Nelson & Hammons, Attorneys at Law 2024-03-08T12:01:53Zhttps://www.nelsonhammons.com/feed/atom/WordPress/wp-content/uploads/sites/1203471/2023/06/cropped-site-icon_favicon-32x32.pngOn Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=512592024-03-08T12:01:53Z2024-03-08T12:01:53ZSecuring copies of medical records
As soon as Healthcare professionals indicate that something went wrong during labor and delivery, parents need to start gathering documentation. If nothing else, they need as much detail as possible to ensure they put together the best treatment plan for their child.
Being proactive about care
Many birth injuries, like Erb's palsy, may require intervention while a child is still an infant. Instead of delaying treatment to see if a child grows out of their injuries, parents may need to make a point of securing treatment as soon as possible. Despite the likely expenses involved, pediatric care for birth injuries can improve a child's prognosis.
Getting support for the parents
Many new mothers find birth injuries scenarios to be quite traumatic. They might develop symptoms of mental health challenges due to what occurred or the pressure on their family after the child's birth. Parents who receive proper social and psychological support when adjusting to a child's birth injury diagnosis may have an easier time meeting the child's needs.
Reworking the long-term family plans
The adults in the family probably need to make some major adjustments to their expectations, especially if the birth injury could produce lifelong symptoms. From changing the house where the family lives to a more accessible space to deciding to have one parent stay home as a caregiver, there are many changes that can make it easier to provide the child with the support they need without causing consistent stress for the rest of the family.
Pursuing a medical malpractice lawsuit
Some birth injuries occur due to unusual circumstances. Others are fully preventable if health professionals properly monitor the situation and intervene appropriately. When the professionals assisting a birth do not conform to current best practices, they could be liable for the harm caused by their mistakes or negligence. Pursuing a medical malpractice lawsuit gives the family the resources necessary to meet a child's needs, possibly including the cost of having a parent stay home with the child.
Getting the right support, including financial compensation, may benefit those affected by birth injuries caused by medical malpractice.]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=511262023-06-28T19:21:18Z2023-06-28T19:21:18Zfail to reasonably protect their patients -- with tragic results.
What is MRSA?
MRSA stands for methicillin-resistant Staphylococcus aureus. It's a type of staph infection that most often enters the skin through wounds, including minor ones like pimples, cuts and bug bites. While MRSA is generally minor in healthy people, it can be dangerous for people in poor health -- such as those staying in the hospital. And MRSA is resistant to antibiotics due to decades of doctors overprescribing them for minor illnesses, so it can be challenging to treat. It can be fatal in extreme cases.
How a hospital can become a MRSA breeding ground
MRSA infections among hospital patients are so common that they have their own name: healthcare-associated MRSA, or HA-MRSA. Hospitals owe their patients a duty of due care to keep them reasonably safe. In a building full of sick people, this includes keeping the rooms as clean and antiseptic as possible. When a hospital's cleaning staff is incompetent, understaffed or not provided with the necessary cleaning supplies, patients have an increased chance of exposure to MRSA. This is also an issue when wounds don't get regularly cleaned and redressed or MRSA patients don't get isolated from the other patients.
Medical malpractice regarding MRSA puts lives at risk. Surviving a MRSA infection can be painful and debilitating. And the medical bills can be astronomical. A medical malpractice claim can put the responsibility for this and other damages where it belongs -- on the hospital that allowed your MRSA infection to happen.]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463132023-04-04T23:24:42Z2018-08-29T03:36:56ZDeciding to pursue a medical malpractice claim is not a simple undertaking.
If you or a family member have been injured due to medical negligence, asserting your right to seek compensation for your medical costs, lost income, and other damages is a complicated process. You need the assistance of a medical malpractice lawyer that can provide the knowledge, skill, and experience to improve your chance of success in this complex legal arena.
