How to detect cerebral palsy in your infant

January 18th, 2012

Author: The Talaska Law Firm, PLLC

Parents in general are concerned about the health of their unborn baby and after birth, want to believe their infant is in good shape. For the most part, infants are normal and healthy. A relatively small percentage of U.S. babies born every year develop cerebral palsy (CP). The Centers for Disease Control and Prevention (CDC) estimates the annual count to be 10,000 babies. One in 303 children has cerebral palsy. The United Cerebral Palsy (UCP) Foundation reports a total of close to 800,000 people in the United State with cerebral palsy.

Signs of cerebral palsy
The most common signs of CP involve abnormal or slow development.
While normal babies develop abilities at different rates, most fall within a similar time frame. However, according to the CDC, babies with cerebral palsy lag behind, often in these ways:

* When picked up at two months, difficulty holding head up and stiff legs that cross

* When more than six months still have difficulty holding up head and can reach with only one hand while the other is in a fist

* When 10 months cannot sit without assistance and when crawl. have to use one side to drag the other side of the body

* When 12 months old, cannot crawl or stand with support

* When over two years old, still not able to walk or push a toy with wheels

Getting your child diagnosed with CP and receiving treatment through an early intervention program is vital for improved development. However, medical treatment is expensive.
If you suspect medical malpractice played a role in your child’s disability, seek legal help as soon as possible. A cerebral palsy attorney may be able to get you the compensation you need to offset high medical costs. For a free consultation, contact the Talaska Law Firm online or call (888)791-5191.

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Facts about Dyskinetic Cerebral Palsy

November 17th, 2011

The medical field establishes categories for different types of cerebral palsy (CP), and dyskinetic cerebral palsy is the second most common type. The Greek word “dyskinetic” breaks down into “dys,” meaning “bad” or “ill,” and “kinetic,” a word describing muscle movement.
While most people with dyskinetic CP are intelligent, and a significant percentage above average intelligence, they have distinctive muscle movement disorders.

Recognizing dyskinetic CP
Symptoms of dyskinetic CP include:

* Uneven muscle tone
* Stiff muscles
* Loose or flaccid muscles
* Uncontrollable muscle movement
* Difficulty standing or sitting
* Posture problems
* Grimacing or drooling
* Speech difficulties
* Trouble holding objects
* Problems directing hand movement

How does this type of CP occur?
As with all types of CP, the underlying cause is brain damage. According to the medical field, the areas of the brain that control certain movement determine the type of CP. The National Institute of Neurological Disorders and Stroke lists numerous causes of cerebral palsy. Brain damage can occur during the prenatal, birth, or post-natal stages. Oxygen deprivation during fetal development is responsible for about five to 10 percent of cerebral palsy cases. During pregnancy, other sources of CP are drug or alcohol addiction, viral infections, and poor prenatal care. Post-natal jaundice, if not treated, is a very common cause. Medical errors related to brain damage may include not properly monitoring fetal distress during labor, failing to perform a timely and necessary c-section, misuse of forceps, etc.

When medical malpractice results in dyskinetic cerebral palsy, parents often have legal recourse. If you suspect that medical negligence was a factor, speak with an experienced cerebral palsy attorney. Contact the Talaska Law Firm online or call (888)791-5191 today for a free consultation.

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Risks of Receiving Poor Hospital Care

November 17th, 2011

Since 2003 an independent health care ratings organization called HealthGrades has delivered reports evaluating and updating the extent of medical malpractice in the United States. The HealthGrades 2010 study bases its evaluation on established preventable safety events and uses Medicare patients as the patient study group. Study results showed that from 2007 through 2009, 13 patient safety indicators cost the U.S. health care system close to $7.3 billion, and approximately 54% of the $7.3 billion came from the most common medical indicators (preventable errors), which were pressure ulcers and post-operative respiratory failure.

