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Child Injury Laws Blog

By Jonathan Rosenfeld

Is Medical Care Getting Safer? Or Are Fewer People Filing Claims?

By Jonathan Rosenfeld on Posted in Birth Injuries, Cerebral Palsy, Medical Malpractice

According to the National Practitioner Data Bank (NPDB) data, 2011 had the lowest amount of reported medical malpractice lawsuits since 1991. This information on the surface suggests that medical practice has improved, thus leading to fewer claims. Both consumer advocate groups and tort reform groups, usually on opposing sides, agree that the numbers are misleading.

Why Are The Numbers Lower?

Although it would be wonderful to think that these claims are lower due to increased health care standards, there are other reasons these numbers have decreased. Although no one can say for sure, there are a few theories on the reasons.

  • Less claims being filed. Due to litigation restrictions, it is thought that many malpractice claims are being dismissed or not filed at all. This means that victims of medical malpractice are paying for their own health care and treatments that were caused by physician errors.
  • Claims not reported. It is also possible that large institutions like hospitals suppress the doctors name or terminate the doctors involved in malpractice suits in an effort to hide the malpractice suits from their records. This would cause these suits to not get filed with the NPDB.

Protecting the Rights of Victims of Medical Negligence

Tort reform advocates would have you believe that malpractice suits are the cause of high medical care cost in the U.S. However, of the claims that were reported to the NPDB for 2011, 80% of them were for wrongful death or severe permanent injuries. On top of that, malpractice litigation costs for 2010 were only a fraction of 1% of the total national health care costs. Continuing to work for towards laws that restrict legal means of obtaining compensation for medical errors only hurts the people who have already been harmed.

Victims of medical malpractice need the option to have their case to be heard by a jury of their peers. Meritorious claims that are being dismissed due to litigation laws or restrictions are causing these people to be victimized twice, once by the doctor and again by legal system that is supposed to be there to protect them.

For example, a 36-year old woman who was recovering from a thyroid operation developed a hematoma in the recovery room and went into respiratory arrest, which caused the women not to be able to speak. The nurse in the room did not immediately call a doctor when the women could not speak. Although the woman was eventually resuscitated, it was delayed long enough that the lack of oxygen caused permanent brain damage. Although this case seems fairly straightforward as a case of a grievous medical error, the case was dismissed.

It is important for victims to have a way to get the medical treatments and compensation needed to care for harm done at the hands of physicians. Only by having the opportunity to bring the facts into a court of law and plead their case can victims get the vindication they deserve.

Experienced Medical Malpractice Attorneys

In an era where meritorious medical negligence cases are commonly overlooked by both decision makers and jurors, it is essential to have a battle-tested advocate working on your behalf. Rosenfeld Injury Lawyers handles medical negligence cases involving all aspects of medical care. Our attorneys have achieved national recognition for their work on cases involving birth injuries and cerebral palsy. Put our team to work for you and your family.

http://www.fiercehealthcare.com/story/malpractice-payments-hit-record-low/2012-07-17

http://www.hgexperts.com/article.asp?id=5641

Difficulties In Prosecuting Child Abuse

By Jonathan Rosenfeld on Posted in Day Care Accidents, Foster Care Abuse, Sexual Abuse

It can be difficult providing proof to prosecute the perpetrator in court for the attorney representing the victim even though it may be apparent that the child has been abused. If the child is an infant, or worse, did not survive the abuse, there are often no witnesses to the crime that can testify. In those cases, the juries must rely on expert testimony and circumstantial evidence.

Partial Acquittal For Murder Of Corduray, Jr

In the case of 3-month old Corduray Scott, Jr., his death was only partially vindicated. His father, Corduray Scott Sr. received a life sentence for his horrific murder but was acquitted of the charge of killing his son with malice.

The jury has to take into consideration two opposing testimonies from doctors from the prosecution and the defense. The only witnesses to the crime were the defendant and his dead son. The infant has several broken ribs, a skull fracture, a lacerated liver and blood in his lungs that pointed to smothering. Despite the physical evidence, the jury still was unable to convict on the malice issue. Fortunately, they still did find the father guilty of murder, despite his pleas that it was an accident.

Prosecuting Child Care Providers for Abusive Acts on Their Watch

As hard as it may be to prove child abuse at the hands of a parent, it can be even more difficult with a care provider. There has be proof that injuries happened when the child was in their care and, unless it is an obvious case, it can be tricky at best.

