Posted by Anna on Dec 1, 2015 in Cerebral Palsy | 0 comments
There is a period when getting pregnant was like a death sentence. There is a 50-50 possibility that the mother, the youngster, or both may die during childbirth. This was because in the past, a woman gave birth at home and if she was fortunate, would have a midwife in attendance who would know more than the mother about it, but not much.What exactly the injury of childbirth did not do, contamination and infection would complete since sanitation wasn’t a top concern.
Of course, these things are no longer correct, and while moms and kids still die in the complications of childbirth, the quantities are the approach. On hand, a reliable obstetrician will be generally speaking to assist with a birth, before performing the action and everybody wipes their hands. Nevertheless, you may still find occasions when birth injuries occur that may bring about death or ongoing health problems for that kid.
According to the website of The Driscoll Firm, a team of attorneys located in Philadelphia, a surprisingly high number (2 from 1,000 live births) of youngsters present with all the characteristics of cerebral palsy (CP) after-birth. Evidence implies that a substantial amount could be due to medical malpractice whilst the correct reason behind neonatal CP is not acknowledged.
CP can be a motor development problem where the affected could have moderate to significant trouble in preventing their actions, with respect to the form of present. These affected by the more serious kinds of CP would be incapable of taking care of themselves and would require special attention throughout their lives.
At birth, CP may be due to several facets, for example cause exposure of mom or an intrauterine infection’s profile during pregnancy. However, it is also feasible that the CP resulted towards the child’s head before from an inadequate flow of air, during, and after the challenges of childbirth. Medical neglect kicks in if the physician does not follow the method that is standard to clear the newborn’s airways immediately upon distribution, leading to CP development.
Cruise ships are definitely an enjoyable way to travel. Passengers are promised the luxury of five-star hotels while they move from one exotic destination to the next. There are also excursions and in-land activities to look forward to, promising passengers the opportunity to explore the locales in the itinerary and experience plenty of adventures. Unfortunately, there is no guarantee that passengers won’t face certain risks and dangers while taking part in these excursions. Excursion accidents are a serious cause for concern.
Dock accidents are among the most common hazards associated with cruise ship incidents. These accidents happen when ships fail to dock at the port properly, causing instability issues as passengers disembark from the vessel. The unstable lurching can cause passengers to slip and fall, leading to injuries that can have grave and even lifelong consequences. While minor falls can result in broken bones and lacerations, a passenger who falls flat on his back or hits his head can suffer from more serious injuries such as spinal cord damage and head trauma. Other injuries that can result from dock accidents include several knee injuries such as dislocation.
Incidents such as these should not eclipse the enjoyable vacation promised by cruise lines to their passengers. Cruise lines have full responsibility to ensure that these accidents are prevented by taking necessary steps and precaution of safe docking. Failure to meet these expectations can have grave effects for the passengers that have put their trust on these cruise lines. As a result of dock accidents and injuries, passengers have the right to pursue legal action and receive compensation to cover medical expenses and other fees. Visit a cruise ship lawyer website to learn more about what people can do after being involved in cruise accidents.
Posted by Anna on May 4, 2015 in Hotels | 0 comments
The city of Milwaukee is a city that prides itself on being in touch with both the modern era as well as its historical roots. Are you going to be visiting the city any time soon? Whether it’s for business or pleasure, The Pfister Hotel is one bound to impress.
The hotel is one of the historical landmarks in itself as it was completed in 1893. In its own time, it was one of the more innovative places around. One of the first to offer such luxuries such as electricity, thermostat controls, and even fireproofing, this hotel has always been one step ahead from the get go. While it still retains its historical roots, it remains to continuously improve as well as provide its guests with not only an authentic experience but also a comfortable one.
Staying at this hotel is to submerge yourself in culture and art as it prides itself on having the largest collection of Victorian art in the world. A tip for tourists when checking into this hotel is to check into one of the older rooms in order to truly get the genuine Pfister experience. Beauty surrounds its every nook and cranny, perfect for those snapshots that will definitely be worth remembering.
Rumor has it that the hotel is even home to a few ghost stories. Typical, for a building of its age, but if you want to find out the truth for yourself: why not try a stay? There have been no reported extreme incidents but there have been some stories that have been shared here and there. If a full experience is what you’re looking for, a stay at The Pfister Hotel is one that is sure to deliver.
Posted by Anna on Mar 3, 2015 in Car Accidents | 0 comments
Anyone can have a rollover accident if the circumstances are right, but it is also true that some cars are more likely to “tip over” than other vehicles. Low vehicles like sedans usually have a low center of gravity (COG), which means it is closer to the ground. It takes a lot of force to flip a sedan over. Sport utility vehicles (SUVs), however, are a different story. SUVs have a high profile, meaning they ride higher relative to their width. They have a higher COG, which makes them easier to flip even if it isn’t “tripped.” This doesn’t necessarily mean that a tall vehicle will roll over, though. It depends on how wide it is as well.
A good way to think of it is a mug and a juice glass of the same height. If the wind is gusty enough, it can knock the juice glass down but not the mug. This is because even though they are the same height, the juice glass is narrower and has a higher COG than the mug.
