If you believe your child suffered a birth injury due to the negligence of a healthcare provider in Scranton, you may be able to file a lawsuit and get compensated for the various costs involved. This article explores why you should hire a birth injury lawyer in Scranton.
Why hire a lawyer who specializes in birth injury cases?
If your child needed braces to correct an overbite, you wouldn’t take them to a dentist. You would take them to an orthodontist. You would take them to the professional who has the specific training necessary to solve the problem you bring to them.
It’s the same thing with attorneys. You shouldn’t take your birth injury case to a general practice attorney or even a general medical malpractice attorney. Neither of those types of lawyers has the specific experience and training necessary to handle a birth injury case.
Birth injury cases can be complicated. They often require people with specialized knowledge in navigating the many moving parts of these complex cases. Birth injury cases involve medical experts, financial experts, life care planners, physical therapists, occupational therapists, speech pathologists, rehabilitation specialists, education experts, etc. And the lawyers you hire need to have the special experience and training required to file and execute a successful birth injury lawsuit. Thus, find a birth injury attorney – that is, an attorney who has specific experience and training in birth injury law – to help you through this difficult process.
Why do I need to hire a Scranton birth injury attorney?
Some states have a unified judicial system. In New Jersey, for instance, the same rules and forms and procedures apply whether you file a lawsuit in Camden County, New Jersey or Union County, New Jersey. Pennsylvania, however, does not have a unified judicial system. Every county is different. Practicing law in Lackawanna County, Pennsylvania, for instance, is very different from practicing law in Philadelphia County, Pennsylvania. There are special forms, filings, procedures, and processes that attorneys practicing law in other counties would find downright confusing. If you plan to hire a lawyer for a birth injury that occurred in or near Scranton, you should hire a Scranton birth injury lawyer.
A Scranton birth injury attorney knows the ins and outs of the complicated Lackawanna County judicial system, has the necessary contacts at the various large Scranton-based medical institutions, and knows how to navigate every crucial stage of a successful birth injury case in Scranton.
How can I find an experienced Scranton birth injury lawyer?
If your child suffered a birth injury as a result of medical negligence, you are entitled to the kind of compensation that covers all of your child’s medical bills and fully accounts for every day of your child’s pain, suffering, and loss of life’s pleasures. Perhaps most importantly, you will need compensation that provides for your child’s specialized medical treatment, individual care, and needs for the rest of their lifetime, including when you are no longer around.
If you want an attorney who can lead you and your child through every step of the legal process, who will hold negligent doctors and hospitals accountable for the life-altering injuries they caused, and who has decades of experience, hire the attorneys at VSCP Law. They are known for their record-breaking compensation, including multiple birth injury cases exceeding $19 million, including a $29 million recovery in a cerebral palsy case.
Two of the founding partners at VSCP Law were born and raised in Scranton. If you believe your loved one has suffered a birth injury, VSCP Law is the firm you should call.
Medical errors account for almost 10 percent of all deaths in the United States each year, making medical malpractice a leading cause of death in our country. The top five most common medical malpractice claims filed against healthcare professionals are as follows:
Misdiagnosis
Healthcare providers often misdiagnose patients, which could lead to serious injury or death. For example, women are often misdiagnosed when they suffer from heart attacks. Because women and men experience heart attacks differently and doctors use the male presentation as the default, they fail to recognize the condition in women. While men may often experience chest pain or numbness in their left arms when having a heart attack, women may experience nausea, stomach pain, or dizziness. Poorly informed doctors misdiagnose women with menstrual cramps or indigestion rather than treating them urgently for the heart attacks they’re experiencing.
Delayed Diagnosis
There are many medical conditions that require prompt intervention by healthcare professionals. For example, a stroke (when blood supply to the brain is interrupted or reduced) is an urgent medical issue that requires timely diagnosis. When the healthcare professional recognizes the signs of stroke and acts quickly, they can help restore blood flow to the brain. Failure to do so will lead to oxygen deprivation in the brain, which can lead to brain damage, disability, and even death. If a healthcare professional delays diagnosis of stroke, they could be held liable for medical malpractice. Additionally, if they fail to act urgently, thereby delaying or withholding lifesaving treatment and disability-preventing treatment, they could be held liable for medical malpractice.
Misdiagnoses and delayed diagnoses can result in serious injury or death and, in those cases, the patient or their loved ones should consult a Philadelphia medical malpractice attorney immediately.
