Different Types of Birth Injury

One of the most fearful effects of failure to ensure proper child care during pregnancy or medical mistake is birth injury. Birth injury is a cause of trauma to the injured infant’s family and one type of injury that can forever change the life of a child. Thus to avoid the possibility of a birth injury, it is important that physicians make sure that the best care is provided to both the pregnant women and to her child during pregnancy and delivery.

An OB/GYN (Obstetrician / Gynecologist) is responsible in providing the needed care to women during her pregnancy, childbirth and until about six weeks after she delivers her child. Proper care includes regular check-ups to help ensure that the unborn child is not malnourished, deficient in folic acid, underweight and not suffering from any birth defects. Birth defects, like birth injury, are health issues. But while the cause of birth defects can be the unborn child’s DNA or the pregnant woman’s intake of medication, like anti-depressant drugs or birth control pills, birth injury is mainly due to mistakes committed either by the physician in charge or by a member of the medical staff . Being a mistake, birth injuries, therefore, are totally preventable.

Birth injury incidences in the US number to about 28,000 annually. These injuries are usually caused by single mistakes, but which are enough to alter the life of a should-have-been normal child to a child with a disability. The following are the 10 most common reported cases of birth injuries:

  • Cephalohematoma, which is a cranial injury resulting from prolonged labor or use of forceps, vacuum or other birth-assisting tools
  • Brachial Plexus Palsy or Erb’s Palsy, which is paralysis of the arm due to injury to the group of main nerves of the upper arm
  • Cerebral Palsy, a condition marked by spastic paralysis or impaired muscle coordination and/or other disabilities; this condition is typically due to damage to the brain before or during birth
  • Bone Fracture, like fracture to the collar bone or clavicle
  • Caput Succedaneum, the swelling of a newborn ‘s scalp due to long or hard, head-first (vertex) delivery that causes pressure on the uterus or vaginal wall
  • Perinatal Asphyxia, a permanent damage to the brain that is caused by the insufficient supply of oxygen to the newborn
  • Intracranial Hemorrhage, which is hemorrhage inside the skull/cranium
  • Subconjunctival Hemorrhage, or hyposphagma, a condition characterized by bleeding under the conjunctiva (the membrane lining the inside part of the eyelids)
  • Facial Paralysis, a temporary or permanent damage to facial nerves due to lack of control of facial muscles
  • Spinal cord injuries

To protect the life of the child and to help the child’s family afford the costly medical treatments that the injury may require, the law allows the family to take legal actions against the negligent physician, member of the medical staff or the hospital itself, for all the present and future damages resulting from the injury. A personal injury attorney can help you determine whether or not you have a case.

Dental Fillings

Dental fillings, also known as composite filings, are used to treat a decayed tooth. This is done through a series of steps that start with the removal of the decayed parts of the tooth, then cleaning the damaged area. The final step is filling the area with a filling material suitable for the tooth. A dental filling is very important in order to prevent further decay in the tooth. The materials that will be used will depend on each person, as there is no best dental filling for everyone. As Dr. Sid K. Steadman D.D.S. advises on his website, it would be best to talk with your dentist about the most suitable choice for your dental filling to avoid complications and additional damages to your teeth.

There are factors that your dentist should first take into account before filling the tooth. The location of where the dental filling will be put, certain allergies to materials used, the size of the damage, and the cost of the dental filling. There are a number of choices for dental fillings, namely:

  • Amalgam Fillings – a mixture of silver fillings, they are relatively low-cost and are comparatively resistant to wear. Although they are very durable, they are not as popular because of their dark color which makes them obvious.
  • Porcelain Fillings – also called inlays or outlays, porcelain fillings are custom-made in a lab to be bonded to the tooth. They are custom-made to match the color of the tooth and avoid staining, and can be a more costly option because they cover most of the tooth.
  • Gold Fillings – a costly dental filling, they are made-to-order in the lab to fit the tooth that they will be cemented into. Because they are well-tolerated by gum tissues, many experts recommend and consider gold as the best dental options. Although they are the most costly of the dental fillings, they can last for 20 years.
  • Composite Resins – plastic resins made to match the color of the tooth. It is mixed and applied directly into the tooth where it will harden. They can be cheaper, but are not a good option for large fillings because of their tendency to chip and wear. They are also prone to staining and are not as durable as others mentioned above.

Your dentist will be the one to determine whether you need a dental filing or not, through thorough checkups. They will also advice you on how to properly take care of your dental filling, and prevent future cavities from destroying your teeth. Possible suggestions from your dentist may include healthier eating habits and food choices, practice of proper dental care, and regular dental checkups.

