When to Sue If Your Child Has Cerebral Palsy

Cerebral palsy is an umbrella term that refers to a number of disorders affecting a baby's brain function and body movement, caused by an injury or lack of oxygen flow to a baby's brain in the womb, during delivery, or sometime after birth. While in some cases there may be no way to tell how or why the injury occurred, in others injury or lack of oxygen could be the result of negligence by the treating physician or obstetrician.

If that's the case, obstetricians may be liable for birth injuries like cerebral palsy. Here's what you need to know.

Medical Malpractice Elements

If you are trying to make a claim that a medical professional like an obstetrician or nurse is liable for your child's cerebral palsy, you will need to prove that physician was negligent. Medical malpractice claims are similar to negligence claims in that they require plaintiffs to prove four main elements.

Duty

You must demonstrate that the doctor, nurse, or hospital had a legal duty to care for your baby. This is normally proven by the fact they agreed to help deliver your baby, and the doctor (and all other medical staff involved) have a duty to meet the generally accepted standard of care in doing so.

Breach

You must prove that the doctor failed in his or her duty to care for your baby. This involves two elements: (1) establishing the accepted standard of care, by using testimony from experts or other qualified medical practitioners or accepted case law; and (2) establishing the doctor's actions fell below this standard of care.

Causation

You must prove that the breach of duty, and not something else, actually caused your baby's cerebral palsy. For example, if a baby is partially suffocated by the umbilical cord in the womb and the doctor failed to recognize the problem or failed to properly remedy it during the birth, and the lack of oxygen caused the cerebral palsy, he or she may be liable.

Damages

Finally, you must prove that your child has cerebral palsy. If the doctor acted negligently but caused no injury, there would be no claim, because the breach didn't cause any injury.

Medical Malpractice Lawsuits

If you're wondering whether you have a medical malpractice claim based on your child's cerebral palsy, your best source of information will be an experienced personal injury attorney. Contact one in your area today.

Related Resources:

• Injured by a doctor's malpractice? Get matched with a local attorney. (Consumer Injury)
• NY Doctor's $3M Verdict Over Childbirth Injuries (FindLaw's Injured)
• NY Cerebral Palsy Lawsuit Settled for $5.3M (FindLaw's Injured)
• U.S. Gov't to Pay $6.5M for Baby's Brain Injury (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/12/when-to-sue-if-your-child-has-cerebral-palsy.html

Car Accident Injury Lawsuit FAQ

When an auto accident results in an injury, the injury victim may be able to file a lawsuit depending on how the accident happened. Generally, whoever is at-fault for the car accident will be legally liable to the injured person.

Before a lawsuit is filed, frequently the at-fault party’s insurance carrier may want to try to negotiate a settlement. If settlement negotiations fail, then it may be time to file a lawsuit. Below are some of the most frequently asked questions about car accident injury lawsuits.

1. When to File a Lawsuit?

Each state has a different statute of limitations by which a lawsuit must be filed. Don’t delay filing your case even if you are negotiating with an insurance company. If you miss the statute of limitations, your case is over.

2. What’s My Case Worth?

Car accident and other injury cases can vary wildly in terms of value. Some major impacts can result in minor injuries, while some minor impacts can result in major injuries. Additionally, a high-wage earner will be entitled to more compensation for missed work than others. Regardless, a case’s value will usually be determined by the severity of the injury, as well as the severity of the recovery. There is no magic formula to figuring out a case’s value.

3. Who Do I Sue?

Frequently, injury victims get turned around when it comes to who to sue. In a car accident case, you want to sue the person who caused the accident, and if more than one driver caused the accident, then both should be (may need to be) sued. A somewhat common pitfall is that because victims are often negotiating with insurance companies, when they file suit without a lawyer, the insurance company gets named instead of the at-fault driver(s).