Why You Need a Lawyer for a Medical Malpractice Claim
When medical negligence occurs, it is rarely freely admitted by the medical practitioner who made the negligent error. Whether you were the victim of a medication error that caused you injury, or negligence at a nursing home caused injury to your parent, the person who files a claim or lawsuit is required to prove negligence, causation, and damages. Hospitals, medical clinics, nursing homes, and other medical facilities protect themselves from medical malpractice claims with extensive legal assistance. Although you are not required to have an attorney represent you, choosing to be represented by a well-qualified lawyer is a smart decision.
The first step in building a medical malpractice claim is to determine whether you have the fundamental factors in place to support your claim. A medical malpractice lawyer can initially evaluate your potential claim based on your explanation of what happened. Medical negligence claims are complicated and difficult to prove, especially in Louisiana. The basic factors include:
You were a patient receiving care from the medical practitioner
You were injured due to medical negligence during your care
There were significant physical injuries, medical costs, lost income, death or other damages caused by the medical negligence
Having a lawyer on your side can help you determine whether to move forward with a claim. It is better to know it is unlikely you will win a medical malpractice claim from the beginning than to waste time and energy pursuing one without results.
Fighting a Medical Malpractice Legal Battle
If it is determined you have a valid medical malpractice claim, an experienced medical malpractice lawyer can help. The doctor, surgeon, pharmacist, or other medical professional that was responsible for the medical negligence and corresponding injury will have lawyers working diligently to fight against your claim. You need a comparable legal team that has the knowledge, experience, and skill in medical malpractice litigation to uncover the evidence needed to support your claim. A medical malpractice lawyer can provide:
Expert witnesses. It is important to have medical professionals who will support your claim and testify that the care you received was negligent and caused significant harm. An experienced lawyer may consult qualified experts to evaluate and render an opinion on the merits of your potential claim.
Experience in the Louisiana court system. Medical malpractice claims in Louisiana are difficult but a lawyer who has knowledge and experience with the medical review panel process and medical malpractice litigation in Louisiana will have the skills to help you.
Looking for a Medical Malpractice Lawyer in Louisiana?
If you believe you are the victim of medical negligence, do not try to fight this battle alone. The legal team at Nelson & Hammons has fought on behalf of hundreds of clients since 1980 in the area of medical malpractice. We are one of the few firms in Louisiana that focuses our law practice on representing patients and their families who have been injured by medical negligence
To begin your quest for justice and compensation in your medical malpractice claim, contact our office by phone to talk to an attorney or ask a question by submitting the form on our website. If we advise you to move forward with your claim, we would be honored to represent you and offer our extensive experience to fight for your claim.
Schedule A Consultation]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463082023-10-02T08:14:01Z2018-07-26T03:36:56ZBefore many major medical treatments like surgery, patients are required to sign a consent form to confirm that the patient understands what procedure will be performed, the risks and benefits of undergoing the procedure, as well as other treatment options.
The medical consent form is designed to protect the physician, surgeon, and medical facility from liability while informing the patient or family members of the risks of treatments. However, signing a consent form does not take away your rights to receive treatment that complies with the applicable standards of care, or protect a medical professional from a medical malpractice lawsuit.
What is Informed Consent?
Consent forms before major medical procedures are used to protect medical professionals from liability regarding informed consent. Informed consent means the patient should understand his diagnosis, the proposed treatment, benefits of the treatment, risks of the treatment, other treatments available and risks of not undergoing the treatment. A patient or his medical proxy must not only agree to the treatment suggested, he must be informed of the risks of the procedure. A medical consent form contains information on the procedure and the possible complications or risks that can occur. The patient or his healthcare agent authorized by the appropriate power of attorney document must understand and agree to the procedure by signing the consent form.
A medical consent form in no way waives your rights to receive treatment that complies with the applicable standards of medical care. The consent form should outline the possible risks and complications that can occur, so patients can make an informed decision. If a patient is considering an elective surgery that has a risk of paralysis, he may make the decision that the risk outweighs the possible benefit when he reads the consent form. However, if he decides to accept the risks and one of the outlined complications occurs, the likelihood of a medical malpractice lawsuit may be diminished but must be evaluated on the specific facts of his unique situation.