How can you tell if your vehicle’s COG is high enough to put you at risk of rollover accidents?
Studies have been made of vehicles per model type based on the risk to rollover. It is important to do your research about this because rollover accidents are often much more serious than your average fender bender. According to the website of Pohl and Berk, the injuries associated with rollovers include traumatic brain or spinal cord injury, multiple fractures, and extensive soft tissue damage.
If you or a family member has sustained serious injury because your vehicle’s design caused a rollover accident, you may have a defective design case against the manufacturer. Find out more my consulting with a rollover accident lawyer in your state and get the compensation you deserve.
Posted by Anna on Dec 23, 2014 in Personal Injury | 0 comments
Minnesota-based medical device developer and manufacturer Medtronic is facing more than personal injury lawsuits from INFUSE Bone Graft patients. Medtronic investors have again filed a class-action suit against the company and its officials for fraud. If the courts find that Medtronic officials misled investors by covering up the problems with INFUSE by manipulating research results, this would smoothen the way for personal injury plaintiffs. Medtronic CEO has also been accused of hiding the fact that the Food and Drug Administration (FDA) had denied another version of INFUSE called Amplify.
However, Medtronic had already successfully settled a shareholder lawsuit over INFUSE in 2012 for $85 million without admitting to any crime or culpability. If Medtronic is able to settle with investors this time around, the lawsuit will not help individuals who are currently suffering the side effects of INFUSE prove their case.
The INFUSE product is supposed to help people with specific bone grafting needs in the spine and the mouth. It is not approved for the neck area or the cervical area of the spine because there is the possibility of overgrowth which can lead to pain, infection, and other complications that may require multiple surgical interventions.
Many patients currently suing Medtronic were not aware about the problems associated with INFUSE or the dangers of off-label use until after they began to suffer serious complications. Many patients claim that INFUSE has made a bad situation (original complaint) worse. Bone problems aside, INFUSE has been implicated in an increased risk of sterility and cancer. If you have suffered serious injury or medical conditions caused by the product, you may have a valid claim for compensation. It would not do to wait too long as the statute of limitations may run out. Explore this information on the website of a personal injury lawyer in your area as soon as possible.
Posted by Anna on Oct 24, 2014 in Personal Injury | 1 comment
Spinal cord injuries are not all the same. It can be partial or complete, simple or complex. The spinal cord is where a myriad of nerves runs down the middle of the back which serves as signal carriers between the brain and the rest of the body. When the spinal cord is damaged for whatever reason, the signals can be disrupted, preventing the body from receiving the orders of the brain. Damage to the spinal cord can be through trauma or disease.
Spinal cord injury through trauma can result from:
- Physical assault
- Car accidents
- Worksite accidents
- Gunshot or knife wounds
- Sports injury
The severity and location of the damage will determine the extent of the signal disruption. In car accidents or similar blunt force trauma, broken bones can be shoved into the spinal cord from the force of the impact or alternatively the force can compress the vertebra enough to damage the spinal cord. So while there may be no outward physical damage, the spinal cord may be affected and should be immobilized to avoid more damage. This is why first responders in car accidents are cautioned not to move an injured person unless absolutely necessary.
The effects of spinal cord injuries range from mild and temporary to complete and permanent paralysis. The most serious spinal cord injuries are when they occur in the high cervical nerves (C1-C4) which are located nearest to the neck. Many victims of negligent car accidents sustain this kind of injury and become completely disabled, requiring 24-hour care and a radically reduced quality of life. As pointed out on the website of law firm Crowe Mulvey, the financial and emotional burden can be overwhelming.
If you have sustained spinal cord injuries because of the negligence of others, you should seek compensation for this potentially life-changing injury. Contact a personal injury lawyer in your area for an initial assessment of your case.
Posted by Anna on Sep 20, 2014 in Personal Injury | 0 comments
Wrongful death claims are lawsuits that are filed by the family or heir of the deceased against the people responsible for the death of the victim. The plaintiff on this case is usually the immediate family who has the legal right to file a case against the defendant for their negligent or reckless actions that resulted to the death of the victim. Majority of these cases are made in order to demand damages following the wrongful death and get compensation in place of financial support, pain and suffering of the victim before the death occurred, expenses paid for the funeral services, and other damages that would apply. The plaintiff’s personal injury lawyer will be the one to determine the extent and coverage of the compensation depending on the state statute and context of the case.
In cases of stillbirths, in order to have a personal injury case there must be negligence or intentional motives that caused the death. In order to have a strong case you and your personal injury lawyer should follow the procedures listed in the medical malpractice procedures that would eventually prove the liability of the defendant. Stillbirths are a complicated case because there are states where wrongful death statutes do not apply for stillborns, while there are states that require fetus to be alive and moving in the mother’s womb. For states that do not view stillborns as wrongful deaths, parents can still file a number of cases depending on their circumstance, such as negligent infliction of emotional stress.
