Shoulder Dystocia (also known as Erb’s Palsy and Brachial Plexus) is unfortunately an all-too-common result of birthing delivery. Quite often, medical negligence is the culprit. This really is why the law requires that doctors ensure all stages of pregnancy through delivery proceed carefully and with constant monitoring and quick, calm reaction.
Signs Of Shoulder Dystocia
Shoulder Dystocia is very serious that occurs when a shoulder or an arm is injured due to the result of an inadequate or unsafe delivery.
Signs of Shoulder Dystocia include:
* Any loss of sensation in the affected arm or shoulder area
* Any type of paralysis or immobility in the affected area
* Atropy or smallness of damaged limbs
Risk factors may sometimes compromise deliveries. The most common risk factors associated with delivery complications include:
* Maternal size: obesity/smallness in stature
* Small pelvic areas or misshaped pelvic areas
* Gestational Diabetes
* Oversized babies
* Breeched births
* Laboring periods extended from the norm
* Longer pregnancy term
* Assisted births (forceps used, vacuum extractor used, c-section births)
Negligence or Medical Malpractice
When a child delivery is occurring, most doctors are extremely careful to help ease the baby into the world in a safe and appropriate manner. However, there are occasionally complications where it's medically necessary for a doctor to use forceps, a vacuum extractor or to conduct a c-section to keep the baby and mother safe. Of course, if a doctor makes a bad decision or an inappropriate action they might be held in medical malpractice.
Medical negligence may occur when doctors or nurses:
* Fail to respond quickly to fetal distress
* Miss the 41/42-week mark (extended pregnancy)
* Fail to treat a condition of the mother during the pregnancy which might be harmful
* Fail to fix twisted or compressed umbilical cords
* Use forceps and/or vacuum extractors without need
* Refuse a c-section when necessary
* Ignore essential post-care birth procedures
Delivery And Birthing Legal Rights
While getting ready for the birthing process, parents should become informed on this complication and many others which are possible. Legally parents have the right to question a doctor and ask for an inquiry if they feel a doctor acted inappropriately during the birthing process. If it's determined the doctor indeed acted inappropriately during the birth, the parents should certainly gain the assistance of an experienced attorney to help them gain the compensation their family and child deserves.
Monday, August 30, 2010
Thursday, August 26, 2010
Accidents on the Water - How You're Protected
Seamen, sailors, captains of boats, fisherman and other employees who spend their workday on the water are protected by Maritime Law. This type of law pertains to work-related or boating accidents which occur. Often these accidents occur to those people who are working on the water or on boats in the water.
Often victims of this array of accidents will be protected even further under the Jones Act. This kind of Act was developed to help protect the rights of seamen who might otherwise be uncovered legally since they work on the water. Lawyers who are knowledgeable and experienced in the Jones Act can help victims and their families feel confident they are protected and are legally represented well to find the compensation they rightfully deserve, as quickly as possible.
Fault of negligence is the basis of the Jones Act. After an accident occurs, the injury claim is investigated. If the investigation determines the negligence is the responsibility of the plaintiff the awarded amount is then subtracted out of the 100% compensation. For example, if in the investigation it is found the seaman is 30% negligent for the accident which occurred to him, the awarded amount will be the remaining 70% only.
This process is called Comparative Fault and via it the account of fault of everyone involved is determined. Lawyers who specialize in Maritime Law and the Jones Act most often work on contingency which means the lawyer is paid when the injured party collects their payment, as well.
While the injured person is waiting on their trial to be completed and their award to be given, they are qualified to gain “Maintenance and Cure”. This is financial assistance to help the injured person pay their bills, pay for food and pay for living expenses. This type of compensation continues until an awarded no-fault Worker’s Compensation is given. The “Cure” area of this kind of plan deals with the cost of medical treatment or any other costs needed to help the injured person regain their health. These things can help the injured person until the trial is over.
While injures on work related boats do occur, most water related injuries occur on recreational boats or watercrafts. Many times these involve jet skis, fishing boats, kayak or other water vessels. In these cases, a personal injury attorney would be beneficial as they can sort out personal negligence cases (which depend on the state when the accident occurred).
US Coast Guard reveals most drowning accidents are due to the result of personal negligence because not all states require boating training. They would expect the death rates to drop incredibly if all states did require training, however.
Lawyers who specialize in Maritime Law will help you if you or a member of your family is injured or killed in a boating accident. Contact one immediately to begin the entire process of gaining the compensation you deserve.
Often victims of this array of accidents will be protected even further under the Jones Act. This kind of Act was developed to help protect the rights of seamen who might otherwise be uncovered legally since they work on the water. Lawyers who are knowledgeable and experienced in the Jones Act can help victims and their families feel confident they are protected and are legally represented well to find the compensation they rightfully deserve, as quickly as possible.
Fault of negligence is the basis of the Jones Act. After an accident occurs, the injury claim is investigated. If the investigation determines the negligence is the responsibility of the plaintiff the awarded amount is then subtracted out of the 100% compensation. For example, if in the investigation it is found the seaman is 30% negligent for the accident which occurred to him, the awarded amount will be the remaining 70% only.