When a Consent Form is Misleading, Incomplete, or Signed Under Duress
While medical consent forms are usually long and meticulously state the reasons for the procedure and the possible complications or risks, they are not a legal blanket for medical professionals to hide behind. Even if you signed the form, if a complication occurs that causes you injury, you may still be able to pursue a lawsuit. The following possible problems may occur with consent forms:
Misleading. If a complication is listed, but the risk level is not accurate, it could be construed as misleading. A patient may accept a risk of internal bleeding at less than 1% but not if 10% of patients experience this complication. Major risks like brain damage, death, paralysis, and other life-changing complications should be outlined specifically, along with common complications.
Incomplete information. Sometimes risks or complications that have occurred, but only rarely, are not listed on the consent form. If it can be proven that another physician would have disclosed the risk, but your doctor did not tell you about it, and then the complication occurred, there may be a possibility to pursue a medical malpractice claim.
Patient’s state of mind. For any legal form to hold up in court, the person signing it must be considered competent and not under duress. If the patient was sedated, mentally ill, or not in his right state of mind when he signed the consent form, it could be argued that informed consent was not given. The same is true if the patient feels pressured or under duress when he is asked to sign the form.
Consent Forms and Medical Malpractice
Regardless of whether you sign a medical consent form or not, these forms do not protect surgeons, physicians, and other medical professionals from liability when it comes to medical malpractice. If a negligent medical mistake or error is made that causes you injury, the health care provider can be held liable for the damages in court if you are able to prove negligence, causation, and damages. At Nelson & Hammons, we carefully consider all the information our clients give us and investigate the circumstances of their medical malpractice claims. If there is proof that a medical professional caused harm due to negligence, we will fight diligently to get compensation and justice for our client.
Schedule A Consultation]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463052023-09-29T16:11:57Z2018-07-20T03:36:56ZAny time a patient believes he has been injured because of medical negligence, errors, or mistakes, he may think he has a medical malpractice claim.
However, pursuing a medical malpractice lawsuit is typically a long and expensive process. Not all injuries are significant enough to warrant the time and money that would be required to hold a medical professional accountable. If you call a lawyer to ask about pursuing a claim, he will ask you questions about the following issues:
Basics of a Medical Malpractice Claim
First and foremost, the elements of a medical malpractice claim must be in place before you can pursue a claim or lawsuit against a medical professional, regardless of the scope of the injury. There are a few basic facts that must be true if a patient wants to move forward with a claim of being injured due to medical malpractice, including:
There was a medical professional/patient relationship. The doctor or medical professional about whom you have a complaint must have been providing medical care and treatment to as is patient. Proving a patient relationship with the target defendant is the first step in the inquiry.
Negligence, error, or a medical mistake occurred that resulted in injury. There needs to be evidence of medical negligence. A misdiagnosis, a medication error, unnecessary treatment, medical mistake or treatment without consent must occur that causes injury. To actually prove medical negligence, ultimately the testimony of a well-qualified expert witness on the issues of negligence, causation, and damages is required.
There was a specific injury that was caused by the medical negligence. The medical negligence must be the cause of a specific injury to the patient. These injuries may include permanent physical impairment, loss of earnings, medical bills, emotional distress, or death.
If all three of these facts exist, you may have the pieces in place to pursue a medical malpractice claim. However, the scope and seriousness of the injury can determine if it is worth pursuing.
Determining the Extent of a Medical Malpractice Injury
A pharmacist could by error dispense the wrong medication to a patient, but it would not necessarily mean he should pursue a medical malpractice claim. Yes, the pharmacist and patient had a relationship and the pharmacist made a mistake, but that act of negligence also must cause harm. If the customer/patient took the wrong pills and they made him vomit or feel sick, he has suffered an injury, but not necessarily a serious injury. However, if the negligently dispensed medication caused the patient to be admitted to the hospital because of a serious reaction or because he did not get the needed medication, the injuries may be significant enough to justify the time, effort, and expense required to investigate and pursue a medical malpractice claim.
