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Recent Blog Posts
Was Negligence Behind An Umbilical Cord Injury?
Almost 11,000 babies are born every day across this nation, according to the Centers for Disease Control and Prevention. And although childbirth is a common occurrence, labor and delivery complications are also common. While there are many birthing complications that occur for a variety of reasons, one of the most common complications arises when infants don't receive adequate oxygen during labor and delivery.
Unborn babies rely on their mothers' placentas and umbilical cords to receive oxygen, water, and nutrients during the nine months of pregnancy. However, the importance of the umbilical cord doesn't stop there; it needs to provide oxygen all the way up until a baby takes his or her first breath following delivery.
Understanding the Importance of the Umbilical Cord
The umbilical cord is the lifeline between the fetus and the mother. It connects the baby to the placenta, which allows for oxygen to be transported to the baby, carbon dioxide to be transferred out, and nutrients transported from the placenta to the baby. All of this occurs through the two arteries and one vein that make up the umbilical cord. Because the umbilical cord is critical for the baby to receive adequate oxygen, it is important that no problems occur involving the umbilical cord during pregnancy, labor, and delivery.
Commercial Vehicle Crash Claims Can Be Complicated
Every day in the DC area, we share the road with commercial vehicles of all sizes. Generally, commercial vehicles are bigger and heavier than the average car; so when traffic accidents occur with commercial vehicles, those in smaller vehicles generally suffer serious injuries. Commercial vehicles in Virginia are responsible for 4% of all crashes, about 5% of all traffic injuries, and they account for over 10% of all traffic fatalities statewide, according to Virginia DMV. Although commercial vehicles are only responsible for a small percentage of accidents on our roadways, they can be devastating due to the physical injuries, emotional trauma, and the financial burden they cause. This is why our law firm aggressively and passionately fights for victims of commercial vehicle accidents in DC and throughout Virginia.
Types of Commercial Vehicle Accidents We Handle
There are a wide variety of commercial vehicles on our roads, ranging from smaller cars to box trucks to semis and heavy construction vehicles. Some of the different types of commercial vehicle accident claims our law firm handles include:
What Does Pain And Suffering Mean In A Medical Malpractice Claim?
If you are like most people, you probably have heard the term "pain and suffering" and know that juries frequently award this type of compensation in lawsuits, but you may not know if it applies to you or how it relates to medical malpractice claims.
From a legal perspective, pain and suffering in a medical malpractice case relates to the physical and mental suffering a victim endures as a result of a doctor's negligence. It is the compensation awarded to an injured victim known as non-economic damages (a component of a plaintiff's damages). Unlike economic damages that compensate victims for medical bills, lost income, and other exact dollar amounts related to their injuries, non-economic damages don't have exact calculations.
Understanding the Two Types of Pain and Suffering
You can experience physical pain from injuries, but you can also suffer emotionally. We explain the difference here:
- Physical pain and suffering. This is defined as the physical harm that a patient suffered as a result of an act of medical malpractice (e.g. bodily injuries, disfigurement, scarring, etc.). Physical pain may make it difficult for a victim to sleep, perform physical activities, or even work, which often leads to the mental or emotional component of pain and suffering.
Understanding Open And Closed Head Injuries & The Different Types Of TBIs
Blows to the head are often the result of slip and fall accidents, sports-related injuries, assaults, car accidents, motorcycle accidents, and other types of motor vehicle accidents. When someone suffers a hit to the head or a violent jolt in one of these incidents, it is likely that a traumatic brain injury (TBI) could be the result. Unfortunately, a TBI can cause brain damage and dysfunction-changing one's life forever.
Although any type of TBI is serious and life-altering, there are different degrees of traumatic brain injuries that are categorized in the following way:
- Mild TBI. This type of TBI is considered a minor brain injury, such as a concussion. Although not as serious as a severe TBI, a mild TBI can still cause a change in someone's mental status and behavior. Someone with a mild TBI may look and act normal but may start becoming frustrated while performing normal work duties and household tasks. Other TBI symptoms may include headaches, dizziness, nausea, tiredness, loss of memory, trouble concentrating, and personality changes. Sometimes the effects of a mild TBI can last over a year or more.
Why Would A Third-Party Expert Be Needed For My Malpractice Claim?
In a medical malpractice lawsuit filed against a doctor or other healthcare professional, it is critical for a medical expert to be involved to explain that a patient is owed a duty of care and that the medical professional breached that duty of care. In fact, having a member of the same profession explain that another physician would have taken different actions under the same set of circumstances goes a long way toward showing a judge and jury that the physician violated the standard of care of the profession, which establishes medical negligence.
