According to the National Vital Statistics Reports, the US infant mortality rate declined from 6.89 deaths per 1,000 births in 2000 to 5.79 in 2017. During that period, the age of women giving birth rose, which is a substantial contributing factor in the decline in infant mortality. Sadly, the infant mortality rate is highest among minority women, reflecting disparities in care, substandard medical care, inadequate prenatal testing and racial bias in health care.

Medical Malpractice Versus Wrongful Death
Depending on the applicable state law, different rules may apply for medical negligence that results in a miscarriage as opposed to wrongful death of a viable fetus or a newborn. Some states refer to the death of a nonviable fetus as simply a medical negligence claim because wrongful death laws are not applicable. However, some states recognize that the death of a fetus during childbirth results in a wrongful death claim. If a newborn dies during the neonatal period, a wrongful death claim applies.

Wrongful Birth
Similarly, some states recognize claims for wrongful birth or wrongful life. These causes of action arise when genetic defects are not identified through routine prenatal testing, or abnormal test results are not conveyed to the parents in a timely or accurate manner. When a child is born with substantial birth defects, some states permit the parents to sue if there was medical negligence during the prenatal. Other states will not recognize these claims for damages.

Finding Fault
The death of a baby is a catastrophic event. These cases are always factually dense because the perinatal period (the period involving the prenatal period, labor and delivery and the neonatal period) involves a variety of medical specialists, including an obstetrician, a neonatologist, and a pediatrician. Often, in these cases, issues arise that require consultation with a pediatric infectious disease expert, a geneticist, or a pediatric neurologist.

Contact an Attorney
If you have suffered the loss of a baby in the health care setting and have concerns about medical negligence, medical mistakes, nursing negligence, obstetric negligence, hospital negligence, or other medical errors, it is important to contact an experienced medical malpractice lawyer early in the process. Time limits may apply for filing a lawsuit. Most skilled medical negligence attorneys will examine records and conduct a thorough investigation on your behalf as part of a free consultation.

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Both federal and state law regulate a person’s right to privacy in the health care setting.  Under federal law, the Health Insurance Portability and Accountability Act (HIPAA) regulates the use, maintenance and transfer of an individual’s protected health information. The HIPAA law was enacted simultaneously with federal funding of electronic medical records throughout the hospital industry. The federal law provides specific requirements for protecting such health care information, including training requirements for hospital employees, as well as physical and technical safeguards.

Unfortunately for patients, however, the HIPAA law does not include any private right of action. This means that when there is a HIPAA violation, there is no civil penalty or recourse such as a lawsuit included in the law which will allow an aggrieved patient to recover from the hospital for its breach of the law. This is truly a law without teeth. Aggrieved patients must look to their own State’s law to determine whether a private right of action exists independent of the HIPAA law.

State common law may recognize several claims that may apply to a hospital’s breach of a patient’s right of privacy. For example, hospitals owe a fiduciary duty to each of their patients. Any misuse of a patient’s protected health information might be characterized as a breach of fiduciary duty. Likewise, state common law may recognize a claim for breach of the right to privacy. Finally, if information is used with the intent to embarrass the patient, a claim for intentional infliction of emotional distress may arise.

The law pertaining to misuse of a patient’s health information is often unsettled. Some important issues remain unresolved in various States’ courts. For example, what is the measure of damages? In addition, if a hospital employee is trained regarding proper use of healthcare information but nonetheless misuses a patient’s protected information for their own purposes, can the hospital be held liable? Finally, does the HIPAA law preempt State law that provides a private remedy for violations of the HIPAA law? The last question is the subject of a case pending in the Ohio Supreme Court. Again, other States law might treat these issues differently.  When a State’s law does not directly address questions pertaining to violation of the right to privacy, we look to other resources such as the Restatement (2nd) of Torts and the law of other jurisdictions.

In addition to the right to privacy arising out of the doctor-physician relationship and duties owed by all healthcare workers to patients, a reasonable expectation of privacy exists in the setting of the privacy of one’s home or residence, whether temporary or permanent. For example, an individual staying at a hotel has a reasonable expectation that their activities within the hotel room, after the door is closed, are private and not the subject of videotaping or other surveillance. Likewise, a tenant would not expect that the landlord has placed a nanny cam or other surveillance device inside the rental property. In fact, monitoring an individual’s activities in the setting of the privacy of their home or other residence might be considered a crime, commonly known as voyeurism or a “Peeping Tom” law.