This process is called Comparative Fault and via it the account of fault of everyone involved is determined. Lawyers who specialize in Maritime Law and the Jones Act most often work on contingency which means the lawyer is paid when the injured party collects their payment, as well.
While the injured person is waiting on their trial to be completed and their award to be given, they are qualified to gain “Maintenance and Cure”. This is financial assistance to help the injured person pay their bills, pay for food and pay for living expenses. This type of compensation continues until an awarded no-fault Worker’s Compensation is given. The “Cure” area of this kind of plan deals with the cost of medical treatment or any other costs needed to help the injured person regain their health. These things can help the injured person until the trial is over.
While injures on work related boats do occur, most water related injuries occur on recreational boats or watercrafts. Many times these involve jet skis, fishing boats, kayak or other water vessels. In these cases, a personal injury attorney would be beneficial as they can sort out personal negligence cases (which depend on the state when the accident occurred).
US Coast Guard reveals most drowning accidents are due to the result of personal negligence because not all states require boating training. They would expect the death rates to drop incredibly if all states did require training, however.
Lawyers who specialize in Maritime Law will help you if you or a member of your family is injured or killed in a boating accident. Contact one immediately to begin the entire process of gaining the compensation you deserve.
Saturday, August 21, 2010
Building Accident Employer And Employee Rights
Workplace safety is very important, which is why the Occupational Safety and Health Administration (OSHA) has regulations set to ensure all employees and employers are safe at all times.
What employee rights include:
* The authority to have the ability to view or access a copy of all workplace safety standards, regulations and rules must be given to all employees, as needed or desired.
* Employees have the right to be given access to any employee exposure or medical records as they desire or require them. This of course pertains to the employee's personal medical records.
* Employees have the authority to request an OSHA official to look for any potential dangers or hazards at the workplace, via an inspection. Another qualified person may be able to fill in instead of an OSHA official, however. The employee has the right to be with the inspector upon the inspection date, in addition to be present during the employer and inspector discussion.
* To require their names remain undisclosed to their employer, upon request, if they endorse and submit such a request in the form of a written compliant.
* To be free of any action that might be deemed retaliatory or discriminatory in nature on the part of the employer as a result of any OSHA compliant request.
Obligations Of Employers:
* Employers must provide employees with a safe workplace every day.
* To disclose all employees of all OSHA standards, rules, regulations and other mandates as they pertain to the workplace.
* To display the official chart of all OSHA standards, rules, regulations and mandates in an open, easily accessed, commonly trafficked area of the workplace so that every employee may see and review it anytime.
* Employers are required to develop a comprehensive hazard communication plan. The plan must offer proper container labeling, material information being used at work and safety sheets for employee review. In addition, it's required of the employers to give training to all employees on workplace safety.
* The employer is required to offer medical and exposure records for review by employees. They should be offered upon the hire date, each year after and at any other time requested by the employee.
If a construction worker is injured physically or killed due to a workplace situation, the employee or the family of the deceased employee does carry a right to collect damages due to them by law. These damages can include lost wager, medical bill hardships, costs for rehabilitation, compensation for emotional distress, pain and suffering compensation, financial compensation and other punitive damages for negligence. Worker's Compensation is given to all workers injured while working.
If you or a loved one has been killed or injured due to a construction job, please contact an experienced construction accident lawyer immediately to learn more on your rights. You may be able to be compensated for your physical, emotional or financial loss.
What employee rights include:
* The authority to have the ability to view or access a copy of all workplace safety standards, regulations and rules must be given to all employees, as needed or desired.
* Employees have the right to be given access to any employee exposure or medical records as they desire or require them. This of course pertains to the employee's personal medical records.
* Employees have the authority to request an OSHA official to look for any potential dangers or hazards at the workplace, via an inspection. Another qualified person may be able to fill in instead of an OSHA official, however. The employee has the right to be with the inspector upon the inspection date, in addition to be present during the employer and inspector discussion.
* To require their names remain undisclosed to their employer, upon request, if they endorse and submit such a request in the form of a written compliant.
* To be free of any action that might be deemed retaliatory or discriminatory in nature on the part of the employer as a result of any OSHA compliant request.
Obligations Of Employers:
* Employers must provide employees with a safe workplace every day.
* To disclose all employees of all OSHA standards, rules, regulations and other mandates as they pertain to the workplace.
* To display the official chart of all OSHA standards, rules, regulations and mandates in an open, easily accessed, commonly trafficked area of the workplace so that every employee may see and review it anytime.
* Employers are required to develop a comprehensive hazard communication plan. The plan must offer proper container labeling, material information being used at work and safety sheets for employee review. In addition, it's required of the employers to give training to all employees on workplace safety.
* The employer is required to offer medical and exposure records for review by employees. They should be offered upon the hire date, each year after and at any other time requested by the employee.
If a construction worker is injured physically or killed due to a workplace situation, the employee or the family of the deceased employee does carry a right to collect damages due to them by law. These damages can include lost wager, medical bill hardships, costs for rehabilitation, compensation for emotional distress, pain and suffering compensation, financial compensation and other punitive damages for negligence. Worker's Compensation is given to all workers injured while working.
If you or a loved one has been killed or injured due to a construction job, please contact an experienced construction accident lawyer immediately to learn more on your rights. You may be able to be compensated for your physical, emotional or financial loss.
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