4. Do I Need a Lawyer?

While many people want to handle their legal matters on their own, hiring a lawyer is usually a smart business decision. Although an attorney will cost money, nearly all injury attorneys do not charge upfront fees. Additionally, attorneys will usually be able to justify their cost as they will ensure you assert every cognizable claim for recovery, as well as make sure you do not sell yourself short by settling without considering medical liens or other outstanding and related debts.

5. How Long Will My Case Take?

Depending on your specific court, injury lawsuits can take anywhere from one to two years to resolve, with more complex cases potentially taking even longer. This is in addition to the time from the date of the accident that a case is not active in court. For instance, in California, where a person has two years to file an injury claim, an injury case could take 4 years or more to go from date of injury to a final jury verdict.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Accident Fault FAQ (FindLaw’s Learn About the Law)
• Car Accidents FAQ (FindLaw’s Learn About the Law)
• Motorcycle Accident FAQ (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/12/car-accident-injury-lawsuit-faq.html

$3.9M Lawsuit Filed Against Bar and Driver for Hit and Run Death

An Oregon man has filed a wrongful death lawsuit against both the driver that hit him and his father as they crossed the street on foot, as well as the bar that served the driver alcohol on that night. The father was killed after being struck, landing on the roof, then being thrown off the roof a mile down the road. The son survived after medical treatment including surgery.

While the accident was initially hit and run, law enforcement was able to track down the driver. The driver pled guilty and received an eight year sentence. The lawsuit alleges that the driver was negligent in controlling her vehicle and that the bar where she was drinking was negligent in serving her alcohol while she was visibly intoxicated.

Dram Shop Laws

Most states have dram shop laws, which hold bars and other establishments that serve alcohol liable if they serve someone who later causes an injury to another because they were intoxicated. To prevail, generally a plaintiff will need to show that the establishment continued to serve alcohol to the driver after they were visibly intoxicated, and that the injury was reasonably foreseeable.

The dram shop or social host liability laws vary from state to state. In Oregon, there are several nuances to their dram shop laws. One particular nuance, is that the establishment must be provided notice of the claim within a particular time-period, which is shorter than the usual statute of limitations for a wrongful death or personal injury claim.

Wrongful Death Claims

Wrongful death claims can be brought by a person’s estate on behalf of their survivors or heirs, or by the survivors themselves. Generally, the types of damages available to the party bringing the lawsuit may differ. For instance, a wife that loses a husband may be able to recover economic damages for the loss of financial resources her husband brought to the marriage. Alternatively, a parent or adult child may not be able to recover for that type of economic harm.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• What Are Dram Shop Laws? (FindLaw’s Injured)
• Applebee’s Settles Family’s DWI Crash Lawsuit (FindLaw’s Injured)
• What Damages Are Awarded in Wrongful Death Lawsuits? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/12/39m-lawsuit-filed-against-bar-and-driver-for-hit-and-run-death.html

Can a Rental Car Company Be Liable for an Accident?

Rental car companies make renting a car really easy. You walk in, show someone a driver's license, provide a credit card, sign a couple pieces of paper, and you're ready to drive. With smartphones and apps, it is becoming even easier. However, rental car companies frequently are doing quite a bit behind the scenes to make sure you are who you say you are, and that you are really licensed.

Ordinarily, when a person causes a car accident, they will be held liable for the damages and injuries they cause. In most states, if the owner and driver of the car are different people, the vehicle's owner can also be found liable under a theory of negligent entrustment. Additionally, if a vehicle owner lends or rents a vehicle that has not been properly maintained, they may also be found liable for an accident that results from that improper maintenance.

Negligent Entrustment

If a rental car company rents a car to someone who is not actually licensed to drive, then they may face a claim for negligent entrustment. While this claim is most frequently seen in the context of parents loaning the family car to their irresponsible teenagers, the doctrine applies in several other situations. A rental car company could be could be found liable for an accident caused by a renter that was intoxicated at the time they rented the car.