A related issue arises with wiretapping. State law varies regarding when one individual may record a conversation taking place over a phone or via an Internet connection. Some States require both parties to the conversation to give permission to one another for the communication to be recorded. Other States permit lawful recording when one party to the conversation so chooses. In yet other States, certain categories of individuals are allowed to record private communications, while others cannot. For example, it is considered unethical in the State of Ohio for a lawyer to record a conversation with a client without that client’s knowledge and consent.

Each State has a statute of limitations that sets a deadline for filing a lawsuit arising out of a violation of an individual’s right to privacy. You must check your own State’s laws to determine the applicable statute of limitations. Failure to file a lawsuit within the statute of limitation results in a time bar which precludes recovery of compensation for injuries caused by the violation of your right to privacy. You should contact a personal injury lawyer in Cleveland, OH, such as from Mishkind Kulwicki Law Co, LPA, as soon as you are aware that your rights have been violated so that the lawyer can advise and protect you.

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Contact an Attorney
Many people don’t recognize how often medical malpractice occurs. Every year there are thousands of people that are either injured from scientific negligence or medical malpractice. Some patients might even die from illness or injuries that could have been dealt with or prevented with proper medical care. If this happens to you or your loved one has been injured, or if your loved one has died as a result of medical malpractice, you can contact a professional, experienced lawyer, like a medical malpractice lawyer in Kansas City, MO from Royce Injury Attorneys, for help. Medical malpractice claims can be hard because health records have to be researched and guidelines and regulations need to be followed as a way to prove that injuries had been aggregated or sustained due to the medical negligence or medical malpractice.

Common Medical Malpractice Claims
Since medical malpractice can happen in many different situations, medical malpractice claims can take many specific forms, for many reasons. Some of the common medical malpractice claims are:

• Birth injury – when an infant is born, medical malpractice can arise because of mistakes made in the delivery of the infant.
• Cerebral palsy – this is a medical condition that occurs due to abnormal brain growth, which causes brain damage. Many times cerebral palsy can be caused by medical errors or medical malpractice, which include birth injury.
• Failure to diagnose – in case your healthcare provider fails to diagnose you for an illness or injuries, they could be held accountable for medical malpractice because they did not prescribe a treatment, and as a result allowed the illness or injuries to progress.
• Medication errors – if you are prescribed the incorrect drug, it is considered medical malpractice, and the results can be disastrous. If you are allergic to certain substances, the wrong medicinal drug can even cause death.
• Defective medical devices – if you are injured or suffer medical problems because you’re given or prescribed a faulty medical device, the healthcare provider can be held responsible from any damages or injuries sustained.
• Wrongful death – every year, thousands of people die from medical malpractice or medical negligence. If any of your loved ones died because of medical malpractice, you could contact an experienced medical malpractice attorney.

Medical malpractice or medical negligence can cause serious health issues for people. If you or a loved one has been the victim of medical malpractice, you’re entitled to compensation for the ensuing medical bills, misplaced wages, loss of leisure of life, and other damages.

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Medical malpractice lawyers handle anesthesia malpractice lawsuits on occasion.  There are three types of anesthesia of varying intensity used for surgical procedures. General anesthesia is a combination of medications required for thousands of operations; it puts patients into a sleep-like state to eliminate pain and movement during procedures. Regional anesthesia numbs larger areas of the body being worked on, like an arm or leg. Lastly, local anesthesia is used for minor procedures and numbs smaller areas of the body without rendering the patient unconscious, like a tooth. Every person reacts to anesthesia differently, some more negatively than others. Anesthesiologists are required to carefully evaluate their patients’ charts, medical history, prescriptions, weight, age, and other components to determine the correct dosage prior to their procedures. 

During a surgery, a patient’s anesthesiologist continuously monitors their vital signs to ensure everything is going smoothly. Signs that something is amiss include a lack of oxygen to the brain and an elevated heart rate. When an anesthesiologist fails to notice these signs or to rectify these problems before they cause damage to the patient, it is considered medical malpractice. Other causes of malpractice can include providing the wrong dosage or type of anesthesia, as well as failing to actually put the patient under.

In 2005, a 36-year old man passed away due to anesthesiology malpractice that occurred during an elective hernia repair. During the patient’s preoperative interview, he informed his anesthesiologist that he had a history of asthma, obesity, and difficulty breathing. Despite these facts, the defendant decided to move forward with general endotracheal anesthesia. Endotracheal anesthesia is administered through a tube that is intubated into the patient’s respiratory system, usually down their throat. 

