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Childbirth Injuries That Affect Children And Parents Must Stop
Oct 2018
by Yuriy Prakhin

Childbirth is supposed to be a joyous time of welcoming a newborn into the world but in many cases malpractices lead to child  injuries that leave parents heartbroken or a mother that is injured.

During a time when an infant is affected during childbirth the last thing parents are thinking of is filing a lawsuit. Of course their main concern is tending to their child but often times the medical expenses that will accumulate to treat the child and the special needs provided can cost a lot of money. Also, the injury was a due to some thing that could’ve been prevented.

A child birth injury is any kind of damage that occurs before or during childbirth. If it could’ve been prevented by a medical team following procedures correctly than it is considered an injury. These injuries include: Cerebral Palsy, Erb’ Palsy, Hematoma, Facial Paralysis, Klumpke’s Palsy, Spinal Cord Injury, Perinatal Asphyxia, Clavicle Fracture, Caput Succedaneum, Bruising,  Subconjunctival Hemorrhage and other injuries that could’ve been prevented in MANY cases. This is why it is vital to speak to a doctor to understand what short and long term affects it will have on the child. This information should be discussed with a lawyer to plan for now and the future.

An injury lawyer can help you collect proper information that is relevant for your lawsuit. Basically it is like investigating what exactly took place and this can be done by examining medical records, the cost of hospital and doctor bills, bills accumulated from your insurance company, any communication that took place with your doctor or medical staff in regard to emails, letters or there might be someone who witnessed the event and will provide information etc.

Your lawyer can extensively research any medical studies that link to yours; the credentials of all those who provided medical care and even look into any cases where there has been negligence performed by the same medical staff.  

It is imperative to understand that while some of these injuries may improve there are some cases that will require a Care Plan. That would entail the types of medical attention, procedures, assistance etc that may be temporary or lifelong.

Having a diagnosis is only a piece of a puzzle regarding injuries. There are steps that must be taken to ensure that your child will not lack the help that they need and a lawyer can assist you in this process.

There are about 28,000 childbirth injuries every year. Over 6 out of 1,000 infants are born with moderate to major injuries. Tragically, 20% of children injured at birth are fatal. These numbers are far too high for parents who trust the work of their doctor.

Also, consider the mother that gives birth. Just as with infants there are various injuries that she sometimes endures during childbirth. There are health concerns that go undiagnosed or untreated and can be fatal. There’s no excuse negligence and the pain and suffering because of it.

Fell on black ice
Oct 2018
by Yuriy Prakhin

Q: Two years ago, while walking to my car at our co-op’s parking lot, I slipped on the ice, fell and badly injured my shoulder. Now I received a letter from my lawyer where he refused to pursue the lawsuit because I fell on the “black ice.” What does it mean?

A: In your case, the phrase “black ice” means that the ice you slipped on was covered with mud, for example, and therefore invisible. Insurance companies often use this expression to protect themselves. The logic is quite simple — since the ice is invisible, nobody knew and could not have known that it was there at all, which means that nobody was responsible for cleaning it up and nobody would pay. This is effective and efficient protection. However, since you fell at the parking lot, your case is not lost. Answering the following questions can help you. Did a superintendent or another employee perform a regular routine parking lot cleaning? If so, did they create black ice by sweeping the dirt on the floor? If they failed to clean parking lot, then it would be the property owner’s fault a priori, because it’s his responsibility to make sure that the parking lot is cleaned regularly. Both statements need to be proven with the help of witness testimonies, photos, security camera records, checking previous tenants’ complaints, etc. If you succeed with that, the owner has to pay for your injury. Another option would be that a construction company that was, for example, repairing your building could have caused “black ice” by spilling cement on the floor. Anyway, to help you win the case a lot of research needs to be done. So far, we have more questions than answers.