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Common Types of Personal Injury Cases and How to Handle Them

Mon, 13 Jan 2025 16:45:49 GMT

Accidents can happen in many ways, but not every mishap leads to a personal injury claim. When an accident results in harm caused by someone else's negligence, it’s essential to know your rights and seek guidance from a personal injury lawyer. Whether you’ve been injured in a car crash or suffered due to medical malpractice, understanding the common types of personal injury cases can help you navigate the legal process.

1. Car Accidents

Car accidents are one of the leading causes of personal injury claims. Distracted driving, speeding, and drunk driving are leading factors in these cases. If you’re involved in a car accident, document the scene, gather witness information, and report the incident to your insurance company. Hiring a personal injury lawyer ensures your claim is handled properly and helps maximize compensation for medical expenses, lost wages, and damages.

2. Medical Malpractice

Medical malpractice happens when a healthcare provider's negligence results in injury or harm. Common examples include surgical errors, misdiagnoses, and medication mistakes. These cases are complex and require extensive evidence, including medical records and expert testimony. A personal injury lawyer with experience in medical malpractice can guide you through the intricate legal process and help build a strong case.

3. Slip and Fall Accidents

Slip and fall accidents often occur on unsafe or poorly maintained properties. Examples include wet floors, uneven sidewalks, or poorly lit areas. If you’re injured in a slip and fall, take photos of the hazardous condition, seek medical attention, and notify the property owner. Liability in these cases depends on proving the owner’s negligence, so consulting a personal injury lawyer is crucial.

4. Workplace Injuries

Workplace injuries can range from falls to equipment malfunctions or repetitive stress injuries. While workers' compensation covers most on-the-job accidents, there are situations where a personal injury claim may be appropriate, such as when a third party is involved. Reporting the incident immediately and keeping detailed records will strengthen your case.

5. Product Liability

Faulty or hazardous products can lead to serious injuries for consumers. Typical examples include defective car parts, hazardous toys, or tainted food. If you’re injured by a defective product, save the product, packaging, and receipts. Working with a personal injury lawyer can help establish whether the manufacturer, distributor, or retailer is liable.

6. Dog Bites

Dog bite cases often hinge on the owner’s responsibility to prevent their pet from causing harm. Laws vary by state, but in many cases, owners are held liable for injuries caused by their dogs. If bitten, seek medical treatment immediately and document the injury. Filing a report with animal control may also be necessary to support your claim.

7. Wrongful Death

A wrongful death claim is made when someone dies as a result of another's negligence. These cases are emotionally challenging and often involve substantial financial losses for the family. A personal injury lawyer can help you pursue justice and compensation for funeral expenses, lost income, and emotional suffering.

Tips for Handling Personal Injury Cases

When dealing with a personal injury, taking the right steps can make all the difference in your case. Here are four essential tips to help you navigate the process:

Seek Medical Attention: Your health should be your top priority. Get prompt treatment for your injuries and follow your doctor’s advice. Medical records from your visits will also serve as critical evidence for your claim.
Document Everything: Collect as much evidence as possible. Photograph the accident scene, your injuries, and any property damage. Keep all related documents organized, including medical bills, receipts, and communication with insurance companies.
Consult an Attorney: Hiring a personal injury lawyer is crucial. An experienced attorney can evaluate your case, negotiate with insurance companies, and represent you in court if needed. Their expertise ensures you receive fair compensation.

How to Identify Nursing Home Negligence: Warning Signs to Look For

Tue, 12 Nov 2024 16:59:12 GMT

Nursing home negligence is a serious issue that affects vulnerable residents in long-term care facilities. If you have a loved one in a nursing home, it’s crucial to be vigilant and recognize the signs of neglect. Nursing home negligence can lead to physical, emotional, and financial harm, so knowing what to look for can make a significant difference in protecting your loved one’s well-being. This article will explore common warning signs of nursing home negligence and how you can take action if you suspect your loved one is being mistreated.

1. Unexplained Injuries or Bruises

If your loved one frequently comes home with unexplained injuries like cuts, bruises, or broken bones, it’s a major red flag. While accidents can happen, constant injuries without clear explanations could point to neglect or improper care. It’s crucial to ask the staff how these injuries occurred, and if they don’t have a reasonable answer, consider investigating further.

2. Poor Hygiene and Untidy Appearance

Another red flag of nursing home negligence is poor hygiene or an unkempt appearance. Residents should receive assistance with bathing, dressing, and grooming as needed. If your loved one appears dirty, has matted hair, or is wearing soiled clothes or bedding, this may signal neglect. Proper hygiene is essential for preventing infections and maintaining dignity, so any lapse in cleanliness should be taken seriously.

3. Weight Loss or Malnutrition

Sudden weight loss, dehydration, or signs of malnutrition are all concerning signs of neglect in a nursing home. Poor diet, lack of assistance with feeding, or not getting enough fluids can cause rapid health declines. If you notice your loved one is losing weight quickly or seems weak and fatigued, it’s important to ask about their meal schedules and nutrition, as well as observe the care they’re receiving during meal times.

4. Behavioral Changes or Withdrawal

Nursing home residents may experience emotional or psychological changes due to neglect. If your loved one becomes unusually withdrawn, anxious, depressed, or fearful, it could be a sign of emotional neglect or abuse. Depression, anxiety, and mood swings may result from a lack of social interaction, isolation, or mistreatment. Pay attention to any drastic changes in behavior, as these can be indicators that something is wrong.

5. Unanswered Calls or Lack of Communication

Communication between the family and nursing home staff is essential. If you’re finding it difficult to get in touch with anyone or your questions go unanswered, it’s a problem. Whether it’s delayed responses or no responses at all, this lack of communication can point to issues within the facility. Nursing homes should be transparent and communicative, especially when it comes to your loved one’s health.

6. Soiled or Unchanged Bedding

If you visit your loved one’s room and notice soiled bedding or clothes, it’s a clear sign of neglect. Nursing home staff is responsible for ensuring that residents are changed and cleaned regularly. Failing to change soiled diapers, bedding, or clothing can lead to infections, discomfort, and emotional distress. The presence of unclean or unsanitary living conditions is a significant warning sign.

7. Inadequate Staffing Levels

Nursing home negligence can also stem from inadequate staffing levels. If there are not enough staff members to care for the residents properly, it can result in neglect. Staff may be overworked and unable to attend to residents’ needs in a timely manner. If you notice long delays in receiving help or care, or if the staff seems overwhelmed, this could be an indication that the nursing home is not adequately staffed to meet the needs of its residents.

8. Frequent Hospital Visits

If your loved one is making frequent trips to the hospital for conditions that could have been treated in the nursing home, it’s a sign of possible neglect. Infections, untreated wounds, or undiagnosed medical conditions that require hospitalization could have been avoided with proper care. These repeated hospital visits often indicate that the nursing home is failing to provide the proper medical attention.

9. Staff or Resident Complaints

Another indicator of nursing home negligence is hearing complaints from staff or other residents. If employees seem dissatisfied, overworked, or mention that they’re unable to provide adequate care, this may indicate deeper systemic issues within the facility. Additionally, residents may complain about feeling neglected or mistreated. Pay attention to any complaints you hear and consider them as potential signs of a larger problem.

10. Lack of Medical Care or Medication Errors

Medical neglect can occur if staff fail to provide necessary medical care or make errors in administering medication. If your loved one is not receiving the proper medications on time, or if there are inconsistencies in their medical treatment, it could result in serious harm. Medication errors, such as administering the wrong dosage or forgetting to give medication altogether, are signs of nursing home negligence that should never be ignored.

If you suspect nursing home negligence, it’s crucial to act quickly to protect your loved one’s health and safety. The Law Offices of Janice Maloney in San Antonio, TX, has over 30 years of experience fighting for the rights of individuals affected by nursing home abuse and neglect. If you notice any of these warning signs, don’t hesitate to contact us for a consultation. Call (210) 735-2233 to discuss your case today.

How to File a Nursing Home Negligence Complaint

Fri, 13 Sep 2024 00:52:35 GMT

Nursing home negligence is a distressing issue that affects countless families each year. When a loved one suffers due to poor care or neglect in a nursing home, it’s crucial to take action to hold the facility accountable and prevent further harm. Filing a nursing home negligence complaint can be a powerful step in addressing these serious concerns. Here’s a practical guide to help you through the process.

1. Gather Your Evidence

The first step in filing a nursing home negligence complaint is to gather as much evidence as possible. Document everything that highlights the neglect or poor care. This includes medical records, photographs of any injuries or unsafe conditions, and written records of any incidents. Keep a detailed log with dates, times, and descriptions of what you’ve observed. This documentation will be essential in supporting your complaint.

2. Understand the Facility’s Complaint Process

Many nursing homes have their own procedures for handling complaints. Check the facility’s handbook or website for specific instructions on how to file a complaint internally. Following these procedures ensures that your concerns are formally acknowledged by the nursing home and demonstrates that you’ve attempted to resolve the issue directly with them before taking further action.

3. Contact State Regulatory Agencies

If you don’t receive a satisfactory response from the nursing home, the next step is to reach out to your state’s regulatory agency that oversees nursing homes. These agencies are responsible for enforcing state regulations and investigating complaints. Provide them with all your evidence and a detailed description of the nursing home negligence you’ve encountered. They will investigate the matter and can take action if the facility is found to be in violation of state standards.

4. File a Federal Complaint

In addition to state agencies, you can file a complaint with federal authorities. The Centers for Medicare & Medicaid Services (CMS) oversees nursing homes that receive federal funding. You can report issues directly to CMS through their complaint system. They investigate complaints related to federal regulations and have the authority to impose penalties or other actions against facilities that do not meet federal standards.

5. Consult with an Attorney

If you believe that the negligence has caused significant harm or if you are not getting a satisfactory response from regulatory agencies, it might be time to seek legal advice. An attorney who specializes in nursing home negligence can guide you through the legal process, help gather additional evidence, and represent your interests. They can also advise you on whether filing a lawsuit is appropriate for your situation.

6. Follow Up Regularly

Once your complaint is filed, keep track of its progress. Regularly follow up with the regulatory agencies and your attorney to ensure that your complaint is being addressed. This will help you stay informed about any investigations or actions taken and keep the pressure on the nursing home to address your concerns.

7. Explore Alternative Resolutions

In some cases, mediation or arbitration might be viable alternatives to court proceedings. These methods can be less formal and quicker than traditional legal processes. Discuss these options with your attorney to see if they might be appropriate for resolving your issue.

8. Provide Feedback and Stay Engaged

After your complaint is resolved, providing feedback can be valuable. Your experience and input can help improve the complaint process for others. Stay informed about any changes in regulations and continue advocating for better care standards in nursing homes.

If you believe your loved one has suffered due to nursing home negligence and need assistance with filing a complaint or pursuing legal action, contact Maloney Pat Law Offices. Based in San Antonio, TX, their team is dedicated to fighting for the rights of those affected by nursing home negligence. Call them at 210-735-2233 to schedule a consultation and let them help you seek justice and ensure your loved one receives the care they deserve.

Understanding Your Legal Options for Birth Injuries

Thu, 15 Aug 2024 19:47:09 GMT

Experiencing a birth injury can be devastating for families. Read our blog to explore your options if you find yourself in this challenging situation.

Understanding Medical Malpractice: Common Cases and Outcomes

Fri, 26 Jul 2024 05:05:06 GMT

Medical malpractice is a serious issue that affects thousands of patients every year. When healthcare providers fail to meet the standard of care, the consequences can be devastating. Understanding medical malpractice, including common cases and their outcomes, can help you be more informed about your rights and options. Here are some of the most common types of medical malpractice cases and their typical outcomes.

1. Misdiagnosis

One of the most common forms of medical malpractice is misdiagnosis. This occurs when a doctor incorrectly diagnoses a patient, leading to inappropriate treatment, delayed treatment, or no treatment at all. Misdiagnosis can happen with a variety of conditions, from cancer to heart disease.

Outcome : Patients who suffer from misdiagnosis may experience worsening health conditions, which can lead to more complex and costly treatments. Legal outcomes often involve compensation for additional medical expenses, lost wages, and pain and suffering.

2. Surgical Errors

Surgical errors encompass a range of mistakes, including operating on the wrong body part, leaving surgical instruments inside the body, or causing unnecessary damage to organs and tissues. These errors can result in severe complications and, in some cases, death.

Outcome : Victims of surgical errors may require additional surgeries and long-term medical care. Successful legal claims can result in substantial financial compensation to cover medical costs, lost income, and emotional distress.

3. Medication Errors

Medication errors occur when patients receive the wrong medication, the incorrect dosage, or experience harmful drug interactions. These errors can be due to prescription mistakes, pharmacy errors, or failures in patient monitoring.

Outcome : Medication errors can lead to serious health complications, prolonged illness, or even fatality. Compensation in these cases often covers medical expenses, ongoing treatment costs, and damages for pain and suffering.

4. Birth Injuries

Birth injuries are among the most heartbreaking types of medical malpractice. They can occur due to negligence during prenatal care, labor, or delivery. Common birth injuries include cerebral palsy, Erb's palsy, and brain damage.

Outcome : The legal outcomes for birth injury cases typically involve significant compensation to support lifelong medical care, therapy, and other necessary accommodations for the child’s condition.

5. Anesthesia Errors

Anesthesia errors can have dire consequences. Mistakes in administering anesthesia, such as giving too much or too little, or failing to monitor the patient properly, can lead to brain damage, permanent injury, or death.

Outcome : Patients or their families can seek compensation for medical expenses, loss of income, and emotional suffering. These cases often result in substantial settlements or jury awards due to the severe nature of the injuries involved.

6. Infections Acquired in Hospitals

Hospital-acquired infections (HAIs) are infections patients get while receiving treatment for other conditions. These infections are often a result of poor sanitation, improper use of catheters, or failure to follow infection control procedures.

Outcome : Patients who suffer from HAIs can pursue legal action to recover costs associated with additional treatment and prolonged hospital stays. Compensation can also cover pain and suffering and any long-term health issues resulting from the infection.

7. Failure to Treat

Failure to treat occurs when a healthcare provider diagnoses a condition correctly but fails to provide adequate treatment. This can result in the condition worsening and potentially becoming life-threatening.

Outcome : Legal claims in these cases can lead to compensation for medical expenses, lost wages, and damages for pain and suffering. Successful lawsuits often highlight the importance of timely and appropriate medical care.

Medical malpractice can have devastating effects on patients and their families. Understanding the common types of medical malpractice and their outcomes can help you recognize when you might have a case and what to expect. If you or a loved one has been affected by medical malpractice, it's crucial to seek legal advice. For tailored legal support, contact Maloney Pat Law Offices. Based in San Antonio, we are dedicated to fighting for your rights. Call us at 210-735-2233 to schedule a consultation and discuss your case today.

Product Liability | The Law Offices of Janice Maloney

Mon, 15 Jul 2024 07:13:11 GMT

How to Handle Product Injuries

Product-related injuries can disrupt lives and introduce a whirlwind of medical bills, lost wages, and pain. When these injuries occur due to manufacturer negligence, understanding your rights and next steps can be crucial. This comprehensive guide will provide you with practical and authoritative advice on how to address such situations effectively, ensuring you are fully informed throughout the process.

