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What You Should Know About Partial Paralysis Caused By Medical Malpractice
When trauma to the brain or spinal cord occurs, the resulting nerve damage can lead to paralysis. This type of injury can be the result of a botched surgery or another medical procedure. It can even affect the most innocent among us-infants during the labor and delivery process. When a mistake is made during delivery, the baby may suffer cerebral palsy and paralysis at birth due to medical negligence.
When doctors fail to do their jobs and don't monitor patients correctly, patients can suffer serious injuries that can affect them for life. For instance, partial paralysis (also known as incomplete paralysis) may be the result of such negligence.
What Is Partial Paralysis?
This type of paralysis can occur when the brain or nervous system is damaged and the ability to fully control certain muscles is lost. When this happens, a person may suffer weakness in a limb or another part of the body but has not lost sensation. According to brainandspinalcord.org, "partial paralysis is characterized by some movement or sensation in affected muscles or muscle groups." For example, a person with partial paralysis may be unable to move an arm but can still experience feeling in that part of the body.
What Are The Expenses For Bringing A Medical Malpractice Or Personal Injury Case?
There are two types of expenses in bringing a medical malpractice or personal injury case — fees and costs. Fees are earned by the attorney who represents a client. Costs are expenses incurred in pursuing a case. Costs include such expenses as filing fees, medical record costs, expert witness fees, deposition costs, travel expenses, postage and copying costs. There are usually other types of costs as well. Costs are not contingent upon the outcome of a case.
What Is The Likelihood Of My Case Settling Without Having To Go To Trial?
National data suggest that only about 15% of all medical malpractice cases go to trial, meaning that as many as 85% of such cases are settled. Other types of personal injury claims have an even higher rate of settlement. While these figures undoubtedly suggest that a filed case is much more likely to settle than go to trial, each case must be viewed individually. Case settlement is a product of many factors such as the strength of the case's underlying facts, the stength of each side's experts, and the reasonableness of any settlement offer. These factors will dictate whether an individual case actually settles before trial or not.
When Temporary Paralysis Leads To Losses, A Medical Malpractice Claim May Help You Recover
Whether a surgeon makes a critical mistake during brain surgery or a doctor fails to adequately monitor oxygen levels during a medical procedure, a brain injury or brain damage may be the result. When trauma to the brain occurs due to medical negligence, the patient may also be left paralyzed.
While any type of paralysis will drastically affect a person's life, there are several types of paralysis that can occur when the brain is injured. In this article, we will discuss temporary paralysis.
What Is Temporary Paralysis?
As the name suggests, temporary paralysis is a short-term loss of body function. The victim regains function as healing occurs in the body, so the paralysis may last a few hours or a few months. Although minor in comparison to permanent paralysis, temporary paralysis is still a frightening and burdensome experience for the person suffering from it.
Effects of Temporary Paralysis
Even though a person with temporary paralysis will eventually regain full use of the affected muscles, during the time of temporary paralysis, a person may have had to make major adjustments. For instance, in-home care may have been needed or job loss may have occurred. When someone isn't able to work and earn a living-even if it is for a short amount of time-it may be impossible to pay for the in-home care and rehabilitation needed to make a full recovery.
What Should I Do If I Believe That I Have Been Injured Due To Medical Malpractice Or The Negligence Of Another Person?
At Shevlin Smith, we always advocate that an injured person's first concern should be to seek any medical treatment that is necessary to address the injuries suffered. Whether the injured person should go to the emergency department of a hospital, or first seek treatment from a primary care physician or specialist is case-specific, and cannot be answered on a general basis. The injury itself will dictate how quickly treatment needs to be initiated, and what type of health care provider is best to provide that treatment.Once the medical needs of the injured person are addressed, then attention can be turned to the question of whether a legal claim exists. Speaking to an attorney can help you decide what legal course is advisable. The earlier you speak to an attorney, the earlier an attorney can take steps to evaluate your legal claim, protect your legal rights, and enhance your opportunity for success should a lawsuit be pursued.
Keeping Kids Safe As They Head Back To School
Once again, it's time for kids to go back to school. As a result, there are more people walking to and from schools, more bicyclists, and an increase is overall traffic in school zones. Whether children are biking to school, walking to school, taking the bus, or are passengers in vehicles, one thing is certain: there are many dangers in school zones.
The Facts About Pedestrian Dangers in School Zones
According to the organization Safe Kids Worldwide, there are about five teen pedestrian deaths every week in the United States, representing a 13% increase in pedestrian deaths among 12- to 19-year-olds since 2013. These statistics are frightening for parents of kids and teens who walk to school.
