Posts by Champlain

Stroke due to Errors Committed by Medical Providers

Posted by on May 11, 2017 in Personal Injury | 0 comments

During consultation visits with a doctor, the questions a walk-in patient asks usually center only on what their illness is and how frequently they should take the prescribed medicine; others go further and ask for an alternative diet, one that would keep them healthy and in good shape.

Patients naturally trust doctors, knowing that (doctors) are the experts when it comes to health. One reality, however, is the fact that even the best doctors can commit mistakes. Federal records actually show that more than a quarter of a million people die every year due to medical mistakes, making this the third major cause of death in the U.S.

Wrong diagnosis is among the many different results of medical mistake. Error in diagnosing a patient’s real condition is due to failure to correctly detect the warning signs of a real and more severe health condition, like one that can lead to a stroke.

Stroke, also known as Cerebral Vascular Accident (CVA), is due to a pause in the flow of blood to any area of the brain. This could be due to a blood clot in the blood vessels or a clot in the Cholesterol plaque. But before having a major or large stroke, a patient usually suffers a Transient Ischemic Attack (TIA) first. TIA is what medical professionals identify as a mini stroke – some sort of a warning to a major CVA; it usually lasts for only about 20 minutes, as the flow of blood usually resumes afterwards.

A stroke can be prevented, but only if its symptoms are detected early and the patient given proper treatment and the correct medication. Failure to do these, however, can result to paralysis or patient death. In fact, according to the American Stroke Association, more than 500,000 individuals suffer a stroke every year. From the total, about 200,000 end up disabled, while the many more others end up dead.

Determining the symptoms of stroke, though, can be difficult due to the symptoms’ resemblance with other serious health conditions, like severe migraine attack or diabetic hypoglycemia. The presence of other warning signs, though, like unexplained severe headaches, dizziness, loss of coordination or balance, difficulty in understanding or speaking, difficulty in walking and in seeing either from one or both eyes, and weakness or numbness on only one side of the body, may be interpreted as signs of stroke; but to be more certain, requiring the patient to undergo more tests may be called for. These symptoms, especially TIA, should never be taken lightly. On the contrary, patients displaying these symptoms should be given emergency care.

According to McCutchen & Sexton – The Law Firm, after trusting your care to your doctor, you have every right to expect that your doctor would take reasonable measures to act in your best interest. If your doctor fails to provide you with the care you need, this trust would have been broken. More than this, your doctor’s malpractice would most likely impact your health and well-being rather significantly.

“Medical malpractice is defined as the failure to apply the degree of skill and learning ordinarily possessed and used by members of the same profession. This may include errors on behalf of the following types of medical providers:

  • Doctors
  • Nurses
  • Medical Technicians
  • Health Care Providers
  • Hospitals
  • Clinics
  • Nursing Homes

It is not the duty of the medical provider to cure or guarantee a positive outcome for the treatment, but rather to provide a standard of care that is accepted by the medical community. As such, a central aspect of establishing a medical malpractice claim will involve whether or not the provider caused damage by violating or breaching the standard of care.

The Boston personal injury attorneys air the same tone, saying, “stroke lawyers know that stroke is a common and potentially life-threatening occurrence for patients of all ages. Sometimes a stroke occurs without warning, but often there are warning signs or symptoms, such as headache, neck pain, weakness, or vision changes ahead of time. Some patients even have transient ischemic attacks, which may be recognized in time to prevent permanent injury or death. When stroke occurs, prompt medical treatment, such as tPA or other medications, or surgical interventions, may be able to minimize or prevent damage. Unfortunately, in some instances, medical providers fail to identify and treat strokes when they should. This failure can serve as reason to hold the responsible provider liable for your injuries.”

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Caution: Wet Floor

Posted by on Feb 4, 2017 in Slip and Fall | 0 comments

Slip and trip accidents account for most of the accidents that happen in the workplace. This is why it is important to make sure your area is safe for workers and clients. Slip and trip accidents commonly occur in places with wet and slippery surfaces, or in places with obstacles in walkways that could go unseen.
More specifically, slip accidents occur when there is too little friction between your feet and the walking surface beneath them. Wet surfaces, weather hazards, spills or poor footwear are common causes of slip accidents. The website for Carnegie Mellon University states that trip accidents commonly occur when your foot strikes an object and your momentum throws you off balance. This could be caused by obstructions in walkways or uneven surfaces.
A common setting for slip and trip accidents is construction sites, where there are many possibilities for uneven and slippery surfaces, as well as walking obstructions. When walking in a construction zone, be wary of your surroundings and watch where you walk. If an accident does occur, it could result in serious bodily injury, which can lead to a variety of problems.
Possible injuries include broken bones, cuts and lacerations, sprained joints or muscles, and injuries to the head and the back. As stated by Clawson & Staubes, LLC: Injury Group, bodily injury can result in significant limitation and permanent disability where a worker is no longer able to do jobs they were able to do before. If you are injured in a slip and trip accident, seek medical attention for a quick recovery, and report the accident, so that no one else will get injured in the same way.

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A Very Disturbing Crime Directed against Defenseless People

Posted by on Dec 29, 2016 in Nursing Homes | 0 comments

There are more than 15,000 nursing home facilities in the U.S. that shelter more than 1.5 million resident elders, the physically or mentally incapacitated, and those in need of rehabilitative therapy due to illness or accident. These facilities are expected to provide residents the quality care and attention expected and required by the law, and assistance in daily activities, which include bathing, toileting, dressing and eating.