Baby Hall did not even get the vindication that Corduray Jr. received. Her accused abuser has to be retried after the jury was deadlocked after 11 hours of deliberation. Teaira Michele Hall was 22-months old when she died in November of 2009. Although it is not disputed that she died from a head injury, the jury could not decide whether her babysitter, the accused Lawanda Concettes Tripp, was at fault. Although the baby died in her care, they could not decipher whether Tripp inflicted the injuries that caused her death. A new trial is scheduled to start in the fall of 2012.

Although it can be difficult to prosecute childcare providers, it is possible. The best advice is report any signs of abuse as soon as they happen and document any unusual behavior or physical signs of trauma. This is of little comfort to parents who have lost a child, but making sure an abuser is not able to hurt other children is important as well.

Attorneys Prosecuting Child Abuse Cases Involving Caregivers

As a parent suspecting the abuse of a child is a heartbreaking issue to confront. Determining how to handle the situation can be an especially difficult decision in light of the implications. Attorneys who are well versed in prosecuting situations involving physical and sexual abuse of children can help navigate these treacherous waters.  Rosenfeld Injury Lawyers is fully committed to providing the best possible legal representation for your circumstance and always seeks to to so with the utmost discretion.

http://chronicle.augusta.com/news/crime-courts/2012-08-18/court-cases-show-challenge-prosecuting-child-abuse?v=1345331786

http://newstimes.augusta.com/ccnt/2012-08-15/woman-to-be-retried-for-toddlers-death-after-hung-jury

Back-To-School Reminders From Chicago Personal Injury Lawyers: Pedestrian Safety

By Jonathan Rosenfeld on Posted in Motor Vehicle Accidents, Pedestrian Injury

If you are lucky enough to live close enough to your school to walk, you can avoid the traffic and have a nice walk with your child to school and then hear about their day on the way home. However, if for some reason you are not going to walk with them, you need to make sure they know the rules of being a safe pedestrian.

You can teach these rules to them during your walks to school so that when the time comes, they will always follow the rules when they are by themselves.

  • Sidewalks. Always walk on the sidewalk when one is available. If there is not a sidewalk, you should walk on the shoulder of the road, as far away from traffic as possible, facing traffic. Explain this is just the opposite of riding a bike, since bike riders need to ride with traffic.
  • Cross at intersections. Teach them early that you never cross the road when there is not a crosswalk or an intersection. This is not only a rule; it is an actual law in most places.
  • Left-right-left. All children should know to look left, then right, then left again before stepping off a curb to cross the road. Teach them early to be responsible for their own safety and not rely on stop signs and motorists to follow the rules.
  • Cross with an adult. If you are not there with them, children under 10 years of age should always be crossing the road with an adult. Preferably, they will be holding their hand.
  • Walk in groups. If your child is going to walk without you, it should be with a group, with an adult with them if at all possible. This is for their safety from motorists and also other people who may want to do them harm.
  • Teach them traffic signals. Show your children what the crosswalk signals mean, how the buttons work and when it is safe to cross. Remind them just because the signal says “walk” does not mean they should not do the left-right-left routine. Teach your child good habits by ALWAYS doing it with them before crossing.

With more children out on the sidewalks and streets, all adults need to be on the look out for kids running, playing and walking. In 2009, 13,000 children under 14-years of age were injured in pedestrian accidents. In school zones and residential areas, make sure to take extra precaution, watching for children who may excitedly run out into traffic.

At intersections take an extra moment to look all directions, whether there is a stop sign or not, to make sure no child is trying to cross. If we all do our part, children will be able to walk to and from school safely this year.

Pedestrian Accident Attorneys

Tragically, the negligence or inattention of drivers can quickly alter a child’s life when their car hits a child crossing the street. Pedestrian Accident Lawyers will investigate the circumstance behind every case to determine who the responsible parties are.  Following an investigation, attention can then be centered upon a child’s injuries. Rosenfeld Injury Lawyers has experience representing injured pedestrians and will not let any insurance company or defense attorney short change what a client is legally entitled to.

http://www.nhtsa.gov/Pedestrians

Back-To-School Reminder From A Personal Injury Lawyer: Bus Safety

By Jonathan Rosenfeld on Posted in Motor Vehicle Accidents, School Bus Accidents

It is that time again, when children in newly bought “school clothes” and backpacks clamber on to the school bus and head off to start another school year. Before they climb up the steps onto the bus, parents need to remind their kids of how to be safe while riding the bus and bus drivers need to be ready to keep them safe.