Other examples of safety indicators were:
* 52,127 bloodstream infections
* 8,114 deaths among patients with bloodstream infections

One of the most shocking findings is that one in ten surgical patients died after developing serious, however treatable complications, including:
* Pulmonary embolism (blood clot in the lung)
* Deep vein thrombosis (blood clot in a deep vein, as in the legs).
* Pneumonia
* Sepsis (blood infection)
* Shock or cardiac arrest
* Gastrointestinal bleeding

Based on safety indicators, HealthGuard also rates hospitals and issues awards to hospitals with low numbers of safety indicators. If all hospitals operated at the level of the highly rated hospitals, HealthGrades estimates that hospitals overall could have avoided 174, 358 safety events, 20,688 senior’s deaths, and an expense exceeding $1.8 billion. Patients have close to a 50% lower chance of experiencing safety indicators at a highly rated hospital than a bottom-ranking one.
One can only wonder about the quality of care across the boards because this study only addresses Medicare patients, a demographic mainly consisting of seniors.

If you has suffered greatly or a loved one died from a preventable medical error, get legal help from an experienced medical malpractice lawyer. Our attorneys have decades of combined legal experience.

Contact seasoned medical malpractice lawyers
Find out how we can help. Initial consultations are free. Contact the Talaska Law Firm online or call (888)791-5191 today.

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Risks of Receiving Poor Hospital Care

October 28th, 2011

Author: The Talaska Law Firm

Since 2003 an independent health care ratings organization called HealthGrades has delivered reports evaluating and updating the extent of medical malpractice in the United States. The HealthGrades 2010 study bases its evaluation on established preventable safety events and uses Medicare patients as the patient study group. Study results showed that from 2007 through 2009, 13 patient safety indicators cost the U.S. health care system close to $7.3 billion, and approximately 54% of the $7.3 billion came from the most common medical indicators (preventable errors), which were pressure ulcers and post-operative respiratory failure.
Other examples of safety indicators were:
*   52,127 bloodstream infections
*   8,114 deaths among patients with bloodstream infections
One of the most shocking findings is that one in ten surgical patients died after developing serious, however treatable complications, including:
*   Pulmonary embolism (blood clot in the lung)
*   Deep vein thrombosis (blood clot in a deep vein, as in the legs).
*   Pneumonia
*   Sepsis (blood infection)
*   Shock or cardiac arrest
*   Gastrointestinal bleeding
Based on safety indicators, HealthGuard also rates hospitals and issues awards to hospitals with low numbers of safety indicators. If all hospitals operated at the level of the highly rated hospitals, HealthGrades estimates that hospitals overall could have avoided 174, 358 safety events, 20,688 senior’s deaths, and an expense exceeding $1.8 billion. Patients have close to a 50% lower chance of experiencing safety indicators at a highly rated hospital than a bottom-ranking one.
One can only wonder about the quality of care across the boards because this study only addresses Medicare patients, a demographic mainly consisting of seniors.
If you has suffered greatly or a loved one died from a preventable medical error, get legal help from an experienced medical malpractice lawyer. Our attorneys have decades of combined legal experience.
 Contact seasoned medical malpractice lawyers
Find out how we can help. Initial consultations are free. Contact the Talaska Law Firm online or call (888)791-5191 today.

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Four Burdens of Proof for Medical Malpractice

September 29th, 2011

Proving negligence on the part of the medical practitioner makes medical malpractice cases similar to other injury cases. Whether suing a doctor, nurse, dentist, hospital, or nursing home, the same steps to prove negligence apply. The medical malpractice attorney must show that:

* The practitioner established a patient-doctor relationship and therefore owed the patient a duty of care
* The practitioner failed to uphold the medical standards that other professionals in the same field uphold
* There was a cause-effect relationship between the practitioner’s failed care and the outcome for the patient
* The patient suffered injury as a result

Significant differences between medical malpractice and other injury cases
One of the main differences between medical malpractice and other injury cases is the medical standard of care factor. Proving a doctor’s failure to abide by medical standards requires expert testimony. You need a comparable medical professional practicing in the same field of medicine to testify. For example, if you were suing a dentist, the lawyer would need a dental expert to testify about practice standards not being met.
Medical standards extend to a lot of different procedures, such as following medication instructions when dosing patients or explaining risks that certain procedures involve, referred to as informed consent. Failure to adhere to these standards may provide evidence of malpractice. When a doctor promises certain results, such as perfect vision through Lasik eye surgery, and the patient suffers worsened vision because of surgical error, a breach of warranty may apply to the case.
The bottom line is that if you suspect medical malpractice, you should get a legal opinion. When medical malpractice occurs, handling the expenses of corrective surgery or in the worst cases, the financial burden of permanent disability should not be your problem.
Arrange a free consultation with our medical malpractice attorneys
Find out how we can help. Initial consultations are free. Contact the Talaska Law Firm online or call (888)791-5191 today.