In a negligent entrustment situation the vehicle owner and driver are both liable. In some states, like California, however, a vehicle owner can only face a certain dollar amount of liability, while the driver will be required to cover the rest.

Improper Maintenance

When a rental car company provides a car to their customer, if the car has not been properly maintained, or was subject to a recall that hasn't been performed, the company could end up facing liability for an accident. For example, if a rental car company failed to change the brakes on a car that needed replacing, and a driver was unable to stop the car due to the bad brakes, then the rental car company could be found liable. The same might apply to any other component of a vehicle.

Unlike negligent entrustment, if a rental car company is found liable for an accident due to the improper maintenance of their vehicle, the driver will likely be able to avoid liability (or at least a majority of the liability).

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Elderly Man Receives $1M After Low Impact Car Crash (FindLaw's Injured)
• Rental Liability, Pedestrian Accidents, and More (FindLaw's Learn About the Law)
• Who Pays for a Rental Car After an Accident? (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/12/can-a-rental-car-company-be-liable-for-an-accident.html

Stanford Sued for 'Systematic Negligence' for Failing to Stop Sexual Predator

A Stanford graduate student has filed a lawsuit against the school, claiming it failed to properly respond to multiple allegations of violence and sexual assault concerning another student, allowing him to prey on at least four female students during his undergraduate years.

The lawsuit also claims that, when Stanford finally found the student responsible for "serious sexual misconduct" in 2014 (three years after his first reported assault) the school failed to enforce its own campus ban on the student, referred to as "Mr. X" in the lawsuit, and that he had been seen back on campus as recently as February.

School Inactivity

According to the lawsuit, the first known victim repeatedly reported a 2011 incident to various campus employees, during which Mr. X strangled and raped her after she began losing consciousness. But she was discouraged from filing a formal complaint, and campus officials failed to connect the dots when more of his victims came forward.

In response to rumors that Mr. X had assaulted other female students, residence hall staffers assured the first victim that they would talk to him and make it clear that physical and sexual assaults "were not okay and that he has a very serious problem with anger." Whether those talks ever actually happened is unclear. In 2014, Mr. X allegedly twisted the plaintiff's arm behind her back and told her to go kill herself after she refused him sex and became "violently angry" with another female student who refused his advances, and "threw a table at her and punched her in the face while holding a shampoo bottle, splitting her lip."

Too Little, Too Late

It wasn't until the summer of 2014 that Stanford banned Mr. X from campus, but by then he had already graduated and the school conferred him both bachelor's and master's degrees. When the plaintiff spotted him back on campus, security guards told her "there was no official record of the ban and they could neither arrest Mr. X nor remove him from campus."

The lawsuit claims Stanford violated federal anti-discrimination law by failing to investigate the sexual assault allegations and protect female students from harm. "Women will not have an equal opportunity to succeed academically until the epidemic of sexual violence on campus ends," Rebecca Peterson-Fisher, an attorney for Equal Rights Advocates who filed the complaint told the Mercury News. "Institutions like Stanford need to be held accountable for their failure to recognize the severity of these crimes."

Related Resources:

• Injured in a sexual assault? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Stanford Failed to Stop Sexual Predator for Years, Lawsuit Alleges (NBC Bay Area)
• Calif. Clinic Sued Over Alleged Sexual Assaults by Nurse (FindLaw's Injured)
• Woman Sues Match.com: Sexual Predator Raped Her? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/12/stanford-sued-for-systematic-negligence-for-failing-to-stop-sexual-predator.html

Elderly Man Receives $1M After Low Impact Car Crash

A recent case out of Los Angeles is making headlines for the $1 million verdict awarded by the jury. The plaintiff in the case was a 65 year old man who suffered from degenerative back problems, and claimed not to be injured at the scene of the accident. The accident was characterized as a low impact crash. While there may be a couple eye-opening facts about this case, the settlement negotiations are the most shocking. Before trial, plaintiff offered to settle for $60,000, and the defense only offered $20,000. While jury verdicts are routinely expected to be larger than settlement offers, this massive of a gap is rare.