Hot Checks in Texas

There are “hot chicks” in Texas, and then you have “hot checks.” One is good; the other, not so much. A hot check, called a “bad” check in the Texas Penal Code (§32.02 and §32.41) is defined as the issuance of a check by a person who knows that there is not enough funds in the account to pay for it in full. In any circumstance, passing a hot check is a crime, and will be punished accordingly. However, there are two ways that such an offense is addressed under the penal code.

Under §32.41, the offense is considered a Class C misdemeanor (unless it was to pay for child support, in which case it is a more serious charge as a Class B misdemeanor) which carries only a fine and restitution. While this is still bad, but there may be a plausible explanation for the act such as an accounting error which would negate the intent to swindle the payee. Under §32.02, however, it addresses hot checks as theft, and as such can be charged as a Class B misdemeanor (for checks less than $20) all the way up to a first degree felony depending on the face amount of the check and other circumstances. All these charges carry a stint in jail from not more than 180 days to as long as 99 years plus fines.

As mentioned on the website of Inglis Defense, passing a bad check is embarrassing, but it can also mean serious jail time and a hefty fine, not to mention a blot on your criminal record if the case is not handled properly. There are many circumstances that can affect a hot check charge, and few laypersons fully understand the ramifications of playing fast and loose with the Texas Penal Code. If you have already been charged with passing a bad check, you are probably on the brink of having a really bad time. Consult with a hot check defense lawyer to watch out for you and to settle the matter as painfully as possible under the circumstances.

Statute Of Limitations On Personal Injury Cases

Has someone caused you an injury? Are you looking at years worth of rehab or medical care because of it? If so, there is a good chance that you have reason to sue them for your injuries. The tips below will help you build a case against the person that have hurt you.

One of the most common types of personal injury lawsuits involve injury from a defective product. Products on the market are required to be safe for use, and when it can be proven a product is not the manufacturer can be held responsible. You and your lawyer have the obligation of proving the product is not safe.

Watch what you say. This is especially true at the site of the injury. You have no obligation to tell people who you think is at fault. You also do not need to provide more information than legally required. Making any statements on the scene of the injury may lead to more complications as your case progresses.

Personal injury lawyers tend to specialize in a number of different fields. For example, one may solely take on medical malpractice cases, whereas another may be proficient in automotive accidents. Don’t assume that all personal injury lawyers are the same and be sure to make inquiries about any lawyer you have under consideration.

Work with a company that focuses solely on the subject of personal injury law. A law firm that handles a number of different legal fields, such as family, tax, and criminal law may not have the experience to secure you a good monetary settlement. An experienced personal injury law firm will handle all aspects of your case such as the initial investigation, offering advice, drafting documents, and court representation. The firm’s talents will also be more focused, as it wouldn’t have other practices distracting its efforts.

If you take what you have learned here and put it all to work for you, you could win your case. There is no need to struggle for the next several years to pay your bills when the person responsible for your trouble gets away with it. Make them pay today so you can get to a regular life as soon as possible.

Some of this information was pulled from the web address of personal injury law firm Morris James LLP.

Things You Should Know About Chicago Auto Insurance

Automobile insurance is a considerable expense in addition to what is already expensive car ownership. Insurance on the vehicles we drive is required though, and of course if there is an accident we are very happy we have it. In most cases we pay the fees and never realize the benefits. There are some things that you really need to know about auto insurance however. We present some important info in this article, and also on our Chicago car insurance website.

Before you add your teenage driver to your auto insurance policy, take a look at your own credit history. If your credit is good, it’s usually cheaper to add a teen to your own policy. But if you have had credit problems, it would be better not to hand that on to your child; start them off with a policy in their own name.

Keeping up with the times is a great way to save money on your auto insurance. Most insurance companies have electronic payment plans set up via their websites. If you use these and make your payments on time, you will be able to save some money. There’s nothing wrong with the old-fashioned way, but you can save some cash by making e-payments.

When buying a new or used car, don’t forget to factor in the cost of insurance. Your dream car may come with an insurance premium that pushes the monthly payment out of your reach. Do some research before you go shopping. You can find average rates for different car models online, or your insurance broker can provide this for you.

Carpooling and public transportation are great ways to lower your insurance costs. Lowering your mileage means less chances of an accident, which means your insurance company will be willing to lower your rates. You could have a discount that lowers your premium if you let your agent know that you use a bus or carpool.

