January 2012 Archives

Every year thousands of Americans are seriously injured or killed from surgical errors and surgery malpractice.  Any surgical operation can be complex and involves risks to the patient.  Surgery mistakes can lead to serious and permanent injuries to the patient, and sometimes even death.  There is also a misconception that only serious surgical operations, including emergency room surgery leads to death.  Most people do not realize that even common elective surgeries such as plastic surgery carry risks as well.  Areas of elective surgery include cosmetic surgery and bariatric surgery.

Since all forms of surgery carry risks, even cosmetic surgery or bariatric surgery can result in catastrophic injuries or death for the patient.  Examples of cosmetic surgery include facelifts, liposuction, breast augmentation, and a nose job (rhinoplasty).  Examples of bariatric surgery include lap band, stomach stapling, and gastric bypass surgery.

Another misconception by the general public is that only inexperienced surgeons or surgeons new to the field make surgical errors.  In fact, even the most respected and skillful surgeons make mistakes that lead to serious injuries or death to their patients.  Just a few examples of surgeon malpractice include removing the wrong body part or operating on the wrong side of a patient, puncturing an organ close to the area of operation, which can result in a severe infection or allow dangerous fluids to enter the organ that was cut, also using unsanitary medical equipment.

Medical malpractice, including surgical errors happen frequently in hospitals.  Medical malpractice occurs in hospitals for many reasons, including a shortage of medical staff, an overworked staff, tired staff, and medical staff that are not properly trained.  Sometimes a shortage of surgeons will cause a serious injury to a patient who is in critical need of an operation, but is kept waiting while the surgeon is busy working on another operation.  Surgeon's even make mistakes that may not be noticed until a future date, causing the problem to spiral into a far worse medical condition for the patient.

While hospitals carry risks for surgical errors and surgeon malpractice, there is an even larger risk when dealing with medical clinics or doctor's offices.  Even for common elective plastic surgery procedures, there is an additional risk in a medical center or doctor's office compared with a hospital.  The reasons for this are because medical centers do not have a full staff of trained medical experts prepared to handle a variety of unexpected medical emergencies.  While a hospital has board certified anesthesiologists, critical care nurses, or specialized surgeons on staff, medical centers and doctors offices usually do not.  If a serious emergency arises, these types of medical facilities are usually not properly equipped with the equipment, resources, or highly trained staff to handle the emergency.  During a catastrophic medical emergency, the patient will be deteriorating quickly, while waiting for an ambulance to arrive to transport the patient to the hospital.  

If you or a family member has been injured from medical malpractice, including suffering injuries from a surgical mistake, contact the Law Offices of Dr. Bruce G. Fagel & Associates for a free legal consultation.

Every year thousands of Americans are seriously injured or killed from surgical errors and surgery malpractice.  Any surgical operation can be complex and involves risks to the patient.  Surgery mistakes can lead to serious and permanent injuries to the patient, and sometimes even death.  There is also a misconception that only serious surgical operations, including emergency room surgery leads to death.  Most people do not realize that even common elective surgeries such as plastic surgery carry risks as well.  Areas of elective surgery include cosmetic surgery and bariatric surgery.

Since all forms of surgery carry risks, even cosmetic surgery or bariatric surgery can result in catastrophic injuries or death for the patient.  Examples of cosmetic surgery include facelifts, liposuction, breast augmentation, and a nose job (rhinoplasty).  Examples of bariatric surgery include lap band, stomach stapling, and gastric bypass surgery.

Another misconception by the general public is that only inexperienced surgeons or surgeons new to the field make surgical errors.  In fact, even the most respected and skillful surgeons make mistakes that lead to serious injuries or death to their patients.  Just a few examples of surgeon malpractice include removing the wrong body part or operating on the wrong side of a patient, puncturing an organ close to the area of operation, which can result in a severe infection or allow dangerous fluids to enter the organ that was cut, also using unsanitary medical equipment.

Medical malpractice, including surgical errors happen frequently in hospitals.  Medical malpractice occurs in hospitals for many reasons, including a shortage of medical staff, an overworked staff, tired staff, and medical staff that are not properly trained.  Sometimes a shortage of surgeons will cause a serious injury to a patient who is in critical need of an operation, but is kept waiting while the surgeon is busy working on another operation.  Surgeon's even make mistakes that may not be noticed until a future date, causing the problem to spiral into a far worse medical condition for the patient.