The 2-hour procedure went smoothly and after it was complete, the patient was given a reversal agent for the anesthesia and was extubated. Once the tube was removed, the patient began to struggle with his breathing. He was extremely uncomfortable upon awakening post-operation so was given bag-valve-mask ventilation (BVM) to promote oxygen flow through his airway. The patient’s blood oxygen levels continued to lower, so his doctors used a scope to check his upper airway. The scope exposed his airway to be swollen with excess liquid. He was re-intubated, however his oxygen levels continued to drop. Around an hour after surgery, the patient coded after experiencing respiratory arrest; resuscitation was attempted with no avail. 

After the patient passed away, his family sued the anesthesiologist claiming, “that the defendant deviated from the accepted standard of care for the average qualified anesthesiologist when he failed to immediately recognize and appreciate the patient’s postoperative respiratory crisis, and immediately re-intubate the patient after initial attempts to ventilate him with a bag and mask failed.” The case was settled before going to trial for $2 million. 

If you or a loved one has encountered any form of medical negligence or medical malpractice due to anesthesiology, seek legal counsel with a lawyer, like a medical negligence lawyer in Cleveland, OH from Mishkind Kulwicki Law Co., LPA, immediately. Timing is crucial when presenting a medical malpractice case to the court so do not wait. The attorney can conduct a thorough investigation and determine if you have cause for filing a lawsuit. You may be eligible for compensation after seeking legal recourse for your anesthesiology malpractice case.

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If you were riding your bicycle when a car collided with you, you may have been severely injured. You might currently be hospitalized, or you may have been admitted for a short time immediately after your accident. Depending on how badly you were hurt, your medical bills and other injury damages could be significant. If you unable to work because of your injuries, you may not be earning income which makes it challenging to make ends meet much less pay for costly medical treatment. What are your options for getting compensation from the driver who hit you? Even if they deny that they are responsible, you may have legal recourse for recovering your damages from them. Contact a law firm today and request a consultation.

What is the importance of establishing liability?

When sufficient proof is provided that establishes who was at fault for an accident, the at-fault party can be held liable for any damages that they caused others. Establishing liability is always important but it is especially so when the at-fault party denies responsibility. When a bicycle accident lawyer accepts a case, it is predicated on a reasonable belief that establishing the client’s right to compensation should be possible. From there, it is a matter of collecting proof and documenting the facts. Once completed, the injury claim will clearly establish which motorist was responsible for causing the accident, and will demand payment for damages you suffered.

What is included in a personal injury claim?

In addition to the proof of liability on the part of the motorist, the claim will also include all of the damages suffered by the bicyclist in the accident. The victim’s bicycle accident lawyer will assign a dollar value to each damage item. The value is based on legal precedent and current costs for any of the following that may apply to the victim:

•         Surgical costs to date plus any future surgeries that will be necessary.
•         Medical devices including wheelchair rental, crutches, walker, shower bench, etc.
•         Modifications to the home to make it accessible. For example, an exterior ramp for wheelchair access to the home or a stair lift to access upper floors of the house.
•         Modifications to the individual’s vehicle to enable them to operate it.
•         Physical and occupational therapy.
•         Prescription medications.
•         The amount of income they have not been able to earn due to their injury and recovery time.
•         Pain and suffering.
•         Emotional distress including depression, anxiety, and post-traumatic stress disorder.

Do I need to hire a bicycle accident lawyer?

This depends on the seriousness of the injuries you sustained. If they were relatively minor, you probably do not need a lawyer. However, if your damages are severe and will be costly, the at-fault party’s insurance company is more likely to deny your claim. Hire a top rated bicycle accident lawyer in Salt Lake City, UT to protect your right to full compensation.

Thanks to Rasmussen & Miner for their insight into personal injury claims and bike accident injuries.

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The Pennsylvania Department of Health has dubbed the state’s opioid problem as “the worst public health crisis” in the state.   Affecting residents from small towns to major cities such as Philadelphia and Pittsburgh, 78% of Pennsylvania counties had an overdose death rate higher than the national average in 2016.  In fact, the overall overdose death rate in Pennsylvania is over double the national average.  The crisis is so significant that on January 10, 2018, Governor Wolf signed a 90-day statewide disaster declaration.

It’s important to understand the role that physicians play in the opioid and addiction crisis.  According to the 2016 DEA Drug Overdose Report, of the 4,642 drug-related overdose deaths in statewide, opioids were found in 85%.  Staggeringly, 25% of these opioids were validly prescribed by a physician.