Understanding Product Liability

Product liability holds manufacturers and sellers responsible for placing a defective product into the hands of consumers. The law mandates that products should meet average consumer expectations. If a product has a defect, the product cannot be said to meet these expectations. When an injury results from a defective product, liability can be divided into three categories: design defects, manufacturing defects, and marketing defects (such as improper labeling or insufficient instructions).

Immediate Steps after an Injury

If you have been injured by a product, the first and foremost step is to seek medical attention. Immediate treatment is critical not only for your health but also for ensuring that your injury is documented from the outset. Medical records serve as vital evidence in any legal claims you may pursue.

Once your health is stabilized, preserving the defective product, its packaging, and any related materials is essential. These items will serve as crucial evidence to establish the nature of the defect and how it led to your injury. Avoid repairing or altering the product in any way, as this could impair its value as evidence.

Document Your Experience

Detailed documentation can significantly impact the success of your claim. Keep a meticulous record of your medical treatments, including visits to healthcare professionals, prescriptions, and physical therapy sessions. Additionally, maintain a journal that outlines your pain levels, emotional state, and how the injury affects your daily life. This information provides a comprehensive picture of the injury's impact beyond mere medical bills.

Photographs and videos of your injuries, the defective product, and the accident scene can further bolster your case. Collect any witness statements if others were present when the injury occurred. Witnesses can offer valuable third-party insight into the incident.

Seeking Legal Assistance

Navigating a product liability claim can be complex and legally intensive, making it prudent to consult with a product liability attorney. These legal professionals specialize in understanding and interpreting laws related to defective products. An experienced attorney can help you identify potential defendants, such as the manufacturer, distributor, or retailer. They will also know how best to approach your claim, whether through negotiation or litigation.

A personal injury lawyer with a background in product liability can offer a robust assessment of your case during an initial consultation. They will evaluate the likelihood of your claim's success and outline potential compensation, such as medical expenses, lost wages, pain and suffering, and punitive damages.

The Legal Process

Once you retain a personal injury lawyer, they will initiate an investigation into your claim. This typically involves gathering evidence, consulting with experts, and interviewing witnesses. Your attorney may also request access to quality control records from the manufacturer and obtain similar product recalls or complaints to substantiate your claim.

Your legal team will then file a formal complaint against the responsible parties. The discovery phase follows, wherein both sides exchange evidence and question witnesses under oath. Settlement negotiations often occur during this time; many cases are resolved before going to trial. If a settlement cannot be reached, your case will proceed to trial, where your attorney will advocate for your rights before a judge or jury.

Compensation and Recovery

Successfully navigating a product liability claim with the assistance of a personal injury lawyer can lead to various forms of compensation. This financial relief can cover medical expenses, both current and future, related to the injury. It can also include lost wages if you have been unable to work, as well as loss of earning capacity if your injury prevents you from returning to your previous occupation.

Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be compensated. In some instances, punitive damages are awarded to punish particularly egregious conduct by the manufacturer and to deter similar future behavior.

Understanding your rights and the legal avenues available when injured by a defective product due to manufacturer negligence is pivotal. Seeking immediate medical attention, preserving evidence, and consulting a product liability attorney can significantly impact the success of your claim. With the right legal guidance, you can navigate the complexities of product liability and secure compensation to support your recovery and future well-being. Contact us at the Law Offices of Janice Maloney to learn more about product liability.

Signs of Nursing Home Negligence

Mon, 01 Jul 2024 05:32:53 GMT

Ensuring the safety and well-being of a loved one placed in a nursing home is of paramount importance. Sadly, negligence in nursing homes is a reality that many families must confront. Understanding the signs of negligence can empower you to take timely action, potentially involving a negligence law specialist or a medical malpractice lawyer. Here are key indicators that suggest your loved one might be experiencing neglect.

Unexplained Physical Injuries

One of the most blatant signs of negligence is unexplained physical injuries. Bruises, fractures, or cuts that appear without a coherent explanation should raise immediate concern. These injuries may result from falls, improper handling, or even physical abuse. Nursing home staff should always provide a clear, consistent account of how injuries occur. If they cannot, it may be a red flag indicating negligence.

Poor Hygiene and Unsanitary Living Conditions

Nursing homes have a duty to maintain the cleanliness of their facilities and the personal hygiene of their residents. Poor hygiene, such as unwashed hair, dirty clothes, or infrequent bathing, often points to staffing issues or neglect. Additionally, unsanitary living conditions — such as soiled linens, unpleasant odors, and unclean communal areas — can lead to several health risks and are clear indicators that the facility is not meeting basic care standards.

Weight Loss and Malnutrition

Proper nutrition is crucial for the elderly, whose nutritional needs are often higher due to age-related changes in their bodies. Significant, unexplained weight loss or signs of malnutrition, like pale skin or listlessness, might indicate that your loved one is not receiving adequate meals or hydration. This may stem from neglect in meal planning, insufficient feeding assistance, or even intentional withholding of food and water.

Emotional and Psychological Distress

Neglect is not always physical — emotional and psychological neglect can be equally damaging. Warning signs include sudden mood changes, withdrawal, depression, or anxiety. If your loved one seems fearful or reluctant to speak in the presence of staff, it could indicate underlying issues such as verbal abuse, social isolation, or neglectful emotional support.

Bedsores

Bedsores, or pressure ulcers, are injuries to the skin and underlying tissue resulting from prolonged pressure. These are often found in residents who are bedridden or immobile and should not occur with proper care. The appearance of bedsores suggests that necessary precautions, like regular repositioning or adequate bedding, are not being taken, reflecting negligent care practices.

Medication Errors

Proper medication management is critical for nursing home residents who typically require multiple prescriptions. Signs of medication neglect can include missed doses, incorrect administration, or adverse reactions pointing to potential errors. Nursing homes are responsible for accurately administering medications as per medical guidelines, and any deviation can have severe health implications.

Lack of Response to Medical Needs

Timely and appropriate medical attention is vital for the elderly, who often deal with multiple health issues. Signs of negligence can include delayed response to medical emergencies, ignoring symptoms, or refusing to provide necessary medical treatments. If staff members are not attentive or dismissive of your loved one's health complaints, it is a concerning sign of medical neglect.

Legal Recourse and Professional Help

If you suspect your loved one is experiencing nursing home negligence, it is crucial to seek immediate professional help. Consulting a medical malpractice lawyer can provide you with the necessary legal guidance. They can help you understand negligence law and your options for holding the nursing home accountable. Documenting any signs of negligence and gathering evidence will support your case.

Protecting your loved one's health and dignity requires vigilance and awareness. Recognizing and addressing signs of negligence promptly can prevent further harm and ensure that your loved one receives the care and respect they deserve. When in doubt, seek professional advice to explore all legal avenues and secure your loved one's safety and well-being. For expert legal representation in nursing home neglect cases, contact the Law Offices of Janice Maloney.

What to Do If You Sustain an Injury on a Commercial Property

Mon, 17 Jun 2024 13:38:58 GMT

Accidents can happen anywhere, including on commercial properties. Whether you slip and fall in a grocery store or are injured at a shopping mall, it's important to know what steps to take if you sustain a personal injury on someone else's property. In this article, we will discuss the importance of hiring a lawyer and the legal steps you should take following an accident on a commercial property.

Seek Medical Attention

The first step after sustaining a personal injury on a commercial property is to seek medical attention right away. Even if your injuries seem minor at first, it's essential to get checked out by a healthcare professional to ensure there are no underlying issues. Not only is this important for your well-being, but it also creates documentation of your injuries that can be used in any legal proceedings.

Document the Incident

It's crucial to gather as much evidence as possible following the accident. This includes taking photos of the scene, obtaining contact information from any witnesses, and making notes about what happened leading up to the incident. The more documentation you have, the stronger your case will be if you decide to pursue legal action against the commercial property owner.

Contact a Personal Injury Lawyer

One of the most important steps you can take after sustaining a personal injury on a commercial property is to contact a personal injury lawyer. When dealing with injuries, it’s crucial to have professional legal support to ensure your rights are protected. A skilled attorney will be able to assess your case, determine the extent of liability, and provide guidance on your legal options.

They can help you gather necessary evidence, such as medical records and witness testimonies, to build a strong case. Additionally, they will assist you in navigating the complex process of filing a claim against the responsible party, negotiating with insurance companies, and pursuing appropriate compensation for your medical expenses, lost wages, and pain and suffering.

Know Your Rights

It's essential to understand your rights when it comes to personal injury cases on commercial properties. The property owner has a duty of care to maintain safe premises for visitors, which includes regularly inspecting the property, addressing potential hazards, and providing adequate warnings about any known dangers. If they fail in that duty, they may be held liable for any injuries that occur as a result.

This liability can cover a range of scenarios, from slip and fall accidents due to wet floors to injuries caused by faulty equipment or inadequate security measures. It may even cover incidents that happen on the sidewalk outside a shop or in the parking lot. A knowledgeable personal injury lawyer can help you navigate these laws and ensure that your rights are protected throughout the legal process.

File a Claim

If you decide to pursue compensation for your injuries sustained on a commercial property, your lawyer will help you file an official claim against the responsible party. This may involve negotiations with insurance companies or even filing a lawsuit in court. Having an experienced attorney by your side can significantly increase your chances of receiving fair compensation for your injuries.

Sustaining a personal injury on a commercial property can be overwhelming, but knowing what steps to take can make all the difference in getting justice and compensation for your injuries. By seeking medical attention promptly, documenting the incident thoroughly, contacting a personal injury lawyer, knowing your rights, and filing an official claim against the responsible party, you can protect yourself and hold negligent property owners accountable for their actions.

Contact our team at the Law Office of Janice Maloney to learn more about upholding your rights and receiving compensation.

Navigating Rights in Prescription Drug Error Cases

Wed, 20 Dec 2023 08:54:18 GMT

Prescription drug errors can have serious, even life-threatening, consequences for patients. These errors may range from incorrect prescriptions to dosage mistakes or harmful drug interactions.

Understanding the legal landscape surrounding such errors is crucial for patients who have suffered due to these mistakes. This blog delves into the types of prescription drug errors, their impact on patients, and the legal rights individuals have when seeking compensation.

The Types of Prescription Drug Errors

There are various forms of prescription drug errors, each with potential risks to patient health.

Incorrect Dosage: One common error involves prescribing or administering the wrong dosage of medication, leading to underdosing or overdosing.
Wrong Medication: Mistakes can also occur in dispensing, where a patient receives the wrong medication entirely.

Identifying the type of error is the first step in understanding its potential impact and the necessary legal action.

The Consequences of Prescription Drug Errors

The impact of prescription drug errors on patients can range from minor discomfort to severe health complications or even death.

Immediate Health Risks: Some errors can result in immediate adverse reactions, including allergic responses or exacerbation of the medical condition being treated.
Long-Term Health Effects: In some cases, incorrect medication or dosages can lead to long-term health issues, requiring further medical treatment.

Understanding the health consequences is essential for patients considering legal action for prescription drug errors.

The Rights and Legal Recourse for Patients

Patients have specific rights when it comes to prescription drug errors, which can form the basis of a legal case.

Right to Safe Treatment: Patients have the right to receive safe and accurate medical treatment, including proper medication.
Seeking Compensation: Those affected by prescription drug errors have the right to seek compensation for damages, including medical expenses, lost wages, and pain and suffering.

Navigating these legal rights requires understanding the nuances of medical malpractice law.

The Negligence Necessary in Prescription Drug Error Cases

To successfully claim compensation, the patient must prove negligence on the part of the healthcare provider or pharmacist.

Duty of Care: The patient must demonstrate that the healthcare provider, at the time they were cared for, held a responsibility to provide them with a certain standard of care.
Breach of Duty: The patient must demonstrate that this duty of care was breached through the incorrect prescription or dispensing of medication.

Proving negligence is a critical component of a prescription drug error case and requires detailed evidence and expert testimony.

The Importance of Documentation in Drug Error Claims

Accurate documentation plays a pivotal role in strengthening a prescription drug error claim. Keeping thorough records can significantly bolster a patient's case.

Medical Records: It's essential to maintain detailed medical records that document the prescription provided, the administration of the drug, and any subsequent medical treatments required due to the error.
Personal Documentation: Patients should also keep a personal log of their experiences, symptoms, and any additional costs incurred because of the error.

Having comprehensive documentation provides concrete evidence to support the claim, enhancing the likelihood of a successful legal outcome.

The Role of Legal Representation

Navigating a prescription drug error case can be complex, making skilled legal representation essential.

Legal Expertise: An experienced attorney can help in gathering evidence, consulting medical experts, and building a strong case.
Advocacy and Support: Legal representation ensures that the patient's rights are protected and that they receive fair compensation for their suffering.

An attorney's expertise is invaluable in guiding patients through the legal process and achieving a just outcome.

If you or a loved one has been affected by a prescription drug error, it's important to seek expert legal advice to explore your options. Maloney Pat Law Offices is here to help. Contact us for guidance and support in your pursuit of justice and fair compensation.

5 OBGYN Mistakes That Can Lead to Medical Malpractice

Sun, 01 Oct 2023 20:27:12 GMT

Obstetrics and gynecology (OBGYN) focuses on women's reproductive health. OBGYNs are responsible for providing comprehensive care to women during pregnancy, childbirth, and throughout their reproductive years.

However, like with any medical professional, OBGYNs are susceptible to making medical mistakes during your care. Unfortunately, those mistakes can have serious consequences for their patients. If you feel that you've suffered harm due to a medical mistake by your OBGYN during your pregnancy, read the list below. Here are five OBGYN mistakes that can lead to medical malpractice.

Failure to Diagnose Complications

One serious mistake your OBGYN can make is failing to diagnose or treat complications during your pregnancy. Failure to diagnose or treat complications can include issues like preeclampsia, gestational diabetes, or placental abruption.

Failing to identify and treat these conditions can cause serious harm to you and your baby. If your OBGYN has failed to diagnose or treat a pregnancy-related compilation, speak to an attorney right away. You could have a medical malpractice claim against your OBGYN.

Surgical Errors During a C-Section

Cesarean sections (C-sections) are common surgical procedures. In fact, many births in the United States are by C-section. C-sections are usually performed by OBGYNs when vaginal delivery is not possible, or when a vaginal delivery would pose a risk to you or your baby.

However, surgical errors during C-sections can lead to severe complications and even death. Mistakes can include improper incisions, organ damage, or infections. These mistakes can occur due to negligence or lack of surgical skills.

Inadequate Labor Monitoring

During labor and delivery, your OBGYN should provide continuous monitoring for you and your baby. Fetal monitoring ensures the well-being of your baby. This monitoring makes sure that your baby is receiving sufficient oxygen. It also ensures that your baby isn't in distress. Failure to properly monitor the fetal heart rate or to check for signs of distress can result in birth injuries or even stillbirth. Your OBGYN should also monitor your condition during labor.

Maternal monitoring can identify things like high blood pressure, heart conditions, and placental conditions like placental abruption. If you or your baby have suffered injuries due to inadequate monitoring during labor, don't wait to seek legal help.

Lack of Communication

Proper communication between you and your OBGYN is essential during your pregnancy. Good communication ensures informed decision-making. Failure to provide you with information about the risks, benefits, and alternatives of a particular procedure can lead to medical malpractice.