Medical terminology can be complicated, and the facts surrounding medical issues are generally too complex for laypeople to fully comprehend. Therefore, a medical expert's opinion and testimony makes it easier for a jury to understand how a medical professional deviated from the standard of care and how that medical negligence led to a patient's injuries.
The medical expert's testimony would explain what a competent doctor would have done in the same situation. An expert can do this by referring to medical board guidelines, medical publications, scientific studies, or other sources to help strengthen his or her opinion.
When Pacemaker Implant Surgery Goes Wrong
When medical devices need to be implanted into someone's body for health reasons, there is always the risk for complications. But when a complication arises as a result of a doctor's error and downright negligence, then a claim for medical malpractice may be warranted. Sometimes this is the case following pacemaker implantation.
Understanding Pacemakers
Pacemakers are small electronic devices implanted into a person's body in an effort to restore a normal heartbeat. When people suffer from a dysfunctional heartbeat, it may mean the heart's natural pacemaker is failing to function correctly, causing the timing of the heartbeat to be uncoordinated and out of rhythm. Doctors call this arrhythmia. When this happens, blood isn't effectively being pumped throughout the body.
Pacemakers are implanted into patients every day throughout our nation. In fact, it is considered a routine procedure. Millions of people have undergone pacemaker implant procedures.
How Should I Prepare For My First Meeting With A Lawyer About My Potential Injury Claim?
Whether you were injured by an act of medical negligence or as the result of another driver's negligence, meeting with an attorney following an injury is one of the first things you need to do. But many people like you have never had to meet with a lawyer before and might not know what to bring to their first meeting. This is why we feel it is important to answer your questions so we can help you as well as others facing the same situation prepare for their first appointment with an attorney.
When preparing to meet with a lawyer you have hired or are thinking about hiring, it is important to come prepared so that you can make the most of the appointment. Here are some ways you can prepare for your first meeting.
What to Bring to Your First Meeting With an Attorney
When you are meeting with an attorney about a car accident claim, you should come prepared with the following:
- Police report. If you were injured in an auto accident, you should request a copy of the incident report filled out by a police officer.
How Internal Organs Can Be Damaged In A Car Crash
When a car travelling at highway speeds is forced to a sudden stop in a collision, the impact forces on the occupants are tremendous. Drivers and passengers who are not wearing seatbelts can be thrown into the dash, windshield, steering wheel, front seats, or even out of the vehicle. Even occupants wearing seat belts can be injured as the seatbelt forcefully restrains them. These types of blunt force trauma can cause a variety of serious injuries, including damage to internal organs.
Organs That Are Commonly Damaged in Crashes
Internal organs can suffer impact injuries due to the tremendous force that is placed on the body in a crash and they can also suffer penetrating injuries, caused by objects cutting through the flesh and puncturing the organs. Whether someone suffers an impact injury or a penetrating injury, the organs that are most frequently damaged in car crashes include the following:
How Long Does It Take To Settle A Personal Injury Claim?
This is one of the most common questions all personal injury lawyers receive, and the answer really depends on several factors:
How Long Does A Medical Malpractice Claim Take To Settle?
This is one of the most common questions attorneys get asked, and for good reason. People want to know how long their lives will be interrupted and when they can expect to collect their compensation and move on with their lives.
Although we understand you are looking for a clear-cut answer, the answer to this question will vary from person to person depending on the specifics of the case and if the other side wants to play hard ball. For some victims of medical malpractice-when the evidence is very straightforward-the case can be over in several months; however, the general timeframe may be closer to several years for most people. According to a study published in the New England Journal of Medicine, "the average length of time between the occurrence of the injury and the closure of the claim is five years."
The long time frame is often the result of several factors. First, cases shouldn't be settled until the extent of one's injuries are known. Sometimes just recovering from an incident of medical malpractice can take over a year due to surgery, healing, physical therapy, and even possible adverse outcomes. Second, the other side will rarely admit right away to their wrongdoing, and they will either deny the claim or will provide a low settlement offer. Negotiating to get you a fair settlement can take some time. If a settlement cannot be agreed upon, the case will take longer as it will go to trial. Just getting court dates and going through the process will cause a case to drag on. Sometimes the court will delay the case due to crowded court dockets. In addition, sometimes doctors or medical experts may be busy, which can delay the case.
703-591-0067
10513 Judicial Drive, Suite 200, Fairfax, VA 22030
703-591-0067
From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
Results listed are not a guarantee or indication of future case results.