There is not a set rule on exactly how much harm or injury must occur for it to be worth pursuing a medical malpractice lawsuit. However, considering that many of these cases take years to resolve and tens of thousands of dollars in legal costs, the injury does need to be significant. The scope of the injury depends on the impact on the patient’s life. Some questions regarding the extent of the injury regarding suffering and financial consequences include:
Did the injury cause you physical pain? Some people have chronic pain due to an injury caused by medical malpractice. If you endured intense pain or will need to live with pain for the rest of your life, this is a significant injury.
What mental or emotional anguish was caused? A disfigurement or mental disability caused by medical negligence can impact your quality of life.
Did you incur additional medical costs? If the medical error resulted in your needing hospitalization, rehabilitation, medications, or other medical costs, this is a financial injury.
Did the injury impact your ability to work? If you needed to take time off work or lost your ability to work in your field due to an injury caused by medical error, the lost wages and lost earning capacity are a significant harm.
Often, a medical malpractice claim will have more than one of these injury factors. It is not just the financial cost to the victim, but also the level of suffering that is involved that can make the claim worth pursuing. The medical costs and lost wages are just the tip of the iceberg for someone who will never be able to see again, or for someone who lost his loved one to a medical negligence. It can be difficult to put a dollar amount on this type of suffering, but that does not make it any less substantial.
Should You Pursue a Medical Malpractice Claim?
If you have been seriously injured physically, mentally, financially, or a combination of ways from what you have reason to believe may be medical negligence, please contact our experienced team at Nelson & Hammons. We have spent decades asserting our clients’ rights to fair compensation for medical malpractice claims in Louisiana. Please call to discuss your potential claim with one of our attorneys to determine whether pursuing a medical malpractice claim for your injuries is in your best interest, in our opinion.
Schedule A Consultation]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463112023-03-09T05:35:31Z2018-07-18T03:36:56ZWhen a misdiagnosis, medication error, or medical procedure is performed incorrectly causing injury, the patient suffers due to a mistake by a medical professional.
However, although the patient is not to blame, most victims of medical malpractice wish there was a way they could have prevented it from occurring. There are certainly some steps a patient can take to protect himself from being injured by some types of medical malpractice.
Understanding Medical Malpractice
To prevent something from occurring, you first need to understand what it is and how it occurs. Medical malpractice is defined as anything that causes injury to a patient by an act or omission of treatment that is deemed outside of the applicable standards of medical care that the patient should receive It is important to understand that not all medical treatments or procedures have the desired result, but that does not mean it constitutes medical malpractice. Errors and mistakes that cause harm which would not have occurred if performed by another medical professional may be medical malpractice. Examples include:
Prescription or medication errors
Surgical mistakes
Misdiagnosis of an illness
Unnecessary treatment or surgery
Negligent care
Procedures performed without consent
When these types of mistakes occur and cause injury to the patient, it is solely the fault of the physician or medical professional. While a medical malpractice lawsuit can be pursued to recover financial compensation, no amount of money can undo the pain, suffering, and loss that some patients endure due to medical mistakes. It may not be your duty to prevent medical malpractice, but there are precautions you can take to reduce your risk of injury when seeking medical care.
Research Your Illness or Procedure
Educating yourself on your medical condition is one of the best ways to understand the treatments and procedures that are available, as well as their outcomes. Some physicians are excellent at explaining to their patients the details about their medical condition and the pros and cons of different treatments, while others are not. Learn as much as you can to stay informed through your treatment. This preparation will help you ask the right questions and recognize when you may not be getting the best care possible.
Involve a Family Member
If you have a serious condition that will need ongoing treatments, it is best to have someone who you can count on to come with you to doctor visits and treatments. Another set of ears and eyes to listen to diagnosis and treatment information is helpful, especially if something does not seem right down the road. This precaution also gives you an informed person to monitor treatments when you are incapacitated, like during or after a surgical procedure.