Your OBGYN needs to ensure that you understand your options. That way, you can actively participate in the decision-making process. Communication ensures that you're well-informed when you give your consent for procedures and treatment during your pregnancy.

Prescription Errors

If you're prescribed medication during your pregnancy, your OBGYN needs to ensure that it's safe for you and your baby. That means your OBGYN needs to assess the potential risks and benefits of each medication. They should also take your health into account and how the medication will impact your developing fetus.

Incorrect dosages or prescribing medications that can interact with each other can cause serious complications for both you and your baby. If you suffered a prescription medication compilation during your pregnancy, you may have a medical malpractice claim against your OBGYN.

If you or your baby sustained injuries during labor and delivery, call The Law Offices of Janice Maloney right away. Our firm is here to answer any questions you might have about filing a medical malpractice claim against your OBGYN. We can also provide guidance on how to protect your malpractice claim and support you during the legal process. We are here to assist you in your time of need.

Typical Hurdles In Product Liability Claims And The Power Of Legal Expertise

Thu, 24 Aug 2023 01:27:22 GMT

In the complex realm of product liability law, it's not uncommon to feel like David battling Goliath. You've been wronged by a defective product, and now you're up against powerful corporations with vast resources at their disposal.

But don't be disheartened. This uphill battle is not insurmountable, and a strong legal ally can make all the difference. This blog post highlights three common challenges in a product liability lawsuit and sheds light on how an experienced, savvy lawyer can turn the tide in your favor.

Proving That the Product Was Defective

Proving that a product is defective can be a huge challenge in product liability lawsuits. You need to show that the product was unreasonably dangerous and that the dangerous condition existed at the time of manufacture. Proving such things can be complicated, especially if the product has gone through several alterations with time.

Furthermore, the definition of a 'defect' can vary, adding another layer of complexity. A product could be 'defectively designed,' 'defectively manufactured,' or lack sufficient instructions or warnings. Each type carries different legal implications and requires different approaches to prove.

You might need to call upon experts to corroborate your claims. Their opinions can be subject to scrutiny and dispute, which adds to the challenges of proving the product was indeed defective. Without a strong legal ally, your case may become mired in paperwork and technicalities, reducing its chances of success.

A good lawyer with expertise in product liability cases can help you navigate the complexities and gather as much evidence as possible, to prove the product was indeed defective. They can also use their professional networks to seek outside experts who can testify in your favor and help bolster your case.

Establishing Damages

With product liability lawsuits, you need actual proof that the product caused you some form of damage. This could include physical injury, medical bills, lost wages, loss of quality of life, and so on. Establishing such damages is tricky because you need to show that the defect in the product or its manufacturer was actually responsible for your injuries.

This can be challenging if other factors are involved. For instance, you may have used the product incorrectly when it caused the injury. Or maybe you modified the product, which caused it to malfunction. In most cases, proving that you had no role to play in the injury is difficult since the burden of proof lies with you.

Your lawyer can help you establish damages and advise you on what evidence to gather, how to present it before the court, and how to prove that your own negligence wasn't a factor in the injury. These nuances can make or break your case, so go over your case carefully to fully understand the implications.

Facing a Large Corporation or Manufacturer

Defendants in most product liability lawsuits are usually large companies or corporations with deep pockets and an army of legal professionals at their disposal. These defendants have the means to hire massive legal teams, which can make your case a protracted, uphill battle. It's easy to feel intimidated and outmatched in such a situation if you don't have a legal representative on your side.

But you shouldn't have to feel helpless against a formidable opponent. A good lawyer will be able to cut through the bureaucracy and maneuver around seemingly insurmountable obstacles. They'll know how to use levers such as settlement negotiations that can quickly resolve the matter in your favor. This puts you on equal footing with the other party and ensures you have a chance at justice.

While these challenges aren't all-inclusive, they provide a glimpse into the complexities of product liability lawsuits. But you don't have to face them alone. Talk to us at Maloney Pat Law Offices to learn how our experienced team can help you fight for justice and a fair resolution.

A Quick Guide to Expert Witnesses in a Medical Malpractice Case

adrian.lagaya@personive.com (Adrian R. LAGAYA) — Wed, 19 Jul 2023 14:05:28 GMT

You may have a medical malpractice case if a healthcare provider's actions deviated from accepted medical practices and caused you harm. Legal action may help you seek compensation for damages, including medical expenses, lost wages, and pain and suffering. Expert witnesses can help support your claim and increase your compensation. Here is a quick guide to expert witnesses in a medical malpractice case. 

Why Is Medical Expert Testimony Needed?

Discover the key reasons why medical expert testimony is vital in medical malpractice cases.

Establishing the Standard of Care

Medical experts provide an objective perspective by evaluating the actions of healthcare professionals involved in the case. They compare the defendant's actions to the standard of care expected from a reasonable and competent medical practitioner in similar circumstances. By offering their professional opinion, these experts help the court understand whether the healthcare provider's actions deviated from accepted medical standards.

Interpreting Medical Information

Medical malpractice cases often involve intricate medical details and terminology that can be challenging for the average person to comprehend. Medical experts possess specialized knowledge and experience in their respective fields, enabling them to analyze medical records, test results, and other relevant information. They can explain complex medical concepts, procedures, and the cause-and-effect relationships between medical actions and patient outcomes to the court.

Establishing Causation

Proving causation is a crucial element of a medical malpractice claim. Medical experts play a crucial role in establishing a connection between the healthcare provider's actions or omissions and the patient's injuries. They evaluate the chain of events, consider all relevant factors, and determine whether the harm the patient suffered was a direct result of the defendant's negligence. Their testimony helps the court understand how the defendant's actions or lack thereof contributed to the patient's harm.

Educating the Jury

In a medical malpractice trial, the jury typically consists of individuals without medical backgrounds. Medical experts act as educators, breaking down complex medical concepts and providing unbiased opinions to help the jury reach an informed decision. By presenting the facts in a comprehensible manner, these experts ensure that the jury can make an accurate assessment of the case based on the medical evidence presented.

Strengthening the Plaintiff's Case

Medical expert testimony bolsters the plaintiff's claim by providing an authoritative voice in support of their allegations. The expert's professional opinion lends credibility to the plaintiff's argument, demonstrating that their claims are based on sound medical principles. Their testimony can counter the defense's arguments and effectively address any attempts to refute the plaintiff's allegations.

Who Can Qualify To Be an Expert Witness? 

Various requirements are necessary for qualifying as an expert witness in medical malpractice litigation:

Possess the necessary knowledge, skills, and experience in the specific medical field relevant to the case. 
Produce professional credentials, such as a medical degree, specialization, board certifications, professional licenses, and any additional training or education that enhances expertise.
Have a current or recent active practice in the field relevant to the case. 
Demonstrate reputation within the medical community through recognition, awards, publications, research contributions, or leadership roles within relevant medical associations.
Have prior experience serving as an expert witness in medical malpractice cases. Not that this is beneficial but not always a requirement.
Adhere to the standards and guidelines set forth by the legal system regarding expert witness testimony.

If a person meets these qualifications, they can position themselves as a qualified expert witness in medical malpractice litigation.

If you or your loved ones have suffered due to medical malpractice, nursing home negligence, personal injury, or product liability, it's time to act. Don't let negligence go unchecked or injustices ignored. Contact the Law Offices of Janice Maloney today , and let our experienced team fight for the compensation and justice you deserve.

3 Types of Defective Product Liability Claims

Wed, 10 May 2023 04:42:04 GMT

You can launch a product liability claim if you use a product and get injuries from it. The type of claim depends on the category of defects. Also, product defective laws vary greatly. Learn about the three common types of product liability claims.

1. Defectively Manufactured Products

Defects during the manufacture of a product are obvious causes of product liability claims. The defect happens because of some errors that affect the manufacture of the product. The error makes the product different from similar products on sale. Some common types of manufacturing defects include a poisonous substance in a product, cracks or loose parts of a machine, and missing sections of a product.

Defectively manufactured products can cause significant damage to people who use them. If you use defective merchandise, you can get compensation for lost wages, prescription medication, ongoing care, surgeries, and hospital bills.

However, proving manufacturing defects is not easy. Your attorney must prove that the product contained a defect and is different from similar products. Your attorney must also convince the court that the manufacturer was aware of the defects but failed to take any corrective action. The court will also want to know how the defect was directly responsible for your injury.

Even if the product causes injury, you must prove that the injury caused significant damage to your life. For example, the products might have led to discomfort, pain, and medical expenses.

In some cases, defectively manufactured products can lead to death. In this case, the victim's loved ones can get compensation due to the wrongful death liability.

2. Design Defects

While manufacturing defects affect one or two products, design defects affect all products in that product line. The problem is not because of manufacturing error but due to a defect that happened during the design stage. Design defects are available in every item in the product line but may not necessarily cause injuries in everybody who uses the product.

Victims of design defects usually sue the company that designed the product and not the seller or manufacturer of the product. Most design defects cause injuries, but others can reduce the effectiveness of the product. For example, you may have an electronic device that generates excessive glare, which makes it difficult to use the device.

Another way to win a design defect is to argue that the defective product's risk outweighs the benefits. If pursuing a strict liability case, the product designer can still be liable even if they took all measures to design a safe product. In this case, you just have to prove that the product can cause injury.

3. Labeling or Warning Defects

A product that is safe to use might have other forms of danger without proper usage. Therefore, manufacturers must take measures to clearly label and provide warnings to users about the product's possible risks. Common examples of possible dangers include the ability to cause injury, flammability, and choking hazards.

Even if the manufacturer includes the warning, they can still face a product liability lawsuit. This can happen when the manufacturer uses incorrect wording or doesn't locate the warning in a conspicuous place on the product. Other circumstances surrounding the manner in which the warning is displayed can also lead to product liability.

However, manufacturers can only provide warnings of risks that they know. That means the manufacturer must have prior knowledge of a prevailing risk and include it in the warning.

Did you use a product that caused severe injuries to you? The Law Offices of Janice Maloney is a law firm that provides personal injury legal services. In addition to product liability, we can also help with personal injury cases, nursing home negligence, and medical malpractice. Contact us today for more information.

Can Cancer Misdiagnosis Become a Medical Malpractice?

Tue, 04 Apr 2023 18:19:23 GMT

Anyone who feels a lump in any part of their body rushes to the hospital, hoping it's not cancer. About 28% of these cases get misleading or delayed diagnoses.

The physician prescribes a treatment process that is not cancer-related. Eventually, cancer develops into a life-threatening condition. Some people have experienced such situations and lost loved ones because of a misdiagnosis of cancer.

To sue for malpractice, you need to understand the cause of the misdiagnosis, the physician's duty of care, and the circumstances under which this condition becomes medical malpractice.

What Leads to a Cancer Misdiagnosis?

Understanding the cause of the misdiagnosis plays a major role in filing a lawsuit. Cancer misdiagnosis usually occurs because of human or physician error. Some of the causes include the following:

The type of cancer. Cancer is challenging to determine. The most common ones include breast cancer, melanoma, pancreatic cancer, and lung cancer.
The symptoms. Some physicians diagnose the wrong kind of cancer and administer an inappropriate treatment method in cases where a patient's symptoms mimic another kind of cancer.
The test result errors. Sometimes, misdiagnosis occurs when doctors rely on diagnostic test results from the pathological laboratory or radiology clinic. These tests are prone to errors because of faulty machinery and human error. The lab employee may also record the wrong test results.
Doctor negligence. In other cases, doctors fail to exercise professional skills during tests and when establishing symptoms.

What Is the Doctor's Duty of Care When Making a Diagnosis?

Once you ascertain the reason behind the misdiagnosis, determine whether the doctor owed a duty of care to you as a patient. These include their responsibility to thoroughly assess the condition, diagnose, communicate, and refer the patient for better medical care.

Every physician must uphold their duty of care to patients. They are legally required to provide quality medical care without causing harm to the patients. A misdiagnosis due to medical negligence indicates that the physician did not meet the industry's standard of care and violated the legal duty, and they should be held responsible for any damages.

To prove the breach in this standard of care, you will need to find an experienced medical expert and explain every aspect of your case. They should be willing to testify regarding what a responsible doctor with similar training and education would have done under the same circumstances. They can also explain a subjective thought of what the physician did or did not do to cause the misdiagnosis.

When Does a Misdiagnosis Become a Medical Malpractice?

For a physician's actions or lack of actions to be medical malpractice, you must prove that a timely diagnosis would likely lead to a significantly better outcome. Some cancers offer low survival rates to patients. In such a case, a week or month difference in an accurate diagnosis could not have made a difference in the outcome.

But, if cancer is caught early, chemotherapy and other treatment measures can eliminate the cells in time because they may not have metastasized.

Some medical malpractice circumstances on which you can base your claim include:

Dismissed complaints. These complaints were in line with the cancerous cells diagnosis.
Failure to determine cancer symptoms. If these symptoms were so apparent that even a less experienced physician could notice, the doctor violated their duty of care.
Failure to recommend the right tests . The doctor did not order an appropriate blood test or scan.
Misinterpretation of diagnostic tests. The physician misinterpreted X-ray reports and CT scans.

Once you notice your physician violated your rights to proper cancer diagnosis, talk to an experienced lawyer and file a lawsuit. At the Law Offices of Janice Maloney, we care about our clients and provide quality legal representation. Contact us to work with a reputable medical malpractice attorney.

Common Surgical Errors That May Cause Medical Malpractice

Wed, 01 Feb 2023 18:00:48 GMT

No matter the purpose or situation, surgery is a severe medical treatment. Furthermore, surgery is an invasive procedure that requires skill and precision to be performed correctly.

Unfortunately, mistakes can occur in the operating room due to the surgeon's negligence or unavoidable circumstances. While some surgical errors are just mistakes, others can lead to medical malpractice claims. Discover common surgical errors, causes, consequences, and how to file a claim.

Wrong-Site Surgery

Wrong-site surgery is one of the most common surgical errors. The error occurs when a surgeon performs an operation or injects anesthesia on the incorrect body part, organ, or patient. This error may be due to poor communication among members of the operating team, last-minute changes, or incorrect documentation.

Wrong-site surgery puts the victim at risk of permanent scarring, infections, and in severe cases, death. The surgery can also lead to unnecessary pain and suffering for the victim and extended hospital stays.

Unnecessary Operation

Considering the severe risks associated with any surgery, patients should never undergo unnecessary surgical procedures. This error occurs when a surgeon performs a procedure on the wrong patient or misdiagnoses a condition, leading to an unnecessary operation.

Unnecessary surgery may also occur due to a swap of medical records, wrong specimens sent for testing, or the patient being subject to multiple surgeries due to faulty equipment. The consequences of an unnecessary operation include unnecessary physical and emotional pain, lengthy recovery, incorrect diagnosis and treatment of the condition, and financial loss.

Anesthesia Errors

Anesthesia errors occur when a patient is given the wrong dosage or type of anesthesia. Therefore, the anesthesiologist must keenly monitor the patient's vitals during the operation to avoid complications. Anesthesia errors can result from a lack of communication between the operating team, incorrect dosage, or unexpected reactions from medication given to the patient.

The consequences of an anesthesia error include seizure, dementia, respiratory distress, and hallucinations. In extreme cases, anesthesia errors may result in death.

Surgical Instruments or Sponges Left Inside Patients

Surgeons must count the number of surgical instruments and sponges used on a patient before, during, and after the surgery. This step is crucial in ensuring that none of the items are left inside the patient's body.