While hospitals carry risks for surgical errors and surgeon malpractice, there is an even larger risk when dealing with medical clinics or doctor's offices.  Even for common elective plastic surgery procedures, there is an additional risk in a medical center or doctor's office compared with a hospital.  The reasons for this are because medical centers do not have a full staff of trained medical experts prepared to handle a variety of unexpected medical emergencies.  While a hospital has board certified anesthesiologists, critical care nurses, or specialized surgeons on staff, medical centers and doctors offices usually do not.  If a serious emergency arises, these types of medical facilities are usually not properly equipped with the equipment, resources, or highly trained staff to handle the emergency.  During a catastrophic medical emergency, the patient will be deteriorating quickly, while waiting for an ambulance to arrive to transport the patient to the hospital.  

If you or a family member has been injured from medical malpractice, including suffering injuries from a surgical mistake, contact the Law Offices of Dr. Bruce G. Fagel & Associates for a free legal consultation.

The highest cause of death in newborns is premature birth.  If a delivery occurs in week 26 through 36 of the pregnancy, it is classified as a premature delivery.  A normal full term pregnancy is 38 weeks.  There are increased dangers of delivering a baby during week 26 through 36 as the infant is not fully developed during this period; therefore, the risk of lung injury or brain injury is dramatically increased.  By using steroid injections, which helps accelerate the development of the lungs and brain, some of the health risks of premature delivery can be reduced. If a baby is delivered below the 26 week mark, he or she will likely have permanent neurologic injuries, and the delivery will usually be considered non-viable, which means the baby is considered not capable of living or developing.

After an infant is delivered prematurely, the baby will be placed in the neonatal intensive care unit or NICU.  Premature baby's or baby's who are ill will receive special treatment in the NICU.  Because of the special care a NICU provides, mother's who are anticipating a premature delivery should research a hospital with a NICU.  

The earlier an infant is delivered prematurely, the greater the danger to the baby.  If the infant is delivered before the 34th week, he or she will likely require ventilation assistance.  The 32nd - 34th weeks are when the lungs normally mature, so if the infant is delivered before the 32nd week, he or she will probably suffer from lack of oxygen flow to the brain, or hypoxia, because of the immature lungs.   If the infant is delivered after the 34th week, he or she will likely have a low risk of brain injury or permanent brain injury.  When possible, treatments may be used to help delay a premature delivery until at least after the 32nd week.  

Just because an expected mother goes into preterm labor, does not mean she will have a premature baby.  Also, there are situations where a doctor will purposely deliver the baby early, such as if there is a complication that will affect the mother or child in a dangerous way.  If for example, the fetal heart rate monitor shows the baby's heart rate is dropping dramatically and can't be brought back to a normal level, a doctor may need to perform an emergency C-section to remove the baby before permanent brain damage occurs.  

If you or a family member has experienced a premature delivery or birth injury as a result of doctor negligence or hospital negligence, you may have a case for medical malpractice.  You should consult with an experienced child attorney who specializes in medical malpractice birth injuries, such as Dr. Bruce Fagel.  Doctor Fagel is a leading medical malpractice attorney and a licensed medical doctor.

The highest cause of death in newborns is premature birth.  If a delivery occurs in week 26 through 36 of the pregnancy, it is classified as a premature delivery.  A normal full term pregnancy is 38 weeks.  There are increased dangers of delivering a baby during week 26 through 36 as the infant is not fully developed during this period; therefore, the risk of lung injury or brain injury is dramatically increased.  By using steroid injections, which helps accelerate the development of the lungs and brain, some of the health risks of premature delivery can be reduced. If a baby is delivered below the 26 week mark, he or she will likely have permanent neurologic injuries, and the delivery will usually be considered non-viable, which means the baby is considered not capable of living or developing.

After an infant is delivered prematurely, the baby will be placed in the neonatal intensive care unit or NICU.  Premature baby's or baby's who are ill will receive special treatment in the NICU.  Because of the special care a NICU provides, mother's who are anticipating a premature delivery should research a hospital with a NICU.  

The earlier an infant is delivered prematurely, the greater the danger to the baby.  If the infant is delivered before the 34th week, he or she will likely require ventilation assistance.  The 32nd - 34th weeks are when the lungs normally mature, so if the infant is delivered before the 32nd week, he or she will probably suffer from lack of oxygen flow to the brain, or hypoxia, because of the immature lungs.   If the infant is delivered after the 34th week, he or she will likely have a low risk of brain injury or permanent brain injury.  When possible, treatments may be used to help delay a premature delivery until at least after the 32nd week.  

Just because an expected mother goes into preterm labor, does not mean she will have a premature baby.  Also, there are situations where a doctor will purposely deliver the baby early, such as if there is a complication that will affect the mother or child in a dangerous way.  If for example, the fetal heart rate monitor shows the baby's heart rate is dropping dramatically and can't be brought back to a normal level, a doctor may need to perform an emergency C-section to remove the baby before permanent brain damage occurs.  

