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Bergen County Law Blog

Who is responsible for birth injuries?

When your child suffers injuries as a part of the birth process, you may have grounds to file an injury or medical malpractice claim. Of course, this depends on the circumstances that lead to the injuries. While parents aren't always able to avoid all birth defects or injuries, it is very possible that your baby's injury was avoidable and only occurred because of the negligence of some other party.

However, it is not always simple to determine who bears responsibility when the unthinkable happens and your infant suffers harm. To determine who is liable, it is first necessary to determine how the injury occurred. In some cases, an infant may be unavoidably injured while passing through the birth canal. It is not always feasible to mount medical malpractice claims after birth injuries occur.

Don't ignore abdominal pain after a car accident

After a car accident, it is always advisable to seek out a full medical examination from a doctor as soon as you can, even if the accident did not seem that serious. Car accidents are almost always more violent than we realize, and may leave you with injuries you do not feel at first, some of which are quite dangerous. Without receiving professional medical care soon after an accident, you may suffer great pain or may even die from a serious enough injury.

While not all delayed pain injuries are potentially deadly, those that cause pain in your abdomen may be. If you experience even a minor car accident and feel pain in your abdomen afterwards, you should stop what you are doing immediately and seek out emergency care.

When to include a hospital in your medical malpractice suit

After suffering injuries from medical malpractice, it is not always easy to determine who is liable for the harm and on the hook for compensating you fairly. In many cases, this may include the hospital where the injury occurred — but not always. Before you assume you can include the hospital in your claim, it is wise to carefully examine the relationship of the hospital to the doctor or other medical care provider that caused your injury. You'll also want to look into other ways that the hospital may hold liability due to negligence or other egregious actions.

Building a strong claim takes time, but you only have a limited amount of time to file your claim before the window to do so closes. If you have any grounds for a medical malpractice suit, you should examine the hospital's roll in the injury very carefully. Without taking special care to build your claim effectively, you may not receive the full compensation that you deserve, or may overlook vital protections to your rights throughout the process.

Do breast cancer testing guidelines hurt minorities?

A new report shows that breast cancer screening guidelines that doctors use to determine which women they should screen for cancer were created based on data from only white females. This bias might unintentionally create the delayed diagnosis of breast cancer in many minorities.

There are genetic and racial differences among patients that make some patients more susceptible to breast cancer than others. As such, the science used to create clinical guidelines must reflect these differences to provide the best kind of care for all patients.

Carefully consider who is liable in a truck accident

Experiencing a car accident involving a commercial truck can be an overwhelming experience, even when you are fortunate enough to survive without permanent or fatal injuries. While all car accidents present some potential complications to resolving an injury claim, truck accidents can prove more complicated than most.

In many cases, it is wise to begin building your claim at the scene of the accident itself, especially considering that much of the most valuable evidence you might use in your claim may soon get cleared away by the clean-up crew who comes to deal with the aftermath.

Cerebral palsy may be caused by a doctor’s negligence

Raising a child with cerebral palsy is a difficult journey for any parent, above and beyond what all parents face. Dealing with the issues of cerebral palsy can feel overwhelming to many parents, especially in the early months and years of the child's life.

If your child developed cerebral palsy at some point during your pregnancy, or possibly during the birth process itself, you may have grounds to pursue a medical malpractice claim. Such a claim allows parents to seek fair compensation to cover medical costs associated with cerebral palsy, as well as the ongoing needs of the child. An experienced medical malpractice attorney can help you examine the circumstances that led to your child's condition and create a strong strategy to seek a fair resolution that puts your child's needs first.

The safest way to fall

When you were a kid, you fell down all the time. It was no big deal. However, unless you've made a career as an Olympic athlete or a stunt double, you probably haven't had too much experience falling lately-and you're likely out of practice.

As a result, when you fall as an adult, you often do all of the wrong things-and you end up causing yourself more harm than necessary. Because you can't control every aspect of your environment, you're bound to slip or trip sooner or later. If you find yourself hurtling towards the ground, think fast and remember these tips to reduce your chance of injury:

Was your business contract breached?

When you agree to a contract, you expect the other party to hold up their end of the agreement and abide by the terms. This is a reasonable expectation, but as long as people have created contracts, they have also found ways to breach them, putting both parties in a difficult position.

If you believe that some other party breached a contract you agreed to, you need to assess the damages of that breach and the means you have available to enforce the contract or reach some alternative resolution. Depending on the nature of the dispute, this might be a simple matter, or may prove to be a protracted nightmare.

Make a plan for coping with a loved one's death

Losing a loved one suddenly is an extremely harrowing experience. If you are still reeling from a tragic death that was caused by an accident, there are a few things that you need to think about. Each of these is important enough on its own, but putting them together can help you to move forward with your life after such a derailing blow.

From dealing with the initial shock through deciding if a wrongful death lawsuit is something to pursue, you need to create a plan.

Watch for these common dangers on construction sites

It seems like every day there is another story in the news about an accident at a New Jersey construction site. In general, construction sites are dangerous for everyone, not just the men and women who work in the industry. For example, how many times have you walked through the city and found yourself surrounded by scaffolding due to the construction or renovations of a building? You have probably found yourself in this situation several time and, during those times, you may have been worried about something falling from the scaffolding. Furthermore, you may have even had a few close calls.

Falling objects are not the only dangers on and around construction sites. The following construction site hazards are some that construction workers and others face every day.

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