The causes of this error often include poor communication between operating team members or long work hours, which may cause fatigue. The consequences of this error include severe infection and organ damage, additional surgery to remove the instruments or sponges, and a more extended hospital stay.

Injuries Caused During Surgery

Surgical errors may also cause physical injuries and trauma during the procedure. These errors are usually caused by an inexperienced surgeon, faulty medical equipment, or lack of training to use the equipment.

Injuries caused during surgery can lead to permanent disability, disfigurement, additional surgeries, and extended hospital stay. In addition, the victim can also suffer severe pain and suffering due to these mistakes. If you or your loved one is a victim of any of the above surgical errors, you can file a medical malpractice claim. However, the success of your claim will depend on your ability to prove negligence.

Proving negligence can be daunting, so you need to consult a medical malpractice attorney with experience in such cases. An experienced lawyer will assess your case to establish if it qualifies as medical malpractice and help you build a strong claim. The attorney will also evaluate other factors, such as the amount of compensation you are entitled to and how long your case may take to settle.

You can trust us at the Law Offices of Janice Maloney to provide you with the help and guidance you need during this traumatic time. Our experienced medical malpractice attorneys are ready to assist you in getting the justice and compensation you deserve. Contact us today for a free consultation.

A Guide to Hospital-Acquired Infection and Claim Filing

Wed, 26 Oct 2022 05:00:43 GMT

Unfortunately, some individuals leave the hospital worse than when they were admitted. And one cause of health deterioration is negligence, whereby the facility or medical practitioners fail to provide the necessary standard of care.

While there are numerous types of medical malpractice, one of the most serious is when a patient contracts an infection while under care. Read on for everything to know about hospital-acquired infections.

What Is a Hospital-Acquired Infection?

A hospital-acquired infection (HAI) is an infection that occurs while you are in the hospital receiving treatment for something else. The most common types of HAIs are:

gastroenteritis
meningitis
pneumonia
surgical site infections
urinary tract infections (UTIs)

These infections may happen anywhere, from your blood to your urinary tract to your surgical wound.

What Causes Hospital-Acquired Infections?

Numerous situations may lead to the development of an HAI. Here are the common culprits.

Hospital Overcrowding

If the hospital is frequently at or near full capacity, the issue may increase the risk of infection. That's because there are more people in close quarters, which makes it easier for germs to spread.

Improperly Sanitized Medical Devices

If medical devices aren't properly sanitized between patients, infections may pass from one person to the next. Some highly overlooked devices that require proper cleaning before use on different patients include the catheter, ventilator, and blood pressure cuff.

Poor Hand Washing

One of the most common ways hospital-acquired infections are spread is through the transfer of germs from one person's hands to another person's body. For example, if the doctor or nurse fails to wash their hands or wear gloves before examining a patient, they may unknowingly transfer bacteria.

Weak Immunity

Individuals with a weak immune system have a greater chance of developing an infection, as their bodies cannot fight off germs as effectively.

Dirty Beds and Floors

If the hospital beds and floors are dirty, germs and bacteria can linger and cause infections.

How Do Hospital-Acquired Infections Affect Your Health?

The effects of an HAI can be severe and, in some cases, even deadly. The infection can quickly spread through your body, leading to organ failure or sepsis.

Sepsis is a life-threatening condition that occurs when an infection spreads throughout the body and triggers a severe immune response. If not treated immediately, sepsis can lead to tissue damage, organ failure, and death.

Things get worse if you are yet to recover from the primary illness that caused you to be hospitalized in the first place. In such a scenario, your body is already weak and vulnerable, which makes it even harder for you to fight off an infection.

Do You Have a Viable Claim After a Hospital-Acquired Infection?

Suppose you or your loved one has contracted an infection while receiving treatment in the hospital. In that case, you may be eligible to file a claim and seek compensation for economic and non-economic damages.

To have a viable claim, you must prove that the infection was caused by the negligence of the hospital or healthcare staff. For example, if you can verify the infection was caused by dirty medical equipment or poor hand washing, you would have a strong case.

You also need to prove that the infection resulted in physical, emotional, or financial harm. For example, you would have a strong case if the infection led to sepsis and organ failure, resulting in costly medical bills and a lengthy recovery period.

If you're unsure whether you have a viable claim, the best thing to do is to speak with a medical malpractice lawyer specializing in hospital-acquired infection cases. The attorney will assess your case and guide you so you won't make mistakes that could harm your chances of a successful claim.

You can trust us at the Law Offices of Janice Maloney to give you the legal help and support you need if you've been affected by an HAI. We have decades of experience handling medical malpractice cases and will fight to get you the compensation and justice you deserve. Contact us for a consultation.

Do's and Don'ts of a Medical Malpractice Claim

Wed, 31 Aug 2022 08:39:38 GMT

Medical malpractice happens when a medical practitioner fails to provide the right medication, does not take the right action, or administers treatment to a patient that may cause harm, injury, or death. Examples of medical malpractice incidents include; failure to diagnose or prescribe the wrong diagnosis, wrong drug prescription, wrong or unnecessary surgery, and leaving surgery tools inside a patient's body.

Medical malpractice may be the last thing on your mind when you or your loved one is receiving treatment. However, if you feel a medical practitioner has not dealt with your issue with the utmost professionalism, you may file a medical malpractice claim. Below are some of the do’s and don'ts of filing a medical malpractice suit.

Do Collate All Medical Records

Evidence is very important in any medical malpractice case. Collect and safely record all documentation from the hospital. The documentation includes payment receipts, doctor's reports, and any scans like x-rays that you may have undertaken.

Photographs of any physical injuries or bodily harm you experience are also great evidence. If you can, keep a journal detailing everything you can in chronological order in a way that will be easy for a third party to understand. All these documents will act as evidence for your lawyer as they try to get you the best settlement claim.

Do Contact Your Lawyer Early

Once you notice that you are not receiving the most professional medical care and decide to seek medical malpractice compensation, you should immediately reach out to a lawyer. The attorney will guide you on the next steps toward filing your settlement claim. The attorney will also help you gather all the necessary material to further your case.

Do Act In Haste

As much as possible, act quickly to gather all the information you need from the doctor or the hospital. Once you file a claim against them, getting information may become a challenge.

Don't Overshare Information

When filing a medical malpractice claim, you should be careful what you share online, as well as what you share with your friends and family, the insurance adjuster, the medical facility, and its staff. What you say or share may work against you during your settlement claim.

Run things through your attorney if you have to post online. If at all you need to speak to any officials, make sure your lawyer is always present and make sure to record the conversation.

If there is any evidence that the opposing side tables, make sure to get your copy. If you can, try to get and keep a record of any information they may share online or with other parties necessary to the case.

Don't Assume Anything

A great mistake when seeking a medical malpractice claim would be to leave things to chance. Do not assume that you know the next steps or that the medical facility or doctor will aid in your case; you should always follow up and get a confirmation for any step of the case. Insist on written communication and signed documents that you can refer to at a later date.

Don't Act Without Your Lawyer

Do not start any settlement negotiations or even try to file a medical malpractice claim without the guidance of an attorney. A lawyer will guide you every step of the way as they have experience handling such cases; this will save you from unnecessary back and forth and will also make the process much easier for you.

While we don't wish for you or your loved ones to ever need a medical malpractice lawyer, sometimes the need is inevitable. If you are in this situation, reach out to the Law Offices of Janice Maloney today for a consultation with one of our medical malpractice lawyers.

Ways to Protect Your Loved One From Nursing Home Abuse

Fri, 08 Jul 2022 12:55:33 GMT

Taking care of an elderly person can be an overwhelming task, especially if you are busy. For this reason, many people prefer taking their loved ones to a nursing home.

Unfortunately, not all nursing home facilities are safe for your loved ones. Many elderly Americans in nursing homes face different forms of abuse, including physical, sexual, and financial abuse. Nursing home abuse can significantly affect your loved one. Therefore, you need to look for ways to protect your loved ones.

This article highlights three ways to protect your elderly loved ones from nursing home abuse.

1. Visit Regularly

If you take your elderly loved one to a nursing home, you need to visit them regularly. For instance, you can set aside one day a week to visit the nursing home, especially during weekends when you are not busy.

Regular visits promote social interaction and allow the elderly individual to feel loved. Additionally, regularly checking on your loved ones gives you the chance to know how they are doing and if they are enjoying their stay at the nursing home. These visits also enable you to easily notice changes in your loved one's behavior, condition, and mood.

Besides scheduling regular visits, you can randomly show up at the nursing home. When the staff knows your schedule, they are likely to change their routine on that particular day. Random and unannounced visits will help you paint an accurate picture of how the nursing facility handles your family members. Additionally, you will get a clear picture of the facility's natural environment.

2. Do Your Research

Before you take your elderly loved one to any nursing home, you need to do your homework.

Here are the things that you need to look at when you look for a nursing home:

Licensing : A license is essential since it can protect you and your loved one if any problem arises. Additionally, a license serves as proof that the facility adheres to all protocols.
Staff certification : Taking care of the elderly is not a walk in the park. Therefore, you need to ask the management if their caregivers are properly trained on how to handle the elderly.
Financial Stability : A financially stable nursing home offers your loved ones everything they need.
Staff-to-resident ratio : Every person in a nursing home needs special care and attention to ensure their well-being. Therefore, before you put your loved one in a nursing home, check whether there is enough staff to handle their needs.
Cleanliness : A clean environment protects your loved ones from infection, ensuring they remain healthy.

Looking for a reputable nursing home is not an easy task. To avoid making mistakes, you can ask for recommendations from family members and friends who have put their loved ones in a caregiving facility. You can also look at the nursing home reviews from renowned agencies like US News and World Report .

3. Get Involved in Care Planning

The best way to protect your elderly loved ones from nursing home abuse is to get involved the caregiving planning. As soon as your family member enters the facility, the caregivers need to provide you with a written plan customized according to a person's needs. Carefully go through the plan to ensure everything is okay.

Moreover, you need to make a point to attend resident council meetings. Often, nursing homes hold meetings to allow residents to raise their concerns and give suggestions on improving the facility. Attending these meetings will enable you to contribute your suggestions to help improve the nursing home and advocate for your loved one.

Every elderly person needs to feel safe and protected in a caregiving facility. If you suspect your loved one is facing any form of abuse in a nursing home, contact the Law Offices of Janice Maloney for legal actions.

5 Warning Signs of Neglect or Abuse in Nursing Homes

Sat, 30 Apr 2022 11:24:20 GMT

When you entrust your loved ones to a nursing home, you expect the staff to treat them with utmost care. However, cases of elder abuse are rife in eldercare centers. When you visit your parents or loved ones in nursing homes, watch out for the signs below that may indicate elder neglect or abuse.

1. Poor Hygiene

Federal and state requirements mandate nursing homes to maintain safe, clean, and sanitary conditions for residents. Many residents in eldercare centers are too frail to do personal care on their own, especially those with conditions like dementia and Alzheimer's disease.

Poor hygiene is a common indication of nursing home abuse, where staff don't adequately bathe a resident or wash their clothes. Are the beddings, kitchen, bathroom, and other common areas always dirty? Do you frequently find your loved one in soiled diapers?

An understaffed nursing home is among the common causes of poor hygiene. Other eldercare centers hire untrained and uncertified staff in eldercare. Poor hygiene in a nursing home can cause disease outbreaks, significantly affecting immunocompromised residents. In such cases, file a nursing home abuse lawsuit to get the compensation your loved one deserves.

2. Unexplained Cuts, Bruises, and Skin Tears

Signs of elder physical abuse are easy to spot via visible injuries like burns, cuts, bleeding, and broken bones. These injuries arise from the aggressive actions of nursing home staff, such as striking, slapping, pushing, and hitting with objects. Also, look for signs of restraints, such as bruises and abrasions around the ankles, wrists, and knees.

Your loved one may refuse to see a doctor about their injuries, or the nursing staff may refuse to leave the resident alone when you visit. Such cases are serious, and you should report the center to authorities and hire an attorney.

3. Sudden Weight Loss

While seniors lose weight due to several reasons, sudden weight loss can indicate neglect or abuse. Many nursing home residents have chronic conditions and functional disabilities that impair nutrition and hydration. In the absence of frequent interventions from staff, such seniors lose weight due to improper nutrition.

Seniors who suffer from sudden weight loss are at risk for other issues, such as infections, pressure ulcers, hip fractures, and muscle wasting. Residents in understaffed nursing homes commonly suffer from poor nutrition, as nursing assistants don't have enough time to confirm that the residents receive proper nutrition.

If your loved one suffers from deteriorating health conditions from improper nutrition in an eldercare center, contact an attorney immediately to file a lawsuit.

4. Bedsores

A person who stays in one position for too long, such as in a bed or wheelchair, is vulnerable to bedsores. If a senior has a condition that makes them immobile, they require assistance to switch positions. In the absence of this assistance, seniors develop severe bedsores.

Poor nutrition and hydration and recent weight loss are other risk factors for bedsores. If you notice areas of redness on your loved one's skin, ask staff about their prevention measures against bedsores. If you are unsatisfied with the answers, talk to an attorney about nursing home neglect.

5. Reduced Mobility

While many nursing home residents have mobility issues, you should be worried if your loved one's mobility has reduced since they moved to the eldercare center. Reduced mobility can indicate the lack of individualized attention or the absence of a walking program. A resident who stays immobilized for a long time also develops mobility problems. Over time, immobility leads to blood clots, pneumonia, and other serious conditions.

At the Law Offices of Janice Maloney, we take nursing home abuse issues very seriously. Call us today to ensure your loved one receives compensation for abuse and injury.

All You Need To Know About Product Liability

Tue, 15 Mar 2022 20:35:24 GMT

Many people assume product liability only to comprise defective products that injure consumers. However, product liability is an umbrella term entailing several facets, including design, manufacturing, and marketing defects. Thus, manufacturers may be liable for a functional product that injures consumers because of any of the three defects.

Below is a brief definition of each category to ensure consumers differentiate them and know when to seek compensation for product liability. The blog includes an example of a consumer who purchases a washing machine and potential scenarios where they may seek compensation for product-related injuries:

1. Design Defects

This category covers a product's deficiencies attributable to its design phase. Laws and regulations expect manufacturers to assess their products for any design defects that pose hazards to their end-users. For example, manufacturers should insulate a product's electrical components to safeguard consumers against electrocution. Manufacturers should account for such safety components in the design phase. Otherwise, they may be liable for injuries arising from the design defect.

Suppose a consumer purchases a washing machine whose risk of electrocution was overlooked in the design phase. The manufacturers may be liable for their products' design defects should the consumer suffer injuries. The product liability qualifies as a design defect instead of a manufacturing defect because such hazards should be addressed during product development.

2. Manufacturing Defects

Manufacturing defects cover product inadequacies arising from production mishaps. Even products with foolproof designs can harm consumers, exposing manufacturers to product liability lawsuits. An example entails glitches in the manufacturing system, resulting in a product that does not meet the pre-determined standards. Manufacturers have a duty of care to their consumers in ascertaining that products match the design standards. Otherwise, manufacturers may be liable for selling defective products.