Get Second Opinions
When it comes to your health, you want to take steps to be sure you are getting the best medical care. If your physician diagnoses you with a serious health condition, it is always best to get a second opinion before moving on with treatment. The same is true if you are given a clean bill of health, yet you still believe there is something wrong. Physicians make mistakes – misdiagnosis is a common reason for medical malpractice. A second opinion can prevent serious injuries that can occur when a patient undergoes treatment for the wrong illness or does not receive treatment at all.
Know Your Medications
It is important to understand what the medications you take do and the possible side effects. It is also vital to know the dosage you need and what your pills should look like. A common medical error occurs at pharmacies. The wrong drug or dosage can be given to patients that can be detrimental to their health. There are resources online that can show you what your prescribed pill should look like and if there are any medications that negatively interact with the drug. Take the time to read the literature about your medications and check every bottle to be sure the pills inside match what you were prescribed by your doctor. If you have any concerns, ask your doctor or pharmacist. When reviewing your medical history and list of medications with your doctor or his nurse, be absolutely honest about the answer to every question. Take your medications (prescription, over-the-counter, herbal supplements, and vitamins ) with you in the bottles in which you received them from the pharmacy to be sure the doctor has access to complete, correct information regarding each medication and dosage.
Go to Your Own Doctor Whenever Possible
When you have the flu or just feel under the weather, try to see your primary care physician whenever possible instead of going to the ER or an urgent care facility. Emergency rooms are notoriously understaffed and many of the doctors and nurses work long, consecutive shifts. If you need emergency care, do go the ER, but if you are not experiencing a medical emergency and can wait to see your own doctor during regular clinic hours, you will likely get better care with less room for error.
Are You the Victim of Medical Malpractice?
If you have already been injured or have lost a loved one because of what you believe to be medical malpractice, please contact our team at Nelson & Hammons for an initial telephone consultation. The only people who can prevent medical malpractice are doctors and other health care providers – it is not your fault if they did not perform their duties and harmed you or a loved one in the process.]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463062023-10-02T07:19:44Z2018-06-26T03:36:56ZNursing homes are intended to provide full-time medical and personal care for those who cannot care for themselves.
This is an important responsibility, both to provide the care needed and to prevent any harm or injury to the patients. When a nursing home injury occurs, it can often be due to poor planning or negligent care on the part of the facility’s administration, management and healthcare team.
Why Do Nursing Home Injuries Occur?
To prevent nursing home injuries, it is first important to understand how they occur. Injuries can vary from medical issues like bedsores and infections to physical injuries from falls and other accidents. Injuries can also be caused by abuse and negligence, including physical abuse, poor nutrition, medication errors and even sexual assault. With such a wide scope of possible injuries, it is necessary for nursing homes to have protocols in place to prevent them from happening to the patients in their care.
Nursing home injuries often occur when the safety standards for care are not met. This includes standards that are put in place by the state and federal government for long-term care facilities. Some of the standards that are designed to protect patients in nursing homes from injury include:
Ratio of patients to staff members
Medical chart protocols
Safety perimeters
Hiring protocols
Training and management adherence
While there are inspections performed by government agencies on nursing homes to identify poor adherence to safety standards for patients, these may only happen once or less per year. This can allow for some nursing home facilities to slip in their responsibilities in adhering to these standards and patient injuries can occur.
Safety Precautions to Prevent Falls
One of the main causes of injury and death in nursing homes is falls. The CDC estimates that 50-75% of residents in nursing homes fall each year, with about 1,800 patients dying each year from falls that occurred in nursing homes. Most residents in nursing homes are elderly and frail – a fall can easily fracture bones or cause a serious head injury. Due to the high number of falls and the risk of injury to these patients, fall prevention is a key factor in preventing nursing home injuries.
Falls in nursing homes occur for a variety of reasons. Some of the main contributors to the high number of injuries from nursing home falls include:
Lack of assistance for individuals with mobility issues. Patients that need assistance getting out of bed or into their wheelchairs are often those that fall. Lack of nursing staff to help those with mobility issues can lead to fall injuries.
Safety hazards. Nursing homes should be carefully monitored for safety or tripping hazards. Poor lighting, loose flooring or wet floors can all be factors in creating fall hazards.
