking a baby causes symptoms to appear immediately, so the last person to hold or care for the baby likely caused the injuries. However, some experts believe that trauma suffered as far back as birth could cause symptoms later on. So, it's actually harder than originally believed to pinpoint what or who exactly caused a baby's injuries.
3. There are alternative explanations. In one case of shaken baby syndrome, an expert testified that a baby's brain injuries were more likely caused by an infection that caused blood clots in the brains and strokes rather than shaking.

If you've been charged with murder due to shaken baby syndrome, and believe that your child may have been misdiagnosed, consult with an experienced criminal defense attorney for help.

Related Resources:

• Browse Criminal Defense Lawyers by Location (FindLaw's Lawyer Directory)
• Science questioned in shaken-baby conviction (USA Today)
• Ninth Circuit Ordered to Reinstate Verdict in Shaken Baby Case (FindLaw's U.S. Ninth Circuit)
• Gov. Brown Commutes Grandmother's Sentence in Shaken Baby Case (FindLaw's California Case Law)

from Injured http://blogs.findlaw.com/injured/2015/07/possible-defenses-to-shaken-baby-syndrome.html

Can I Get Disability for Carpal Tunnel Syndrome?

via Tumblr hobbsr04.tumblr.com/post/124686362802 With so many people working in offices and industries that require repetitive manual labor, the phrase carpal tunnel syndrome has almost become shorthand for work-related hand injuries. And data from the National Institute for Occupational Safety and Health seems to show a correlation between jobs that involve repetitive manual activity and/or certain wrist postures and incidents carpal tunnel. Carpal tunnel syndrome (CTS) can be painful and even lead to atrophied muscles in the hand. And if CTS causes too much pain or muscle degeneration, can you get disability benefits? Disability in a Nutshell Disability insurance compensates someone if they are disabled and unable to work. There are private disability insurance policies that can cover both short and long term disability, and the benefits can vary depending on the type of plan purchased. This is not to be confused with Social Security Disability Insurance, which is a government disability program that covers workers above a certain age and caps benefits at a specific amount. Disability insurance also differs from workers’ compensation insurance, which is provided if you are injured at work. While workers’ compensation benefits are normally the only option for work-related injuries, you could be eligible to receive disability benefits if state disability benefits are higher than the workers’ compensation benefits to which you’re entitled. You may also receive disability benefits if your workers’ comp claim is being contested or has been denied. Coverage for Carpal Tunnel Workers’ comp will generally cover wrist injuries and repetitive motion injuries, so you can generally get disability for carpal tunnel syndrome. So if your carpal tunnel pain is keeping you from being able to work, you should be eligible for disability benefits. If you have disability insurance, you should file a claim with your disability insurer. If you don’t already have a disability policy, you can check to see if you are eligible for Social Security Disability. If you have legal questions about your disability coverage, or your disability claim has been denied, you should consult with an experienced disability attorney today. Related Resources: Was your disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury) Is My Injury Work Related? (FindLaw’s Injured) Disability / SSDI (FindLaw’s Injured) Social Security Disability (FindLaw) from Injured blogs.findlaw.com/injured/2015/07/can-i-get-disability-fo... via Blogger hobbsr04.blogspot.com/2015/07/can-i-get-disability-for-ca...

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Can I Get Disability for Carpal Tunnel Syndrome?

With so many people working in offices and industries that require repetitive manual labor, the phrase carpal tunnel syndrome has almost become shorthand for work-related hand injuries. And data from the National Institute for Occupational Safety and Health seems to show a correlation between jobs that involve repetitive manual activity and/or certain wrist postures and incidents carpal tunnel.

Carpal tunnel syndrome (CTS) can be painful and even lead to atrophied muscles in the hand. And if CTS causes too much pain or muscle degeneration, can you get disability benefits?

Disability in a Nutshell

Disability insurance compensates someone if they are disabled and unable to work. There are private disability insurance policies that can cover both short and long term disability, and the benefits can vary depending on the type of plan purchased. This is not to be confused with Social Security Disability Insurance, which is a government disability program that covers workers above a certain age and caps benefits at a specific amount.