Now suppose the consumer purchases a washing machine with non-insulated electrical components. Also, consider that the manufacturer's product design accounts for the electrocution hazard. It means that the defect occurred in the manufacturing phase. Initially, it may be impossible to attribute the product liability to either design or manufacturing defects. However, a product liability attorney can differentiate them after reviewing the manufacturer's product design and production processes.

3. Marketing and Instructional Defects

Products with validated designs and manufacturing processes may still harm consumers, resulting in liability cases against the manufacturer. Manufacturers have a duty of care towards their consumers' safety. They must ensure that consumers do not suffer injuries in the cause of or after using their products. For example, manufacturers must:

Provide accurate information about a product in their marketing campaigns
Outline potential side-effects of using their product(s)
Caution consumers against safety hazards when using their products
Update consumers on new information relevant to using the products

Unfortunately, some manufacturers overlook one or all of their post-production duties, exposing their consumers to avoidable harms. The omission may be because of manufacturers' negligence or unethical motives like cost saving. Such manufacturers may be liable to compensate injured consumers.

For the third scenario, suppose a consumer purchases a functional washing machine. The machine doesn't have any design or manufacturing defects. However, the manufacturer does not include safety precautions about not touching the washing machine's rear end when it is powered on because of electrocution risks. Imagine that the buyer decides to move the washing machine a few inches away from the wall to allow the fan to operate efficiently. Unfortunately, the consumer touches the rear cover and is electrocuted. The consumer may sue the manufacturer for product liability, citing warning defects.

Consumers who are injured by products should contact Maloney Pat Law Offices for legal counsel on the way forward. Our lawyers will review the incidence, ascertain manufacturers' liability, and pursue fair compensation on their clients' behalf.

How Negligent Hiring Can Lead to Nursing Home Liability

Thu, 20 Jan 2022 01:53:19 GMT

Nursing homes need to ensure they hire the right people. Negligent hiring can lead to employees who can cause harm to nursing home residents. If that happens, the negligent hiring would make the nursing home liable for the damages. Below are examples of such situations.

Failure to Verify Personal References

Employers usually ask for references to confirm the claims of potential employees. Referees can include past employers, professional associates, and religious leaders. Say a nurse aide applies for a job in a nursing home and lists their immediate former employer as a reference. The nursing home should check the nurse aide's claim with their former employer.

Now say the nursing home doesn't verify the nurse aide's claim but goes ahead to employ them. The nursing home might be liable for injuries that the nurse aide might cause to a resident. The nursing home's liability makes even more sense if verification would have made the nurse ineligible for the job.

Failure to Verify Educational Papers

Nursing homes should also verify educational certificates before hiring employees. The educational certificates confirm potential employees' claims and skills. After all, an employee's educational level may determine their duties at the nursing home.

For example, a nursing home social worker who presents a master's degree claims a higher educational level than one who presents an associate degree. Complications can arise if the employer doesn't verify the degree but gives the social worker dues commensurate with their claimed education. In such a case, the nursing home would be liable for their employee's actions.

Failure to Screen for Drugs

Businesses that provide essential and sensitive services usually screen their employees for drug use. Even the government regulates drug use for certain employees. Drug screening is critical since drugs impair judgment, interfere with stability, and reduce reaction times. All these effects increase the risk of injuries in nursing homes.

For example, a nurse or social worker under the influence of drugs might:

Mix up a resident's medication
Slip and fall when helping a resident to get out of bed
Fail to notice when a resident needs emergency care

Say a nursing home fails to screen an employee and hires a social worker with a history of drug abuse. The employee might then be under the influence of drugs and mishandle a resident. The resident can use negligent hiring to hold the nursing home liable for their injuries.

Failure to Do a Criminal Background Check

An employee's criminal history may determine the type of duties they can or cannot do. For example, drug crimes, assault and battery, and theft are employee crimes that can affect nursing home residents. Nursing homes should carry background checks on their potential employees to avoid such risks.

For example, a social worker with a history of financial fraud should not assist a nursing home resident with financial matters. A nursing home that hires such an employee without performing a background check is usually negligent. The negligence can lead to liability claims if the employee commits a crime that the background check could have prevented.

Failure to Check Driving Records

Many nursing homes also need drivers to drive their residents and deliver essential items, among other driving duties. The nursing homes should confirm the driving records and license status of all drivers they hire. For example, drivers with histories of intoxicated driving are risky. A nursing home that hires such a driver can be liable for the accidents the driver might cause.

Contact the Law Offices of Janice Maloney if your loved one has suffered an injury in a nursing home. We will review the circumstances of the injury, determine the liable parties, and help your loved one recover their damages.

Frequently Asked Questions About Diagnostic Malpractice

Tue, 30 Nov 2021 17:48:42 GMT

You probably know that a prompt, accurate diagnosis can mean the difference between life and death, or at least between an effective recovery and no recovery at all. However, unless you hold relevant medical knowledge yourself, you must depend on your practitioner's skill and competence in producing that diagnosis.

If you feel you have sustained serious financial losses due to a wrong or delayed medical diagnosis that has worsened your health, you may want to file a malpractice lawsuit against the institution holding responsibility for the practitioner's error. Before you proceed, review these frequently asked questions on the subject.

What Types of Diagnostic Errors and Issues May Merit a Malpractice Suit?

Several types of diagnostic errors may count as medical malpractice. For instance, your doctor may have pronounced you healthy instead of identifying a health problem in need of treatment. Misdiagnosis, in which the doctor mistakes one condition for another, may also fall under the category of malpractice.

Even if your doctor correctly diagnosed your condition, the manner of that diagnosis could result in harm that merits a malpractice lawsuit. Examples include diagnosis of one condition but not another co-occurring condition, failure to address complications related to the condition, or a purposeful delay in making the diagnosis.

The practitioner directly involved in your care need not make a diagnostic error for the diagnostic error to occur. A mistake in a lab test or report could steer the practitioner toward a wrong diagnosis, despite the practitioner's skill and experience. The institution that employs the practitioner or performs the test would still hold liability.

How Can Diagnostic Errors Damage Your Quality of Life?

Diagnostic negligence or incompetence can do all kinds of harm to someone in need of proper, timely medical care. If you received a delayed, incorrect, or incomplete diagnosis, you might end up receiving the wrong kind of treatment or even no treatment at all. You might also receive treatment for one condition while another goes untreated.

A delayed diagnosis can prove devastating in a progressive, potentially life-threatening health condition, such as heart disease or cancer. In the time lost to the practitioner's efficiency, your condition could grow steadily worse until you require more extensive and expensive treatments that you might otherwise have been able to avoid.

How Should You File and Present a Diagnostic Malpractice Lawsuit?

If you decide to sue for diagnostic malpractice, don't put the process off for too long. For example, Texas law states that you have two years from the date of the tort (the action that caused the damage) to file your lawsuit. As a further catch-all, Texas has a statute or repose preventing claimants from filing lawsuits more than 10 years after a tort.

The defendant holds the burden of proof in a diagnostic malpractice case. Your attorney must prove that you had a doctor-patient relationship with the defendant, that the practitioner performed a negligent act, that the negligent act caused you injury, and that those injuries resulted in measurable damages.

What Kinds of Malpractice Compensation Can You Pursue?

Your attorney can file for three main types of damages related to your diagnostic malpractice incident. Special damages include specific financial losses, such as medical bills and lost wages. General damages include intangible losses, such as pain and suffering, loss of future income, and damage to your quality of life.

Less commonly, a court may award punitive damages. Courts usually reserve these kinds of damage awards for especially negligent behavior in which the practitioner knowingly committed the error.

Some states maintain caps on the maximum non-economic damages a court can award in malpractice cases. For instance, in Texas, you can't collect more than $250,000 in non-economic damages against any single healthcare defendant, or more than $500,000 in economic damages total against multiple healthcare defendants.

The Law Offices of Janice Maloney can handle a wide range of personal injury and professional negligence cases, including medical malpractice cases. Contact our office today to schedule a free initial consultation and discuss your legal options.

3 Factors That Can Help Your Personal Injury Case

Wed, 01 Sep 2021 22:02:34 GMT

Getting injured is a terrible outcome for any accident. However, personal injuries are incredibly common. If you have recently been injured by someone else, you may wonder how you can better improve your chances of winning a fair settlement. To learn more, check out these three factors that can help your personal injury case and settlement.

1. Certainty of Liability

In some cases, determining who is responsible for the accident and injuries can be hard. For example, if another car hits you, but you were distracted by your phone, the lines are no longer clear, especially if no witnesses were around.

In most states, including Texas, if you are partially responsible for the accident, this reduces your settlement by a comparative amount. In other words, if you are 20 percent responsible, your settlement reduces by 20 percent.

The easier you can tell who is liable, the better your chances of winning your personal injury case. For this reason, your attorney will talk to any possible witness. They may even talk to professionals who can testify on your behalf.

2. Severity of the Injury

One guideline for winning your personal injury case is proving the defendant breached a duty of care, which lead to injuries. Therefore, if you received no injuries, you can't sue. If you were injured, the severity of the injury can play a huge role in your settlement.

First, if you suffered hard tissue injuries like broken bones, you will have an easier time proving your injuries. The average person can look at an X-ray and spot a broken bone. However, determining damage and inflammation in soft tissue is much harder from an ultrasound or CT scan. Plus, the tests may not even fully measure your level of soft tissue damage.

In addition, more severe injuries may require longer treatment time. In some cases, you may not even be done with treatment by the time the judge decides on a settlement. Similarly, the more severe the injuries, the greater the risk of physical pain and suffering, which can affect a person for life.

If your attorney can also prove the injuries have disrupted your daily life, you have a better shot of getting a fair settlement too. A disrupted life doesn't just mean you can't work - injuries can affect your life in many ways, such as making it hard to get to work, hard to get dressed, hard to clean your house, or hard to visit friends.

3. Emotional Pain and Suffering

Emotional pain and suffering can be difficult to prove because much of it is subjective or depending on you telling the courts how you feel. However, if you can prove you have emotional anguish due to the accident and injuries, your settlement may be higher.

People with emotional pain and suffering experience many side effects. First, they may need continuing mental health care, which can become expensive, especially if insurance does not cover it.

They also are more likely to have disruptions in their daily lives. Conditions like anxiety, depression, and PTSD can make it hard for a person to function, including getting dressed, getting cleaned, or feeding themselves. They may also feel more complex distress like the inability to have sex or go out in public.

Most people do not intentionally hurt someone, but that does not mean they are not responsible for your injuries. If someone had a duty of care and broke it, they should be responsible for your settlement. If you would like to learn more, or if you want a consultation with a skilled attorney, contact us at the Law Office of Janice Maloney.

Which Damages Can You Recover in Medical Malpractice Cases?

duda_admin@thryv.com (admin admin) — Thu, 01 Jul 2021 18:45:39 GMT

Medical malpractice cases result from the negligent actions of physicians and other health care providers. If you have suffered any harm from sub-standard treatment, a court can award you economic and non-economic damages. Here are the different damages related to medical negligence.

General Damages

General damages consider the plaintiff's pain, suffering, and loss of enjoyment of life. For example, if you were an enthusiastic surfer and a surgical error resulted in the inability to use one leg, the court considers the loss of your hobby. Other considerations include:

Lower quality of life
Mental pain and suffering
Physical pain, disfigurement, or impairment

General damages are non-economic as it is hard to place an amount on pain and suffering. Placing a dollar amount on someone's distress over the loss of companionship from loved ones is difficult. This is why awards vary significantly between cases with similar situations. The court considers factors like:

How the suffering has impacted your daily life
Your distress over the case or injury
Loss of consortium where you miss out on companionship from loved ones and family
The duration and amount of pain

Once you understand general damage, you can move onto more specialized medical malpractice damages.

Special Damages

Special damages are the quantifiable losses that arise from medical malpractice. It's easier to give these damages dollar amounts because there are medical bills, invoices, and written estimates. In this case, you only need an employer's statement that includes your wage and the hours you missed due to the injury. Special damages include:

Cost of medical treatment to deal with the physician's error . You can recover expenses for hospital stays, surgical procedures, doctors' visits, rehabilitation treatment, transportation to and from hospitals, and other medical costs.
Lost earning capacity in the present and future . In this case, the court evaluates your age, health, training, life expectancy, occupation, and other factors to determine the compensation amount. Unemployed plaintiffs can still recover damages for lost earnings if they demonstrate what they would have earned during the period in question.

Special damages could also include things like future medical costs to treat issues related to the health provider's negligence and mobility equipment like wheelchairs.

Punitive Damages

Punitive damages, while substantial, are pretty rare. While special and general damages compensate the claimant for harm that arises from medical negligence, punitive damages punish the physician. However, the health care provider must have done something so reckless and deplorable that they would get off lightly if they only compensated the injured party.

As the claimant, you must establish that the health care provider or hospital injured you intentionally. However, most medical malpractice claims involve a physician's negligent actions rather than their deliberate actions to cause harm. Thus, it can be an uphill task to show what the health care provider did was close to criminal, but punitive damages deter medical facilities from cutting corners to improve profits.

Juries and judges have awarded punitive damages for cases like:

Modifying medical records
Failure to get a patient's informed consent on a surgery
Failure to undertake adequate tests to determine a child's health
It's also important to remember that all these types of damages can have damage caps.

Damages Caps

Many states limit the maximum amount of damages that a claimant can recover. In Texas , you cannot sue physicians for more than $250,000 in total, even if the case involved multiple health care providers.

Moreover, plaintiffs can only recover a maximum of $250,000 from every healthcare facility. Also, you cannot recover more than $500,000 in non-economic damages from all healthcare centers involved in the suit. Thus, $750,000 is the maximum compensation you can recover for non-economic damages that result from medical negligence.

Have you or a loved one endured harm from the negligent actions of a healthcare provider? We can help. Our experts at the Law Offices of Janice Maloney will help you determine the value of your case and protect your rights at each step of the legal process. Contact us today to get started.

4 Defenses You Might Face in Your Medical Malpractice Case

Fri, 07 May 2021 15:24:57 GMT

Medical malpractice claims tend to attract high values. As such, defendants of such cases often mount spirited defenses. Below are four defenses your case might attract.

1. Acceptable Risk and Informed Consent

Most medical procedures have some level of risk. Medical doctors analyze patients, treatments, and possible risks to determine whether to proceed with a procedure or not. Over the years, the medical industry has accepted some standard operating procedures and risk analysis that determine when to perform a procedure or not.

For example, chemotherapy has multiple side effects, including:

Diarrhea
Oral sores
Pain
Fatigue

When used as a cancer treatment, however, the benefits of chemotherapy outweigh the risks. Thus, if you get chemotherapy treatment and develop headaches, the responsible medical provider might argue that the headache is an acceptable risk of the treatment. Such a claim might hold water if you provided the medical provider with your informed consent before the treatment.

In this case, your best way forward is to disapprove what constitutes an acceptable risk of the defendant's claim of informed consent. For example, you might succeed with evidence or testimony that proves your headache's severity and duration exceed the acceptable risk standards.

2. Wrong Defendant

Most medical treatments involve multidisciplinary teams. For example, a surgical procedure may involve a surgeon, anesthesiologist, and operating room nurse, among other medical professionals. Each of these professionals has a specific role during the procedure. The anesthesiologist administers anesthesia and monitors your vitals during the procedure.