If you or a family member has experienced a premature delivery or birth injury as a result of doctor negligence or hospital negligence, you may have a case for medical malpractice.  You should consult with an experienced child attorney who specializes in medical malpractice birth injuries, such as Dr. Bruce Fagel.  Doctor Fagel is a leading medical malpractice attorney and a licensed medical doctor.

Many serious injuries and deaths occur in hospitals because of medical negligence and medical malpractice.  In fact, the National Institute of Health places the number of deaths by medical malpractice each year around 225,000, placing it as the third leading cause of death in the United States, just after heart attacks and cancer.  This alarming number doesn't even take into account how many people are seriously injured each year because of medical negligence.   

Many factors are responsible for hospital negligence, including surgery mistakes, anesthesia mistakes, miscommunication between doctors and nurses, failure to diagnose a problem, misdiagnosis of a problem, or failure to provide timely medical care to a patient desperately in need of medical help.  Sometimes patients in the emergency rooms are kept waiting so long that a serious medical problem turns into a severe medical emergency. Situations like this can lead to hospital negligence where the services of a hospital negligence lawyer may be required.

Hospital negligence is also the result of medical staff who may be sleep deprived, overworked, or not properly trained to handle various medical problems, or medical emergencies.  If a hospital is understaffed, the risk for hospital negligence increases.  For example, in September 2012, a cancer patient died from medical negligence in the Alta Bates Summit Medical Center in Oakland due to an improperly trained replacement nurse accidentally administering a nutritional supplement into the patient's catheter, which was set up for delivering medicine into the blood stream instead.

Negligence in hospitals may even go unnoticed as a patient enters the hospital with a particular problem, but the doctor's negligence ends up causing an entirely new problem.  The doctor may simply place the blame on the new problem with the original problem, saying the original problem escalated into the new problem; therefore avoiding the responsibility for causing the negligent act.  In this type of situation, an experienced medical malpractice lawyer, especially one who is also a licensed physician such as Dr. Bruce Fagel, will be able to examine the medical records and prove the doctor's negligence was in fact the cause of the severe medical condition.

An additional complication involving hospital negligence and doctor negligence is doctors are usually not employees of the hospital, but instead, independent contractors.  This creates an additional veil of protection for the hospitals from medical malpractice lawsuits.  Therefore in a medical malpractice lawsuit, the victim of medical negligence must name the doctors involved with the negligence as well as the hospital.

If you or a family member suffered serious injuries as a result of doctor negligence, hospital negligence, or the negligence of any medical professional, you may have a case for medical malpractice.  Contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation.

Newborns are at risk for the following types of medical malpractice birth injuries, those caused by lack of oxygen to the brain and trauma.  Both types of injuries can result in permanent paralysis to the baby.  Birth paralysis can range from a mild form of paralysis to a severe form of paralysis.  The extent of the injuries depends on several factors including how long the infant was deprived of blood or oxygen to the brain or how much trauma was caused to the brain, spinal cord, or nerves.  

A birth injury caused by trauma may occur if the infant is having difficulty exiting the birth canal.  For example, if the baby is too large to easily fit through the birth canal, and if this condition is not recognized by the obstetrician before the delivery occurs, then the delivery will be difficult, which is known as dystocia.  If the doctor is not careful and uses excessive force with the forceps or vacuum when extracting the infant, damage to the infant's brain or nerves may occur, causing paralysis to the arms, legs, or spinal cord.  Types of spinal cord injuries include paraplegia, quadriplegia, or brachial plexus.  In situations like this, a C-section may be necessary to prevent such injuries.

An example of a birth injury caused by lack of oxygen to the brain would be cerebral palsy.  Cerebral palsy is not caused by damage to the muscles or nerves such as a trauma injury, but rather by abnormalities in the parts of the brain that control muscle movement.  If a baby is not receiving an adequate supply of oxygen to the brain such as from a prolapsed umbilical cord, and the doctors fail to notice the warning signs of a dramatically reduced heart rate from the fetal monitor strip, this could lead to cerebral palsy.