Getting On And Off The Bus

  • Board the bus one at a time. Children need to be patient and wait for the bus driver to give the ok for them to board. Once it is safe, each child should board one at a time.
  • Carry loose items in a bag. Make sure children keep all their items in their bag or backpack. Stopping to pick up dropped items can be hazardous. If they do drop an item getting on or off the bus, they should ask the bus driver for help retrieving it, especially if it goes under the bus or in front or behind it.
  • Obey the bus driver. Remind your children that the bus driver is in charge and has their safety in mind. They should be polite and obey all of the bus driver’s instructions. Once on the bus, children need to quickly find a seat, sit down and stay facing forward while the bus is moving.
  • Use handrails. Make sure your child knows they should use the handrails when getting on and off the bus. They also should be careful to tuck in loose strings and straps so they do not get caught in the door.
  • Crossing in front of the bus. Once the child is off the bus, if they need to cross, they should take five big steps from the front of the bus forward. Then they can turn and start to cross when the bus driver gives the signal. Once they get to the edge of the bus before walking across the street, they need to look both ways before crossing. Do not let them get into the habit of thinking that just because there is a stop sign that traffic will automatically come to a stop.

Bus Driver Responsibility

Bus drivers have precious cargo onboard and need to be both babysitter and driver at the same time. No one says the job is easy, but it is an important role. Making sure that drivers keep control of the students on their bus while still maintaining safe-driving procedures is critical.

  • Student management. Set strict expectations for your students. Let them know you are there to keep them safe but to do that, you need their cooperation.
  • Distractions. Children can and will be noisy. Focus on the job at hand, making sure that children are getting on and off the bus safely.
  • Follow safe driving procedures. Do not let the children distract you from driving safely. If needed, stop the bus and get the situation under control so you can drive with your attention on the road.

By parents and bus drivers both doing their part, all the children can get to school and home again safe this school year.

School Bus Accident Lawyers

Rosenfeld Injury Lawyers has experience litigating and resolving school bus accident cases on behalf of injured children. Our legal team evaluates every aspect of an incident to assure that every responsible party is held fully responsible.  If you have questions about your child’s injury give our office a call today and delegate some of your responsibility to a trusted advocate.

Resource:

http://www.nhtsa.gov/parents/parents-bus.html

Back-To-School Tips From A Personal Injury Attorney: Bicycle Safety

By Jonathan Rosenfeld on Posted in Bicycle Accidents, Motor Vehicle Accidents

If your children ride their bikes to school, it is time to remind them of some bicycle safety tips before they start another year. Riding a bike is great exercise and the first real freedom many children experience.

Make sure that they understand the responsibilities that come with this freedom so that they remain safe in their trips to and from school. It is also time for bus drivers and other motorists to remember more children will be on bicycles and to be on the look out.

Bicycle Safety Tips For Kids (And Parents)

  • Always wear a helmet. Over half a million bike accidents happen every year and 59% of all bicycle accidents happen to children 15 years or younger. Only 15% of children use their helmets regularly.  Start good riding habits by making sure your child wears a helmet every time they ride.
  • Know the rules of the road. Children should never be allowed to ride to school without first knowing and understanding the rules of the road. This means riding with them and making sure they are know the rules before they are allowed to go out by themselves.
  • Ride with traffic. If children are riding on the road, they need to make sure they are riding with traffic. A third of all bicycle accidents occur when riders ride against traffic. If they are not comfortable enough to do this, then they should not be riding on the road.

Watching For Children On Bicycles

With school starting, all motorists, especially bus drivers need to be on the look out for children riding bicycles. It is everyone’s responsibility to keep our children safe when they are out in the world.

  • Double check crosswalks. Before turning, make sure there are no children riding bicycles approaching the crosswalk in either direction. They may not be able to stop in time or see that you are turning.
  • Look closely at bus stops. Many children may ride their bikes to the bus stop to talk with their friends. Be careful pulling in to and leaving bus stops as there may be children riding bikes who are looking at their friends instead of the bus or car headed their way.
  • School zones. Anywhere near a school or school zone is likely to have children riding on bicycles. Keep a wary eye for these novice bike riders that may fall or cross without notice.

With effort from parents, bus drivers and motorists, children can ride safely to and from school and have a great source of exercise and fun for years to come.