SURGICAL ERRORS
Surgeons are responsible for doing exactly what they stipulate to and nothing less. Perhaps they damage a nerve, operate on the wrong body part, leave a piece of surgical equipment (eg, gauze or scalpel) inside the body cavity, or they damage an organ. All of these mistakes support a medical malpractice action, as does any negligence by the anesthesiologist in the administration of the anesthesia. Your medical malpractice lawyer in Philadelphia can evaluate the actions and inactions of the surgical team who rendered you care and determine whether they committed medical malpractice.
PRESCRIPTION DRUG ERRORS
While prescription drugs can promote healing, ease pain, calm nerves, balance out blood levels, lower dangerous cholesterol, and regulate heart functions, they can also cause serious harm and even death, if not prescribed appropriately. Prescription drug errors include prescribing the wrong medication, prescribing the wrong dosage of medication, failure to warn a patient of serious side effects, and not considering the patient’s medical history and current prescription drug use. Your Philadelphia medical malpractice lawyer can help determine whether your doctor made an error while prescribing drugs.
BIRTH INJURIES
A birth injury refers to damage caused to a baby shortly before, during, or after their birth. Birth injuries can result in permanent damage to the baby that will last into childhood and adulthood. Common birth injuries include bone fracture, cerebral palsy, brachial plexus, vacuum extraction complications, brain damage, and encephalopathy. Your Philadelphia medical malpractice lawyer can help evaluate whether your child’s birth injuries are related to a healthcare provider’s negligence or medical malpractice.
The above are the most common and frequent claims of medical malpractice. If you believe you or a loved one has suffered an injury due to the negligence of a healthcare provider, contact the experienced medical malpractice attorneys at VSCP Law – www.vscplaw.com
Sometimes lawyers get a bad rap, unfairly. People think that if they can avoid hiring a lawyer, they should. But if you suffer a personal injury as the result of someone’s negligence, you should absolutely hire a personal injury lawyer. Here’s why:
Your lawyer will preserve your rights to file a claim. In every personal injury case, time is of the essence. Pennsylvania law allows you two years from when you knew or should have known that your injury was the result of the defendants’ negligence. There are some additional exceptional rules that only experienced personal injury lawyers know, which is why it’s crucial to hire one to investigate your case. Without a lawyer, you may lose your right to file a claim at all.
Your lawyer will help retain crucial evidence before the defendant destroys it. You read that right: the defendant in your case could destroy evidence – if you don’t demand that they preserve it. This is why you need a personal injury lawyer in Philadelphia who will take all necessary actions early enough in the process to ensure that the essential evidence remains intact.
Your lawyer will hire the right (and best) experts. Your personal injury lawyer in Philadelphia has access to the best experts in the country. They will ensure that the most appropriate and qualified experts review your case. And they will ensure that those experts write a detailed and comprehensive report to bolster your claim in court.
Hiring a lawyer significantly increases your likelihood of success. An experienced personal injury attorney will have tried at least dozens of catastrophic loss cases in an actual courtroom. They know how to present a case to a jury or judge, how to write compelling memoranda of law, and how to negotiate with fellow lawyers. These are skills the layperson simply does not possess because they are taught in law school and honed in the actual practice of law.
Your lawyer will know the true value of your case and get you the highest possible compensation. A Philadelphia personal injury attorney has been through the system, has years of experience trying similar cases, has worked against many defense firms and insurance companies, and knows the ins and outs of the Philadelphia judicial system. They know how much money you can recover and because of their vast experience, they will take all necessary steps to ensure you get the highest possible compensation for your injuries. If your case can be settled before going to trial for an amount that represents its true value, your Philadelphia personal injury attorney will ensure that the case is settled so you don’t have to go to trial. On the other hand, if the defendant isn’t offering enough money to compensate you for your injuries, then your personal injury lawyer might take the case to trial. Either way, you need an experienced personal injury lawyer to help make the right decision so you can collect the most compensation.
To find an experienced Philadelphia personal injury attorney, contact the lawyers at VSCP Law.
If you ask the general practice lawyer down the street questions about a medical mistake, they’re likely going to give you the number of a different attorney. If you call your neighbor’s lawyer with a potential medical malpractice case, they’re likely going to recommend you to a specialist in this area. There’s a reason most lawyers don’t take medical malpractice cases: they are not easy and they are complex. Read on to understand the challenges of winning a medical malpractice suit.