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Facts you should know about medical malpractice

September 28th, 2011

When considering a medical malpractice claim, there are facts you should know about bringing a case, such as the timeframe for filing a lawsuit.
Statute of limitations
Each state establishes its own deadlines for filing claims based on whether the civil action is for personal injury, wrongful death, some other type of tort, or as discussed here, medical malpractice. The legal term for such a deadline is “statute of limitations.”
Texas law
Medical malpractice in Texas is based on Tex. Civ. Prac. &Rem. Code, Section 74.251 (a), which states that the claimant has only two years to file a claim from the occurrence of the breach or tort or from the date the medical or health care treatment subject to the claim was completed. The statute states that minors under the age of 12 have until their 14th birthday to file. However, this part of the statute for minors was declared unconstitutional under a later court case ruling, establishing that the statute for minors starts to run when they reach the age 18.
Statute 74.251 is a significant change in Texas law. Prior to 74.251, the statute of limitations ran from the date the injury was discovered. For example, if during an examination, a physician x-rayed and discovered the cause of a medical complication was a scalpel left inside the patient from a previous surgery, the statute of limitations would run from that point of discovery. However, under the legal change, if the patient does not discover the error within two years of the surgery date where the surgeon initially made the error, the patient loses the right to sue based on the statute of limitations. Yet, fraudulent concealment of the error provides an exception. Other laws also come into play that may be in your favor, and if you have a medical malpractice concern you should seek a legal opinion.
Our law firm handles medical malpractice cases throughout Texas and nationwide. We offer a free initial case evaluation to discuss your potential case. Contact the Talaska Law Firm online or call (888)791-5191 today to arrange a consultation with one of our experienced medical malpractice lawyers.

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Preventable medical errors and suspected malpractice

September 28th, 2011

Medical errors seriously injure patients and cause death every year. However, building a case for medical malpractice rests on whether the doctor met acceptable healthcare standards, and not every injury or death is subject to legal action.
Because of the complexities involved in bringing a malpractice lawsuit, medical malpractice lawyers must acquire the knowledge, skills, and wherewithal to pursue a viable case. A case requires medical experts to evaluate whether the practicing medical professional failed to meet standards of practice and to prove a causal relationship between medical errors and the injury or death. Aside from the medical factors, state laws and case laws are also relevant to cases and an experienced injury lawyer must weigh the legal prospects of winning the case.
Medical malpractice statistics
The National Academies reported that medication errors were among the most common preventable medical errors, harming an estimated 1.5 million people every year. Medication errors are just one specific type of medical malpractice, but they give an idea of how widespread malpractice is.

The Bureau of Justice Statistics in tracking and studying trends reported that medical malpractice jury trial litigation in 1992, 1996, and 2001 revealed:
* 90% of medical malpractice trials involved plaintiffs who claimed malpractice caused death or permanent injury
* About one half of sampled trials were against surgeons and one third against non-surgeons
* Medical malpractice plaintiffs had a win rate of 27%, which by comparison was half of plaintiffs in all tort trials which have win rates of 52%

If you suspect that you or a loved one was a victim of medical malpractice, have an experienced medical malpractice lawyer review your situation. Given the prevalence of medical malpractice, it is highly possible that malpractice occurred. By discussing your potential case with legal counsel you can receive an honest professional opinion. Our seasoned medical malpractice lawyers offer a free initial case evaluation. Contact the Talaska Law Firm online or call (888)791-5191 today.

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Legal costs and fees for a medical malpractice suit