When buying car insurance, consider what coverage you actually need against what coverage is being recommended by the agent. If your car is worth less than about five thousand dollars, collision coverage is probably costing you more than what would pay out in an accident. However, property liability coverage is vital, as it protects you against having to pay out for damage to another party’s car or other property.

You have to have the insurance; it is an unwelcome expense in most households. Don’t forget the peace of mind you experience when you’ve got the right cover. And you can now go about getting a better and cheaper policy based on the shrewd tips that you’ve just read.

The Anti-texting-while-driving and the Zero Tolerance Laws

Drunk-driving, reckless driving, driver error and over-speeding (as well as driving too slowly) are listed by the National Highway Traffic Safety Administration or NHTSA as the top causes of motor vehicle accidents on US roads every day. From the five million car crashes recorded annually, more than two million individuals suffer injury, while another 35,000 lose their lives.

NHTSA reports also show that usual traffic violators, as well as usual victims of fatal car crashes, are young drivers, whose ages range between 17 and 24. Studies show that while young drivers, mostly students, are aware of traffic laws and would not want to share the road with traffic violators, they, themselves, are guilty of violating traffic rules when asked about specific road behavior, such as driving under the influence (DUI), texting while driving, speeding, and so forth. These same drivers expressed confident control of the wheel, though, despite the violation, which they said were still safe, based on their own standards.

With the intent of curbing the number of car accidents, which always cause property damages, injuries and/or death, the NHTSA has become stricter in the enforcement of road safety laws; it has also passed new laws, such as the anti-texting-while-driving. In some states ban has, likewise, been imposed on the use of any type of text-based communications on mobile devices, such as computers and phones, which are used to send text or email messages. This anti-texting-while-driving is aimed at discouraging any act that would cause distraction – a serious threat to pedestrians, other motorists and all others on the road.

Another law intended at limiting the chances of DUI among teenage drivers is the Zero Tolerance Law, which prohibits those under the age of 21 to drink and drive. Minors who will be caught violating this law are bound to have their driving privileges immediately suspended, as well as suffer the harsh punishments imposed in their state.

Effects of Delayed Commercial Insurance Claims

There are a lot of things that business owners have to attend to, and that includes having the proper coverage not only for property damage but also for business interruption. As a rule, when something like fire, storms, or earthquakes occurs, businesses have to cease operations for the duration of the crisis, and most probably for some time after depending on the extent of property damage, if any. If damage ensues, there are not only the costs of repairing and/or replacing to consider but also the losses from the business closure.

In areas prone to natural calamities such as tornadoes, commercial insurance coverage is much more crucial for business owners than any other type of insurance. This is because in a lot of cases, an insurance claim will spell the difference between a business going on or not after a disaster.

But making a commercial insurance claim, just like any other claim, is an exercise in patience and tenacity. According to the website of Smith Kendall Buxton Law Group in Oklahoma which is tornado country, to make a successful claim for the full value of the policy it is important to have all your ducks in a row. This involves gathering together a team of contractors and engineers to put together a report objectively assessing the extent of the damage and what it will take to put it back to the way it was that will be acceptable to the insurer.

This is just for the property damage, which often goes through a long process of negotiations until an agreement is reached on the final valuation. In the meantime, the business owner has to either wait for the insurer to stop dithering and start paying, or to pay first for what is needed to get the business up and running again and hope for full reimbursement. Each day of delay has a significant impact on sales, customer retention, and production.

If you are experiencing unreasonable delays in your commercial insurance claims, you should address the issue immediately by consulting with an insurance claims lawyer in the area. An experienced attorney will have the resources and know-how to expedite proper insurance payments.

Reglan Lawsuits and Product Liability

If you find yourself involuntarily thrusting out your tongue, blinking rapidly, smacking your lips, and/or grimacing, you may want to check on whatever medication you are on if it contains metoclopramide. This is the generic version of the prescription drug Reglan, which has been found to induce a neurological syndrome called tardive dyskinesia characterized by involuntary movements like the ones described above.

There is no known cure for tardive dyskinesia, and although it is a non-fatal condition, it can have a significant impact on a person’s quality of life. Tardive dyskinesia sufferers may easily be mistaken as weird or strange. Imagine being across from a stranger who seems to find you lip-smackingly good or alternatively chastising you by tongue clicking, and you can see how it can be embarrassing. According to the Williams Kherkher website, other serious side effects of Reglan include cervical dystonia, akathisia, Parkinson’s symptoms, and neuroleptic malignant syndrome.

