Posts Tagged ‘Personal Injury Lawyers’

Cerebral Palsy Birth Injury: Recognition and Treatment

Monday, March 29th, 2010

Cerebral Palsy Birth Injury 300x199 Cerebral Palsy Birth Injury: Recognition and TreatmentPassen Law Group’s Chicago personal injury lawyers continue our discussion of cerebral palsy in recognition of national Brain Injury Awareness month.  Today, we discuss cerebral palsy caused by medical negligence at birth.  If you suspect your child’s brain injury may have been caused unnecessary delays at birth or medical malpractice, call our cerebral palsy birth injury lawyers at (312) 527-4500 for a free consultation.

Whether cerebral palsy could have been prevented depends on the circumstances of each particular case.  In many cases, the answer is no, and children may develop cerebral palsy despite receiving the finest medical care.  In some cases, however, the exercise of proper medical care could have prevented cerebral palsy.  Although this is true regardless of whether the injury was suffered before, during, or after childbirth, cerebral palsy resulting from brain injury during childbirth, in particular, is often preventable.  There are literally thousands of cases of cerebral palsy that might have been prevented had doctors, hospitals, and other medical professionals followed the appropriate standard of medical care.  Only someone with the proper training and knowledge, such as our Chicago brain injury lawyers and the medical professionals with whom they work, can help determine whether a specific case of cerebral palsy could and should have been prevented, and whether your child is entitled to compensation for his or her injury.

Without discussing your case with an experienced medical practice lawyer, and having your child’s medical records reviewed by a top medical professional, it is impossible to know whether cerebral palsy acquired at birth should have been prevented.  As a general rule, however, if any of the following occurred during labor and delivery, there is an increased chance that your child’s brain injury may have been preventable, and may be the result of medical negligence:

  • Your baby was born through an emergency delivery, particularly if vacuum or forceps were used
  • Your baby was delivered through c-section, particularly an emergency c-section
  • Your newborn was in the NICU
  • Your newborn was placed on oxygen to help him breathe
  • Your newborn was transferred to another hospital, or a specialist was called in
  • Your baby developed hypoxia, anoxia or hypoxic-anoxic injury (HAI)
  • Your baby was given CPR shortly after he was born
  • Your newborn or young infant suffered seizures
  • Your child was given special testing after birth

Cerebral palsy can also be prevented when doctors and other medical providers properly recognize certain risk factors prior to delivery, and act accordingly.  If more than one of the following risk factor is present, medical professionals should exercise particular care.  These risk factors include:

  • Incompatible blood types between the mother and baby
  • A mother younger than 20 or older than 40
  • A father younger than 20
  • A first child
  • A child who is the fifth sibling or more
  • Certain types of infection in the mother early in her pregnancy
  • African-American parents
  • Twins
  • Premature birth
  • Low birth weight (less than 3 and a half pounds)
  • The presence of micro-organisms which attack the baby’s central nervous system

These risk factors and warning signs can provide a general idea of whether a brain injury acquired at birth was preventable.  But only a thorough analysis can allow you to know for sure.  If you would like to learn more about whether your child’s cerebral palsy was preventable, a leading Chicago birth injury attorney can help.  We consult with the leading medical professionals in the country, and conduct a legal and factual investigation to determine what claims you might have, and against which possible defendants.

How is Cerebral Palsy Treated?

The first step in treating cerebral palsy is a detailed assessment of the severity of the particular case.  Cerebral palsy is not progressive — meaning the condition does not get worse over time.  Consequently, extremely mild case of the brain injury can, in certain cases, be overcome.  In most cases, however, those living with more severe cases of cerebral palsy must learn to manage their condition with proper therapy and treatment.

Just as cerebral palsy manifests differently in each victim, each victim’s treatment program and plan must be tailored to his specific needs.  A child with cerebral palsy may be diagnosed, and treatment begun, anytime from infancy through the first or second year of life, although beginning treatment within the first few months of a child’s life is rare.

One important component of almost any treatment plan is physical therapy.  Physical therapy will be conducted both by a physical therapist and by an affected child’s parents, as instructed by the therapist.  Other types of treatment can include work with an occupational therapist, and a speech expert, either a therapist, a pathologist, or both.  Parents of a child with cerebral palsy should expect to commit a great deal of time and energy to participating in the treatment and various therapies of their child.  Additionally, the cost of these treatments, both in terms of the expense itself and the opportunity costs to the parents from diverting a large portion of their time to these issues, can be extensive and overwhelming.

Children with cerebral palsy may require medical care and treatment through adulthood.  These expenses can be astronomical when multiplied over the course of your child’s life expectancy.  Still, those hard financial expenses pale in comparison to the emotional toll expended by the parents and other family members of a child inflicted with a debilitating and permanent brain injury.