Medication side effects. Nursing home staff needs to understand the possible side effects of a patient’s medications, especially those that can make him dizzy or lose his balance. Those residents on these types of medications need assistance to prevent falls.
Poor physical condition. Patients need exercise and proper nutrition to maintain their physical stamina. Weak muscles, frail bones and poor balance can contribute to falls and injuries.
Lack of support or safety equipment. Patients need access to walkers, canes and wheelchairs that will help prevent fall injuries. In addition, items like non-slip footwear should be used to prevent slips and falls.
While not all falls can be prevented, many can. While elderly people do have the highest rate of falls, those who live in the community versus in nursing homes have half the number of fall injuries of nursing home residents. Facilities that take fall prevention seriously and adhere to the safety precaution protocols can greatly reduce the chance of injury from falls for their patients.
Prevention of Other Nursing Home Injuries
Medical management is the other main concern for prevention of nursing home injuries. This encompasses a wide variety of possible injuries, from bed sores and wrong medication to poor nutrition and infections. Once again, following the guidelines that are available through state and federal agencies can prevent many of these types of injuries, which is why nursing homes are often liable when injuries occur.
Nursing Home Injury Claims & Lawsuits
When preventable injuries occur in a nursing home, the facility can be liable for medical costs and the pain caused to the patient. Nursing home injury claims and lawsuits are not only about compensation, but also important in the prevention of injuries to other patients in the same facilities. At Nelson & Hammons, we represent those that have been injured in nursing homes and seek compensation for them and their families, including wrongful death cases. If you have a loved one that has been injured in a Louisiana nursing home due to negligence, contact one of our offices for a free consultation to learn your legal options.
Schedule a Consultation]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463102023-10-02T09:09:29Z2018-06-19T03:36:56ZIt is an unfortunate fact that many children are born with birth defects, ranging from minor to serious. In the U.S., the CDC estimates 120,000 children are born each year with some type of birth defect, some of which can cause serious disability or even death. Some are preventable, others are not.
When a child is born with a birth defect, parents want to know the cause and if the defect could have been prevented. In some cases, the answers may lead to a medical error by a physician that was a contributing factor in their child’s birth defect. If this is the case, it may be possible to file a medical malpractice claim and then a lawsuit against the doctor responsible for causing or contributing to the birth defect.
Can Birth Defects be Caused by Doctor Error?
When it comes to birth defects and medical malpractice, the cases can be very complex. It can be difficult to prove that a medical error was the cause of a birth defect, but it is not impossible. First, it is important to understand the difference between the different types of birth defects and their causes.
Many birth defects are caused from genetics. These are not preventable or caused by anything that the parents or doctors did or did not do during pregnancy, as is often the case in Down’s syndrome. A single gene mutation can cause the defect, or there may be multiple genetic issues. There are also many birth defects where the cause is not known.
Another major factor impacting the possibility of birth defects is environment. This can include smoking, drinking alcohol or taking drugs during pregnancy. Environmental factors are preventable, which is why a doctor error that leads to a birth defect can mean liability on the part of the physician. An example is a doctor prescribing a medication for a woman who is pregnant when it is known the medication can be harmful to a fetus. If the child is born with a birth defect that is linked to the medication the mother was wrongfully prescribed by her doctor, that doctor could possibly be sued for medical malpractice.
Birth Defects Versus Birth Injuries
There is often some confusion between what is a birth defect and what is a birth injury. A child born with brain damage may have had the damage occur before he was born due to exposure to chemicals or from genetic issues, which is a birth defect. He also may have been injured during childbirth, causing the brain damage, which is a birth injury. Both have the same effect, and both could be caused by a physician’s error, but they need to be approached differently when pursuing a claim against a doctor for medical malpractice.
A claim seeking compensation for a birth defects can be more easily defended by the doctor. Defense attorneys for the physician can argue that genetic factors could be to blame for the birth defect, not medical error.
Birth injuries are more commonly caused by medical errors, as compared to birth defects. When it is known the injury occurred during delivery, exploring the evidence can reveal whether the injury was caused by medical error or if it could have been prevented. Medical malpractice for birth injuries often includes not responding quickly when the fetus shows signs of distress or causing damage to the infant during an assisted delivery.
