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Ohio Personal Injury Law Blog

Are cerebral palsy and brachial palsy the same thing?

The answer to the above-posed headline question in today’s blog post is a decided “no.” In fact, these common forms of birth injury owe to quite different causes.

Although that is the case, online research discussing cerebral palsy and brachial palsy (often referred to as Erb’s palsy) makes clear that a precipitating factor in the onset of both these debilitating conditions is often one or more acts of medical malpractice that occur prior to, during or following a baby’s delivery.

In other words: Both cerebral and brachial palsy are preventable birth outcomes in many instances that, absent intervening medical negligence, do not occur.

Defensive medicine, Part 2: Tort reform doesn't curb practice

Here is a change that legislators’ in three states made over the past decade to up the ante on plaintiffs trying to get their medical malpractice claims before a judge or jury: imposition of a proof requirement of so-called “gross” negligence on the part of a doctor that arguably resulted in injury, at least in the context of medical care delivered in an emergency situation.

Proving gross negligence is a flatly tough proposition for would-be litigants, given its requirement for a plaintiff to show that a doctor or other emergency care provider proceeded with care delivery despite basically knowing that it was improper and in reckless disregard of potentially dire results.

Does malpractice tort reform materially reduce medical costs?

Proponents of tort reform in the medical industry in Ohio and nationally have long argued that doctors’ fear of malpractice litigation is a prime catalyst in driving up medical care costs.

Thus, they have consistently argued for plaintiffs’ increasingly limited access to judicial remedies after they have been injured by substandard medical care. One central argument advanced by tort reform advocates is that the setting of a higher bar for plaintiff access to court will essentially de-stress doctors and result in less practice of so-called “defensive medicine.”

Report: far too many medication errors involving kids nationally

It is certainly understandable, and instantly so, why medication mistakes are potentially far more serious when they are visited upon children as opposed to adults.

Kids are, well, kids. Their bodies are comparatively small and still growing. Their brains are immature and developing. Their immune systems are still working to develop resistance against a wide spectrum of diseases and other illnesses.

Given that age-specific reality, it is immediately concerning to note the central result of a report focusing on medical errors inflicted on children.

Can only doctors be sued for medical malpractice?

When a patient suffers harm owing to a substandard delivery of medical care, it can sometimes be difficult to accurately parcel out blame and liability among third parties whose acts or omissions centrally contributed to that harm.

What if it seems clear that one or more medical professionals in addition to an attending physician were responsible for shoddy medical care and an attendant injury?

Conversely, what if evidence exists pointing to hospital administrators' knowledge that a doctor performing a certain procedure and harming a patient in the process was never duly trained or credentialed to perform that service?

Further still, what if a pharmaceutical company did not adequately warn a doctor of potentially adverse side effects associated with a prescribed drug that subsequently injures or takes the life of a patient?

Traumatic brain injury: sources, repercussions and legal remedies

One thing that has been centrally learned over the past few years regarding head trauma is that its significance should never be minimized.

With a seemingly endless number of head injury-related stories about returning combat veterans and sports participants suffering from concussions, the subject of traumatic brain injury (TBI) has assumed front-page status across the United States.

And, rightfully, that should be the case. According to an online overview of brain injuries, about 1.7 million TBI incidents are reported nationally each year. Some of those are milder forms of brain injury, while others are catastrophic and ultimately deadly.

Misdiagnosis: stubbornly persistent, yes, but remediable?

Get them while they’re young.

Although youth is certainly not a universal panacea in areas that need improvement, it can sure be a powerful catalyst for helping individuals learn new things, retain important concepts and develop entrenched habits that are salutary when practiced.

That is generally true regarding the notion of starting early rather than late in any field of endeavor, whether it is music, languages, scientific inquiry and application or virtually anything else.

What is the medical standard of care, and why does it matter?

We chronicled a number of reasons why an injured victim of medical malpractice in Ohio or anywhere else in the country would want to enlist the proven services of a medical negligence attorney in our immediately preceding blog post (please see our October 3 entry).

Obviously, any person harmed by preventable medical error has a right to legal recompense through payment of meaningful money damages. Although money alone might hardly seem a viable remedy for medical harm in some instances, it is what the law allows. Importantly, too, it often does provide victims and their families with funds vitally needed for medical care and to compensate for lost income and pain and suffering.

We noted much of that in our above-cited post. What we add today is a needed reference to the medical standard of care, which operates as a threshold reality in the medical industry and a barometer for gauging whether a particular medical act or omission qualifies as a mistake for which a plaintiff can seek damages.

Victims of medical malpractice have legal options

Suffering an injury or illness at the hands of someone who has been professionally trained to help you can be devastating. You can be overwhelmed with the pain, anxiety and fear of being the victim of medical malpractice, and it is only natural to feel that the negligent or reckless parties should be held accountable.

This is where the legal support of experienced attorneys can prove to be vital. Seeking legal recourse for a medical, surgical or medication error is something that every victim of malpractice has the right to explore.

Nursing homes targeted in lawsuits alleging medication errors

Our blog post from earlier this week visited the subject of medication error, noting the sheer magnitude of this problem in medical facilities in Ohio and across the United States.

We noted in that post that, “The spectrum of medical malpractice acts or omissions is truly broad, encompassing a wide universe of harms.”

Indeed, that is true, with preventable medical mistakes occurring across a broad landscape. Errors occur during surgery. Birth injuries devastate families. Hospital-acquired infections are commonplace. Medical misdiagnosis plagues high numbers of patients.