Types of paralysis that can occur from medical negligence:

Cerebral palsy - Neurological disorders which permanently affect muscle coordination and body movement

Paraplegia - No feeling in legs or control of any leg movement

Quadriplegia - Both the legs and arms are immobile

Diplegia - Paralysis of symmetrical parts of the body

Klumpkes Palsy - Paralysis that affects just the lower arm, wrist, and hand

Erbs Palsy - Paralysis of only the shoulder and upper arm

A child who is paralyzed from a birth injury may require a lifetime of medical care, depending on the extent of the paralysis.  Treatment that is available for a child with paralysis includes physical therapy, medication, and surgery.  Since paralysis such as paraplegia, quadriplegia, diplegia, erbs palsy, or cerebral palsy are life-long for the victim, and will require expensive medical care; if a doctor, nurse, or medical facility is responsible for the paralysis, they need to pay for the lifetime of medical care necessary for the victim.  Retaining the services of an experienced birth injury attorney is critical for obtaining the largest settlement possible.

There are two major types of birth injuries that an infant can receive during the birth process; injuries from trauma and injuries from lack of oxygen to the brain. A lack of oxygen to the brain is known as birth asphyxia or hypoxia.  Depending on how extensive the damage is from birth asphyxia, the results can be minor to severe.

Because of the dangers of birth asphyxia, it is critical that asphyxia be corrected as soon as possible during the birthing process.  This is where the use of a fetal heart rate monitor is important.  The fetal heart rate monitor measures the baby's heart rate during labor.  If a medical emergency occurs, such as a rupture of the uterus or compression of the umbilical cord during labor or delivery, the fetal heart rate monitor can alert the medical staff that the baby is being starved of blood and oxygen so they can take immediate action to prevent permanent damage to the baby. 

An infant who is experiencing birth asphyxia must receive medical attention immediately.  This may require that a C-section or cesarean section be performed.  It is critical that a C-section be performed immediately as permanent damage can occur to a baby within 17 minutes of severe birth asphyxia.  If the problem is not corrected, the baby may suffer severe and permanent injuries to the brain, heart, lung, and kidneys.  Birth asphyxia can also lead to permanent paralysis, including cerebral palsy, or even death.

Causes of birth asphyxia:

• Very long or complicated birth process
• Compression or prolapse of the umbilical cord during labor or delivery
• Rupture of the uterus
• Insufficient oxygen in the mother's blood during the birth process
• The infant has anemia
• Blood pressure in the mother that is either too high or too low
• Infant's airway is blocked

Birth asphyxia symptoms:

• Low heart rate
• The baby's breathing is weak
• Pressure on the umbilical cord
• The mother's blood pressure is low

Although birth asphyxia problems happen infrequently; occurring in less than 5% of births, sometimes doctors, nurses, and medical staff negligently fail to recognize the symptoms or act in time to prevent serious and permanent injuries from happening.  Sometimes the doctors or hospitals refuse to perform a C-section when necessary.

If you or someone you care about experienced a birth injury from medical negligence, you may have a medical malpractice case.  Contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation.  Dr. Bruce Fagel is both a leading medical malpractice lawyer and a licensed medical doctor.  So he understands exactly how the birth process should happen and where medical malpractice occurred resulting in a birth injury.

Most medical negligence and medical malpractice claims in the U.S. are initiated against doctors and hospitals.  In order for a medical malpractice claim to be successful, the plaintiff initiating the claim must prove four elements:

• A duty of care was owed by the physician
• The physician violated the standard of care
• The patient suffered a compensable injury
• The injury was caused in fact and proximately by the conduct

Doctors, nurses, medical personnel, and hospitals owe a duty of care to the patients that seek treatment.  When medical professionals deviate from the accepted medical standard of care, then medical negligence may occur.

Although on the surface it appears simple enough, if a doctor, nurse, or medical facility causes serious harm to a patient, the patient or their family, simply initiates a lawsuit and the medical personnel or facility responsible pays the damages and the case is settled.  However, medical malpractice cases are far more complicated than this.  For example, medical malpractice cases require medical experts which are necessary to prove liability and damages.  The costs for obtaining these medical experts can cost over $200,000 before the trial even begins.  The defense will obviously be investing a great deal of money into obtaining their own medical experts to challenge the experts the victim's lawyer produces.

Another complication with medical malpractice cases involves causation.  Even though the victim suffered serious injuries through the medical negligence of a doctor, the doctor may blame the injury on another factor unrelated to the doctor's negligence.  The doctor may blame the age, physical condition, or another medical problem on the patient, rather than the doctor's own negligence.  This requires the victim's attorney to not only find the evidence of the doctor's negligence, but to prove it to a jury as well. If the case does not go to trial, then the victim's attorney must convince the defense attorney that the evidence and the case are sufficient to convince a jury of the negligence.