Should You Pursue a Medical Malpractice Claim for a Birth Defect or Injury?
If you feel your child’s birth defect or injury was caused by your doctor or the delivery team, you have the right to explore legal options. Birth defects and injuries require extensive medical care and can impact the quality of life for your child. If there is evidence that the defect or injury could have been prevented by your doctor or was caused by medical negligence, you could receive compensation that will help you get the best care for your child. This outcome can alleviate some of the financial burden and allow you to focus on finding the right care that will give your child the best life.
Louisiana Birth Defect Attorneys
When it comes to medical malpractice claims and lawsuits, you can trust our team at Nelson & Hammons. We have been serving the people in our communities for decades when they have been injured due to a medical error. If your child was born with a birth defect or birth injury that you believe was caused by medical malpractice, let our team help you discover whether you should pursue a medical malpractice claim for compensation. Contact our offices in Shreveport or Lafayette to schedule a consultation to discuss your case.
Schedule a Consultation]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463042023-10-02T06:59:22Z2018-06-12T03:36:56ZIt can be heartbreaking to find out your loved one has been injured, especially when you sought professional care for his health and welfare.
For the elderly, this professional care often comes from nursing homes which are given the responsibility of providing care and protection for their patients. If your loved one is injured through carelessness or neglect in a nursing home, you may have a situation that should be investigated.
Types of Injuries in Nursing Homes
When you entrust a nursing home to care for your loved one, you have expectations that he will be supervised and receive the care he needs. Unfortunately, this does not always occur and the patients in these facilities are the ones who suffer. Those who need 24-hour care depend on those that work in nursing homes to see that they get their nourishment, medical care, safety and personal needs met.
When a facility is understaffed or has negligent workers, these needs can be ignored, and a patient can be injured. Some of the common nursing home injuries caused by negligence include:
Slips and fall resulting in an injury
Bedsores
Infections or sepsis
Malnutrition or dehydration
Asphyxiation
Exposure
Medication errors
Nursing home injuries can be caused when a patient falls due to not having the right equipment or support from staff. They can occur when medical or general health care is not provided. Even poor bedding can lead to injuries if the patient is unable to turn over or is stuck, causing asphyxiation and even death.
Steps to Take If a Nursing Home Injury Occurs
If you are alerted that your loved one has been injured in a nursing home, or worse, notice they have been injured when you visit without anyone alerting you to the issue, there are actions you should take. While some injuries can occur that are not due to negligence, it is a red flag that someone is injured when under 24-hour care in a nursing home.
First, ask your loved one what happened. Get an account of what occurred if possible, both from him and from the staff at the facility. Depending on the health and well-being of your loved one, he may not be able to tell you what happened. If your loved one indicates that it was a true accident, talk to the facility about options for prevention in the future. However, if negligence may have been involved, continue with the following steps:
Look for other care options. When you believe your loved one is in danger of injury or negligence at his current nursing home, you may need to find other care options. You do not want to jeopardize his health by leaving him in an unsafe environment.
Contact a nursing home injury lawyer. When the nursing home injury to your loved one was caused by what you believe was medical negligence, you need legal assistance. Contact a nursing home injury attorney to explore your options. You and your loved one may have a valid medical malpractice claim that may be pursued to seek compensation.
Who Is at Fault for Nursing Home Injuries?
When a patient is injured due to negligence in nursing homes, it can be difficult to uncover who is at fault. Nurses and caregivers are responsible for the care and well-being of their patients, as are the physicians and facility managers. Ultimately, the nursing home is responsible for the actions of their employees – it is their responsibility to hire experienced, trained professionals and to provide adequate staff to care for the number of patients in their facility. They also need to provide the right equipment and remove safety hazards to prevent injury to their patients.