In case of medical malpractice, the at-fault person shoulders the liability. Liability assignation means a defendant can argue that they aren't liable for your injuries. One example of this is when an anesthesiologist might blame other members of the surgical team.

One way to deal with this complication is to have your lawyer and an expert witness scrutinize the case and help you identify the right defendants. Another way is to include everyone associated with your treatment in your medical malpractice claim.

3. Inevitable Outcome

You don't have a medical malpractice case just because your condition failed to improve or worsened after treatment. You only have a case if the defendant's actions prevented your recovery or worsened your condition. Medical providers know this fact and can use it as a defense when facing medical malpractice claims.

Consider an example where a doctor misdiagnoses your medical condition in your first consultation. The doctor gets the diagnosis right during a subsequent consultation, but the prescribed consultation doesn't help. The doctor might argue that your condition has been serious for a long time that even the right diagnosis at the first consultation couldn't have helped.

Such cases can be complicated without expert analysis and testimony. You need someone who can evaluate your medical history to help you disapprove of the doctor's claim. You may need to prove how a procedure or treatment could have helped you if you hadn't suffered the delayed diagnosis. Exercised lawyers have doctors that they consult and use for such cases.

4. Comparative Fault

Lastly, the defendant can also argue that you contributed to your injuries. For example, the medical provider can claim that you didn't take your medication as prescribed. Such a claim, even if it succeeds, is not a complete fault. Rather, defendants who use it want to minimize your compensation. The reduction is possible under Indiana's modified comparative negligence laws.

Your best course of action is to prove that you followed the doctor's instructions to the letter. Eyewitnesses, medical records, and even expert witnesses can help you with the necessary proof.

Medical malpractice cases, even those that don't fall within the above categories, can be complicated. Ideally, you should use experienced lawyers for all your medical malpractice cases. Contact the Law Offices of Janice Maloney and let our decades of experience and skill help you win your damages.

Car Accidents Involving Pedestrians: What to Know

Tue, 09 Mar 2021 14:51:11 GMT

A study conducted by the National Highway Traffic Safety Administration found that car accidents involving pedestrians were on the rise. In 2018 alone, 6,283 pedestrian deaths happened. If you have sustained an injury as a pedestrian in a car accident, learn some information that will help you when making a personal injury claim.

Fault for Pedestrian Accidents

All drivers have a duty of care. This means a driver should be mindful of other drivers and pedestrians on the road. For example, a driver may move within the speed limit, but when they see a pedestrian on the road, the duty of care should lead them to slow down or stop.

Additionally, drivers should abide by the posted speed limits and obey traffic signs. If the injured pedestrian can prove that the driver violated a traffic law, then the courts will often hold the driver liable for the accident.

The court can find a pedestrian responsible for an accident if they act carelessly, making it impossible for the driver to avoid hitting them. Examples of carelessness could include a pedestrian jumping in front of a moving vehicle or walking on the road at night wearing dark clothing.

In both of these cases, the driver may not be able to prevent an accident; so, the pedestrian is responsible for the accident. In some cases, the court will find the driver and pedestrian equally liable for an accident.

Insurance Policies for Pedestrian Accidents

A pedestrian's health insurance can often cover them in case of a car accident. If the accident occurs while they are working, workers' compensation insurance will also often cover them. Other policies that can cover a pedestrian involved in an accident include auto liability insurance or a no-fault policy.

Under auto liability insurance, the injured pedestrian can make a claim against the driver's auto liability insurance. In many states, drivers should have liability insurance to cater for injuries to third parties. Compensation by the driver's insurance company will depend on who caused the accident and other insurance policy terms and conditions.

Under the no-fault coverage, the insurance company pays for a pedestrian's medical costs and lost wages without regard to who caused the accident. This coverage is personal injury protection (PIP). The laws on PIP policies vary between states. In Texas, this coverage is optional, but you still can get the coverage you need. The key is sufficient documentation and quick accident notification.

Steps to Take After a Pedestrian Accident

The first thing you need to do after an accident is to notify the police. The police will arrive at the scene immediately to capture your statement and the driver's statement. Also, take photos of the accident scene and the car that hit you.

If possible, try and obtain the driver's name and take note of the car's license plate. You should also get the contact information of any witnesses to help strengthen your claim if the case goes to trial.

The next thing you should do is seek medical treatment. Insurance adjusters assume that you aren't hurt if you don't go to the hospital immediately after an accident. At the hospital, you can contact your lawyer to advise you on the way forward. Your lawyer will review the facts of your case and tell you whether you should proceed with a personal injury claim.

If you have sustained injuries from a car accident, you can often claim damages. Proving liability in car accidents involving pedestrians can be difficult without the assistance of an experienced attorney. For more information about auto accidents involving pedestrians in Texas, come to the Law Offices of Janice Maloney today.

Was Your Baby Injured at Birth? What to Know

Tue, 05 Jan 2021 13:46:22 GMT

For many people, the happiest day of their life is the birth of their child. However, that happiness can quickly fade because of birth injuries. Birth injuries are quite common, and while some clear up on their own, others affect your child for the rest of their life. If you want to learn more about birth injuries and who is responsible, keep reading.

What Are Common Types of Birth Injuries?

One of the most common types of birth injuries is cerebral palsy. The condition is from damage to the brain during the birth process by affecting the blood supply and leading to hypoxic episodes. This happens when the doctor or nurses don't monitor you or your baby properly, so they miss fetal distress.

Facial paralysis is another common birth injury, and it is from when too much pressure is on the baby's face during delivery. This is more common if forceps or vacuum extraction are used. During complicated deliveries, bone fractures are common, especially the collarbone. Luckily, this type of injury tends to heal on its own.

The use of forceps during labor can also lead to cephalohematoma. This type of injury is from bleeding under the cranial bone. In some cases, this injury heals on its own but does increase the risk of meningitis, jaundice, and anemia. Caput succedaneum is another condition from forceps, which presents with swelling of the scalp. This condition normally goes away on its own.

What Are the Long-Term Effects of Birth Injuries?

Birth injuries carry a list of long-term effects that can affect your child for the rest of their life. First, any birth injuries that cause physical scarring or deformation may affect your child's mental health, leading to depression, low self-esteem, or anxiety.

Similarly, certain injuries can affect your child's physical mobility, such as facial paralysis. In turn, these can also affect your child's mental health, especially if they are unable to keep up with other kids their age.

Finally, birth injuries like cerebral palsy, oxygen deprivation, or spinal cord injury can lead to a mental impairment, such as a learning disorder or speech impediment. These affect your child's ability to learn and care for themselves. In severe cases, children may need constant care for life.

Who Can Be Held Responsible for Your Child's Birth Injury?

If your baby was injured during the birth process, you can typically hold the doctor responsible. Even if the doctor wasn't there at the time of the injury, they are responsible for monitoring you and your baby. If anyone assisted the doctor at the time of the injury (such as a nurse), they may also be held responsible, especially if they contributed to the injury.

Even the hospital in which the doctor works can be held responsible for your child's birth injury. Because hospitals employ doctors, they are usually vicariously liable for them.

The doctor, nurses, and hospital aren't always the cause of the injury. When you're pregnant, prescription medications can be a double-edged sword because they may hurt your unborn child.

If this happens due to a prescription medication, you may be able to sue the manufacturer if they didn't provide warnings regarding the dangers of the medication on unborn babies. Whether the manufacturer did or did not provide warnings, you may also be able to sue the doctor for prescribing the medication.

If your baby was born with an injury, they may face life-long struggles and major medical expenses. Even though birth injuries are common, this doesn't mean they are normal. If your baby was injured during birth, contact us at the Law Offices of Janice Maloney to see how we can help.

Contaminated Food? 5 Signs You Have a Good Injury Case

Tue, 03 Nov 2020 20:42:39 GMT

Personal injury comes in many forms. While most people think of accidents and assaults, it also includes more unusual injuries, such as food poisoning. If you've been affected by a bout of food poisoning linked to a food provider, you may be able to seek compensation in the form of a personal injury claim.

Food poisoning claims, though, can be tricky to prove and to receive just compensation for. What can help you decide if you should pursue your case? Here are five good indicators that it may be the right move.

1. You Can Clearly Trace the Incident

The most difficult part of most food poisoning injury cases is proving with reasonable certainty that the restaurant or food provider caused your illness. Even if you feel ill after eating from a particular restaurant, their lawyers will argue that you can't prove with complete certainty that their meal was the cause.

The more clearly you can prove a link to the food service company, the better your chances. If you brought leftovers home, for instance, you may be able to have them tested to determine which transmissible bacteria was involved. And if your attorney can quickly work to get samples from the restaurant to match to your own diagnosis, the chain will be stronger.

2. You Had Significant Medical Issues

As with most personal injury claims, you should make sure that the potential compensation is sufficient to warrant the effort of a court case. Unfortunately, this generally means that you got sick enough to end up in the hospital, suffer long-term consequences, lose wages, or end up with significant medical expenses.

Improve your chances of due compensation by keeping track of all expenses related to your food poisoning. This includes hospital and doctor bills, therapy, home health aids, lost income, travel expenses, and the cost to hire help if you're unable to do certain tasks.

3. Other People Became Sick

If you were the only one in your group to become ill after a meal or after buying food from a vendor, showing cause may be challenging. The restaurant might argue that you didn't properly refrigerate or store your leftovers, for instance. If you all ate together, it might claim, your lone illness might be the result of something unrelated.

The best case, then, comes when you can demonstrate in court that others experienced the same sickness. This may be easy if you were part of a group activity. It's more difficult if you want to talk with other patrons, though. If you engage a personal injury attorney early, they may be able to help investigate whether other patrons can provide independent corroboration.

4. It's Part of an Outbreak

Outbreaks of disease linked to certain foods provide some of the best personal injury cases. Outbreaks are usually publicized, so you can more easily prove a connection to the offending food item. And much of the work in determining the cause of the illnesses has already been done. So, all you may need to do is establish through genetic testing that your illness fits the pattern.

5. Staff Is Involved

Many restaurant and food handling cases of poisoning are linked to sick workers. This can bolster your case because it makes the chain of transmission more likely and more easily demonstrated. Certainly, if a number of food items the worker touched are all contaminated, you may have a better case under the law of strict liability. And the employer may be liable if they ignored the illness.

Does your particular case of food poisoning fit any of these criteria? Then you may have a good chance of winning the compensation you need to fully recover. Find out more about food-related personal injury claims in Texas by meeting with the legal team at the Law Offices of Janice Maloney today.

Answers to Your Questions About General and Special Injury Damages

Tue, 08 Sep 2020 19:26:20 GMT

When you sue for damages after a personal injury, you are generally doing so because you need compensation in order to fully recover and get your life back on track. The financial keys to achieving this are generally known as compensatory damages.

What do you need to know about the two main types of compensatory damages? And how can this knowledge help you get what you deserve from the at-fault party? Here are the answers to a few key questions.

What Are Personal Injury Damages?

In legal terms, "damages" refers to the financial loss a person suffered as a result of the incident - and therefore the compensation they need. Damages may come in a variety of forms, but two of the most common are also the most broad-reaching: general and special damages. These types of damages attempt to translate both personal suffering and future financial effects into a dollar amount that can be awarded today.

How Do General and Special Damages Differ?

"General damages" is a wide category that tries to put a dollar figure to many non-economic issues. It focuses on the physical and emotional damage you or your loved ones face, including pain, suffering, mental health challenges, loss of companionship, and permanent changes in one's life. These damages are not one-to-one compensation, and they usually don't come with receipts.

Special damages focus more on the economic fallout of your injury. This is where your medical, therapy, and rehabilitation costs would be calculated. It may include lost wages or business earnings as well as estimations of future earnings you will have lost due to your injuries. Sometimes, more unusual costs could be included, such as fees from a sudden change in plans due to the incident.

How Are General and Special Damages Combined?

Both general and special damages have their purposes, and a person often seeks a mix of both. But the right combination is unique to your situation, so there is no one-size-fits-all percentage or dollar amount of each.

For example, your injury may have resulted in a hospital stay followed by therapy to get you back on your feet. You would have lost wages when you couldn't work. But if you have made or will make a full recovery, the focus of damages may be to compensate you for prior pain and suffering, medical and care costs, and wages you already lost out on. General damages for future costs may be minimal.

On the other hand, if you face a long recovery or have permanent injuries, what happened in the past is only one half - or less - of the overall puzzle. In this case, your attorney may spend significant time calculating future lost income potential, future medical care, ongoing therapy, or how your quality of life may have been changed.

How Are Damages Calculated?

Although they have different focuses, both general and special damages are calculated using a mix of hard facts and suppositions. Things like medical care, prosthetic devices, and burial costs of a loved one can be determined through bills and price estimates. Past wages are usually easy to identify using your earning history.

Other compensation is harder to pin down. An expert may need to forecast lost future earnings by tracing your income trajectory before and after the accident. And putting a number to the loss of marital relations or the ability to hold one's children is even harder. There are no set rules, so you would determine this number in conjunction with an experienced personal injury specialist.

Clearly, personal injury damages are a complicated subject. To get the best outcome, you need a qualified attorney with experience in calculating both general and special damages. The Law Offices of Janice Maloney can help. Call today to discuss your case during a free consultation.

Factors That Determine Whether a Law Firm Takes an Injury Case

Fri, 10 Jul 2020 19:29:21 GMT

Many lawyers offer a free initial consultation for personal injury cases. The lawyers use the initial consultation to determine whether to accept the case. Below are some of the factors a lawyer might use to decide whether to accept your case.

Strength of the Case

The nature of the case determines how easy it is to win. A lawyer might be reluctant to take a weak case. Here are some of the things that determine the strength of a case:

The available evidence
The proof of liability
The degree and nature of the injuries
The potential defenses
The victim's contribution to the accident

For example, you likely have a strong case if you have video evidence and eyewitness testimony of a motorist ramming you from behind.

Value of the Case

A personal injury lawyer only gets their pay if they win their case. The lawyer gets a percentage of your settlement check; the settlement check should also cover the expenses of the case. Thus, a lawyer will only take your case if the case is valuable enough. Factors that determine the value of a case include:

Economic damages, such as medical bills and lost wages
Non-economic damages, such as loss of consortium
Clarity of liability

For example, a serious accident that leaves you with a fractured limb may be worth pursuing. On the other hand, an accident that only leads to skin scratches might not attract adequate compensation.

Case Expenses

As mentioned above, your settlement check should also cover the case's expenses. Case expenses include things like:

Expert witness fees
Court filings
Transport costs
Telephone bills
Investigation costs
Deposition costs

Compare two cases, each worth $90,000. The first case requires expenses of $20,000, while the second case expenses are $80,000. The first case is more worthwhile because of its low or reasonable expenses.

Statute of Limitations

The statute of limitations determines how long you have to file a claim after an injury. For example, the statute of limitations for a car accident in Texas is two years . Thus, the court won't accept your auto accident case if you file it after three years. Unless some exceptions apply, no lawyer can help you if you let the statute of limitations expire.

Conflict of Interest

Before they can take your case, your lawyer will evaluate it for potential conflicts of interest. A conflict of interest arises if the lawyer's personal or business interests are at odds with your interest.

Consider an example where a car hits your motorcycle and causes you serious injuries. You arrange a consultation with a layer only to learn that the motorist who hit you has already retained the lawyer. In such a case, conflict of interest means the lawyer cannot take your case.

