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The worse thing that could happen during birth is having an infant suffer an injury and even death. Giving birth to a child is supposed to be a great experience that changes a person’s life for the better. When an infant is injured during birth by the medical professional’s negligence, the family of the infant can seek legal action against the physician that caused the harm.

No one deserves to be hurt by another person’s reckless or negligent acts, especially not an infant who just started living their life. Every year, there are about four million infants born in the United Stated, according to the Centers for Disease Control and Prevention. The sad part is that many of those infants will suffer a birth injury that will leave them permanently disabled.

The Miami Lawyers that specialize in birth medical malpractice cases are saddened by the many cases that they receive about birth mistakes that caused extensive damage. Percy Martinez and his associates represent the victims of birth injuries in Miami and do not rest until they have won. Below will be listed the most common birth malpractices that occur.

Which Birth Injuries Tend To Surface The Most?

Brachial Plexus(BP)

Brachial plexus is an injury that affects the arms, hands, shoulder, neck and spine. The bundle of nerves within those areas are affected. These damages can be severe and mild in nature. About 10% of brachial plexus cases result in permanent disability due to the severity of the injury. Brachial plexus can occur by a number of reasons. A physician may improperly use a forcep or vacuum, might place too much pressure on the baby’s shoulders, or the baby might become lodged in the mother’s pelvis and the physician is not trained to handle such situations.

Perinatal Asphyxia

Perinatal Asphyxia surfaces when there is a lack of oxygen to the baby. When a newborn or fetus receives insufficient blood flow and blood, it can cause perinatal asphyxia. Perinatal Asphyxia can cause seizures, comas, pale complexions, labored breathing, and shock. This condition could be cured on its own or it can leave an infant with permanent nerve damage.

Cerebral Palsy

Cerebral palsy is a disorder that affects the brain. The muscle tone, posture, and movement of an infant are affected. For the most part, cerebral palsy affects the infant’s brain before birth. Typically, the signs and symptoms will show during infancy or toddler years. Between two to three infants out of 1,000 will be born with cerebral palsy. There is currently no cure for it.

Shoulder Dystocia

Shoulder dystocia is quite rare. It occurs in about 1% of all births. It is when a baby’s shoulders become lodged in the mother’s pelvic bone. Certain signs and symptoms during pregnancy can be an indicator that a baby might experience shoulder dystocia. Shoulder dystocia can cause many injuries like brachial plexus, collarbone fractures, breathing complications, and even death. When a physician suspects that a baby might suffer shoulder dystocia, it is best for them to perform a C-section to avoid such complication.

Birth Medical Malpractice Lawyers in Miami

Birth injuries that are caused by a medical professional could be disastrous. Percy Martinez and his team have over 20 years in practice and still to this day, they serve victims of birth injuries caused by a negligent medical professional. Seeking legal aid after a birth malpractice can help the victim recover damages that were done to them.

Early discharge has been occurring in many cases; people are being discharged ahead of time. The main reason early discharge occurs is due to the financial benefit that it has for insurance companies and hospitals. While they are benefiting, it could be catastrophic for a patient, especially if they were not fully ready to be discharged in the first place. A patient could end up in the emergency room by getting more sick from the early discharge.

Is early discharge ever justified? The majority of people do not like to stay in the hospital. Patients want to be discharged as soon as possible. The saying “there’s no place like home” really applies when a person ends up in a hospital. Even though a person may want to leave early, a physician has to ensure that the patient is healthy enough and healing accordingly. Medical professionals need to make the right decisions. Patients are released for these reasons:

• The patient is displaying stable vital signs
• The patient has tested negative for infections
• The patient has been treated for their underlying problem
• The patient has a follow-up appointment
• The patient is able to care for themselves
• The patient has someone who will care for them

Usually, early discharge is acceptable when the patient has the above factors. The Orlando Medical malpractice lawyers serve those victims and their families.

What Does Early Discharge Become a Medical Malpractice?

Early discharge can be accepted when the patient is displaying certain factors. Early discharge becomes a medical malpractice when a patient is discharged and they were not ready to be let go. The patient ends up sicker or an infection develops as a result of the early discharge. The person will have to return to the hospital because their condition got worse. Some patients may even suffer catastrophic injuries or death.

If a physician releases a patient when they did not have stable vital signs, were not tested for infections, were not treated effectively, or were not given a follow-up appointment, early discharge in these instances can be considered a medical malpractice.

Premature Discharge Case Settlement

In Philidelphia,  a man was awarded $19 million after being discharged too early. His early discharge left him with permanent brain damage. The man was released from the hospital with no explanation as to why he was suffering from hypoglycemia and with no treatment plan. Two days after his release, he suffered severe episodes of hypoglycemia. The man now requires 24/7 assistance.

Serving Early Discharged Patients in Orlando

No one likes to stay in hospitals. Patients might want to be released early, but it is the physician’s duty to establish that the patient is healthy enough and not displaying signs of infection before releasing them. If a patient suffers further injury by an early discharge, the physician can be held accountable. The attorneys at Percy Martinez Law firm believe that every patient should be treated and cared for efficiently, no matter how long it takes. They bring justice for all of their clients and are determined to get them everything they merit.