Disability insurance also differs from workers’ compensation insurance, which is provided if you are injured at work. While workers’ compensation benefits are normally the only option for work-related injuries, you could be eligible to receive disability benefits if state disability benefits are higher than the workers’ compensation benefits to which you’re entitled. You may also receive disability benefits if your workers’ comp claim is being contested or has been denied.

Coverage for Carpal Tunnel

Workers’ comp will generally cover wrist injuries and repetitive motion injuries, so you can generally get disability for carpal tunnel syndrome. So if your carpal tunnel pain is keeping you from being able to work, you should be eligible for disability benefits.

If you have disability insurance, you should file a claim with your disability insurer. If you don’t already have a disability policy, you can check to see if you are eligible for Social Security Disability.

If you have legal questions about your disability coverage, or your disability claim has been denied, you should consult with an experienced disability attorney today.

Related Resources:

• Was your disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• Is My Injury Work Related? (FindLaw’s Injured)
• Disability / SSDI (FindLaw’s Injured)
• Social Security Disability (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/07/can-i-get-disability-for-carpal-tunnel-syndrome.html

Can I Sue for Hearing Loss?

via Tumblr hobbsr04.tumblr.com/post/124593536307 What if you could no longer listen to your favorite songs or wake up to the bird chirping outside? There are a million reasons we cherish our hearing and it’s understandable why we would be upset if our hearing was lost or damaged. Being upset, however, doesn’t always make for a valid legal claim. So when can you sue for hearing damage or loss? That will generally depend on how and where you were injured. Putting Your Ear to the Grindstone Injuries sustained at work are normally covered by workers’ compensation insurance. Workers’ comp claims are handled out of court, and therefore they are a way to compensate injured workers without the need for filing a lawsuit. If your hearing was damaged either at work or due to the type of work you do, you will probably need to file a workers’ comp claim before you can file a lawsuit. Note that the rules for workers’ comp claims at railroads and construction sites (two very loud workplaces), are different from your standard claim. Aural Accidents If your hearing has been damaged or lost outside of work (e.g. from a car accident) you’ll probably need to file a standard injury lawsuit. Injury claims can be based on: Auto and other accidents, where injuries are due to another person’s negligence. Medical malpractice, where injuries are due to faulty medical care. Product liability, where injuries are due to a dangerous or defective product. Tort liability, where injuries are due to anything from slip and falls to slander to dog bites. Filing a lawsuit based on hearing loss will generally require you to prove that the defendant owed you a duty of care, that they failed to meet that duty, and that failure caused the damage to your hearing. You will also need to describe and put a dollar on your hearing loss, which can be especially difficult when dealing with one of our most valued senses. If you’ve suffered damage to your hearing, you may want to consult with an experienced injury attorney to find out if you have a claim. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Can I Get Workers’ Comp For Hearing Loss? (FindLaw’s Injured) Who Is Liable? (FindLaw) Justin Bieber’s Music Did $9M Damage to Woman’s Ears, Lawsuit Says (FindLaw’s Celebrity Justice) from Injured blogs.findlaw.com/injured/2015/07/can-i-sue-for-hearing-l... via Blogger hobbsr04.blogspot.com/2015/07/can-i-sue-for-hearing-loss....

via Flickr http://www.flickr.com/photos/87814799@N02/19869792251

Can I Sue for Hearing Loss?

What if you could no longer listen to your favorite songs or wake up to the bird chirping outside? There are a million reasons we cherish our hearing and it's understandable why we would be upset if our hearing was lost or damaged.

Being upset, however, doesn't always make for a valid legal claim. So when can you sue for hearing damage or loss? That will generally depend on how and where you were injured.

Putting Your Ear to the Grindstone

Injuries sustained at work are normally covered by workers' compensation insurance. Workers' comp claims are handled out of court, and therefore they are a way to compensate injured workers without the need for filing a lawsuit.