Ease of Collection

For most personal injury cases, the major goal is to recover monetary compensation for the victim. In many cases, the defendant's insurance company signs your compensation check if you win. You can also collect your damages from the defendant's personal assets if they don't have insurance coverage.

As such, you might be out of luck if the defendant has neither insurance nor assets that can cover your damages. Many lawyers don't bother with such cases because the award would be empty (a formality).

As you can see, myriad factors determine whether a lawyer would pursue an injury case. That is why a thorough consultation is necessary for all injury victims. The Law Offices of Janice Maloney has the necessary resources and experience to handle all kinds of personal injury cases. Contact us today so that we can evaluate your case and advise you on the best way forward.

Nursing Homes and Coronavirus: When Exposure Equals Negligence

Fri, 01 May 2020 19:52:54 GMT

Most Americans were unprepared for a worldwide pandemic the size of the COVID-19 event. Nursing homes and other senior care facilities became especially vulnerable. Public health officials shared warnings about the vulnerability of the elderly and the ill to the ravages of the condition. Despite this, many elderly individuals under professional care still suffered.

A pandemic does not take away the rights of the families that lost a loved one under medical care in a nursing home. Families need to understand how the facility may have contributed to the loss. Some deaths were likely unavoidable, but others may signal neglect.

Involved from the Start

The involvement of senior care facilities in the COVID-19 outbreak in the United States started immediately. The first death in the U.S. took place in Washington State. The patient that died was not a resident of a nursing home, but he died at a hospital that simultaneously took care of a nurse and a resident from a nearby long-term care facility.

The resident of the facility succumbed to the illness while at the hospital. News reports a few weeks later show that the staff at a nearby facility assumed their residents were suffering from a severe influenza outbreak. A few days and 29 deaths later, it became obvious how easy COVID-19 could spread in a nursing home.

Failure to Take Action

It may seem understandable that at the first affected facility the staff was taken by surprise by the pandemic. However, senior care homes were still vulnerable to outbreaks weeks later. By mid-April there were at least 5,670 deaths in long-term care facilities in 24 states around the country and 39 states reported patients suffering from the condition.

Health officials in Texas noted that 16 percent of their nursing facilities had coronavirus patients at this point. The numbers in Texas, and across the country were possibly underreported. The State of Texas, the federal government, and some nursing facilities would not share any information about nursing home deaths.

Treatment of Patients Flawed

There are many questions people have about the death of their loved one from coronavirus while at a senior care facility. Families need to know if the staff did all they could to protect the patient or if the patient died due to neglect. Careful research needs to check certain points, such as:

Was the staff properly trained in the control of infectious diseases?
Did the nurses seek medical care for patients early enough in the illness?
Did the caregivers spread the disease due to a lack of protective gear?
Was the facility understaffed with too-few registered nurses on site?
Had the facility preciously received citations for poor infection control?
Did workers caring for patients with the virus also have contract with uninfected residents?

A facility may be negligent if answers to these questions show they were at fault.

Problems in Texas Facilities

Between 2017 and 2020, more than 80 percent of all nursing facilities in Texas received citations for poor infection control practices. The citations may prove useful for family members considering a lawsuit. Prior proof of undertrained staff and their enforcement of infection control practices make it easier to prove the facility had a history of neglect.

Research the Case Immediately

The loss of a loved one overwhelms family members, but the research into how the death occurred needs to start early. Delays in collecting information could result in lost information and witnesses. Memories fade and crucial details become lost. All family members need to record their experiences with the staff and save any documentation.

Nursing home neglect affects the most vulnerable people in society as well as everyone that loves them. It is a crime that should never go unpunished. At the Law Office of Janice Maloney , a consultation can determine if your loved one did not get the care they deserved. Contact us today to schedule an appointment.

Birth-Related Medical Malpractice Claims

Tue, 10 Mar 2020 21:15:51 GMT

Birth-related medical malpractice happens when a health care provider's negligence causes injury, death, or another critical, undesirable state related to pregnancy or childbirth. The three main categories of birth-related medical malpractice cases are birth injuries, wrongful birth, and wrongful pregnancy.

Birth Injuries

When most people think of birth-related medical malpractice cases, they first think of cases that involve injuries to the mother or child before or during birth. Many different types of injuries can qualify as birth injuries, but not every case where there is an injury involves medical malpractice.

Malpractice occurs when a health care provider fails to do something another provider in similar circumstances would reasonably think to do or when the provider does something that goes against what a similar provider in similar circumstances would do.

Injuries to the Child

Many birth-related medical malpractice cases involve injuries the infant sustained during pregnancy, labor, or delivery. Common injuries in these cases include brain injuries, fractures, spinal cord injuries, nerve damage, and internal organ damage.

Parents can bring a medical malpractice lawsuit to cover the medical expenses associated with the child's delivery and subsequent care, as well as money to cover future anticipated medical expenses related to the birth injury.

In some cases, parents can recover additional damages to make up for their lost wages if they had to take time off work to care for the injured child and to cover their emotional pain and suffering.

Injuries to the Mother

Some birth-related malpractice claims arise due to injuries the mother sustained. In many of these cases, the baby did not suffer injuries, though some cases involve injuries to both the mother and the child.

A mother may have a malpractice claim if she sustains an illness or injury due to a condition her prenatal health care provider should have known about but failed to treat. Other injuries to the mother arise from improper care before or during childbirth.

Wrongful Death

If the mother or child dies due to a health care provider's negligence during pregnancy or childbirth, a surviving spouse or other family member may be able to bring a medical malpractice wrongful death lawsuit.

Damages awarded from wrongful death claims may cover medical bills from the deceased family member, funeral and burial or cremation expenses, and emotional pain and suffering.

Wrongful Birth

Wrongful birth claims fall under the medical malpractice umbrella. These claims arise when a doctor fails to obtain or disclose information regarding a child's birth defects. Most states allow parents to bring a wrongful birth lawsuit if the child is born with birth defects that would have caused the parents to terminate the pregnancy if they had known about them.

Most wrongful birth lawsuits claim the health care provider responsible for the mother's prenatal care should have tested for or detected the impairments and informed the parents. Damages in wrongful birth lawsuits often include enough money to cover the costs of the child's disability or issue, such as medical care, therapies, and assistive devices.

Wrongful Pregnancy

Unlike the other two general categories of birth-related medical malpractice claims, wrongful pregnancy cases usually involve a child who was born healthy. If one or both parents thought they were preventing pregnancy because they were medically sterilized and the mother got pregnant anyway, they may have a valid claim.

In most wrongful pregnancy cases, the parents can't receive money to cover the costs of raising a healthy child from an unwanted pregnancy. They can typically only recover damages to cover medical expenses associated with the pregnancy and birth and lost wages from time off work during the pregnancy and the birth recovery period.

If you believe you may have a medical malpractice claim, it's best to consult with an experienced attorney who knows the laws and can help you present your case well.

The legal team at the Law Offices of Janice Maloney represents medical malpractice and personal injury clients in the greater Behr County, Texas area, including San Antonio. If you or your child has suffered a birth injury, wrongful birth, or a wrongful pregnancy due to a medical provider's negligence, contact us today to schedule an appointment to discuss your case.

Will You Receive Compensation for Your Pain and Suffering?

Fri, 03 Jan 2020 20:18:40 GMT

Personal injury settlements usually include the cost of medical bills and lost income, but sometimes, the damage is longer lasting. When an injury causes long-term mental or physical pain and suffering, you may qualify for a higher settlement. Learn more about the different types of injuries that may qualify for pain and suffering compensation.

Hard Tissue Injuries

Hard tissue refers to the bones inside your body, so if you break your leg, the injury considered a hard tissue injury. There are actually several types of bone fractures. They are all considered hard tissue injuries, but some are more serious than others. A stable, closed fracture, for example, requires little work to fix because the bone is still aligned properly and not protruding through the skin.

In an open compound fracture, the bone may have penetrated through the skin, but this isn't always the case. This type of fracture requires more effort to fix, such as repositioning the bone and stitching the leg.

Regardless of the type of break, hard tissue injuries take a while to heal because blood flow to hard tissue is minimal. On the bright side, however, hard tissue injuries are incredibly easy to prove in your personal injury case thanks to X-rays and MRIs that actually show the damaged bone. For this reason, hard tissue injuries make it easier to win pain and suffering compensation.

Soft Tissue Injuries

Soft tissue refers to any body tissue other than your bones, spine, and skull. This includes muscles, tendons, ligaments, connective tissues, etc. A bruise, for example, is a common type of soft tissue injury. Soft tissue injuries can also be much more serious, such as whiplash, which can severely injury the muscles in your neck, leading to pain, stiffness, and limited mobility.

The big problem with soft tissue injuries is that they are hard to prove. Even when you can prove that you were injured, you may not be able to easily prove the extent of the damage. X-rays and MRIs can't see soft tissue damage, so the courts have to solely rely on your complaints and the doctor's medical notes, and even a skilled doctor may not be able to fully understand the long-term complications of your soft tissue injury.

Soft tissue injuries also tend to heal faster, as long as you receive proper treatment. However, without treatment, you may experience worsening symptoms as muscles continue to remain strained and tight. This doesn't mean you qualify for pain and suffering compensation, however, because you could have taken steps to correct the problem.

On the other hand, if the soft tissue injury will cause long-term problems (even with treatment), you may win larger pain and suffering compensation. For example, if severe damage to your muscle causes a deformation or permanent weakness, you may have a case for pain and suffering.

Mental Suffering

Pain and suffering doesn't just include physical suffering. Many injuries can affect your mental health too. Some injuries can actually cause permanent brain damage, leading to permanent learning disabilities.

Of course, even if your brain isn't physically damaged during the injury, you can experience mental pain and suffering. This may happen if your appearance was physically altered due to the accident. Scars and deformities can cause depression and low self-esteem, which lead to further problems such as addiction or self-harm.

Even if you appear perfectly fine after the injury, however, you may have residual mental suffering, such as anger, PTSD, or anxiety. Typically, if the accident has affected the overall quality of your life, you are dealing with pain and suffering.

A case for mental suffering can be more difficult to win. Mental pain is even harder to prove than soft tissue damage, so you will need to work closely with your doctor to help document all your mental suffering.

Pain and suffering is real, but it is often difficult to prove. If your injuries will affect you for the rest of your life, you deserve a fair settlement. For more information, contact us at Law Offices of Janice Maloney.

Suing for Product Liability? How Breach of Warranty AffectsYou

Thu, 07 Nov 2019 14:21:59 GMT

Have you been injured or suffered losses due to a product defect? Getting the compensation you deserve often involves a complicated lawsuit regarding product liability. And one of the major parts of many product liability cases is the aspect of breach of warranty. What is a breach of warranty? And how can you prove that such a fault exists? Here is a short guide to get you started.

What Is Breach of Express Warranty?

An express warranty is what most people would think of when they hear the word warranty . It is generally a written promise that the product is suited for the stated or promoted purpose and that the manufacturer offers specific remedies if it fails.

Your refrigerator probably came with a written express warranty that delineated how to get a refund or replacement if the refrigerator failed to keep food cold. There is often a time limit on these warranties and you may have to register as a buyer to receive certain compensation.

A breach of express warranty, then, would be a clear failure of something stated in this written or oral guarantee. If the refrigerator fails to keep food at the desired temperature even though it is in working order, it has violated this express warranty and you have a case that the manufacturer is at fault.

What Is Breach of Implied Warranty?

Implied warranties are less specific and less obvious, but they are predicated on one simple expectation: that the manufacturer selling goods for an intended purpose implies that their goods will fill that purpose. A refrigerator manufacturer selling their product to a family automatically implies that its refrigerator is up to the task of keeping cold food safe at needed temperatures. If the refrigerator fails to do that basic function - with or without an express warranty - you may have a case.

Implied warranties come in two basic flavors. A warranty of merchantability is the expectation that the goods are fit for general sale and are of at least average quality. The refrigerator is, for instance, expected to have the ability to stay upright in normal circumstances. If a design defect makes it unstable and it falls on the customer, the manufacturer may have violated the implied warranty of merchantability.

The second type of implied warranty is warranty of fitness for a particular use that may not be what the product is generally used for. If you need a refrigerator that reaches a specific temperature for a certain period of time - in order to keep food safe while on the go, for example - and the salesperson says that this unit will do that, its failure could be a breach of the implied warranty of fitness.

How Can You Prove a Breach?

Breach of express warranty is the most cut-and-dried type. To prove it was breached, you would delineate the contents of the written or recorded guarantee and then compare it to your experience.

Proving implied warranty is generally much more complex because things are not in writing. In the refrigerator example, an argument that the salesperson said that the unit was fit for your particular needs may be very difficult to back up with evidence. In this case, you may have need to have witnesses or written follow-ups to help your case.

Some implied warranties, though, can be less challenging since they include what an average customer would expect in the goods. Customers generally expect a residential refrigerator to be safe for a family to use in day-to-day life. If the design of yours, though, is unsafe for children, you likely have a good case for breach even if the warranty doesn't specifically address this matter.

The best way to go about proving a breach of any kind of warranty is to work with an experienced product liability attorney. At the Law Offices of Janice Maloney , our legal professionals are ready to help. Call today to make an appointment and discuss your specific case.

Personal Injury Law: Slip and Fall Accidents

Wed, 04 Sep 2019 16:55:14 GMT

Personal injury law covers a lot of different situations, with one of the most common examples being socalled slip and fall accidents. This personal injury category involves injuries that occur when an individual suffers harm from a fall on someone else's property because of unsafe conditions. The following article offers a brief overview on this important legal topic.

How to Prove Liability

To win a slip and fall personal injury case, you need to show that the owner of the property, or someone acting on their behalf, was negligent. You prove negligence by providing evidence that an unsafe condition led to your injury and that the owner of the property, or their representative, such a store manager, was aware of the issue and did not fix it.

The unsafe condition could be something that arose by chance, such as a leaky roof causing the floor of a store to become unsafe. Another example of an unsafe condition occurs when the property owner themselves creates the dangerous situation. For instance, a property owner might be liable if they place a large obstacle on a walkway that causes someone to fall.

Rectify

An important point to note is that the law will consider whether the property owner or employee had a reasonable amount time to rectify an unsafe condition. For example, if a store manager is told about a spill almost immediately after a spill occurs, but a customer falls before the spill can be cleaned up, the store owner might not be held liable.

How to Avoid Contributory Negligence Issues

When you file a slip and fall lawsuit, it's almost a given that the defendant will try to prove that your behavior contributed to the accident. If the defendant can prove contributory negligence on your part, their liability is reduced. So, if your behavior is proven to have contributed the accident in some way, your damages, if any, will be lowered.

Say Nothing

To avoid issues relating to contributory negligence don't say anything to anyone about the accident that would make it seem like you were at fault in some way. Contact an experienced attorney who has successfully litigated personal injury cases as soon as possible after the accident and follow their advice on this matter to the letter.

How to Pursue Claim Against Government Entities

For many years, it was virtually impossible to win a slip and fall case against a government entity, such as a city or state government, because of the concept of sovereign immunity. The legal principle of sovereign immunity meant that governments could not be sued in most instances.

The principle of sovereign immunity has been modified over the years, so that it's now possible, in some instances, to successfully sue a government entity if they are responsible for your injuries an accident. Special circumstances generally apply, however, when you are suing a government agency or department.