Bicycle Accident Attorneys for Kids

All bicycle accident cases involving children are unique both due the how an injury will effect a child, but also because of the how the bicycle safety laws may apply to the situation.  Unlike bicycle injury cases involving adults, cases involving children can be convoluted due to the laws of comparative fault and if riding regulations are intended to apply to children.

Rosenfeld Injury Lawyers has experience with bicycle accident cases involving children.  Should the situation arise, our attorneys can evaluate your situation and advise you of your legal rights without any obligation on your part. Contact us today.

http://www.nhtsa.gov/Bicycles

http://www.helmets.org/stats.htm#cost

http://www.chicagobikeinjurylawyers.com/types-of-accident/bicycle-car-collisions/

Caregivers Must be on the Lookout for Signs of Shaken Baby Syndrome

By Jonathan Rosenfeld on Posted in Brain Injury (TBI), Day Care Accidents

The thought of someone abusing a child, especially an infant, is heartbreaking. Unfortunately, it happens every day. Shaken Baby Syndrome (SBS) is the number one killer of child abuse victims.

These children, most just infants, sustain these injuries at the hands of the very people who are supposed to take care of them: their parents and their caregivers.

What Is SBS?

Shaken Baby Syndrome is a form of traumatic brain injury that occurs when a child, most often an infant, is shaken violently, hit, or dropped. The majority of victims of SBS are infants less than 1-year old, when they are most vulnerable due to their neck muscles not being well developed.

The act of shaking causes their head to rotate at a high speed and their brain can move back and forth within the skull. This movement can cause bruising of the brain, swelling and hemorrhaging. If there is impact with a solid object, such as a mattress, wall or floor, the damage may be even worse.

Symptoms Of SBS

Unless there is impact, most victims of SBS do not have any outside signs of the abuse, making it all the more dangerous. A child may not have any bruising or bleeding on the outside, while inside their brain is bleeding and possibly causing irreparable damage. Some signs to look for that a child may have SBS are:

  • Unresponsiveness or unconsciousness
  • Breathing problems
  • Inability to be consoled; will not eat or stop crying
  • Vomiting
  • Convulsions or seizures

The long-term damage to victims of shaken baby syndrome can be devastating. Just like any traumatic brain injury, the damage can last a lifetime or even end their life. Some affects of SBS can be:

  • Death
  • Blindness
  • Cerebral Palsy
  • Mental or muscle dysfunction
  • Blindness
  • Spasticity or seizures

Reasons For Prevalence

Most SBS victims sustain their injuries from their caregivers due to frustration or exhaustion. Crying is a major factor in infant SBS, as infants 2-4 months of age are more prone to prolonged periods of crying. As frustrating as it may be, crying is a healthy, normal behavior that should be expected by anyone caring for an infant. Caregivers, who are under stress, either in their personal lives or on the job, are more likely to snap and take it out on the crying baby.

Anyone who is a caregiver of infants and children needs to understand how to handle frustration in a constructive manner. It never should be taken out on the child, whether it is hitting, shaking or verbal abuse. Learning how to read the signs that you are becoming frustrated or upset is the first step. Know when you need a break and or get away from the situation to stop any regrettable behavior.

The worst part of SBS is that it is never warranted and it is always preventable. The children who succumb to this abuse are only doing what comes naturally, making it even more tragic.

Lawyers for Shaken Baby Cases

If your child suffered injuries consistent with shaken baby syndrome while under the care of a child care facility, you may have legal rights which could enable you to provide for your child’s medical expenses for the remainder of his life. Further, if a health care provider failed to diagnose and intervene with respect to signs of shaken baby syndrome, you may similarly be have legal rights for their respective negligent acts. Rosenfeld Injury Lawyers knows the sensitive nature of these cases and works hard to provide for the child’s best interests in these delicate matters.

Shaken Baby Syndrome Resources:

http://www.cdc.gov/Concussion/pdf/SBS_Media_Guide_508_optimized-a.pdf

http://www.cdc.gov/concussion/HeadsUp/sbs.html

 

Ten Steps to Car Accident Claim Success

By Jonathan Rosenfeld on Posted in Motor Vehicle Accidents

There are many situations in life which are difficult to go through and easier not to think about. However, planning ahead for disastrous circumstances is a great way to mitigate any damage should the worst happen. The following guide on how to handle the scene of a car accident will help significantly towards a successful case should you find yourself considering a car accident claim. All of the following information will be useful to know should you find yourself at the scene of a car accident in the future. Many of the following points are still useful to know if you’ve been in a car accident in the past and are considering a car accident claim.