The opioid crisis developed as physicians started prescribing opioids for chronic conditions that are painful, but not life-threatening, such as joint or back pain and osteoarthritis.  This led to acute pain medication overprescribing.  The diversion of leftover or extra medication puts additional people at risk, with up to 20% of all opioid pills prescribed in the United States actually being taken for nonmedical reasons.  Individuals who became hooked on legally prescribed opioids frequently turned to illegal drugs to continue to feed their addiction; some 65% of heroin users report using prescription opioids first before switching to heroin.

Despite prescribing protocols from the Center for Disease Control and access to Pennsylvania’s Prescription Drug Monitoring Program, many physicians fail to appropriately prescribe and monitor opioids.  This can lead to a spiral of addiction and injury that some patients cannot overcome.

In 2017, a Missouri Court of Appeals upheld $15 million in punitive damages against a St. Louis doctor and hospital for overprescribing painkillers to a man suffering from chronic back pain.  The physician prescribed three opioids at the same time.  Despite knowledge of dependency, the physician filled requests for early refills and continued to increase the medication dosage, in absence of consultation, to levels far higher than the upper limit of the medication’s dosing parameters.

If you or a loved one have been unnecessarily prescribed opioid pain medication that has resulted in injury, a serious health problem, or wrongful death, contact the Wieand Law Firm, LLC for a free case review.  The Wieand Law Firm, LLC will take the time to listen and provide that skilled advice you need to take action and seek fair compensation for your injuries, lost wages, and suffering.

To speak with the best medical malpractice lawyer in Philadelphia, call the Wieand Law Firm, LLC today at 215-666-7777 to receive a free, no-obligation consultation.

Disclaimer:  This article is for informational purposes only and is not legal advice.

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Chances are, the next time that you are stopped at a busy intersection, one of the other drivers within your line of sight is uninsured or underinsured.  In 2017, the Insurance Research Council found that 1 out of every 8 drivers in America was uninsured.

In Pennsylvania, drivers are required to carry insurance that covers personal bodily injury, property damage liability, and personal injury protection.  Bodily injury liability insurance helps pay for the medical expenses of another person who was injured in a crash in which you were at fault.  Similarly, property damage liability helps cover the repairs for damage that you caused to another person’s car or personal property during an accident.  Personal injury protection insurance is an extension of auto insurance that covers medical expenses, and often lost wages.  Considered “no fault” insurance, as it covers the insured person regardless of who was at fault for the accident.

Unfortunately, despite the laws requiring that all drivers maintain these insurance coverages, not all drivers maintain the required level of insurance coverage.  Uninsured drivers fail to carry insurance altogether, while an underinsured motorist carries insurance but it is insufficient to cover the cost of the damages caused by the accident.

One of the best ways to protect yourself from uninsured or underinsured motorists is to carry uninsured and underinsured motorist coverage as part of your auto insurance coverage.  This coverage offers protection through your own insurance company if you are injured or have damages from an accident covered by an uninsured or underinsured motorist.  Additionally, it can be helpful to “stack” policies for multiple vehicles on the same insurance plan.  This allows the claimant to collect the Uninsured or Underinsured policy benefits for multiple vehicles on one accident claim.

Whether an at-fault driver in your accident was uninsured or underinsured, the journey to journey to obtaining the compensation you need for medical bills, lost wages, and other financial damages will be complex and difficult. An experienced personal injury attorney can navigate your claim, helping you to understand the damages sustained and your legal options.

If any of these scenarios apply to your unique situation, you should speak with a qualified personal injury attorney.  The Wieand Law Firm, LLC will take the time to listen and provide that skilled advice you need to take action and seek fair compensation for your injuries, lost wages, and suffering.

To speak with a car accident lawyer Philadelphia, PA residents recommend, call the Wieand Law Firm, LLC today at 215-666-7777 to receive a free, no-obligation consultation.

Disclaimer:  This article is for informational purposes only and is not legal advice.

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It has been reported that Michael Bragg, who was previously employed as a charge nurse at UPMC, plead guilty for possession of child pornography and other related charges. Michael Bragg is now incarcerated at Franklin County Jail. As part of this investigation, authorities discovered that Michael Bragg had also recorded patients at UPMC Pinnacle Carlisle emergency room while changing their clothes. Video recordings of patients undressing were found on his computer. Many patients who were able to be identified have been notified by the Pennsylvania Attorney General about their ongoing investigation.

In addition, UPMC Pinnacle Carlisle may be liable for monetary damages to patients if it is determined that they recklessly or negligently failed to supervise Michael Bragg and protect patients from being video recorded without their knowledge or consent. Accordingly, Michael Bragg’s victims should speak with a sexual abuse lawyer as they may be entitled to compensation. A sexual abuse lawyer in Pennsylvania can help you file a claim and advise you on the value of your case.