If your hearing was damaged either at work or due to the type of work you do, you will probably need to file a workers' comp claim before you can file a lawsuit. Note that the rules for workers' comp claims at railroads and construction sites (two very loud workplaces), are different from your standard claim.

Aural Accidents

If your hearing has been damaged or lost outside of work (e.g. from a car accident) you'll probably need to file a standard injury lawsuit. Injury claims can be based on:

• Auto and other accidents, where injuries are due to another person's negligence.
• Medical malpractice, where injuries are due to faulty medical care.
• Product liability, where injuries are due to a dangerous or defective product.
• Tort liability, where injuries are due to anything from slip and falls to slander to dog bites.

Filing a lawsuit based on hearing loss will generally require you to prove that the defendant owed you a duty of care, that they failed to meet that duty, and that failure caused the damage to your hearing. You will also need to describe and put a dollar on your hearing loss, which can be especially difficult when dealing with one of our most valued senses.

If you've suffered damage to your hearing, you may want to consult with an experienced injury attorney to find out if you have a claim.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Can I Get Workers' Comp For Hearing Loss? (FindLaw's Injured)
• Who Is Liable? (FindLaw)
• Justin Bieber's Music Did $9M Damage to Woman's Ears, Lawsuit Says (FindLaw's Celebrity Justice)

from Injured http://blogs.findlaw.com/injured/2015/07/can-i-sue-for-hearing-loss.html

Can You Sue for a Misdiagnosis?

via Tumblr hobbsr04.tumblr.com/post/124362802622 Every year, 12 million adults in the United States are misdiagnosed by doctors. That’s 1 in 20 patients. In a recent shocking case, Dr. Farid Fata plead guilty to misdiagnosing health patients with cancer. He tortured more than 500 patients with unnecessary chemotherapy treatments and took millions of dollars from the government in false Medicare claims. A few of his patients even died. If a doctor misdiagnosed you, can you sue? Common Misdiagnoses With 1 in 20 patients misdiagnosed, doctors actually have a pretty good 95 percent success rate. However, a misdiagnosis could mean an illness goes untreated for too long, or a patient must suffer through unnecessary treatments. Here are some commonly misdiagnosed illnesses: Asthma — Misdiagnosed as recurring bronchitis Heart Attack — Misdiagnosed as indigestion, panic attack Lyme disease — Misdiagnosed as the flu, depression, or mononucleosis Parkinson’s — Misdiagnosed as Alzheimer’s, stroke, or stress Lupus — Misdiagnosed as chronic fatigue syndrome, fibromyalgia, or rheumatoid arthritis Suing for Negligence In most medical malpractice claims for misdiagnoses, you’d probably be suing for negligence. To claim negligence you’d have to show: Duty — Did the doctor have a duty to care for you? Normally, when there is a doctor patient relationship, the doctor has a duty to act as a reasonably competent doctor. Breach — Did the doctor breach the duty? Just because a doctor misdiagnosed an illness, doesn’t necessarily mean he was acting negligently. To show breach of duty, you’d have to be able to prove that a different reasonably competent doctor would have been able to diagnose the illness properly Causation - Did the doctor’s misdiagnoses actually cause you harm? Your doctor may have misdiagnose you with cancer instead of the flu, but the next day someone ran you over killing you. The doctor’s misdiagnoses was not the cause of your injury. Damages — Did the misdiagnoses cause you damages? The doctor may have misdiagnosed you with migraines instead of a flu. However, he prescribed you Tylenol, which helped cure your flu as well. This means you didn’t suffer any damages because of the misdiagnosis. Proving a medical malpractice claim is complex requiring expert testimony and lengthy litigation. If your doctor misdiagnosed you and caused you harm, consult with an experienced personal injury attorney for help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Patients give horror stories as cancer doctor gets 45 years (CNN) Botched Vasectomy: Parents Sue Doctor for $650K to Raise Child (FindLaw’s Legal Grounds) What is Medical Malpractice? What is Not? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/can-you-sue-for-a-misdi... via Blogger hobbsr04.blogspot.com/2015/07/can-you-sue-for-misdiagnosi...

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