1. Keeping your cool at the scene of the accident

In the face of a serious car accident, just about the last thing you’ll want to do is stay calm. However, this is critical and knowing the critical nature of this step now will help you to remain composed in the event. Losing your temper with an offending driver can damage your car accident claim case and inhibit your acting effectively to help anybody who’s a sustained personal injury.

2. Call the emergency services immediately

If you managed to stay composed at the scene of the car accident, you’ll be much more effective in communicating with the emergency services operator. Make the call and avoid the temptation to help people who have suffered a personal injury first. Your priority should be to get the professionals on the way as soon as possible.

3. Involved parties information #1- Liscence plate numbers

License plate information will help the pre-court processes for the professional taking on your car accident claim. Make sure that you take note of the license plate numbers of all cars involved in the accident.

4. Involved parties information #2 – Insurance policy details

We often get calls from clients wanting to launch car accident claims who took down the insurance policy details only of the main driver involved in the accident. Make sure you get the insurance policy numbers of all involved vehicles to ensure a smooth process.

5. Evidence for the courts #1 – Eyewitness information

Make sure that you take a note of anybody who is willing to act as an eyewitness of the car accident. Swap phone numbers, email addresses and names with anyone who will be an eyewitness and always act gratefully. This is a very strong type of court evidence so they’re helping you out enormously.

6. Evidence for the courts #2 – Photographic evidence

A significant majority of mobile and tablet devices have cameras. Even if the camera on your mobile device is relatively basic, use it liberally to take many photos from many angles and distances of the car accident scene. Concentrate especially on damage to vehicles, skid marks on the roads and damage done to surrounding scenery.

7. Ensuring safe storage of information

It’s a commonly underused method of storage, but emailing photos and details to yourself is a very practical, free and secure way to store information such as this safely. Make sure you do this at the earliest available opportunity rather than delaying.

8. Government regulation of claims specialist

In many countries, a regulatory body is setup to go to in sure standards and legal trading of car accident claim and personal injury specialists. If you’re unsure about the credibility of the specialist you’ve found, check for the appropriate authorization for your country.

9. Use expert car accident claim and personal injury specialists.

Some general practitioners of law might consider taking on your car accident claim. However, using a personal injury specialist that deals specifically in this type of law will maximize the chances of success. Always going to a legal practitioner who specializes in the area of car accidents and personal injury.

10. Launching your car accident claim quickly

The longer you delay the launch of your car accident claim, the more fuzzy the day’s events can become in the heads of participants. Acting quickly maximizes the chances of a fair case in this respect and can make you appear more confident in your innocence and the third party’s guilt.

A Victims Guide after a Personal Injury Accident in California

By Jonathan Rosenfeld on Posted in Community News

Have you or someone you love fallen victim to an accident in Orange County? Did the accident lead to injuries that have resulted in medical bills or the loss of the ability to work? We certainly hope not, but in case this has happened and the accident is the result of someone else’s negligence, then you deserve just and fair compensation for the losses that you or your loved one have incurred. You may think that you can handle such a situation on your own, but in almost all cases you’ll be better off hiring the services of an Orange County personal injury attorney.

In many instances, you may have already been contacted by the insurance company representing the person or entity who was responsible for the accident. They may have offered you an amount of money to compensate for your losses, an amount that you may be tempted to take. Our advice is not to take the offer. Even if the insurance company admits that their client was responsible for the accident, the amount of money that they offer you in compensation is almost certainly less than you genuinely deserve. It is not in the interests of an insurance company to offer you a fair settlement. It is in their interests to keep the settlement as low as possible. Insurance companies don’t make money by paying large settlements. They make money by paying settlements that are as small as they can possibly make them.

An Orange County personal injury lawyer will help you correct this imbalance. He or she will negotiate with the wrongdoer’s insurance company for a better settlement and even, if absolutely necessary, take the case to court. The accident lawyer will tell you what your case is really worth and then they will work to obtain that settlement for you. A lawyer who is experienced in injury cases and in the details of California law will be able to negotiate with the insurance company to reach a settlement that is fair and equitable — and much better than the settlement that you were offered by the insurance company.

And don’t worry that an injury lawyer is going to cost you more than you can afford. No decent personal injury lawyer will ask for money up front (and, if they do, you should find a different lawyer).

Child Injury Laws Blog