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Archive for the ‘Birth Injuries’ Category

The Right Time to Settle

One often overlooked but vital factor in a personal injury claim is the strategic timing of when you accept a settlement offer from the insurance company.  Sometimes, the closer you get to a lawsuit and then a trial on the merits of a case, the more pressure there is for an insurance company to offer you higher settlement amounts.  On the other hand, if you are able to negotiate a successful settlement without the cost of litigation and a trial, you may take home more in real compensation at the end of the day.

Your course of medical treatment also impacts the strategic timing of offers.  An insurance company will never offer “pay-as-you-go” for your medical bills. Instead, it will want to write you one check, one time in exchange for a release from ever having to speak with you again. For that reason, sometimes injured people will settle with the insurance company too soon, only to discover later that completing their medical treatment will cost far more than anyone realized at first. Unfortunately, at that point their leverage with the insurance company is gone, because they have already signed away their rights.

If you have questions about whether or not it is the right decision to accept an offer to settle from an insurance company, contact an attorney. The personal injury attorneys at Zinda Law Group will be happy to speak with you in a free consultation to determine your rights.

Study Shows BPA Leads to Birth Defects and Miscarriages

BPA is a component that is commonly found in plastics and many consumer products, but a new study is discouraging pregnant women from using anything container the substance. What is BPA? It is a low-grade estrogen that has been found in plastic water bottles, aluminum cans, and even heat-activated cash registers. About 92.6 percent of all people over the age of 6 have had detectable BPA exposure. The chemical has been associated with obesity, cardiovascular disease, prostate cancer, and neurological disorders in the past. The U.S. Food and Drug Administration recently banned BPA from sippy cups and baby bottles, but it can still be found in other containers.

According to Fox News, the plastic additive supposedly messes with women’s reproductive systems. It can cause chromosome damage, birth defects, and miscarriages. The study was completed with professors from Washington State University and the University of California, Davis. The professors used Rhesus monkeys as test subjects and found that when the females were exposed to higher levels of BPA they gave birth to babies with Down syndrome or other birth defects. Sometimes, the monkeys had a miscarriage instead.

In the past, professors have studied the effects of BPA on worms and rodents. The tests have merited similar results, but many have argued that worms and rats have no similarities to humans. Because Rhesus monkeys have reproductive systems that are very similar to humans, the study hits a lot closer to home. If you have used a specific water bottle or item with BPA, and you give birth to a child with defects or miscarry, then you may want to talk to a personal injury lawyer. You may be able to sue the company that created the product that brought so much difficulty into your life. Talk to a personal injury lawyer today for more information!

Birth Injuries: Strangulation by Umbilical Cord

Every year, babies are hurt and harmed during their delivery. In fact, sources say that 27 out of every 1,000 births in the United States results in a birth injury. Almost all of these injuries are the delivery nurse or doctor’s fault. One of the most common situations which causes a birth injury occurs when a child is born with the umbilical cord wrapped around his or her neck. Because of this, the newborn can be strangled and choke to death only moments after emerging from the womb. One-third of all babies are born with the cord around their neck, and in almost all cases the baby is fine.

This is because the umbilical cord is covered with a thick protective coating known as Wharton’s Jelly. This prevents the baby from compressing the arteries and vein that run through the cord. In most cases, this will protect the baby from coming to any harm. However, the doctor must slip to cord over the baby’s head if it is wrapped around his or her neck when he or she is delivered. If he fails to do this, then delivering the baby could become a serious problem. Infants who survive strangulation at birth by the umbilical cord often have brain damage growing up because of the first moments that they spent without oxygen.

Sometimes, doctors need to cut the cord before the baby is delivered so that they can remove it from the child’s neck, and other times the baby comes so fast that this isn’t even necessary. If you delivered a child who was harmed because of umbilical cord strangulation, and the doctors or nurses could have prevented the accident through better care, then talk to a personal injury lawyer. You may have a right to seek medical malpractice compensation for your pain and the reduced quality of life of your child.

Birth Injuries and Cerebral Palsy Statistics

In the U.S., about 6 in every 1,000 babies will suffer from some form of birth trauma. Males are more likely to suffer injuries than females, and accidents are more likely to happen at non-profit hospitals. Also, newborns at large hospitals are more likely to incur birth injuries than newborns at smaller hospitals.

Cerebral palsy is one of the most common birth injuries. It causes speech impairment, partial paralysis and limited mobility, developmental problems, and difficulties with coordination. It is generally caused by inadequate oxygen to the brain or by a head trauma.

Situations in which this might occur are when the doctors or nurses fail to notice fetal distress or when they delay a Cesarean section too late. Other medical errors may include failure to diagnose or treat a unitary tract infection or placental infection in the mother or failure to act quickly or efficiently when the umbilical cord is wrapped around the baby's neck.

The average cost of treatment over the course of a lifetime for someone suffering from cerebral palsy is around $1 million.

Has your child suffered a birth injuryContact a Dallas Personal Injury Lawyer at Heselmeyer, Zinda Law Group to learn more about your rights to compensation.