If medical malpractice cases weren't complicated enough, regarding medical negligence in a hospital setting, it is important to know that most doctors are not employees of the hospital but rather independent contractors.  This creates an additional shield of protection for the hospitals against lawsuits.  Naming the doctors or nurses in a medical negligence lawsuit in addition to the hospital may be necessary to ensure everyone responsible for the medical malpractice is part of the lawsuit.

Due to the enormous resources necessary to take a medical malpractice case forward, and the complexity of a medical malpractice case, it is critical a victim of medical malpractice retains a highly qualified medical malpractice lawyer.  It is also important that a victim of medical malpractice researches this medical malpractice attorney to make sure he or she has a strong track record winning cases in the type of area the victim is involved with.  For example, if the victim of medical malpractice is a child suffering a severe birth injury, then the medical malpractice attorney retained must have a strong track record of winning cases and settlements involving birth injuries. 

In order to demonstrate medical malpractice has occurred, it is important to show the connection between the negligent care and the patient's injury or death.  This is where obtaining the services of a leading medical malpractice attorney who understands medicine and how hospitals work, is critical to winning a case or obtaining a settlement favorable to the victim. 

In addition to being one of the best medical malpractice lawyers in the country, Dr. Bruce Fagel is also a licensed medical doctor, with over 10 years experience working in emergency medicine in hospital settings.  This powerful combination has given Dr. Fagel the ability to detect where medical negligence or medical malpractice has occurred, even being able to personally decipher complex medical records to see if medical malpractice occurred.  In fact, sometimes doctors avoid putting necessary information in medical records to help protect themselves from lawsuits.  This is where a strong background in medicine helps give Dr. Fagel an edge in a medical malpractice lawsuit.

Federal investigators released a new report stating that hospital employees are only reporting one out of seven errors, events, and accidents that are harming Medicare patients while they are hospitalized, as reported in the New York Times, January 6, 2012.  Daniel R. Levinson, inspector general of the Department of Health and Human Services released the study coming to the conclusion that hospitals are rarely changing their policies, even after preventable injuries and infections have been reported, some errors even resulting in the death of patients.

Hospitals that are paid under Medicare must track medical errors and adverse patient events, analyze the causes and improve the care to avoid repetition of similar mistakes.  Most hospitals are equipped with a system for employees to inform hospital managers of adverse events which cause significant harm to patients.  These adverse events include severe bedsores, medication errors, patients who were infected while in the hospitals, excessive bleeding from blood thinners, and overuse of painkillers resulting in delirium.

The inspector general's report estimates that over 130,000 Medicare patients experienced one or more adverse events in hospitals in a single month.  Employees are under-reporting these adverse events for many reasons, including:

• Not recognizing what constitutes patient harm
• Not recognizing that these events actually harmed patients and should be reported
• Assuming another employee would report the injuries
• Employees thought these were isolated events and would not likely reoccur
• The adverse events were so common there was no need to report them

Most hospitals did not believe these adverse events demonstrated any systemic quality problems.  Most hospitals made few changes to their practices or policies after detecting these adverse events either. Hospitals that are inspected are generally not scrutinized as to how they keep track of adverse events leading to serious injuries, so the problem is often not corrected.

The Obama administration has placed a high priority on reducing medical errors that lead to injuries; however, not much of this priority has produced needed changes in hospitals.  For example, the report states that out of a detailed review of 293 cases in which patients had been harmed due to medical errors, only 40 cases were reported to hospital managers, 28 cases were investigated by the hospitals, and only five cases led to changes in the way hospitals practiced or in hospital policy changes.

However, there is hope.  Over 2,900 hospitals have joined the administration to reduce errors, with a goal to save 60,000 lives in three years.  Also, while only 6 states had laws requiring hospitals to report publicly regarding patient infections developed in the hospitals at the end of 2005, now at least 27 states have added the laws.

After heart attacks and cancer, death from medical malpractice has become the third leading cause of death in the United States, according to the National Institute of Health.  In fact nearly 225,000 people die each year from medical malpractice and many people are seriously injured as well.  If you or someone you care about has been the victim of medical malpractice, you probably have many questions, including what should you look for when researching a medical malpractice attorney.

Experience - many lawyers handle a variety of cases, medical malpractice merely being one of the categories.  Medical malpractice cases are the most complex type of cases, requiring extensive expertise and experience.  

Dr. Bruce Fagel handles only medical malpractice cases and has tried and settled more medical malpractice cases on behalf of injured victims than any other attorney in California.

Track Record - obtaining the largest settlement possible in a medical malpractice case requires that the defendant's doctor or hospital insurance carrier respects and fears your attorney.  This respect and fear comes from the experience and ability of the attorney in taking medical malpractice cases to trial and winning these cases.