September 13th, 2011

Medical malpractice lawsuits are expensive to prosecute because they require comprehensive investigation, expert evaluation, and testimony by medically trained professionals. In fact, because of the expertise and expense involved, not all personal injury law firms handle medical malpractice cases. Such cases are more difficult to win than other injury or wrongful death cases. And some states have caps on the amounts of monetary recoveries plaintiffs can receive.
Expenses that a law firm may invest in an average medical malpractice case can vary anywhere from $20,000 to $50,000, depending on the case. Very complex cases that require extensive research, investigation, and expert testimony may require investments upwards of $100,000 or more.
Contingency fees
Medical malpractice lawyers represent clients on a contingency fee basis. What this means is that the lawyer takes a percentage of the recovery when successful through settlement or verdict. Percentages vary and some states have caps on the lawyer’s percentage of recovery. Percentages may be 20 to 40 percent and some lawyers set lower percentages for cases that settle instead of going to trial.
Generally, the client and attorney negotiate the percentage fee when the lawyer agrees to take the case. Because medical malpractice cases present significant challenges, malpractice lawyers only take on cases when they are confident they can win.
Find out whether you have a viable medical malpractice case
Discussing your potential case is time well spent when you discover you can seek compensation to cover medical expenses. Initial consultations are free. Contact the Talaska Law Firm online or call (888)791-5191 today.

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Why you should talk with a malpractice law firm

September 13th, 2011

Medical malpractice is a highly specialized area of law. Expert review, analysis, and testimony by medical practitioners are necessary to prove a malpractice case. One of the main criteria that decide whether medical malpractice occurred is whether injury resulted from the failure to meet acceptable medical standards. Was the medical professional’s response or handling reasonable and was it the way a comparable medical professional would have responded using accepted medical standards, given the same circumstances?
As a lay person, you have no sound basis for judging how a court would view your case. However, experienced medical malpractice attorneys study case law, review evidence, and have track records that enable effective evaluation of potential malpractice cases. Lawyers know what types of cases insurance companies settle or take to trial, how juries respond, and how a judge is inclined to rule. In short, talking with a malpractice law firm tells you whether you have a viable malpractice case.
How prevalent are medical errors?
According to HealthGrades (an independent health care ratings organization), if the Centers for Disease Control & Prevention (CDC) recognized medical errors as a cause of death (which CDC does not), medical errors would rank as the sixth leading cause of U.S. deaths, surpassing deaths caused by diabetes, influenza, pneumonia, Alzheimer’s disease, and renal disease.
Most people who suffer from medical malpractice or with loved ones who were the adverse effect of a medical error do not report the incident or seek legal help from a medical malpractice attorney. Common myths create the belief that malpractice suits and skyrocketing medical malpractice insurance rates are driving doctors out of business. However, medical malpractice cases represent a very small percentage of tort cases heard by U.S. courts every year.
Take advantage of a free medical malpractice evaluation
Discuss your potential malpractice case with an experienced medical malpractice lawyer. Find out whether you can seek compensation to cover medical expenses. Contact the Talaska Law Firm online or call (888)791-5191 to schedule a no cost, no obligation consultation today.

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Challenges parents face with paying for cerebral palsy

September 13th, 2011

Cerebral palsy (CP) is brain damage resulting in movement, muscle tone, and motor skills difficulties. CP can also create speech, hearing, vision, and learning disabilities. Typically, cerebral palsy occurs prior to or during child birth, and according to the Mayo Clinic doctors can often detect it soon after birth or within the first two years of childhood.
Benefits of early intervention programs
During a child’s early developmental years, learning is potentially the easiest and this time of their life is the most crucial learning period. Early intervention programs that begin as soon as possible after diagnosis can help improve the child’s development and provide the most benefit.
Such programs usually involve a team approach between specialists such as doctors, nurses, physical therapists, and dieticians.
Costs of programs
While the costs are initially quite high, in the long run, the earlier such programs start after birth, the more cost-effective they prove to be. According to one study noted at cerebralpalsycosts.com, total costs ran 25 percent higher when parents waited until age six. It took more time to catch the children up, which incurred greater expense. Now most states legally require that intervention programs start around age three.
A study conducted by Waitzman et al in 1996 estimated annual medical treatment costs as follows (1996 prices):

Age 0–1 $16,236
Ages 2–4 $9,848
Ages 5–17 $11,451
Ages 18+ $19,349

Based on adjusted consumer price index rates, 2011 costs would be::

Age 0–1 $20,944
Ages 2–4 $12,704
Ages 5–17 $14,773
Ages 18+ $24,960

If you suspect your child’s cerebral palsy resulted from medical malpractice, an experienced medical malpractice lawyer may be able to help you seek compensation.
Free cerebral palsy case evaluation
Get legal help to cover the high costs of medical treatment. Contact the Talaska Law Firm online or call (888)791-5191 to schedule a free, no obligation case evaluation with one of our attorneys.

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