Medical malpractice lawyers must understand the art and science of medicine. If you have a stroke and the emergency room doctors fail to treat you urgently, you could suffer serious injuries. Your medical malpractice attorney in Philadelphia must know at least the very basics of neurology—the study of the brain, spinal cord, and peripheral nerves—to understand what was happening in your body at the time of the medical event and what the doctors should have done to properly treat you.
Medical malpractice lawyers must know the ins and outs of the healthcare system. A hospital isn’t just made up of doctors. There are nurses, physicians’ assistants, technicians, administrators, cleaning staff, pharmacists, phlebotomists, and aides. And healthcare doesn’t just take place in hospitals. Healthcare happens in private practice offices, surgical centers, emergency vehicles, pharmacies, and in private homes. And healthcare isn’t just surgery. Healthcare includes the prescription of medicines, the intake at a medical appointment, infection treatment, the transport of a patient, surgery preparation, surgery post-operative care, device implantation, and wound treatment. Medical malpractice lawyers in Philadelphia understand all the nuances of the healthcare system: who does what, where various medical treatments take place, who is liable for your injury, and whom to contact for evidence.
Medical malpractice lawyers must be versed in the complicated laws. In every medical malpractice case, time is of the essence. If you do not act efficiently and swiftly, critical information could be permanently lost or worse: You could lose the opportunity to file a lawsuit at all! Under the Pennsylvania statute of limitations, you have two years from when you knew or should have known that your injury was the result of the defendants’ medical mistake. In the case of a deceased party, Pennsylvania law allows the decedent’s loved one two years from the official death date to file a wrongful death medical malpractice lawsuit. In some exceptional cases, the plaintiff can show that the defendants “fraudulently concealed” their negligence (for instance, if they persuaded the plaintiff that their injury was not caused by their actions or inactions). In the case of fraudulent concealment, the plaintiff is granted two years from the time they discovered (or should have discovered) that the defendants’ actions or omissions could likely have caused their loved one’s death.
The above-referenced statute of limitations is not the only rule of law in a medical malpractice case. In fact, there are hundreds of different rules and procedures a medical malpractice lawyer in Philadelphia must know. Some pertain to what elements need to be included in the Complaint, how you serve the Complaint upon the defendants, when you serve the Complaint, what attachments must be included with the Complaint, how to conduct discovery, when to conduct discovery, which motions must be filed in order to preclude evidence, and then, if the case goes to trial, there are evidentiary rules and rules of procedure that govern that whole process. It takes a combination of a law school education and several years of specific experience to learn and understand the pages upon pages of complex rules and procedures.
Medical malpractice cases involve myriad complexities and it takes a specialist in medical malpractice law to overcome all the challenges and win your case. Find such an experienced Philadelphia medical malpractice lawyer at VSCP Law.
Brain injuries are tragic. Your brain is the central processing unit of your body, controlling how you feel, the way you move your body, and how you learn. When this essential organ is damaged, a person can suffer tragic injuries which can change their life forever.
Often, brain injuries are the result of someone’s negligence. For instance, an emergency room doctor delays treatment for a stroke, resulting in permanent brain damage. Or an obstetrician makes a mistake during childbirth, resulting in hypoxia (or inadequate oxygen to the brain) and the child develops cerebral palsy.
If you have suffered a brain injury in Philadelphia as the result of someone’s actions or inactions, you may be able to file a Philadelphia brain injury lawsuit. You should contact an experienced brain injury attorney in Philadelphia as soon as possible so they have time to collect evidence, evaluate the information, and build your brain injury lawsuit.
Many brain injury lawsuit plaintiffs wonder how much their case is worth. In other words, how much can they expect to be compensated for their injury? Read on to understand how the value of a brain injury case is determined.
Factors that brain injury lawyers consider in determining your brain injury lawsuit’s value are:
The extent of your brain injury. How severe is the injury? How does the brain injury manifest? Are there physical symptoms resulting from the brain damage, such as paralysis (the inability to move a part of your body)? Are there intellectual injuries? Has the person suffered memory loss or cognitive impairments? Has the person suffered speech, vision, or hearing loss?
Pain and suffering. Brain injuries can cause extreme pain and discomfort. The pain can be near the brain itself, such as headaches and migraines. And the pain can radiate to other parts of the body, causing debilitating pain. There is also a significant amount of emotional pain and suffering that brain injuries can cause, including anxiety, stress, and depression.
