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Syracuse Personal Injury Law Blog

Defining wrongful death and its elements

If a baby dies due to the negligence or misconduct of another person, then they may be held responsible by the family through a wrongful death lawsuit. The family is unable to recover their lost child, but they can attempt to recover compensation from the accused in the form of damages.

A wrongful death lawsuit can only be made by the family of the deceased. A wrongful death lawsuit can come about due to a variety of scenarios. Common scenarios that can lead to this lawsuit include:

Proving negligence in a brachial palsy injury case

Brachial palsy is a type of birth injury that occurs in the brachial plexus and occurs twice for every thousand births. The brachial plexus is a concentration of nerves that connect the arms and hands to the spinal cord. Brachial palsy or Erb's palsy as it's commonly referred to occurs when too much force is applied to the head and neck region while the baby is being delivered. This most often happens to large babies when medical personnel is overzealous with their use of suction equipment or gripping tools when delivering the baby.

When too much force is applied to the neck and shoulder region while pulling the baby out, the little body can't handle it and nerves in the brachial plexus rupture thus causing nerve damage. This can cause serious long term damage ranging from loss of sensation in the hands to paralysis of the whole arm. An indicator of brachial palsy is that the baby will normally not move the affected arm and keep it tucked in beside the body.

Dealing with hospital and medical malpractice

Anyone responsible for your health care can be slapped with a medical malpractice and negligence suit. But it is important to understand that proving fault in these cases is the most crucial aspect. Although doctors generally face malpractice cases, hospitals and pharmaceutical firms might also face this challenge. Going through medical treatment is difficult in itself, without the added worry of medical malpractice. If you feel that you did not receive the medical attention required, you have the right to sue the facility.


Bring a claim against your doctor for misdiagnosis

Doctors find themselves in a unique position in our society. Any person with any sort of medial issue consults a doctor to find the solution to the problem. The level of trust and responsibility placed on the shoulders of a doctor requires him to conform to a certain standard of care and diligence. However, doctors, like the rest of us, are at the end of the day merely humans and are bound to make erroneous judgments.

If a patient has been wrongly diagnosed or has not been diagnosed in a timely manner, the patient may suffer harm or injury due to the delay or misdiagnosis. This, in turn, may lead to the doctor being held negligent. Generally, doctors provide a list of probable causes of the illness, and this is known as a "differential diagnosis." The standard of care is a key factor in assessing malpractice. If the doctor did not conform to the standards expected of a reasonable, prudent doctor while giving out the diagnosis, then a doctor may be held liable for malpractice. However, proving malpractice for misdiagnosis is not easy. If a doctor does not diagnose a patient with a particular illness, and that illness later develops in the patient, it will be hard to hold the doctor liable in such a circumstance.

Be cautious when mixing medications

Most drug interactions are easy to anticipate, especially when your doctor has an up-to-date list of your current medications. Patients are required to fill out certain medical forms, answer health questions and list current medications they're taking whenever they see a doctor. Depending on how often you visit the doctor or how many doctors you see, it's possible you have a lot of experience with these practices.

Who can be held accountable for birth injuries?

It is commonly thought that in the case of a birth injury or medical malpractice claim, only the doctor can be held accountable. In actuality, the hospital, nurses, other medical staff and even the pharmaceutical companies can be held accountable.


Could cancer startup reduce delayed-diagnosis claims?

A former Google executive has launching a startup with a personal agenda. After losing his wife to colon cancer, Jeff Huber hopes his new startup, Grail, can develop a test that will detect cancer early. He hopes to prevent more late diagnoses, like his wife's, that can make cancer more difficult to treat.

The startup is looking to raise $1 billion in venture capital to develop a test that can detect any of the main types of cancer, Forbes reported recently.

Would you trust a doctor on a 28-hour shift?

The experts say you shouldn't drive a car without a full eight hours of sleep. Would you perform a medical procedure?

The Accreditation Council for Graduate Medical Education (ACGME), an organization that oversees residency requirements for doctors in training has suggested changing the maximum shift from 16 hours to 28 -- working over two days straight. The proposal recently closed to public comments and is set for review in February 2017.

Can a party partially responsible for an accident claim damages?

Motorcyclists while having the most freedom on the road are also the most vulnerable as there is very little protection offered by the bike in the case of a collision. Furthermore, motorcyclists are quite small in comparison to cars and thus are easy to overlook and miss when in heavy traffic. Compared to cars, motorcycles require far more skill and concentration to drive as they lack stability compared to cars. 

Driver in Tracy Morgan truck accident case won't go to jail

If you've been following this blog, you're probably aware of the ongoing case of the truck driver whose drowsiness caused him to collide with comedian Tracy Morgan's limo back in 2014. The accident took the life of Morgan's dear friend James "Jimmy Mack" McNair and left Morgan in critical condition with a traumatic brain injury and several broken bones.

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