Passen Law Group’s group of skilled brain injury malpractice lawyers appreciate the immense responsibility we have to ensure our clients and their families are compensated for yesterday, today and tomorrow.  If you believe your child’s cerebral palsy may have been caused by the negligence of a doctor, hospital, or other medical professional, one of our brain injury attorneys can help you to find out.

For a free consultation with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Recent Truck Accident Highlights Winter Road Danger: Falling Ice

Monday, January 11th, 2010

truck accident falling ice Recent Truck Accident Highlights Winter Road Danger: Falling IceAn unfortunate accident last week highlights a winter driving danger being ignored: falling snow and ice off the tops of semi-tracker trailers.  To speak with a top Chicago truck accident attorney, call Passen Law Group at (312) 527-4500.

In Aurora, Peter Morano was severely injured when a large block of ice came off the top of a semi-tracker trailer as it was passing beneath an overpass.  According to news reports, the block of ice hit and shattered the windshield.  The driver’s nose was broken in several places, and the orbital bone of his left eye shattered.  Lacerations to his left iris may leave his vision permanently damaged.

While there is no data specifically related to how many serious motor vehicle accidents each winter are  specifically caused by ice falling off large trucks and other vehicles, there is plenty of data showing a spike in catastrophic car and truck accidents during the winter months due to weather-related factors.  f you have been seriously injured in a motor vehicle accident that you suspect was caused by the negligence or recklessness of another, contact an experienced car accident lawyer at Passen Law Group.

The accident described above raises a number of questions that have no simple answer.  For example, should the law require truckers to remove snow and ice from their vehicles prior to hitting the road?  The obvious answer is yes and, indeed, New Jersey passed such a law in October 2009.  To date, New Jersey is the only state to have passed such a law.

One problem is that such laws may run counter to current federal motor carrier safety regulations that prohibit drivers from climbing atop their rigs without proper safety equipment.  Such equipment is often only available at the terminal, if at all, and is impossible for truckers to bring with them on the road.

It stands to reason that if de-icing equipment exists for 747s, then snow and ice removal equipment exists for semi-tracker trailers.  Unlike the Federal Aviation Administration (FAA), which requires de-icing of aircraft, the Federal Motor Carrier Safety Administration (FMCA) does not require snow and ice to be removed from semis.  Thus, it is of little surprise that a survey conducted by the American Transportation Research Institute (ATRI) shows 54% of truckers “rarely or never” remove snow and ice from their rigs.

For now, New Jersey may stand as an example enacting, supporting and enforcing snow and ice removal laws in order to make roads safer for all.  Hopefully, for the sake of public safety on our nation’s roadways, other states, including Illinois, will follow.

If you have been seriously injured in a crash involving a car, truck, bus, motorcycle or other motor vehicle, contact Passen Law Group for Free Consultation with a Chicago personal injury lawyer at (312) 527-4500.

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The Need for Stringent Pilot Fatigue Rules

Thursday, December 10th, 2009

Pilot Fatigue Crashes The Need for Stringent Pilot Fatigue RulesThe Federal Aviation Administration (FAA) has come under fire for continuing to delay issuing new pilot fatigue rules. Pilot fatigue is a serious safety hazard and a known cause of catastrophic airplane crashes.  Indeed, federal data links pilot fatigue to 20 airplane accidents that resulted in 273 fatalities between 1989 and 2008.

Fatigue or exhaustion is technically defined as “a non-pathologic state resulting in a decreased ability to maintain function or workload due to mental or physical stress.”  For pilots, studies have demonstrated two specific factors that contribute to fatigue:  sleep loss and circadian rhythm disruption.

Pilots require a certain amount of sleep “for maximal waking performance and alertness.”  Circadian rhythm disruption, or disruption of a person’s “internal body clock,” involves disruption to 24-hour biological processes, such as brain wave activity and cell regeneration, that are regulated by a person’s circadian rhythm.

Airline accidents are often catastrophic events, causing serious injury and death.  Numerous factors can contribute to airline accidents, including pilot error, airline negligence or product defects.  Therefore, it is important to contact an experienced airline crash lawyer well versed in federal aviation regulations, insurance and airline carriers.

According to current federal regulations, pilots on domestic flights must have at least eight hours of rest in any 24-hour period.  For international flights, the FAA requires airlines carriers to establish rest periods and provide “adequate sleeping facilities outside of the cockpit for in-flight rest.”

Previous attempts to modify the rules to fully address pilot fatigue have failed.  Political infighting among the aviation industry, namely large commercial airlines, smaller operators and cargo carriers and the Airline Pilots Association (ALPA) have prevented rule changes.

Aviation accidents are not limited to commercial jets or small carriers; they may involve helicopters, medivacs and gliders.  Many factors, including pilot error, can contribute to an airplane accident.  If you or a loved one has been seriously injured as a result of an aviation accident, contact the Chicago personal injury lawyers of Passen Law about your case.  Call us at (312) 527-4500 for a Free Consultation.

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