Medical care costs. Brain surgeries can be extremely expensive as can emergency services. What are other costs related to the brain injury? Follow-up visits, rehabilitation, nursing care, outpatient care, inpatient care, home health aides, etc. Medical care costs for brain injuries add up quickly.
Wage loss. Did the person have to stop working as the result of their brain injury? How much time did they miss from work? Will they ever be able to return to work again? What is the amount they would have earned had they not been injured?
The above factors focus more on what the brain injury victim experienced as the result of their brain injury. The following factors are more legal in nature, but still have to be weighed by your Philadelphia brain injury attorney:
Liability. Does the evidence support the argument that the defendant was negligent – or, breached the standard of care – and increased the risk of the occurrence of a brain injury?
Multiple defendants. Sometimes there is one defendant who is entirely responsible for the brain injury and sometimes there are multiple defendants involved. How much should each defendant pay to compensate the brain injury victim?
Punitive conduct. Occasionally, a defendant’s misconduct rises to the level of punitive damages. These damages are not really designed to compensate the victim per se; they are intended to punish the defendant and deter other defendants in the same position from such misconduct.
There are many factors that need to be considered in the valuation of your brain injury lawsuit. If you or a loved one suffered a brain injury, contact the experienced Philadelphia brain injury lawyers at VSCP Law.
When a doctor – or any medical provider – fails to treat their patient with competent care, that failure is called medical negligence or medical malpractice. And if that incompetent treatment causes the patient to suffer an injury, the patient likely has a viable medical malpractice claim, for which the patient – and possibly their family – may be compensated.
Your best shot at a successful outcome of a medical malpractice lawsuit in Philadelphia is to undergo a legal consultation for medical errors with a Philadelphia medical malpractice lawyer. That medical negligence lawyer will have to prove the following four essential elements:
A professional duty is the first element in a medical malpractice claim. The Philadelphia medical malpractice attorney has to establish that there was a doctor/patient (or healthcare staff/patient) relationship. They might ask: Was this medical provider charged with taking care of the patient? Did they accept the responsibility of caring for this patient? If the answer is yes, then duty has been established.
The next element in the Philadelphia medical malpractice claim is breach of duty. Once the Philadelphia medical negligence attorney has proven that the medical professional had a duty to care for the patient, the attorney must next prove that the medical professional breached that duty. In other words, they have to prove that the medical professional failed to provide the standard of care expected of them. An example of breach of duty is when a surgeon leaves a surgical tool inside the patient’s body during surgery. Surgeons are expected to remove all surgical tools used during surgery from the body cavity. If they fail to do so, they have breached the duty they owed to their patient.
The next element the Philadelphia medical malpractice attorney must prove is causation. If they can establish that the patient’s injury would not have occurred if it weren’t for the defendant’s actions or inactions, then they have proved causation. In other words, for the medical malpractice claim to be successful, the attorney must prove that the medical provider’s mistake – their negligence – led to the patient’s injuries or increased the patient’s risk of harm of sustaining the injuries. It’s not necessary to prove that the medical provider’s negligent actions were the only cause of the patient’s injuries. It’s only necessary to prove that the medical provider’s negligence increased the risk of harm to the patient.
The last element the medical malpractice attorney in Philadelphia must prove is damages. The attorney will need to establish that, as the result of the medical professional’s medical negligence, the patient suffered injuries. These injuries may be new injuries or they may be an old injury that has been aggravated or worsened due to the medical professional’s mistake.
If the medical malpractice attorney can prove the above four elements, the client’s Philadelphia medical malpractice claim will have all the essential elements to move forward in a court of law.
If you believe you or a loved one has suffered an injury as the result of a medical provider’s mistake, contact the experienced Philadelphia medical malpractice lawyers at VSCP LAW.
A common error people make after they’ve been injured as the result of someone else’s actions in Philadelphia is to try to handle the case themselves. Instead, they should immediately contact a Philadelphia personal injury lawyer. Here’s why.
A PERSONAL INJURY LAWYER WILL INCREASE YOUR LIKELIHOOD OF SUCCESS
You’ve probably heard the saying “A person who represents himself has a fool for a client.” Legal rules and procedures – especially in Philadelphia – are complex. Navigating them is challenging enough for lawyers who have gone through the rigors of law school. But if you have no formal legal training and you attempt to handle your personal injury matter on your own, there is hardly any likelihood that you will achieve an optimal result. Hiring a personal injury lawyer substantially increases your likelihood of success.
