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What Should You Do if You Think Your Baby Was Injured at Birth?
Birth injuries are sometimes apparent shortly after delivery of the child, while in other cases it may take weeks, months, or even years before impairments are evident. If you suspect that your child’s symptoms or functional impairments may have been caused by birth trauma, you may wish to speak with a birth injury lawyer. An attorney can review your situation, explain your legal rights, and help you consider your legal options.
Providing Postnatal Care
After your child is born, your most pressing concern is his or her postnatal care. If birth injuries are immediately apparent, you should find out as much as you can from the medical staff what the diagnosis is and what it means for your child. Learn about the potential long-term consequences, and explore the types of specialized medical care and therapies your child may need. Some patients may hesitate to seek a second opinion, but you do have the right to take your child to a different doctor or specialist.
Contacting an Attorney
Welcoming a new child into the family is a joyous—and hectic—time. However, it’s best not to delay contacting a birth injury lawyer if you suspect medical malpractice. Deadlines, known as statutes of limitations, apply to medical malpractice claims. Meeting with an attorney to discuss the situation does not automatically obligate you to file a claim. The birth injury lawyer can investigate the situation, review medical records, and consult other professionals if need be to determine whether medical malpractice may have played a role in your child’s birth injuries.
Weighing Your Legal Options
If indeed there is a basis to file a medical malpractice claim, you’ll likely have a lot of questions for your birth injury lawyer. Carefully consider whether going ahead with a claim is in the best interests of your family. Children who have birth injuries may be permanently disabled and require extensive care for their lifetime. If you do file a claim, a jury award or settlement could allow you to meet your child’s needs.
In the aftermath of birth trauma, it can be difficult to find the answers your family deserves. The medical malpractice team at Pegalis & Erickson, LLC is dedicated to helping families uncover the truth about their children’s injuries. You can call our malpractice law firm in Long Island, New York at (516) 684-2900 to arrange for effective legal advocacy services.
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The Risks of Oxygen Deficiencies During Birth
Oxygen deprivation during birth can lead to very serious health problems for the infant. Hypoxic ischemic encephalopathy (HIE) is the medical term for oxygen deficiencies of the brain. Sometimes, it is the result of medical malpractice. If oxygen to the brain is not restored promptly, brain tissue can be permanently damaged and the infant may be diagnosed with cerebral palsy.
A cerebral palsy lawyer can represent families affected by HIE caused by medical malpractice. The affected children may experience severe impairments, including intellectual disabilities, impaired motor function, swallowing disorders, and speech delays. The severity of these impairments can vary widely. For example, some children may be unable to walk unaided, while others may only have mild muscle spasticity.
The medical negligence lawyers of Pegalis & Erickson, LLC have a long history of successfully litigating cases involving birth injuries in Long Island, New York. If your child was diagnosed with birth trauma, call us at (516) 684-2900 and let us know how we can help your family.
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What Are Your Rights if Your Child Is Injured During Birth?
Every day, countless families eagerly await the birth of a child. But for some families, a child’s birth may also mean coping with serious birth injuries. Birth injuries can sometimes be the result of medical malpractice, such as when a medically indicated C-section is delayed causing permanent brain damage due to oxygen deprivation. If your child was diagnosed with birth injuries, you should know that you do have legal rights. Even if you aren’t sure whether your child’s diagnosis was the result of medical malpractice, you can contact a personal injury attorney for more information.
Obtaining Your Medical Records
Under the Health Information Portability and Accountability Act (HIPAA), you have the right to obtain a copy of your medical records. With a few exceptions, healthcare providers are required to provide copies of medical records upon request within 30 days. If the medical records are not available within 30 days (or sooner, depending on state law), the provider must give a reason for the delay. If you believe your right to access your medical records is being interfered with, a medical malpractice lawyer can file a HIPAA Privacy Rule Complaint.
Getting a Second Opinion
It’s every patient’s right to obtain a second opinion. If your child was injured during birth, you can take him or her to a different pediatrician or another health care specialist. If you already have the medical records by this point, it’s a good idea to bring them with you to have the other doctor assess them.
Consulting a Medical Malpractice Lawyer
Another legal right patients have is the right to consult a medical malpractice attorney. You can schedule an initial consultation to have your case reviewed, even if you aren’t sure whether medical negligence played a role in your child’s injuries. Scheduling a consultation does not obligate you to file a claim; however, you can explore your options for legal recourse.
In the wake of a serious diagnosis, it can be difficult for families to know which steps to take next. At Pegalis & Erickson, LLC, our birth injury lawyer in Long Island, New York can help families understand their legal rights and options. Families of children diagnosed with birth injuries are invited to call us at (516) 684-2900 to schedule a case review.
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Dealing with Injuries After a C-Section
A cesarean section, or C-section, has the potential to cause injuries to both mother and child. Sometimes, birth trauma occurs when the C-section is delayed, despite indicators that an emergency C-section is warranted. This can be an example of medical malpractice. Other possible risks of a C-section include damage to the mother’s internal organs or breathing problems of the baby. After a C-section, patients can expect an extended hospital stay and a longer overall recovery time. They can also expect higher medical bills, particularly if additional medical care was required for C-section injuries.