Another fact that some might find shocking is that the plaintiff was awarded the large verdict despite having a pre-existing condition before the accident. This is due to the eggshell plaintiff doctrine, which basically says that a defendant is responsible for the damages they cause another person, even if that person is as fragile as an egg. While a defendant may think it is unfair, if the shoe were on the other foot, that thought would likely change. Being extra-susceptible to injury is scary.

No Cure Means More Treatment, More Pain and Suffering

Another factor that drove up the jury award in this case is the fact that the plaintiff was unable to cure the condition that was caused by the accident. While the plaintiff had a condition prior, the accident exacerbated it, and he was unable to return to how he was before the accident. His doctors recommended future palliative care such as physical therapy and pain management.

When a plaintiff suffers a permanent injury, a jury will (theoretically) value the pain and suffering of that injury more highly than an injury that has either fully healed, or can be fully healed in due time. Additionally, after an injury heals, the cost of medical care for the injury stops. If the injury cannot be healed, there may be a lifetime of medical care, such as pain management, in front of the injury victim.

While it is common for the public to be shocked about large jury verdicts, this verdict is not disproportional to the injury. If the plaintiff has 15 more years of medical care related to the injury, the million dollars might not go far enough. 

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Am I Liable If a Child Is Injured on My Property? (FindLaw’s Injured)
• Phillie Phanatic Sued … Again (FindLaw’s Injured)
• Tiffany Startz on Trial after $5 Bet to Punch Rapper Killed Him (FindLaw’s Legally Weird)

from Injured http://blogs.findlaw.com/injured/2016/12/elderly-man-receives-1m-after-low-impact-car-crash.html

What Are the Most Dangerous Plastic Surgery Procedures?

Most plastic surgeons are competent, compassionate, and careful. And the vast majority of plastic surgeries are successful and injury-free. But, like any surgery, cosmetic operations have risks, and can go wrong.

So are there procedures that are more risky than others? And if so, which plastic surgeries are the most dangerous?

1. Facial Reconstruction

One of the biggest health risks from plastic surgery is nerve damage, and few places on the body have more nerve endings than the face. Facelift patients could experience numbness, loss of motion, or dropping of facial features from cheek, forehead, or neck lift procedures.

Additionally, any procedure near the eye can do catastrophic damage. Eyelid lifts can result in optic nerve damage or blindness if not performed perfectly. Even nose jobs are risky, and patients may experience difficulty breathing or recurrent nosebleeds.

2. Liposuction and Tummy Tucks

Yes they are the most common cosmetic procedures, but abdominal surgeries can be some of the most dangerous, based primarily on the area and the organs involved. Tummy tucks can run the risk of seronoma (excessive build-up of fluid), internal bleeding, and tissue necrosis. And liposuction near the abdomen can involve serious blood clots, perforations in the stomach wall, and fat clogs near the lung.

Also, like any other surgery, these invasive cosmetic procedures can run the risk of infection or complications from anesthesia.

3. Butt Implants or Injections

It's just my rear end, you're thinking, how much damage could surgery do? Quite a lot, as it turns out. Any implant procedure will carry risk of infection, bleeding, and implant rupture or migration. But gluteal surgeries can also create increased sciatic nerve pressure (which can be especially painful), and unlicensed silicone butt injections have proved fatal.

Any surgery carries risks. If your surgeon did not tell you about known risks, or you think he or she performed your surgery incompetently, contact an experienced attorney today.

Related Resources:

• Injured during surgery? Get matched with a local attorney. (Consumer Injury)
• Suing for Wrongful Death Over Cosmetic Surgery Gone Wrong (FindLaw's Injured)
• Can I Sue for Nerve Damage After Plastic Surgery? (FindLaw's Injured)
• Top 5: Doctors Most Often Sued (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/12/what-are-the-most-dangerous-plastic-surgery-procedures.html