A PERSONAL INJURY ATTORNEY GETS YOU THE MOST COMPENSATION
People tend to (wrongly) think they can keep things simple by handling everything by themselves. They don’t want to get lawyers involved because they worry that there are hidden costs or that it will take too much effort or time. When you file a claim with your insurance company, the insurance company may try to convince you that they can handle everything.
But an insurance company will undervalue your case. In other words, they will tell you that they can only collect a certain amount of money (because that is the maximum amount they’d be able to collect for you). Whatever amount the insurance company tells you is typically far less than what a Philadelphia personal injury lawyer can collect for you.
A PERSONAL INJURY ATTORNEY KNOWS HOW TO TAKE ON THE OPPOSITION
People tend to forget that when they sue someone, they’re often not just suing someone, a person. They’re also suing a business or corporation. This is much more daunting because corporations have deep pockets and can hire an army of high-paid lawyers to fight on their behalf. That is typically whom you’re up against.
Even when your opponent isn’t a corporation, they could still be represented by a powerful insurance company that has a team of lawyers whose number one job it is to find any way possible to get your case thrown out.
You need to understand who is on the other side of your lawsuit. And you need a Philadelphia personal injury attorney on your side – someone who can help amplify the true value of your case – so these fierce corporations don’t take advantage of you.
A PERSONAL INJURY ATTORNEY WILL FILE YOUR LAWSUIT ON TIME SO THAT YOU DON’T LOSE THE RIGHT TO YOUR CLAIM
In every personal injury case, time is of the essence. If your Philadelphia personal injury lawyer does not act efficiently and swiftly, you could lose the opportunity to file a lawsuit at all!
Pennsylvania law allows you two years from when you knew or should have known that your injury was the result of the defendants’ negligence. There are some additional exceptional rules that only experienced Pennsylvania personal injury lawyers know, which is why it’s crucial to hire one to investigate your case.
A PERSONAL INJURY ATTORNEY WILL RETAIN CRUCIAL EVIDENCE BEFORE THE DEFENDANT DESTROYS IT
An experienced personal injury attorney knows what actions must be taken early in the process such as ordering medical records; reviewing police reports; and collecting witness statements, photographs, and videos. The presence or absence of these crucial forms of evidence could determine whether your lawsuit is successful or not.
If you were injured in a slip and fall, your premises liability attorney might collect building records, weather history, janitorial schedules, etc. If you were injured in a car accident, your accident attorney might gather auto mechanic invoices, cell phone records, and the defendants’ driving records.
And remember: Much of the critical evidence is in the possession of the defendant and if those items aren’t requested early in the process, the defendant could destroy them.
Thus, you need a Philadelphia personal injury lawyer to preserve any and all necessary evidence.
A PERSONAL INJURY LAWYER WILL HIRE THE RIGHT (AND BEST) EXPERTS
In many cases, a personal injury lawsuit is complicated and requires expert review and analysis. Your personal injury lawyer in Philadelphia has access to the best experts in the country. They will ensure that the most appropriate and qualified experts review your case. And they will ensure that those experts write a detailed and comprehensive report to bolster your claim in court.
To find an experienced personal injury attorney in Philadelphia to represent you in your personal injury case, contact the attorneys at VSCP Law.
If you believe you have been injured because of what a healthcare professional has done (or has not done), then you might have a valid Philadelphia medical malpractice claim. In case you have any doubt as to whether to hire a Philadelphia medical malpractice attorney, read on to learn the top four reasons you definitely need a medical malpractice lawyer.
A MEDICAL MALPRACTICE ATTORNEY UNDERSTANDS THE ESSENTIAL RULES ON TIMING
In every medical malpractice case, time is of the essence. If you do not act efficiently and swiftly, critical information could be permanently lost or worse: You could lose the opportunity to file a lawsuit at all!
Under the Pennsylvania statute of limitations, you have two years from when you knew or should have known that your injury was the result of the defendants’ medical mistake.
In the case of a deceased party, Pennsylvania law allows the decedent’s loved one two years from the official death date to file a wrongful death medical malpractice lawsuit.
In some exceptional cases, the plaintiff can show that the defendants “fraudulently concealed” their negligence (for instance, if they persuaded the plaintiff that their injury was not caused by their actions or inactions). In the case of fraudulent concealment, the plaintiff is granted two years from the time they discovered (or should have discovered) that the defendants’ actions or omissions could likely have caused their loved one’s death.