Dr. Bruce Fagel has successfully tried cases in more than 25 different counties in California and is well known and respected by the attorneys who represent doctors and hospitals.  He is even asked to speak at meetings of defense attorneys, hospitals, and insurance companies.

Knowledge - all medical malpractice cases require evidence from medical experts to prove negligence and causation.  Often medical malpractice cases are lost at trial because defense attorneys are able to use their medical experts to confuse a jury or the plaintiff attorney is not able to explain a case to a jury.

Dr. Bruce Fagel is a licensed medical doctor who practiced emergency room medicine for 10 years before becoming a leading medical malpractice attorney.  He has spent the last 30 years pursuing complex medical malpractice cases for injured victims and their families.  As a physician, he understands the complexities of a medical malpractice case and is able to prevent doctors and medical experts from trying to use complicated medical terminology to confuse a jury.  He knows how to cross examine the defense experts because he understands the medical language.

Ability to fund the case - medical malpractice cases are among the most expensive types of personal injury cases, mainly because of the cost of medical experts that are necessary for proving liability and damages.  The cost of obtaining experts for medical malpractice cases can easily exceed $200,000 or more before trial.  Many attorneys are unable to advance such a large sum of money and some even ask the clients to pay the costs as the case progresses.

Dr. Bruce Fagel advances all the costs for the cases he handles.  There is no out of pocket cost to the client.

What do past clients think about the attorney - one of the best measures of success for any attorney is the opinions of prior satisfied clients who have had medical malpractice cases similar to yours.  Ask any attorney you meet with to provide you a list of prior clients.  If the attorney is unable to provide you with the list, he or she probably does not have the level of experience or the proven track record of success that you need for your case.

If you believe you or a family member was the victim of medical negligence, you may have a case for medical malpractice.  Contact the Law Offices of Dr. Bruce G. Fagel & Associates at 1-800-541-9376 today for a free consultation.  

Nursing home abuse incidents occur far too frequently to the most vulnerable group of people, senior citizens. Elderly abuse, nursing home negligence, and nursing home abuse take on different forms of abuse to seniors, including physical abuse, emotional abuse, neglect, malnutrition, and sexual abuse. It's difficult to believe anyone would cause physical or emotional harm to the elderly, but it happens more often than you may think.  Nursing home staff and caregivers may not be adequately trained to provide the proper care for the elderly or be trained on how to handle unique mental or physical conditions of a patient.  Nursing home staff may also be under-paid, overworked, or have mental problems of their own which they may take out on an elderly patient.    When elderly abuse happens to someone you love and care about, your entire family suffers.

Often, members of a family may not even recognize nursing home abuse is occurring.  A family may instead naturally believe their elderly loved one is simply suffering from the effects of aging or a medical condition. To make matters worse, the elderly victims may be afraid to speak up, think nobody will believe their story of abuse, or simply not even realize they are being victimized.  The elderly abuse victim may even believe he or she is at fault for the abuse. Naturally, if someone you care about is reporting abuse, you should investigate the allegations.  However, what if your loved one doesn't report abuse to you?  In situations like this, there are symptoms of nursing home abuse to be aware of.

Physical abuse signs:

• Unexplained cuts
• Unexplained bruises
• Unexplained burns
• Sprains
• Broken bones

Elderly neglect signs:

• Bed sores
• Dehydration
• Poor hygiene
• Malnutrition
• Unsanitary living conditions
• Soiled bed
• Unexplained weight loss
• Medical conditions that are not being taken care of

Nursing homes and care givers may try to hide the signs of physical abuse by blaming injuries from a medical device or hide the evidence with clothing.  Also be aware of warning signs such as a staff member refusing to leave the room when you arrive or the nursing home delaying your entry into the room.

If you suspect a loved one is the victim of nursing home abuse, nursing home neglect, or elder abuse, please contact a qualified nursing home abuse attorney such as Dr. Bruce Fagel right away.  Seniors and those adults who are dependent on the care of others require the strongest protection from abuse and neglect.

End of life care or turning off life support for a loved one is a subject nobody wants to face.  This is probably one of the most difficult and heart-breaking decisions that millions of people have to confront when a loved one is critically injured and not responding to medical treatment.  Unfortunately life is filled with risks and a variety of situations can cause a loved one to be placed on life support, including complications resulting from surgery, anesthesia problems during or after surgery, a dangerous accident, or a child born with birth injuries resulting in severe brain damage.