Increases in both distracted pedestrians and distracted drivers are key factors behind the alarming statistics. The truth of the matter is distracted walking is on the rise, according to Safe Kids Worldwide. Not only are middle school and high school students walking distracted, but many students are participating in other risky street-crossing behaviors that could put them in danger of being injured in a pedestrian accident.
What Fee Does An Attorney Charge For Representing A Client In A Medical Malpractice Or Personal Injury Claim?
Generally speaking, there are two different types of fees charged by attorneys. One type of fee is an hourly fee, where the attorney charges a set fee for the actual time that the attorney spends on your case. With an hourly fee agreement, the client pays the attorney whether the case is ultimately won or lost (i.e. the fee is NOT contingent upon the case being won). The second type of fee is a contingency fee, where the attorney charges a fee only if the case is won through a settlement or a jury verdict. Usually the contingency fee is a percentage of the ultimate recovery. Most attorneys charge a contingency fee between 33.33% and 40%. Most law firms will give their clients a choice as to which type of fee the clients wish.
What You Should Know About The Insurance Adjuster Handling Your Truck Accident Injury Claim
Following a truck accident that wasn't your fault, you may assume that you will get the compensation you deserve for your injuries and pain and suffering. But it may shock you to find out what an insurance adjuster is really up to following the crash.
Did you know that adjusters who handle truck injury claims are some of the most seasoned employees and are very good at what they do? They know how to minimize their company's liability. When you are injured in a trucking wreck, a sizeable amount of money may be on the line. So when you get a call from an insurance adjuster representing the liable party, the adjuster is looking at ways to limit your claim. Adjusters know how to do this by using the following techniques.
Getting You to Trust Them
While it may appear on the surface that the adjuster is concerned about your injuries and wants to make sure you get compensated for your pain, the truth of the matter is that the insurance adjuster for the trucking company is actually trying to figure out how to pay you as little money as possible. Consequently, you cannot and should not trust an insurance adjuster. The insurance adjuster is not on your side no matter what he or she tells you. Remember, the insurance adjuster's job is to save the insurance company money. In fact, many insurance companies reward their employees (the adjusters) with bonuses and promotions for settling claims for pennies on the dollar. When an adjuster's own pocketbook and career is at stake, please don't think for one minute that the adjuster is someone you can trust.
Common Birth Injuries That Result From Improper Use Of Birth-Assistance Tools
As an expectant mother, you put your trust in the hands of your obstetrician or the doctor who is on call when you go into labor-trusting that the doctor will guide your baby out of the birth canal safely. However, some labors are more difficult than others, such as when the baby's head gets stuck in the birth canal and no amount of pushing is helping. As a result, a doctor will use birth-assistance tools to help ease the baby out of the birth canal.
Tools such as forceps (surgical tongs) and a vacuum extractor (a soft cup placed on the baby's head with suction) are still used in difficult vaginal deliveries where the baby is in an abnormal position or the baby's size is too big in relation to the mother's pelvic bones. When birthing tools are used in these types of situations, it is possible that injuries to the baby can occur if the doctor uses too much force or doesn't use the tools correctly.
Types of Injuries that Result From Birthing Instruments
Is A Misdiagnosis Or The Failure To Make A Diagnosis Always Medical Malpractice?
A misdiagnosis or the failure to make a diagnosis is not always considered medical malpractice. Not all diseases have a definitive test that will absolutely diagnose or rule out a disease. Some diseases are so rare that more common diseases are considered first. Some diseases mimic other diseases. In those types of cases, the determination of negligence will be based on whether the doctor's thought process was reasonable or unreasonable. The doctor can be wrong, but not negligent, if his thought was reasonable under the circumstances. A misdiagnosis or the failure to make a diagnosis is malpractice when your doctor fails to obtain a proper medical history, fails to order appropriate tests for your medical condition, misinterprets the results of tests he did order, or fails to act upon test results he received. Some of these tests can include blood draws, imaging procedures such as CT scan (Computed Axial Tomography Scan), MRI (Magnetic Resonance Imaging), ECG/EKG (electrocardiogram), ultrasound and many other diagnostic procedures. It is also a malpractice if your doctor fails to recognize the symptoms of your disease and make a proper diagnosis. Call our office if you were misdiagnosed or there was a delay in a diagnosis. We can help you determine if you have a medical malpractice 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.