Reglan was first approved by the Food and Drug Administration (FDA) in 1980 for the treatment of chronic digestive disorders such as acid reflux and diabetic gastroparesis as well as nausea resulting from chemotherapy or surgery. Reglan has also been prescribed by migraine-induced nausea and queasiness associated with early pregnancy, although it was never approved for these uses by the FDA. This off label use has significantly increased the customer base for metoclopramide which is estimated at 2 million in the US.

The most recent label change for Reglan and other preparations containing metoclopramide was ordered by the FDA in 2009 to warn patients about the increased risk of developing tardive dyskinesia with prolonged use and higher doses. This latest Black Box warning is believed to account for the sudden influx of Reglan and other brand-name metoclopramide lawsuits against drug manufacturers, many of which went to trail in mid-2010 and early 2011. Plaintiffs allege that the defendants knew about the risk but failed to warn patients and doctors, one of the common bases for product liability cases.

If you developed any serious or permanent physical conditions from taking Reglan, consult with a product liability lawyer in your area as soon as possible. You may be able to get some financial compensation, if not actual physical relief, for the harm you sustained.

Toxic Substances Exposure

If you like Julia Roberts, chances are you have seen the film Erin Brockovich which in a nutshell dramatized the events that led to one of the largest settlements for a direct-action suit in the history of the US. At the heart of the case was an example of toxic substance exposure, with this particular instance involving hexavalent chromium which was leaking into the drinking water of Hinkley, a town in southern California.  A similar case was the subject of another movie A Civil Action where the groundwater in Woburn, Massachusetts was also contaminated, this time with trichloroethylene and perchloroethylene.

A toxic substance is defined as something that is dangerous to any living organism when taken internally (swallowed, inhaled) or externally (skin contact) interrupts or disrupts vital functions or causes death.  The substance need not be a strong chemical or poison. Some workplaces are inherently dangerous because it involves constant exposure to toxic substances such as coal mines (coalminer’s lung from coal dust) and cotton mills (cotton lung from cotton dust).

In the cases of water contamination with hexavalent chromium, trichloroethylene and perchloroethylene, the affected population was comprised of residents rather than workers who developed some type of cancer from drinking the tainted water and bathing in it. There have also been cases when the toxic substance has been embedded in the walls, as with paint containing lead or asbestos. The financial, physical and emotions effects of these toxic substance exposures are often life-threatening, and as pointed out on the website of Hull & Zimmerman, P.C., it can be overwhelming.

If you have been needlessly exposed to toxic substances in the workplace or at home and contracted a serious injury, you could be eligible for a personal injury claim against the responsible parties. Contact a personal injury lawyer in your area and get compensated.

Automotive Defects that Kill

Cars that won’t start and won’t stop have been the issues facing two of the biggest car manufacturers in the US, GM and Toyota. When a person gets behind the wheel of a car, the expectation is that the driver is in control, and not the other way around.

A car that suddenly speeds up as if it had been possessed by an evil entity is not conducive to safety, especially when driving in a busy highway. This was the issue with the 2005 Toyota Camry, and hundreds of personal injury and wrongful death lawsuits have been filed against the Japanese automaker precisely because of this defect.

For GM, the problem was with the ignition switch in some of its 2005 and 2007 compact models including the Pontiac G5 and Chevrolet Cobalt. For some reason, this automotive defect caused air bags to malfunction and engines to stall, which in certain situations can and has had harrowing results for the car passengers. GM, like Toyota, is also facing numerous lawsuits, but the buck does not stop there for GM dealers.

According to the website of Habush Habush & Rottier S.C. ® in Lake Geneva, these two automakers is that both knew about the defects for years, but did nothing to warn the public about the potential for menace. GM had issued a bulletin to its dealers warning them about the defect, but only directing that a stop-gap solution will be offered to customers who complained, and even then not all of them got the band-aid. This is the reason some dealers are also facing their own civil litigation. Toyota kept mum about the spontaneous speeding problem of their products until someone got hurt.

What these companies should have done was to order a recall of the vehicles with the automotive defects as soon as they found out about them and replaced the parts that were causing the problem. Instead, they buried their heads in the sand, hoping the problem would go away. For a while, it seemed it had, and then it came back with a vengeance.

If you have been seriously injured because of an automotive defect, there is a good chance the manufacturer already knew about it but kept quiet, and that is negligence. Go straight to a product liability lawyer and get started on your a lawsuit against the negligent parties.