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Birth Errors

If you or your newborn baby suffered injuries that were birth-related and you feel the doctors, medical staff or hospital was to blame, read on to learn more about medical negligence and when it is possible to pursue damages against the negligent party.   Medical malpractice happens when reasonable care is not followed by the hospital, doctor or medical staff during labor or delivery. Malpractice occurs when the harm could have been prevented had the doctor chosen the correct treatment or used the care or proper skill during the birth.   Childbirth is a very emotional time and when things do not go as expected emotions can run high. For a legal perspective, contact an experienced medical malpractice attorney to discuss your situation and determine whether or not your situation can be perceived as negligence and eligible for damages.   Here are examples of injuries that occur at birth that could have been preventable.   Cephalohematoma is the name of the birth injury that occurs when a vacuum extraction is used. Blood pools in between the cranial bone and the skin and the condition is typically resolved within three months with no medical intervention.  Caput Succedaneum is a similar result of using vacuum extraction. This is seen visually as bruising and swelling of the scalp and this will usually go away after a few days.   Brachial plexus birth palsy, also called Erb’s Palsy occurs as the result of the neck or shoulders of the baby is stretched extensively during childbirth. A nerve cluster around the neck is damaged, resulting in numbness, weakness and loss of range of motion in the arms of a baby. There are different levels of severity to this condition ranging from going away on its own to needing surgery or physical therapy if it is still present at three months.   Bone fractures that happen during delivery to the collarbone or clavicle. This is a fairly common occurrence that is sometimes unavoidable. However, if the doctor knew this could happen and did not offer an alternative course of delivery, such as a C-section, he/she should have suggested the other options.   What situations justify pursuing a legal recourse?   As in all medical malpractice cases, the level of care that is appropriate for each circumstance has to be examined. If this doctor performed like any other doctor with the same skillset, they are said...
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3 Characteristics of Medical Malpractice Claims

Experienced Lawyer Medical malpractice occurs when a doctor, hospital or other medical staff has made an error or oversight which led to the patient suffering injuries. A mistake could have been made during the examination, diagnosis or treatment process. If you or a loved one believes you have suffered from medical malpractice, we highly recommend consulting with an attorney for guidance. Such cases of medical malpractice can be complicated and tricky, which require knowledge from an experienced legal professional. In order for our office to pursue a medical malpractice lawsuit, there are three characteristics which must apply to the incident: #1 Violation of the Standard of Care There is a standard of care that all medical practitioners must follow. The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. After establishing the standard of care (the amount of care that a reasonable person would have exercised in the circumstances, to succeed in a tort claim for negligence) the plaintiff must then prove that the defendant(s) fell below that standard of care. A patient has the right receive a standard of care from his or her doctor, when it comes to examinations, diagnostics, prescriptions and treatment plans. An attorney can evaluate the incident to determine whether your doctor may have deviated from this standard of medical care. #2 An Injury Resulted Due to the Error In order for a claim of medical malpractice to be legally valid, the patient must also show proof that he or she suffered injuries due to the error or oversight. It is important to understand the difference between a doctor that made a vital mistake, and a situation where there was an unfavorable outcome. If the patient did not get the results he or she wanted, this does not mean the doctor committed medical malpractice. Sometimes, certain treatment plans and procedures come along with risks that the patient must be prepared for. #3 The Injuries Caused Substantial Damages Thirdly, the medical malpractice must have led to significant damages. The patient must bring forward evidence that they faced significant financial and physical damages due to the medical error. Depending on whether the damages were small or large, an attorney can...
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Bankruptcy and Divorce

Bankruptcy Attorney Memphis Many couples deal with financial issues and, unfortunately, those issues often lead to the breakup of many marriages. This can result in an almost domino-effect turn of legal events because it is also not uncommon for a person or couple to file for bankruptcy as a result of a divorce. If you are struggling with financial issues and facing the breakup of your marriage, consider contacting a bankruptcy attorney Memphis relies on to find out what your legal options are. Bankruptcy attorneys can help their clients gain a fresh financial start and rebuild their credit. Chapter 7 With a chapter 7 bankruptcy, the person filing really does have an opportunity for a financial fresh start. Some of the benefits to a chapter 7 filing include: The client does not have a limit on the amount of debt they can include in their bankruptcy. The client is not required to go through a repayment plan for any of the debt included in the bankruptcy. Chapter 7 bankruptcy discharges more debt than other types of bankruptcy a client can file. There are legal requirements to chapter 7 bankruptcy filings that your bankruptcy attorney can explain. For example, there are certain income limitations and there are limits on how often you are allowed to file for chapter 7, which is determined by the state you live in. Filing for Joint Bankruptcy Prior to Divorce Some couples choose to file for bankruptcy jointly as a couple before the commence divorce proceedings. There are several benefits to this, including: You and your spouse do not exceed the income limitations set forth in the U.S. Bankruptcy Code. Addressing marital debt prior to divorce will help ensure a fairer outcome instead of trying to negotiate the division of debts and property in a divorce settlement. This can actually make the divorce proceedings go quicker and smoother since bankruptcy will eliminate any disagreements of how property and debt should be split between the couple. Filing for Individual Bankruptcy after Divorce There are situations where a bankruptcy attorney may recommend waiting until after the divorce before filing for bankruptcy. Some of the more common reasons include: If each spouse’s individual income qualifies them for chapter 7 but combined income exceeds makes them ineligible and they would be required to file chapter 13 if they filed as a couple. If the client earns significantly less than...
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