You need to hire an experienced Philadelphia medical negligence lawyer who appreciates the time-sensitive nature of your medical malpractice claim.
A MEDICAL MALPRACTICE ATTORNEY KNOWS THE RULES – ALL OF THEM
The above-referenced statute of limitations is not the only rule of law in a medical malpractice case. In fact, there are hundreds of different rules and procedures a medical malpractice lawyer in Philadelphia must know. Some pertain to what elements need to be included in the Complaint, how you serve the Complaint upon the defendants, when you serve the Complaint, what attachments must be included with the Complaint, how to conduct discovery, when to conduct discovery, which motions must be filed in order to preclude evidence, and then, if the case goes to trial, there are evidentiary rules and rules of procedure that govern that whole process. It takes a combination of a law school education and several years of experience to learn and understand the pages upon pages of complex rules and procedures. Your medical malpractice attorney knows the various rules and how to comply with them.
A MEDICAL MALPRACTICE ATTORNEY HELPS GATHER CRITICAL EVIDENCE
An experienced medical malpractice attorney knows what actions must be taken early in the process such as ordering medical records including hospital intake forms, nurses’ logs, doctors’ notes, lab results, diagnostic orders and test results, etc.
Other examples of evidence that needs to be gathered in a timely fashion include witness statements, photographs and videos, and physical objects that are related to the medical malpractice claim such as prescription bottles and medical devices.
The presence or absence of these crucial forms of evidence could dictate whether your medical negligence lawsuit is successful or not. A Philadelphia medical negligence lawyer will help gather the critical forms of evidence you need to win the lawsuit.
A MEDICAL MALPRACTICE ATTORNEY KNOWS THE RIGHT EXPERTS
An experienced medical malpractice attorney has a huge database of high-quality expert witnesses. It’s important to note that not only do you need a medical expert to help prove that medical negligence occurred in your case – you need a medical expert who practices the same field of medicine as the healthcare professional who harmed you. For instance, if your injuries occurred during gastrointestinal surgery, you will need an expert who is a gastrointestinal surgeon. Your Philadelphia medical malpractice lawyer is well connected with various experts and knows whom to call upon for the pertinent expert work.
If you believe you or a loved one has been injured as the result of a medical error in Philadelphia, contact the experienced medical malpractice lawyers at VSCP Law.
A birth injury can occur before, during, and/or immediately after childbirth. A parent might suspect that a child who fails to hit developmental milestones has failed due to a birth injury. Or perhaps there’s a medical condition that can be traced to trauma during delivery. The best course of action when a parent is having such concerns is to contact a birth injury attorney in Philadelphia. Your Philadelphia birth injury lawyer can help you understand whether your child’s deficits or problems may be related to a neonatal injury and whether you have a valid traumatic birth injury claim.
How do you know if your child suffered a birth injury? Read on to learn some of the major signs of birth injury.
Brain Injury
The brain is one of the most delicate organs during childbirth. It is also the most important organ in a person’s body because it controls the bodily functions as well as the cognitive
processing. Thus, birth injuries resulting in brain damage can be the most devastating of any birth injury. There are a variety of brain injuries including hypoxic ischemic encephalopathy (HIE or, also, perinatal asphyxia), brain bleeds (hemorrhages or hematomas), periventricular leukomalacia (PVL), kernicterus, cerebral palsy, caput succedaneum, and hydrocephalus. Many of these are caused by hypoxia or a lack of oxygen in the blood.
Major signs of brain injury include physical symptoms such as headaches and seizures; sensory symptoms such as sensitivity to loud noise, bright lights, and vision problems; cognitive symptoms such as executive functioning deficits, memory problems, and inability to form age-appropriate thoughts and conclusions; speech symptoms such as difficulty communicating, enunciating, or speaking at all; and behavioral and emotional symptoms such as anxiety, disinhibition, poor regulation of impulses, and depression.
“Baby Born Blue”
Sometimes after birth, a baby will appear to be blue in color. This blue skin tone is due to a lack of sufficient oxygen to support healthy red blood cells. (Blood cells are only red when they have
enough oxygen.) If the appearance of blue skin remains for several minutes after the birth, this could be indicative of a serious medical problem.
A baby could be born blue because of issues during the labor and delivery that were not managed by their health care team.
Major signs of a child who had insufficient oxygen in their blood include developmental delays, cognitive deficits, and serious and possibly life-threatening heart and lung problems.