A loved one placed on life support who is not responding to medical treatment places the family members in a very heart-wrenching and uncomfortable position, deciding if and when to turn off life support or end life care.  Another complication may arise if the doctor or medical staff advises the family that they should remove the family member from life support.  In a situation like this, people would rarely ever question the doctor's motives and simply be thinking the doctor believes there is nothing that can be done to save the patient or continue life support much longer. In fact, they may think the doctor is purely thinking of ending the suffering the patient may be going through.

However, there may be more to a doctor's recommendation than merely thinking of the patient or family's best interests.  For example, in California, the law places a maximum cap on how much a family can collect for wrongful death from medical negligence for non-economic damages at $250,000.  Therefore if a doctor or medical professional negligently caused a patient to fall into a coma, with no immediate recovery foreseen, or a very costly recovery foreseen, it could cost the hospital or medical facility millions of dollars to keep the patient alive and provide medical care.  However, if the patient died, it would only cost the medical facility $250,000.  This is information every family needs to be made aware of when deciding what is truly in the best interest of their loved one and everyone involved.  Before rushing to a decision, consider doing your research, seeking a second opinion, even seeking legal consultation from a medical malpractice attorney who is also a licensed medical doctor, such as Dr. Bruce G. Fagel.  Dr. Fagel will provide you with an independent opinion that will shed truth on the matter and allow you to make up your own mind without the influence of someone who may be biased or not serving your best interests.

Our law firm has handled many medical malpractice cases involving situations like this, and with a background as a licensed medical doctor, including practicing emergency room medicine for over 10 years, I have experience in evaluating situations like this and helping clients determine if medical negligence was the cause of the injury.  If you believe a family member was critically injured by medical negligence, call us for a free consultation to find out about your legal rights, including your right to be compensated for medical care for your loved one for as long as they need medical help.     

Developmental delays in children can often be observed when children are having problems learning how to crawl, walk, talk, progress in language or speech, or progress with thinking skills.  Children are unique and each child develops at their own pace.  If your child's developmental process is noticeably slower than other children, it may be a warning sign of various medical conditions, such as a birth injury that caused permanent brain damage.  The first few years of a child's life are important in the development that will affect the rest of his or her life.  If developmental delays are detected and the problems treated early in the child's life, the child will develop into a healthier adult and live a more fulfilling life.

A delay in development for your child may happen for many reasons, including a mother abusing drugs or alcohol when the baby was in the womb, genetics, or medical malpractice, including a nurse or doctor's negligence that caused a birth injury.  A birth injury may not even have been noticed when the child was born, but shows up later in the form of a developmental delay.

Birth injuries resulting from medical negligence include hypoxia and trauma; both of which can lead to developmental delays.  If a child did not receive adequate oxygen to the brain, cerebral palsy may occur and can be either mild or severe.  Cerebral palsy signs may not even be noticeable for the first few years either.  But if the child is suffering from cerebral palsy, the warning signs will become more noticeable, especially by the third year.

Cerebral palsy and hypoxia related birth injuries can occur from a variety of causes, including a doctor failing to perform a C-section if required, improperly using forceps or a vacuum in the extraction of the child from the birth canal, or a prolapsed umbilical cord cutting off the oxygen supply to the infant.  Birth injuries from medical negligence can lead to cerebral palsy and a lifetime of developmental delays, both mental and physical, including learning disabilities and paralysis.  If your child has cerebral palsy, a cerebral palsy attorney should be consulted.

Trauma injuries can also cause developmental delays in infants and children.  If an infant is having a difficult time exiting the birth canal, a doctor may be required to carefully twist and turn the baby's head to help with the delivery.  If the doctor is negligent and pulls and twists too hard, the physician may cause damage to the nerves running from the spine through the neck and armpit area of the arm, which can result in Erbs palsy, which results in paralysis of the body.  View Erbs Palsy video for a visual demonstration of how this type of birth injury can occur.   Signs for physical damage and developmental delays may include a limp arm with the infant.

A child with developmental delays resulting from a birth injury may require a lifetime of medical care, including physical therapy, medicine, doctors appointments, operations, even a full time caregiver. If you believe your child received a birth injury or was the victim of medical malpractice after birth, you may have a case for medical negligence or medical malpractice.  You should consult with a professional medical malpractice lawyer who specializes in birth injuries and developmental delays.  

Developmental delays in children can often be observed when children are having problems learning how to crawl, walk, talk, progress in language or speech, or progress with thinking skills.  Children are unique and each child develops at their own pace.  If your child's developmental process is noticeably slower than other children, it may be a warning sign of various medical conditions, such as a birth injury that caused permanent brain damage.  The first few years of a child's life are important in the development that will affect the rest of his or her life.  If developmental delays are detected and the problems treated early in the child's life, the child will develop into a healthier adult and live a more fulfilling life.