In Arizona during 2015, there were 1,434 bicycle accidents in Arizona. In those accidents, 29 people were fatally injured and 1,276 bicyclists suffered injuries but survived. The vast majority of these accidents take place in clear weather conditions in broad daylight.

You may have seen bicyclists blocking street traffic or driving through lanes designed for automobile traffic and wondered if that is legal. Are they supposed to drive their bikes on the street with cars or on sidewalks?

Or, maybe a bicyclist caused an auto accident through reckless behavior in traffic. You may be wondering whether such an accident regards them as a pedestrian or a vehicle, when it comes to fault for the accident.

Bicycle Laws Are Varied and Can Be Confusing

Answers to the preceding questions lie in your individual state’s laws and local application of those state laws. The answers may even be more complicated than expected. These laws of bicycling can change quickly and require the knowledge of an experienced attorney in the jurisdiction where such an accident has taken place.

Bicycles are operated within an interesting area of the law, usually as a hybrid of pedestrian and automobile regulations. While it is not unusual to see a bicyclist riding their bike with pedestrians on the sidewalk, you would never see a car doing this without police being alerted to stop them. But then, you frequently see bicycles on the streets in traffic lanes, where pedestrians would never be without the same police stopping them.

Some states allow local jurisdictions to develop their own localized rules for bicycle riding and handling in traffic. This can confuse the subject of pedestrian versus vehicle even more, when individual localities within the same state operate under different rules.

As a general rule of thumb, most states and local communities consider bicycles a type of vehicle. This makes bicyclists subject to some, if not all, of their state’s traffic laws. In other words, bike riders must adhere to the rules of car drivers in these localities.

An example of such rules is a common state law that when bicycles are ridden in the street, the bike rider must observe all traffic control devices. This means the bicyclist must stop at stop signs and follow traffic lights of red, yellow and green.

A similar rule is that texting and riding a bike is penalized just as much as it is for texting and driving a car. Talking on a cell phone while driving a car in some states is illegal. The same may be true for riding a bike while talking on a cell phone. If anything, bicyclists are more vulnerable to their surroundings that car drivers, making these laws particularly important due to a bicyclist’s need to remain alert to his or her surroundings.

In some states, bicyclists must display a state-provided license plate on their bike for any road use. If they are caught riding their bike while intoxicated, they can be arrested on criminal charges just like a DUI or DWI driver operating a motor vehicle.

For bicyclists in some jurisdictions, they can be issued a traffic ticket, arrested and even penalized on their driver’s license for bicycle infractions. A driver in many places can lose their driver’s license if they ride their bicycle recklessly.

Other states have laws that only apply to bicyclists. In many jurisdictions, bike riders are required to ride as far on the right side of their traffic lane as possible when following the flow of traffic on roadways. Many states require use of specially marked bike lanes on streets and others require bicycle helmets.

It is rare for a bicycle operator to be considered a pedestrian under the law. They are more often considered a type of vehicle, but still not a motorized vehicle like a motorcycle. Bicyclists rarely are provided with absolute right-of-way for crosswalks, unlike pedestrians. In many places, riding your bike in a crosswalk will get you a ticket from police, because that is illegal.

Bicyclists are not immune from liability in accidents, whether those accidents are with other bikes, pedestrians or even automobiles. Pedestrians are not usually liable in motor vehicle accidents, although they can be in some circumstances.

Because laws vary so much from state to state and jurisdiction to jurisdiction, it is very important that you do not operate a bicycle without first getting to know your local laws.

When You Are a Victim in a Bicycle Accident

When you are a victim in an accident while riding a bike, or other type of accident involving a bicyclist, you will need to speak with an experienced, local bicycle accident attorney regarding your case. He or she will be able to clarify state and local laws for you, as to whether your case involves a bicyclist as a pedestrian, or a bicyclist that is liable under motor vehicle operation laws.

Anytime a bicycle accident occurs, it is important that you speak with a personal injury lawyer if you are not at fault. A personal injury lawyer will help you gain the compensation you need for your injuries, property damage or a loved one’s death. This compensation is designed to help you pay for medical expenses, lost income from the time of the accident and the future, property damage and other costs.

If you are convicted of drug possession in Los Angeles, one potential alternative to jail time is drug court. Drug court was established to help offenders end drug abuse and stay out of jail. Individuals who have successfully completed a drug program are less likely to return to drug abuse than those who were simply incarcerated. This makes drug court a favorable alternative for the court and for the defendant.

However, drug court is not a viable option for all alleged drug offenders. It is typically only available for nonviolent offenders who have been arrested on suspicion of drug possession or for being under the influence of drugs. That means offenders previously convicted of a felony, charged with a violent crime, or accused of selling or transporting drugs will not be able to seek drug court instead of jail time. There are cases, however, in which a drug crime defense attorney can argue that his or her client only sold drugs to support their own habit, and should therefore be included in the program.