Wrongful death claims for stillborns require the defendant to have acted negligently or with intent of causing stillbirth. In order to prove this, the plaintiff should establish that the infant have a great chance of survival outside the womb, or through the help of medical aids. Infants in and over the age of 24 weeks are generally considered viable or alive, therefore should the negligent or intentional act was committed before the “viable “stage, then there will be no wrongful death case. Because of the complications of stillbirths in wrongful death cases, it is important to consult with a lawyer to determine the chances and legal aspects of the case.
Posted by Anna on Jan 22, 2014 in Employment Law | 0 comments
The Employee Retirement Income Security Act (ERISA) of 1974 is a law that decides the minimum standards to which voluntary established pension plans (along with private industries’ health plans) give protection to those enrolled in these plans. They are tasked with regulating the finance, administration and vesting regulations of pension plans for workers who are in the private industries and businesses. These statutory requirements that rule over the pensions of employees upon retirement are the main reason why the law was passed and designed to preserve and protect the employees’ right to their pensions.
One thing an employee must understand that ERISA does not necessitate each employer to have a pension plan, rather those companies who choose to have them must meet with certain minimum standards. It does not legally state the amount of benefit that every pensioner should receive, and establish comprehensive funding rules which gives obligation to the plan sponsors to have enough finding for the plan. Those who wish to avail of the pension plan must meet the needed length of years work before being eligible for the plan. They have to accumulate benefits and have a non-forfeitable right for the benefits. In cases of breaches of fiduciary duty and bad faith litigation, the ERISA gives the pensioner the right to sue so that they can have their pensions.
There has been many amendments to the ERISA in the past years, among them is Consolidated Omnibus Budget Reconciliation Act (COBRA) which gives the employees and their families the right to continue the health coverage for a certain amount of time due to significant event (such as losing a job), and the Health Insurance Portability and Accountability Act (HIPAA) that covers vital and new protections to employees (and their families) suffering from a pre-existing medical condition or could suffer discrimination on their health coverage brought about by the person’s health.
It may seem like a dream vacation to many, but for workers in a cruise ship the long shift hours and life at sea for great lengths can take a toll on the mental, physical, and emotional health of a person. People who work on cruise ships put themselves in danger twice as much as those who take vacations on these big sea cruisers.
The occupational hazards that come with working on a cruise ships are numerous: these hazards can cause disease, permanent disability, and even death. Recognizing these occupational hazards and having proper training and various risk-reduction programs may not be enough to prevent an accident from happening. Cruise ships operate 24-7, therefore the risks of accidents are present all throughout the voyage.
Common workplace accidents that occur in a cruise ship (particularly for workers) are slip and fall, burn injuries, food poisoning, diseases, and even physical assault. Working for a cruise ships is not as luxurious as it seem, as workers who become injured does not have the comfort of a hospital for proper treatment. Although there may be medical support from the cruise ship itself, it may not be enough to medicate serious cruise ship injuries and afflictions. This usually is the biggest problem that cruise ship workers worry when they get injured while on the sea.
Fortunately, anyone who has suffered any type of injury due to management negligence is eligible for workers compensation. Worker’s compensation will be given to those who have become injured while on the job, and should cover for medical expenses, rehabilitation, lost wages, and other possible damages and expenses that occurred until the worker was able to return to work.
The promise of big money and the chance to travel around the world while earning may be the reason why many people choose to work in a cruise ship, but as with any type of work, occupational hazards are always present and could potentially cause serious injuries when they are neglected or taken for granted. Aside from being familiar with the hazards that the occupation comes with, workers should understand how they can address incidents should an unfortunate event occur. Employers who neglect such necessary trainings, equipment, and safety rules and procedures will be fined by government agencies that are tasked to monitor safety and health in workplaces.
Posted by Anna on Jan 6, 2014 in Criminal Law | 1 comment
According to the website of Kyle Sampson, Attorney at Law, theft, also known as larceny, is described as illegally taking or carrying away of another person’s property with the intention of depriving the person permanently. The term “theft”, however, has a broad meaning in legal terms, and it can cover a number of categories and level of degrees of crimes. Theft can be done in a number of ways: petty theft is theft of property whose value is less than a state’s specified amount, while felony theft or grand theft is theft of anything over the state’s specified value.
Other types of theft depend on each jurisdictions categories or classes. Embezzlement is a type of theft committed by a person who appropriate property trusted upon them through fiduciary duty. Burglary is considered theft, whether it is forced entry or trespassing. Account to some Waukesha Criminal Defense Lawyers, robbery is theft by force or fear and this type of theft can have harsher punishment if a deadly weapon was applied. Theft by deception comes in two types: false pretenses where a person misrepresents the truth in order to acquire property, and larceny by trick you ask permission to borrow but was not given consent. Possessing stolen property is called theft by possession, and anyone charged with this crime should prove that (1) you don’t have possession, (2) you were not aware that the item is stolen property, and other proof of theft.
To counter a theft charge, you should prove that intent was lacking in the committing of the crime. Because theft is generally an intent-crime specifically, it must be proven that the intent to deprive the owner permanently of the property was present when the act occurred. This provides a good defense, as this is not an easy thing to prove.