The difference between negligence and medical malpractice

The difference between negligence and medical malpractice

Needing medical attention can be a frightening experience. Though most Kentucky residents expect their conditions to get better after seeing medical professionals, they may find themselves feeling worse off than before. Unfortunately, some doctors, nurses or other medical staff members could act negligently and cause significant issues for patients, which could lead to medical malpractice claims.

It is important to remember that negligence does not always equal malpractice. It can certainly contribute to malpractice, but typically, in order for malpractice to have occurred, the medical professional would have had to violate the standard of care. The standard of care refers to acceptable medical treatment that reasonable health care professionals would take in similar situations. If a doctor’s or other medical professional’s negligence resulted in unacceptable treatment or otherwise violated the standard of care, malpractice may have occurred.

It is also up to the patient to prove that injury or other harm resulted from the negligence. In some cases, a doctor can do everything possible to properly treat a patient, and negative outcomes could still result. If the negative aspects did not occur as a result of negligence, a malpractice claim would not be warranted. Similarly, if a medical professional acted negligently, but a patient suffered no ill effects, a claim likely does not suit the situation. However, if an injury occurred that would not have otherwise had the doctor not been negligent, there may be cause for a claim.

Certainly, knowing the difference between negligence and medical malpractice can be difficult. If Kentucky patients believe that negligence contributed to a violation of the standard of care and serious injuries or other negative outcomes resulted, it may be worthwhile to gain more information on malpractice claims. Discussing specific scenarios with experienced attorneys could help concerned parties determine whether filing a claim could suit their circumstances.

Some birth injuries may lead to cerebral palsy

Some birth injuries may lead to cerebral palsy

When most people think of cerebral palsy, they think of its congenital form. This refers to improper development prior to labor. There is, however, a small subset of patients whose symptoms manifest as a result of birth injuries and complications during delivery.

Past studies have indicated that about 5 to 10% of cerebral palsy babies were not at risk prior to birth. It is not uncommon for unexpected problems to occur at delivery, but mishandling from the hospital staff can exacerbate the issue, leading to this incurable disease.

How does cerebral palsy affect a child?

Cerebral palsy impacts a person’s muscle coordination. You may notice delays in your child’s ability to sit up, support his or her weight or walk. These difficulties can also extend to eating and speech development, as well as fine motor skills and dexterity issues.

Symptoms may be more severe in some children. Depending on the cause of the disease, the child may experience even more damaging conditions, such as blindness, deafness or other disabilities.

As of now, there is no cure for cerebral palsy. One mistake at the hospital during delivery can completely change both yours and your son or daughter’s life forever.

How do birth injuries cause it?

Because cerebral palsy is a neurological disease, it is often the result of oxygen deprivation. A compromised air supply during delivery can create a tremendous risk of developing the disease.

Though a decrease in oxygen may be an unavoidable circumstance, it is the responsibility of the doctors and nurses to quickly identify the problem and resolve it before there is permanent damage. Poor communication between staff or a failure to act fast can mean devastating consequences for your child.

If your baby experiences any early symptoms of cerebral palsy, you should alert your physician immediately. You may be able to trace back the source of the problem to the delivery and take action against the negligent staff.

Wrongful death: Can the police be sued?

Wrongful death: Can the police be sued?

Summer is in full swing, and as the nation takes part in celebrating Independence Day, many Kentucky residents call to mind the reasons they are happy and proud to be citizens of this great country. While certainly, there is much to celebrate, there is also reason to stay informed about ever-changing laws across the 50 states. Kentucky recently saw a new ruling that could affect victims of wrongful death.

Sometimes, when police are in pursuit of a suspect, the chase takes place on a public roadway. There are actually strict guidelines police must adhere to for such a chase to be appropriate. A recent story changed Kentucky state law.

A police officer was chasing a vehicle that contained a man suspected of drug crimes. The officer used lights, but no sirens, which was contrary to the rules for a chase like this, because innocent citizens were driving on the same road, completely unaware. The suspect’s vehicle crashed into another person’s car, killing the two people inside. It is estimated that each year, over 100 innocent people die under similar circumstances. A new measure passed into state law allows victims or their families to sue police on the grounds of wrongful death in these situations.

If someone has lost a loved one in Kentucky in such a tragic way, surviving representatives of a victim’s estate may have grounds to file a wrongful death lawsuit against the party or parties believed responsible. When an accident victim dies, outstanding medical bills, final expenses, insurance matters and other costly troubles typically fall upon the victim’s estate. In many cases, an experienced attorney can help a client bring the party that caused the death to justice in civil court, and collect documented monetary damages that are allowed by law.

Motor vehicle accident kills child in front of home

Motor vehicle accident kills child in front of home

Children love to be helpers. Completing small tasks like taking out the trash or folding laundry can help a child feel accomplished, and teaches a child to contribute to the household. Parents must do their best to supervise, because sometimes even the most menial tasks can put a child in danger, though most would never expect that a little chores could result in death from a motor vehicle accident.

Recently, a young Kentucky boy went outside to check the mailbox. His family’s mailbox was located along the road in his neighborhood, in view of his house. Tragically, the 8-year-old was struck by a car.

The driver of the car, identified as a male, sped away from the scene. Reportedly, he did not even stop to see if the boy was OK, and unfortunately, the boy was not. The child was pronounced dead as a result of injuries suffered in the crash.

Police were able to find the man that hit the child, and have charged him with several crimes, including reckless homicide. Police are hoping a mystery witness will come forward to provide more information, as there was apparently another driver that may have witnessed the crash. Though the man will have to face these charges in criminal court, this does little to comfort the family of the deceased child.

When a motor vehicle accident claims the life of a child, parents are understandably overwhelmed. Often, there is action that can be taken in a Kentucky court of law to ensure that the driver responsible for the death is held financially accountable. An experienced personal injury attorney can assist a client with this process, and help pursue recovery any monetary damages sustained. Such monetary awards can help cover medical bills, burial costs and other financial losses that may befall a grieving family.