Statute of Limitations

One of the most important differences involves the statute of limitations. You have much less time, as a rule, to file your slip and fall case when the defendant is a governmental body rather than a private company or individual. In some instances, you may have to file within 30 days of the accident. For this reason, it's vital to see an attorney quickly when you sue the government.

Another important consideration to keep in mind is that many states have laws that limit the amount of damages you may collect from a government entity.

To win a slip and fall case you will need the help of an experienced and capable attorney such as the Law Offices of Janice Maloney. Contact us to learn more about slip and fall personal injury lawsuits.

The Warning Signs of a Bad Medical Professional

Tue, 09 Jul 2019 04:01:40 GMT

When you go to visit a doctor, whether it be a surgeon, a general practitioner, or anything in between, you put your health and your wellbeing in their hands. And, while most doctors are perfectly qualified and will provide adequate treatment, there are some who make dangerous mistakes that could have a severe, negative impact on your health.

No one wants to be the victim of medical malpractice, which is why it's important to know the warning signs of a potentially bad doctor. That way, when something is amiss, you can choose a different doctor and hopefully avoid malpractice.

You Don't Feel Comfortable

When choosing a doctor, remember to trust yourself. When you meet with the doctor, stay in touch with how you feel in their presence. If you find that you feel uncomfortable, talked down to, or like there is just something off about your doctor, go another route.

Yes, there is a chance that you may be wrong, but often times your gut is right. With so many medical professionals out there, you can certainly pass up on someone who doesn't make you feel great and choose instead someone who does make you feel comfortable, without sacrificing quality care in the process.

Your Doctor is Always Late

When you arrive to your medical appointment on time or even early, is your doctor ready and waiting to see you? Or, do you find yourself sitting in the waiting room for longer than anticipated?

If it's the latter, you have a doctor who is not fully respecting your time, which can be a bad sign, as well as an indicator of the level of care and concern you are likely to receive. While no doctor is perfect or on time all the time, if your doctor is consistently late or doesn't apologize when they are, you'll probably want to go in a different direction.

Your Doctor Talks Poorly of Others

The best doctors are doctors who are willing to admit that they don't know everything. They will refer you to others when they feel that your condition is outside of their expertise. They will also listen to advice and input from your previous doctors via your medical forms.

A bad doctor, on the other hand, thinks they know it all. They may downgrade past care you have received or talk poorly about other options, which is very unprofessional. If your doctor is cruel towards other physicians, look elsewhere.

Your Doctor Makes Mistakes

Doctors are human, so they can't be perfect all of the time. However, if you find that your doctor regularly makes mistakes, like forgetting an appointment, ordering the wrong test, or reading test results wrong, take heed.

This is often a sign that your doctor is disorganized or disinterested and neither are good signs. Regular mistakes mean that it would be a mistake on your part to stay with the same doctor.

You Don't Know What's Going On

Finally, keep in mind that, as the patient, you are entitled to know and understand what is going on with your health and what your treatment plan involves.

If you feel like your doctor uses jargon all the time, won't or can't break things down for you in a way that you understand, or acts like you don't need to know what's going on, look elsewhere for care. You deserve to be in control of your own treatment.

If you follow these tips, there's a good chance you will never have to deal with medical malpractice or its pitfalls. If you do find yourself the victim of medical malpractice, however, know that you are not alone. You can always turn to the professionals at the Law Offices of Janice Maloney .

3 Primary Types Of Nursing Home Abuse

Wed, 15 May 2019 02:06:18 GMT

Unfortunately, some of the most vulnerable people are at the highest risk of getting abused. This includes seniors living in a nursing home. According to recent statistics, one in 10 elderly people over the age of 60 are believed to have been abused, with 5 million elders getting abused each year.

Sadly, these numbers might be even higher due to the fact that these cases often go unreported. Many of these seniors get abused in a nursing home. Perpetrators include family members, other residents, and nursing home staff. When a senior is abused, it can increase their chances of death by 300% .

If your loved one is in a nursing home and you are alarmed by this information, one of the first things you can do to protect them is to understand nursing home abuse. Here are three types of nursing home abuse signs to look for.

1. Physical Abuse

Of all the types of nursing home abuse, this physical abuse accounts for 27.4% of the complaints. Physical abuse is commonly caused by caregivers who do not have proper training or in nursing homes that are understaffed.

Active physical abuse includes things like hitting, pushing, or punching an elder. This type of abuse causes pain and injury. Another type of physical abuse is a misuse of restraints. This happens when nursing home residents are restrained for too long or are restrained unnecessarily.

Signs of physical abuse include:

Unexplained bruises or other types of injuries
Abrasions or red marks on the skin caused by restraints
Broken eyeglasses

Sometimes, physical abuse is unintentional, but other times it is caused by caregivers who become frustrated with the resident. Besides staff and other caregivers, family members and other residents can physically abuse nursing home patients.

2. Psychological Abuse

Also considered emotional abuse, psychological abuse accounts for 19.4% of all nursing home abuse complaints. When staff, family members, or caregivers intimidate, ridicule, yell, or cause a nursing home resident to feel emotional anguish, it is considered psychological abuse.

This type of abuse can be either verbal or nonverbal, and it is known to cause emotional damage and a decline in health. Psychological abuse is not as easy to identify as physical abuse, but some key signs to look for include:

Withdrawal from activities
Depression or seeming hopeless
Trouble sleeping
Sudden onset of unusual behaviors including rocking or sucking

Nursing home residents who experience psychological abuse might also appear agitated or start having irrational fears. They might stop interacting with others or refuse to speak to their perpetrators.

3. Gross Neglect

The other primary type of nursing home abuse is gross neglect, which accounts for 15.3% of all abuse complaints in a nursing home. When a caregiver, staff, or family member doesn't properly care for a nursing home resident, it can be considered neglect. This is done either intentionally or unintentionally, due to lack of training.

Some of the most common types of nursing home neglect include not feeding residents enough food, not giving them enough to drink, not changing their clothes or bedding on a regular basis, and not providing a safe place for them to live. Common signs of gross neglect include:

Poor personal hygiene such as bad breath or unwashed hair
Malnourishment or dehydration
Bedsores or unexplained injuries
Loss of mobility due to lying in bed too much

Along with physical issues, gross neglect can also cause nursing home residents to have emotional problems such as fear, anger, and distancing themselves from loved ones.

If your loved one is in a nursing home and you see any of these signs of nursing home abuse, contact the Law Offices of Janice Maloney . In order to have the best possible chance of protecting your loved one, it's imperative to contact us right away.

Medical Implant Injuries: Dangers and Potentially Liable Parties

Mon, 11 Mar 2019 21:06:01 GMT

Surgical implants, such as dental implants, knee replacements, and heart pacemakers, have helped many people go about their normal lives despite chronic medical conditions. Unfortunately, these devices can also cause injuries if they are defective. Here are the potential dangers of surgical implants and the parties who may be liable for the injuries.

The Potential Dangers

Surgical implants can cause different injuries with various levels of seriousness. Some of these injuries can even threaten your life. The injuries occur due to different issues with the devices. Here are some reasons a surgical implant can harm you.

It Contains Toxic Materials

A surgical implant with a toxic material may find its way into the market if the manufacturer doesn't test the implant properly. Maybe the manufacturer discovered a cheaper and more durable material for the implant and rushed it into the market before adequate tests.

It Is Ineffective

An implant may also harm you indirectly if the device proves ineffective for its intended purpose. For example, a knee replacement surgery involves the use of artificial materials to replace the weight-bearing parts of the knee. If the artificial materials are weak, they may fail to support your weight, and you may suffer when you try to use your knee.

It Migrates or Gets Displaced

A surgical component may also disintegrate into parts and migrate into various parts of the body. This danger is particularly high if the implant has microscopic parts or contains fluids that may harm other parts of your body. For example, the implants used for spinal fusion surgery can disintegrate, move, and damage the spinal column or blood vessels.

It Is a Carcinogen

Lastly, a surgical implant may also harm your health if the implant triggers a cancer outbreak in your body. Such harm is possible with surgical implants that have not been in the market long. In most cases, the carcinogenic nature of the implant materials only comes to light after several people have suffered the harm.

The Potential Liable Parties

If a surgical implant causes you harm, you should identify the right liable party to recover all your damages. In some cases, you have to deal with multiple liable parties to maximize your recovery. Here are some of the parties who may be liable for your injuries.

The Manufacturer

The manufacturer is liable for injuries that originate from a mistake or error during the manufacturing process. For example, if the manufacturer of a knee replacement implant forgets to include a screw, the manufacturer is liable for the injuries the missing screw might have caused.

The Hospital

Surgical patients typically get their implants in hospital settings. The hospitals must ensure that they only use safe devices for these surgeries, and failure to do that exposes the hospitals to liability claims. Therefore, the medical facility where you got the implant could be one of your liable parties.

The Doctor

The actual doctor who implanted the device in your body may also share the liability of your injuries. The doctor's liability depends on whether they knew or should have known about the medical device's defect.

The Sales Representative

Lastly, the sales representative who sold the devices to the hospital or your doctor may also share some of the blame. Most manufacturers of medical devices use representatives to hawk their products to health practitioners and medical centers. The representatives are liable for injuries that their products might cause to patients.

Hopefully, you won't suffer injuries related to medical devices any time soon. If you have already suffered such injuries, however, consult the Law Offices of Janice Maloney to analyze your case and help you recover your damages. We have experienced attorneys who will be with you to the conclusion of your case.

Considerations When Choosing Your Medical Malpractice Attorney

Fri, 11 Jan 2019 07:41:48 GMT

When you are considering taking a medical malpractice claim to court, one of your most important decisions is deciding on an attorney to represent you. Medical malpractice lawsuits are among the most complex to navigate, and you need an attorney who possesses certain skills and levels of expertise on your side to help increase your odds of compensation.

Medical malpractice attorneys are those who can easily navigate advanced medical terminology and scientific theories. You also want an attorney who has a team of scientific experts to consult with when necessary. The following are some additional qualities to look for when you choose an attorney for your medical malpractice lawsuit.

Specific Training and Experience in Medical Malpractice

As mentioned, you need an attorney who has experience and knowledge in the area of medical malpractice. Attorneys all have their niche of expertise. Some specialize in criminal defense, while others work primarily in family law. When you choose an attorney for a medical malpractice lawsuit, you want to find a personal injury attorney who has a solid track record in medical malpractice cases.

One thing you should look out for is an attorney who specializes in assisting victims of medical malpractice, as some attorneys specialize in defending physicians and medical professionals in these cases. Always ask to see examples of cases similar to yours when you consult with different attorneys so you can get a general idea of what you can expect.

Expertise in Medical Terminology

Although you are hiring an attorney, who is a student of the law, you want an attorney who also has an advanced understanding of medical terminology. Attorneys working primarily in medical malpractice will need to be able to interpret your medical records to fully understand your injury and build a successful case.

A good medical malpractice attorney will also be able to understand where a physician or medical professional went wrong when treating you, resulting in an injury. You should be able to discuss the mistakes made against you regarding any procedures or misdiagnoses to assist in determining an appropriate settlement amount.

Ability to Obtain Medical Witnesses

Although an attorney can be well trained in various medical terms and procedures, at the end of the day an attorney is not a doctor or medical professional. Because of this, you need an attorney who is able to easily access a variety of medical professionals to serve as witnesses in your case. Many victories hinge on medical expert testimony in court.

A medical witness is a neutral third party who did not initially treat you, but evaluated your records and can easily see what went wrong in your treatment. He or she then testifies as to what should have happened or where blatant errors were made in your case.

A medical witness adds credibility to your case in the eyes of a judge and jury, as they do not have to rely solely on your word, but also on the evaluation of an objective medical professional with experience in your ailments.

Ability to Work With Contingency Fees

One of the biggest obstacles for many people to even take a medical malpractice claim is the fear of the legal fees. When you search for an attorney for your case, look for those willing to work with you on a contingency. This simply means your attorney does not take a fee unless and until you win your case. This is helpful for many people, as it takes away the fear of a legal bill until after the case is over.

If you need assistance with a medical malpractice claim, please contact us at the Law Offices of Janice Maloney .

Ways to Prove Your Emotional Distress

Wed, 14 Nov 2018 06:02:00 GMT

Emotional distress is a real injury that isn't always easy to prove. Learn some of the ways to prove emotional distress for a strong legal case.

5 Ways to Protect Your Loved One in a Skilled Nursing Facility

Tue, 18 Sep 2018 01:29:00 GMT

Relying on a skilled nursing facility to care for your parent, grandparent, or other loved one is a hard decision.

When Sexual Abuse Happens In A Nursing Home

Thu, 12 Jul 2018 19:29:00 GMT

Sexual abuse is a real problem in society, and nursing homes are not immune. Unfortunately, many people living in nursing homes are the victims of abuse by employees and other residents, sometimes resulting in injuries.

What To Expect In A Nursing Home Lawsuit

Sat, 19 May 2018 06:22:00 GMT

If you are considering a lawsuit against a nursing facility, it is important to be prepared for what could be a lengthy process.

Do You Suspect Medical Malpractice? 6 Questions You Should Ask

Wed, 21 Mar 2018 06:22:00 GMT

Medical malpractice is highly case- and fact-specific; only an attorney can tell you whether you have a case. A negative medical outcome does not necessarily mean malpractice occurred. In fact, even a mistake doesn't mean medical malpractice occurred. Here are some questions you should ask yourself and your lawyer about your case, before deciding to move forward with your suit.

Cosmetic Surgery Medical Malpractice: When a Procedure Goes Wrong

Thu, 18 Jan 2018 17:21:00 GMT

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What to Do If You Are Injured as a Result of a Faulty Product

Mon, 20 Nov 2017 17:21:00 GMT

Have you recently been injured as a result of a faulty product? Here's what you need to know. Visit the Law Offices of Janice Maloney on our website.

How Much Is a Permanent Injury from a Car Accident Worth?

Fri, 22 Sep 2017 19:01:00 GMT

A car accident can result in permanent injury. If you're wondering how much a permanent injury from a car accident is worth, here are some things to know.

Can You Sue for Cyberbullying?

Mon, 24 Jul 2017 18:06:00 GMT

Cyberbullying is a new issue, so courts have only recently started to award damages to victims. Learn how you can provide evidence of your suffering.

Elder Abuse and Neglect: Evidence to Prove the Nursing Home Is At Fault

Sat, 20 May 2017 20:24:00 GMT

Many different types of evidence can prove that your loved one was neglected or abused in a nursing home. Here are a few of them.

Common Work-Related Injuries

Fri, 31 Mar 2017 23:22:00 GMT

Law offices of Janice Maloney provides information on work-related injuries.

What to Do After You Have Been in a Car Accident

Sun, 01 Jan 2017 15:59:00 GMT

Law offices of Janice Maloney can help if you have been injured in a car accident at no fault of your own.

Understanding Medical Malpractice Cases

Fri, 04 Nov 2016 16:55:00 GMT

Malpractice cases are serious issues that should be entered into only when medical professionals have truly made mistakes leading to injury or diminished health for patients. There are certain pursuit methods governing malpractice cases. Familiarizing yourself with these guidelines and working to determine how they apply to your case can help you to successfully settle or go to trial.