Nursing Home Injury Lawyers in Louisiana
Do you want to investigate a potential medical malpractice claim for a loved one who has been injured in a Louisiana nursing home? Contact our team at Nelson & Hammons to explore your options for receiving compensation for a nursing home injury – we offer free consultations to discuss your case at our Lafayette or Shreveport offices.
Schedule a Consultation]]>On Behalf of Nelson & Hammons, Attorneys At Lawhttps://www.nelsonhammons.com/?p=463032023-10-02T08:03:44Z2018-06-05T03:36:51ZDelivering a child can be one of the most impactful moments of your life. Even with the pain and discomfort that accompanies childbirth, it remains a beautiful and exciting event.
While every pregnancy and delivery come with some risks for the expecting mother and child, many of these can be mitigated by an experienced medical team. Unfortunately, in some cases medical mistakes are made that can affect the health of the child, causing a birth injury.
Birth injuries can occur for a variety of reasons. Many cannot be prevented – the child can become lodged in the birth canal or other difficulties can happen that cut off the oxygen supply to the infant. However, there are instances when the birth injury is directly caused by a mistake made by the delivery team. When this is the case, you may need to hire a birth injury attorney to fight for you and your child’s rights for compensation to pay for medical expenses and other costs associated with the injury.
If a child is injured during the birthing process, he can have a lifetime of medical issues and limitations caused by their injury. Some common issues include Erb’s Palsy, cerebral palsy and different types of brain damage and learning disabilities. If the injury was preventable and caused directly by a mistake made by the medical delivery team, this can be a case of medical malpractice. Here a five indications and reasons to hire a birth injury attorney if your child was harmed during childbirth.
Delayed Response to Fetus Distress
One of the reasons birth injuries occur due to medical malpractice is delayed response to fetus distress. It is expected that the medical team will monitor the fetus to determine if there is distress and react if there are signs the baby is in trouble. If medical response is delayed, this can result in lack of oxygen or other factors that can affect the health of the child. For parents with a child born with brain damage or other injuries after a delayed response to fetus distress during delivery, it is worthwhile to consult with a birth injury lawyer.
Injuries from Delivery
If a birth injury is caused by an umbilical cord or the child becoming lodged in the birth canal during delivery, there are cases where this could be medical malpractice. While situations occur during delivery that cannot be prevented, it can be reasonably expected that the medical team should be monitoring the size and position of the child. If the delivery team did not prepare properly for a larger infant or the position of the umbilical cord that resulted in a birth injury, it is a good idea to hire a medical malpractice attorney to explore your case.
Injuries from Forceps or Vacuum Extractor
When a child is being removed from the birth canal, often forceps or a vacuum extractor can be used by the delivery team. This is often referred to as an assisted delivery and should be performed by a highly-trained medical professional. If these devices are used incorrectly, it can cause brain hemorrhaging or other issues that can impact the health of the child. This can lead to brain and head damage that can have long-term health effects, which can be a case for a birth injury attorney.
Delayed Cesarean Delivery
There are times when a fetus needs to be delivered by cesarean, or C-section, to avoid injury to the child or mother. It is the responsibility of the medical delivery team to carefully monitor the fetus during labor to determine whether it is in distress and may need to be delivered quickly through cesarean to avoid harm. Delaying a cesarean delivery when it is needed can result in lack of oxygen to the fetus, causing brain injuries or even death. When this delay should have been prevented and the child is injured, it may be a case of medical malpractice.
Your Child is Suffering from a Birth Injury
Even if you are not sure what went wrong during delivery, but your child has a birth trauma injury, it may be worth consulting a birth injury attorney. Often physicians and medical facilities will try to cover up their mistakes and will not admit there was a mistake that occurred. In many cases, it is the birth injury attorney that uncovers the evidence that there were mistakes made that lead to the birth injury.
Louisiana Birth Injury Attorneys
At Nelson & Hammons, we focus our practice on investigating and pursuing meritorious medical malpractice claims. If you believe your child was injured during childbirth due to medical negligence or malpractice, we are here to explore your options to receive compensation for medical expenses and care for your child. Contact us today to schedule a free consultation to discuss your case at either our Shreveport or Lafayette office.
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