A delay in development for your child may happen for many reasons, including a mother abusing drugs or alcohol when the baby was in the womb, genetics, or medical malpractice, including a nurse or doctor's negligence that caused a birth injury.  A birth injury may not even have been noticed when the child was born, but shows up later in the form of a developmental delay.

Birth injuries resulting from medical negligence include hypoxia and trauma; both of which can lead to developmental delays.  If a child did not receive adequate oxygen to the brain, cerebral palsy may occur and can be either mild or severe.  Cerebral palsy signs may not even be noticeable for the first few years either.  But if the child is suffering from cerebral palsy, the warning signs will become more noticeable, especially by the third year.

Cerebral palsy and hypoxia related birth injuries can occur from a variety of causes, including a doctor failing to perform a C-section if required, improperly using forceps or a vacuum in the extraction of the child from the birth canal, or a prolapsed umbilical cord cutting off the oxygen supply to the infant.  Birth injuries from medical negligence can lead to cerebral palsy and a lifetime of developmental delays, both mental and physical, including learning disabilities and paralysis.  If your child has cerebral palsy, a cerebral palsy attorney should be consulted.

Trauma injuries can also cause developmental delays in infants and children.  If an infant is having a difficult time exiting the birth canal, a doctor may be required to carefully twist and turn the baby's head to help with the delivery.  If the doctor is negligent and pulls and twists too hard, the physician may cause damage to the nerves running from the spine through the neck and armpit area of the arm, which can result in Erbs palsy, which results in paralysis of the body.  View Erbs Palsy video for a visual demonstration of how this type of birth injury can occur.   Signs for physical damage and developmental delays may include a limp arm with the infant.

A child with developmental delays resulting from a birth injury may require a lifetime of medical care, including physical therapy, medicine, doctors appointments, operations, even a full time caregiver. If you believe your child received a birth injury or was the victim of medical malpractice after birth, you may have a case for medical negligence or medical malpractice.  You should consult with a professional medical malpractice lawyer who specializes in birth injuries and developmental delays.  

The Medical Injury Compensation Reform Act or MICRA was enacted in 1975 by pressure from doctors in California wanting to limit the amount of damages victims of medical malpractice could obtain from lawsuits.  This limits the amount of money a victim of medical malpractice in California can obtain for non-economic damages, including emotional distress and pain and suffering to $250,000.  Since its introduction, tens of thousands of patients injured by preventable medical errors have been denied just compensation for their injuries.  

Although this creates a challenge for victims of medical malpractice, there are still additional resources available.  And while MICRA creates a difficult challenge for victims of medical malpractice in California, there are other states that are far more excessive with their limitations on damages.  For example, Virginia limits the total amount a victim of medical malpractice can recover for economic, non-economic, and punitive damages to $2 million.  Indiana limits the total amount for economic and non-economic damages to $1.25 million.  If a birth injury victim in California was awarded $7 million for economic damages, that same victim in Indiana would only receive $1.25 million to cover the same damages.   

Although non-economic damages in California are limited to $250,000 for medical malpractice victims, there is no cap on economic damages.  Economic damages include a lifetime calculation of lost wages and medical care for the victim of medical malpractice.  If a child suffers a severe and permanent birth injury such as cerebral palsy, although MICRA limits his or her non-economic damages to $250,000, there are still economic damages that must be calculated.  How much does it take to provide medical care for this individual for the rest of his or her life? Does this victim require a full time care giver?  How much lost wages would this victim be expected to lose for a lifetime of being out of work?

The cost of living has gone up dramatically since 1975 and while the $250,000 for non-economic damages has substantially decreased in value when factoring in the cost of living, the cost of medical care has increased dramatically, so the economic damages produce sizable damages for victims of medical malpractice.  

Taking the cerebral palsy birth injury example from above, this victim will likely need full time medical care and resources for the rest of his or her lifetime.  Full time medical care may require a full time care giver to handle daily routines including getting dressed, bathing, and feeding.  Also, medication, therapy, and doctor visits will likely be required.  The amount of medical care and resources necessary to take care of a severe cerebral palsy birth injury victim may cost millions of dollars over the victim's lifetime.  There is also the amount of lost wages the victim will lose over a lifetime and this must be factored into the economic damages as well.  Economic damages are the reasons why a medical malpractice victim may recover damages into the millions when MICRA places non-economic damages at a maximum of $250,000.   

If you or someone you love has been the victim of medical malpractice, you should immediately consult with a medical malpractice lawyer who is also a licensed physician, such as Dr. Bruce G. Fagel.  The consultation is free and if we take on your case, there is no fee unless we win your case.