To ensure protection for all 1.5 million nursing home residents, the U.S. Congress passed the Nursing Home Reform Act into law in 1987. This Act orders nursing homes that participate in Medicare and Medicaid or those that receive Medicare and Medicaid funds to provide services and activities that will help attain or maintain the highest possible physical, mental, and psychosocial well-being of every resident in accordance with a written plan of care. The Act also mandates that residents should be free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

Despite this law, however, nursing home abuse continue to be committed against residents. In fact a study conducted by the House Government Reform Committee’s Special Investigations Division revealed about 9,000 instances of abuse in more than 5,200 nursing homes just within a span of two years (from January 1999 to January 2001).

The most common reasons why these abuses are committed include lack or qualified and/or properly trained staff, very demanding needs of the residents, overworked personnel, the defenselessness of the victims and, the major intent of many staff members to simply earn and not take care of their helpless and/or aging residents.

Elder sexual abuse, specifically, is the non-consensual or unwanted physical or sexual contact with an elderly person. The ways this abuse can be committed may be through unwanted touching, rape, sexual photography, forced nudity, and sexual assault and battery. It can be committed by staff workers or by a victim’s co-resident, who may be acting on his/her own volition or who may be forced by staff workers to commit the act of abuse; in rare cases, however, abuses may also be committed by visiting relatives.

Nursing home sexual abuse is a very disturbing crime since this is directed against defenseless people whose care has been entrusted to those who promised to provide quality care and service, but who, instead have become perpetrators of the worst kind of abuse. For the sake, safety and dignity of nursing home residents, it will be necessary to bring to justice and hold accountable these abusers; a highly-competent nursing home abuse lawyer may be able to help in this legal pursuit.

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Reasons Your Workers Compensation Claim May Be Denied

Posted by on Nov 18, 2016 in Workers Compensation | 0 comments

Employers have the responsibility to ensure the safety and conduciveness of the workplace of their employees. When injuries arise in the workplace, workers have the right to demand compensation for the injuries they incur. According to the website of Williams Kherkher, there are different kinds of accidents that an employee may get involved in. For job-related injuries, an employee is entitled to receive workers compensation from their employer.

Just because you have already filed a workers’ compensation claim does not mean that it would automatically be approved. There are certain factors that your claim for compensation can be denied. Here are some of the reasons your workers compensation claim will be rejected by the board:

Unwitnessed Injury

An unwitnessed injury is likely to be denied by workers’ compensation insurers. As such, you need to make sure that you report any injuries to your co-workers or supervisor in the soonest possible time.

You did not report your injury right away

When you do not report your injury, insurers would have the assumption that you were not really hurt. State laws require that you should report workplace injuries in as little as seven days.

There is a discrepancy between your accident report and medical records

Another reason workers compensation claims are denied is because of inconsistent information. You tell your supervisor one thing and tell your doctor another. Such inconsistencies will hurt your chances of having your claim approved.

Illegal drugs were detected in your system

The presence of illegal drugs in your system after treatment from a work-related accident could also hurt your chances of recovering workers’ compensation.

You filed the claim after you were fired or laid off

When you file the claim when you have been fired or laid off, the insurer will think that you are just getting even with your employer. Again, it is important that you file the claim immediately after getting injured.

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The Various Legal Actions Filed against Sanofi-Aventis

Posted by on Sep 16, 2016 in Taxotere Lawsuit | 0 comments

In various studies revolving around the different circumstances affecting women with breast cancer, hair loss consistently appeared as one of the most stressful side effects of cancer treatment, profoundly impacting affected patients’ well-being and quality of life.

It’s a relief that, in the case many women who have, or formerly had, breast cancer and had chemotherapy treatments, hair loss is only temporary as they can expect hair growth again up to six months after chemotherapy treatment. In the case of many women who were treated with Taxotere, however, it is not just a case of permanent baldness (a condition called alopecia or permanent hair loss), worse than this, it is rather a case of “alopecia universalis” or total hair loss on the scalp and body; this means that, aside from baldness, they have also lost their eyebrows and eyelashes, and hair growth under arms and around the genital area.

The law firm Williams Kherkher explains that, as early as 2005, patients outside of the U.S. were warned about permanent hair loss due to Taxotere use. Sanofi-Aventis, the said drug’s manufacturers, however, only began warning patients in the U.S. of this risk in December of 2015, after the U.S. food and Drug Administration (FDA) mandated them to do so.

Due to this, women who had been affected or alopecia or permanent hair loss have filed lawsuits against Sanofi-Aventis, claiming that the drug manufacturers:

  • Manufactured a dangerous drug;
  • Sold the drug without exhaustively testing it;
  • Sold the drug without disclosing the dangers or risks;
  • Failed to determine whether the drug was safe;
  • Failed to properly warn patients and health care providers;
  • Misled the public in advertising and marketing;
  • Concealed information from the public; and,
  • Downplayed the dangers associated with the drug.

Taxotere (Generic name: Docetaxel) is an intravenous chemotherapy drug manufactured by Sanofi-Aventis. It was approved by the U.S. Food and Drug Administration for the treatment of a variety of cancers including non-small cell lung cancer, prostate cancer, breast cancer, gastric cancer, and head and neck cancer. It was first approved for breast cancer treatment in 1996 then, in August 2004 the (FDA) approved it in combination with doxorubicin and cyclophosphamide for treatment of operable node-positive breast cancer in women.

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