Although recovering from injuries after a C-section is of the highest priority, families may wish to consider talking to a medical malpractice attorney sooner, rather than later. If indeed medical malpractice was to blame for the injuries, families must file a claim before the statute of limitations expires. A settlement or jury award can help families cover the cost of the medical bills, lost wages, and any ongoing care needs of the mother and child.
At Pegalis & Erickson, LLC, our medical negligence lawyers serving Long Island, New York will handle every aspect of your claim so you can focus on your recovery and on caring for your little one. Even if you aren’t sure whether you have a claim, you can call us at (516) 684-2900 for legal guidance.
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Surprising Facts About Hospital-Acquired Infections
As the term suggests, hospital-acquired infections refer to any infection that a patient contracts while in the hospital. These infections do not include illnesses that a patient developed before going to the hospital. Sometimes, a hospital-acquired infection may be the result of medical malpractice. If you or a loved one develops pneumonia, surgical site infections, bloodstream infections, or other hospital-acquired infections, a medical malpractice lawyer can evaluate your case and explain your legal rights.
Hospital-Acquired Infections are Common
It’s a common misconception that this form of medical malpractice is rare. In fact, upwards of one million hospital-acquired infections occur in the U.S. each year. Hospital-acquired infections do not only affect patients who have undergone surgery; serious illnesses can develop in patients simply because of skin-to-skin contact. Furthermore, hospital-acquired infections can be deadly. In 2011, about 75,000 patients died of a hospital-acquired infection while they were still hospitalized, according to Everyday Health. This figure doesn’t include deaths that occurred after the patient was released from the hospital.
Bacterial Infections May Resist Antibiotic Treatment
You might think that if you acquire an infection, the best place to be is in a hospital because presumably, it can be diagnosed and treated rapidly. But in fact, many hospital-acquired infections are resistant to antibiotics. Each year, thousands of patients develop antibiotic-resistant diseases such as clostridium difficile (C-Diff) and Methicillin-resistant staphylococcus aureus (MRSA).
High-Touch Areas Can Harbor Microorganisms
Improper handwashing accounts for nearly half of all hospital-acquired infections. Yet, skin-to-skin contact isn’t the only culprit. Patients shouldn’t assume that high-touch areas such as bedrails, trays, and elevator buttons are sterilized regularly. When packing for a stay in the hospital, it’s a good idea to bring along sanitizing wipes.
The legal team at Pegalis & Erickson LLC has been dedicated to defending the legal rights of patients for more than 40 years. Our medical negligence lawyers have experience advocating on behalf of clients in cases involving hospital-acquired infections, birth trauma, wrongful death, and many others. If you would like one of our attorneys to review your case, you can contact our malpractice law firm in Long Island, New York at (516) 684-2900.
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How Having a Disability Can Change Your Life
Life can be dramatically different for individuals who have disabilities, such as those caused by medical malpractice or birth injuries. Disabilities may cause physical hardship, such as chronic pain and mobility impairment, and emotional challenges, including depression and anxiety. Many people with disabilities cannot work or must switch to a different occupation. This can cause financial hardship, which may be further exacerbated by ongoing medical expenses. Individuals with disabilities may need to hire a caregiver, undergo expensive medical treatments, and purchase adaptive equipment.
It can also be difficult for a person with a disability to move about in the community, which is one of the reasons why it’s so important for communities to promote accessibility. This issue is highlighted by the designation of the International Day of Persons with Disabilities, which has been recognized since 1992.
If you or a loved one has developed a disability due to medical malpractice in Long Island, New York, you could consider talking to a personal injury attorney about filing a medical malpractice lawsuit. You can contact the legal team at Pegalis & Erickson, LLC at (516) 684-2900 and let us know how we can help you.
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What Every Patient Needs to Know About Medical Malpractice Myths
Plenty of myths abound regarding medical malpractice claims, such as the myth that these types of lawsuits drive up the cost of healthcare for everyone and the belief that the majority of medical negligence lawsuits are baseless. Discovering the truth behind these common myths may change your perceptions of medical malpractice. If you feel you may have been affected by medical mistakes, you can contact a medical malpractice attorney to explore your legal options.
Myth: Malpractice Increases Healthcare Spending
This myth is commonly used by some lawmakers to justify establishing caps limiting the amount of medical malpractice payouts. Yet, medical malpractice represents only a very small fraction— less than half of one percent —of the total healthcare industry. In fact, medical malpractice itself is the culprit of increasing healthcare costs. Preventable medical mistakes cost billions annually because patients need additional medical care.
Myth: Most Malpractice Claims are Frivolous
Before a person can file a medical malpractice claim, certain elements must be present. It’s highly unlikely that a medical malpractice attorney would agree to represent a plaintiff who does not have a viable claim, given the costs involved with litigation. Additionally, some states require medical malpractice claims to go through a medical review process. Those that are not meritorious may be dismissed. In other words, the vast majority of malpractice complaints filed against providers are indeed meritorious—and many of them involve serious injuries or wrongful death.