Erb’s Palsy and Brachial Plexus
The brachial plexus is a series of nerves near the neck that provide movement and feeling to the shoulder, arm, and hand. Erb’s palsy describes the weakness and loss of motion in these body parts. Erb’s palsy is the most common type of brachial plexus palsy. This physical injury can result from difficult deliveries, such as with a large baby or where the baby was in breech position. The injury can also result from a prolonged or delayed labor — or when the person assisting the delivery exerted excessive force in pulling the baby from the birth canal.
Major signs of a brachial plexus injury include the following issues in the child’s arm, wrist or hand: numbness, tingling, discomfort, pain, limpness, or paralysis (meaning, the child cannot move the arm, wrist, or hand at all).
Birth injuries can be tragic, but parents of children who suffered birth injuries are not without legal options. A traumatic birth injury attorney in Philadelphia can help you understand your child’s injuries as well as whether you have a viable claim of liability against a healthcare provider for your child’s injuries. Don’t hesitate to get help. If you believe your child suffered a birth injury, contact the attorneys at VSCP Law.
Wrongful death cases can be quite complicated. People whose loved ones died as the result of someone else’s wrongful actions are often curious why they need to hire a wrongful death lawyer. What do these lawyers actually do? Below is an abbreviated list of the many tasks a wrongful death lawyer does to ensure your wrongful death lawsuit is successful.
ENSURES COMPLIANCE WITH THE RULES
In your wrongful death lawsuit, there are several rules with which to comply.
There is a statute of limitations. This is the rule that requires you to file a lawsuit within two years of the date of death. Failure to do this precludes you from ever filing the wrongful death claim. Two years may seem like a long time, but your wrongful death attorney will need ample time to investigate the circumstances surrounding your loved one’s death. They will need to order records such as medical records or employment records. They will need to talk with various individuals who were involved in or had substantial knowledge about the circumstances leading up to your loved one’s death. They will need to fully understand whether someone or multiple people are at fault for your loved one’s death.
There are estate rules. If your loved one died without a will, the court may appoint a personal representative called an “administrator.” An administrator of an estate may be a surviving spouse, other family member, or family friend. The administrator collects all the assets of the decedent, pays creditors, and distributes remaining assets to heirs or other beneficiaries.
If your loved one died with a will, the person appointed in the will as the “executor” has similar responsibilities to the administrator in that they must collect assets, make sure all debts and taxes are paid, and then distribute the remaining assets to the beneficiaries in accordance with law and the will.
The other important function of an administrator or an executor is the ability to file a wrongful death lawsuit. Your wrongful death lawyer helps ensure that you comply with the estate rules.
ESTABLISHES LIABILITY
To have a successful outcome of your wrongful death case, your wrongful death lawyer will have to prove that the defendant owed your loved one a duty of care, which they breached. And by breaching that duty, your loved one died as a result. This may sound simple, but it is often quite complicated and your lawyer may have to spend several hours evaluating evidence and writing memoranda of law on this important issue of liability.
CONDUCTS DISCOVERY
After the wrongful death Complaint is filed, there is a sometimes lengthy process called “discovery,” where the lawyers on both sides gather and exchange evidence. This is the period in which depositions (recordings of sworn testimony) are taken. After the discovery period has concluded, your wrongful death attorney prepares to go to trial.
GOES TO TRIAL
The trial may take anywhere from one to four weeks, depending on how complicated the case is. Some trials can last longer than that. Sometimes, there’s a wrongful death settlement before or during trial. If the case doesn’t settle before the jury returns with their verdict, then it’s the verdict that determines the outcome of your wrongful death trial.
HELPS YOU GET COMPENSATED
A wrongful death attorney evaluates the case with knowledge of all possible causes of action and claims for wrongful death damages. They know how to work with bereaved families to help them achieve a fair outcome for their wrongful death claim.
Under Pennsylvania’s wrongful death statute, there are two main categories of compensation: economic and non-economic. Economic damages are quantifiable, the exact figure can be established with documentation. They include lost wages, medical expenses, burial and funeral costs, and estate administration costs.
Non-economic damages are not quantifiable – they are more of a subjective assessment of the
sad consequences of a wrongful death. They include loss of companionship and pain and suffering.
Your wrongful death lawyer in Philadelphia will work with you to establish the extent of your damages and to make sure that the Complaint that they file contains all possible causes of actions and claims for damages.
An experienced wrongful death attorney in Philadelphia can walk you through all the important steps. Find one now at VSCP Law.