To speak with an attorney at the Wieand Law Firm contact us through our online contact for or call us at 888-789-3161. The consultation is free and always confidential. There are strict time limits in which you can file a claim. The time limit to file a claim is called a statute of limitations. If the statute of limitations expires in your case you will lose your right to file suit. Therefore, you should speak with an attorney as soon as possible in order to protect your rights.

We are actively investigating cases against UPMC and Michael Bragg. In addition to preserving your right to file a claim, our experienced sexual abuse lawyers can take steps to preserve evidence which will be needed to prove your case at trial. This is extremely important because in a civil claim the Plaintiff has the burden of proof. As time passes, memories may fade and key evidence may be lost or destroyed. Therefore, it is vital you speak with an attorney as soon as possible. Our advocates are standing by and ready to stand up and fight for your rights.

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Many personal care homes lack sprinkler systems that would extinguish a small fire and prevent it from
spreading.   Because the Department of Welfare doesn’t require sprinkler systems in all assisted living
facilities, some providers choose not to install them.  This is particularly dangerous, as seniors in
personal care homes are often at higher risk of accidentally starting a fire than the general population.
Some residents have cognitive deficits and may be unsafe using the stove or oven in their residence.
Residents who smoke may accidentally drop the cigarette into a bed or sheets sparking a fire.  A resident
with mobility deficits and cognitive loss may be unable to effectively respond to contain or control an
accidental fire.

When a fire does occur, unsafe staffing levels and inadequately trained staff are sometimes unable to
respond in a way to prevent resident injury and death.   Many residents in personal care homes have
cognitive of physical deficits and are unable to evacuate without physical assistance or verbal cues.  Yet,
many personal care homes operate at minimum staffing levels, especially on overnight shifts.  Staff
members who are unfamiliar with the facility’s fire policies may respond incorrectly during a fire
emergency.  Laundry room fires are often the result of staff members who do not properly care for the
equipment in a way that maintains safety.

If you are considering placing a loved one in a senior care facility, ensure that the facility has adequately
addressed fires safety.  Be sure to ask questions regarding the smoking policy, resident access to cooking
equipment, staff training on fire safety, and the presence of fire extinguishers and sprinklers.
Philadelphia’s seniors deserve the protection from injury and wrongful death from fire within their
senior living facilities.

To speak with an experienced nursing home injury lawyer at the Wieand Law Firm call us today at 215-
666-7777. The consultation is free and there is no obligation.

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Tire and Tread Pressure

Get into the habit of visually inspecting your tires before you drive. Look for signs of wear and tear or problems, such as a nail stuck in your tire wall. Check the tread of your tire for bald spots and wear. Try the penny test: Insert a penny, with Lincoln’s head pointing down toward the tread, into a tread rib on your tire. If the top of his head disappears, your tread is in good shape. If you can still see his whole head, your tread depth is no longer deep enough to keep you safe from blowouts. Check tire pressure as well. Low pressure can conduct heat faster and cause more friction.

If the manufacturer is responsible for inadequate tires, you may have a case. It’s important to contact an attorney for more information on your specific situation.

Tire Maintenance

A visual inspection can help you prevent blowouts, but you should also engage in more in-depth tire maintenance regularly. Have a licensed mechanic check your tires at least every time you get an oil change, or more often. The mechanic should check tire pressure and tread for signs of a problem. Rotate your tires often and replace old tires when your mechanic recommends that you do so. Routine maintenance can greatly decrease the odds of tire blowouts.

If the at fault vehicle was improperly maintained, you may have a case. Call a lawyer now for more information.

Overloaded Vehicle

Check the weight limit on your tires. Don’t surpass this weight limit, even if you’re going on a long summer vacation and need to load your vehicle with luggage and equipment. Overloading your car or truck can place too much pressure on your tires, possibly leading to a blowout. Poorly maintained tires are at an even greater risk of shredding under too much weight.

If your tires blow out as a result of overloading but your vehicle didn’t exceed the standard, instructed weight limit specifications, you may have a case. It’s important to include an attorney in evaluating whether or not a claim should be filed. 

How can I truly know? 

There are many scenarios in which defective tires causing injury may warrant a lawsuit. To truly know whether or not you have a case, contact an attorney today. A skilled professional can help you understand the nuances of your situation, as well as outline whether or not specific guidelines and regulations apply to you. For more information, contact a lawyer from Wieand Law Firm today.

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