Myth: Doctors Prefer to Avoid Settlements
Another common myth about medical malpractice is that doctors prefer to avoid settling lawsuits at all costs, presumably because this might cast doubt on their credibility. In actuality, settling a case is not an admission of liability on the part of the defendant.
If you have questions about medical malpractice claims, the legal team at Pegalis & Erickson LLC can provide the answers. To discuss your case, you can schedule a consultation with a medical malpractice lawyer serving Long Island, New York. Contact our malpractice law firm at (516) 684-2900 or browse our website to learn more about us.
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How Handwashing Prevents Patient Infections
Hospital-acquired infections are all too common, and quite often, they are preventable with simple measures. If you or a loved one has been hospitalized, you can serve as a patient advocate to reduce the risk of medical malpractice. It’s your right to ask that any healthcare provider who enters the room wash his or her hands prior to carrying out duties. It’s also highly advisable for family members of patients to wash their hands well before entering the patients’ rooms.
Handwashing can prevent a wide range of bacterial, viral, and other infections. The importance of this simple preventive measure is highlighted during National Handwashing Awareness Week from December 6 th through the 12 th in 2015. Healthcare providers are in contact with dozens of patients each day and can easily transmit microorganisms from one patient to the next. This can occur even if the healthcare worker wears sterile gloves. As with other forms of medical negligence, you could choose to consult a medical malpractice attorney if you believe that you’ve acquired an infection because a healthcare provider failed to follow handwashing protocol.
Pegalis & Erickson, LLC is a malpractice law firm in Long Island, New York with years of experience defending the rights of patients who have suffered from medical malpractice. You can reach our office at (516) 684-2900 to arrange a case review.
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The Dangers of Construction Accidents
Serious accidents can occur anywhere, yet construction sites are particularly hazardous. Unless strict safety protocols are followed at all times, workers and passersby may be at risk of serious injuries or even wrongful death. Any number of construction site accidents may lead to a wrongful death lawsuit, such as falls from an elevation, exposure to toxic substances, and impacts from falling objects, just to name a few. With the help of a construction accident lawyer, individuals can explore their options for securing compensation for their injuries and other losses.
Bone Fractures
Bone fractures are one example of a serious injury that may result from a construction accident. A simple fracture may force a construction worker to be out of work for weeks while recovering. A more serious fracture—such as an open fracture in which the bone is exposed or protrudes through the skin—can involve steep medical bills and a prolonged recovery time. Additionally, patients may be at risk of complications of open fractures, such as blood clots, infections, and poor healing of soft tissues and bone.
Brain Trauma
On a construction site, workers and supervisors are supposed to wear hardhats to protect the delicate brain from injury. Yet, this basic type of safety equipment may not always be provided, leaving workers vulnerable to traumatic brain injuries (TBIs). A TBI may occur when a worker falls from scaffolding or another elevated surface, or is struck on the head by falling construction debris. In severe cases, brain injuries can result in lifelong disability and significant functional impairments that reduce quality of life.
Eye Injuries
Eye injuries are another possibility on a construction site. Construction workers who are not provided with proper safety goggles may sustain eye injuries from airborne debris, such as debris created when using power tools. Sometimes, permanent vision loss may occur.
Have you or a loved one been injured or killed in a construction accident? The personal injury lawyers of Pegalis & Erickson, LLC are here to help. Call (516) 684-2900 to schedule a consultation with a construction accident lawyer in Long Island, New York and discuss filing a personal injury or wrongful death claim.
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Steps to Take After a Stillbirth
Stillbirth is defined as the loss of a child after 20 weeks of pregnancy. Thousands of families are affected by this tragedy every year. Sometimes, stillbirth occurs because of pregnancy complications. In many cases, however, the cause is unknown. Parents may find themselves at a loss for what to do after suffering a stillbirth. It’s important to take the time to care for your emotional health during this difficult time. If you suspect that medical malpractice might have been involved, you could also contact a medical malpractice lawyer.
Preserve the Memories
There is no “right” or “wrong” way to grieve after suffering a stillbirth. However, many parents find that it helps to preserve the memories of their child. You might find that holding your child helps you to grieve in a healthy manner. You could give your child a name and save keepsake items, such as a lock of hair. Some parents choose to take photos. Even if they cannot bear to look at the photographs, parents might find them comforting later on.Consider Medical Tests
It’s a good idea to have your medical provider run some tests on you and your child. It isn’t always possible to determine the cause of stillbirth; however, these tests may shed some light on what went wrong. In the event that you decide to consult a medical malpractice lawyer and pursue a lawsuit should the stillbirth be due to medical negligence, these tests may also provide crucial evidence. The medical tests that may be helpful after a stillbirth include blood tests, tests to check for infections, genetic tests, thyroid function tests, and an examination of the umbilical cord and placenta.The medical negligence lawyers at Pegalis & Erickson, LLC would like to extend our deepest sympathies to parents who have experienced the devastating tragedy of losing a child. If you would like to explore your legal options after a stillbirth near Long Island, New York, you can call us at (516) 684-2900. Our personal injury lawyers would like to help your family find the closure you need to move forward.
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