June 30th, 2008
Let me tell you about a brain-damaged baby case I handled that started when a woman came to my office and told me about how she was in labor with her second child. She was admitted to the labor floor and apparently hooked up to a fetal monitor to evaluate the baby’s heart rate and the mother’s contraction patterns.
She was on the labor floor for hours with infrequent visits by a nurse and a resident doctor every so often. Mom told me that despite continued complaints of labor pain, her pleas to help went ignored. Nobody checked on her for more than an hour. When a nurse finally checked in on her, she noted abnormal fetal tracings and ran for the doctor. The doctor came in, examined the patient, reviewed the fetal monitoring strips and decided she needed an emergency cesarean section. All mom knew was that there was a problem with the baby.
At the time of birth, the baby had very low Apgars- the scores that are given to the baby to try and objectively asses the baby’s well-being at the time of birth. The doctors look at whether the baby is breathing at birth, whether he’s crying, moving his arms and legs. The color of his skin is evaluated, among other important factors that make up a baby’s “Apgar scores.”
Unfortunately for this mother, her child was deprived of oxygen, a condition known as hypoxia, which is a lack of oxygen, that led to brain damage. We claimed that the baby’s distress was visible on the fetal monitor tracing that went ignored, along with mom’s complaints. The doctor who was responsible for this patient initially claimed the patient didn’t need an emergency c-section, but then later changed his testimony and claimed it really was an emergency c-section because the baby was in distress.
Anoxia is a term doctors use to mean “no oxygen.”
Hypoxia is a term doctors use to mean “lack of oxygen.”
Either condition is extremely bad for the baby since our brains require oxygen to survive. If the baby’s brain is deprived of oxygen of a period of time, the baby can experience permanent and irreversible brain damage.
In our case, I was able to successfully resolve the case in favor of the mother and child. Obtaining appropriate compensation as a result of the failure to recognize fetal distress during delivery allowed mom to be able to support her disabled and brain-damaged child for the remainder of her life.
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. For more information, call him personally at 516-487-8207.
Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on New York Medical Malpractice & accident law.
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June 29th, 2008
A measure to preserve doctors’ fees also contains some useful reforms. COMMENT Discussion Policy Discussion Policy CLOSE Thursday, June 26, 2008; Page A18 CONGRESS is immersed in what has become an annual …
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June 28th, 2008
Mesothelioma is a very serious form of cancer which is cost by prolonged exposure to asbestos dust. It affects the lining surrounding the lungs, the heart, or the abdominal cavity and organs. While mesothelioma is a very rare form of cancer, it often takes 30 to 50 years for the cancer to progress to the point of noticeable symptoms, and since the symptoms are not unique to this disease, it is frequently not diagnosed until the cancer has passed beyond the early stages.
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June 27th, 2008
Let me tell you about a brain-damaged baby case I handled that started when a woman came to my office and told me about how she was in labor with her second child. She was admitted to the labor floor and apparently hooked up to a fetal monitor to evaluate the baby’s heart rate and the mother’s contraction patterns.
She was on the labor floor for hours with infrequent visits by a nurse and a resident doctor every so often. Mom told me that despite continued complaints of labor pain, her pleas to help went ignored. Nobody checked on her for more than an hour. When a nurse finally checked in on her, she noted abnormal fetal tracings and ran for the doctor. The doctor came in, examined the patient, reviewed the fetal monitoring strips and decided she needed an emergency cesarean section. All mom knew was that there was a problem with the baby.
At the time of birth, the baby had very low Apgars- the scores that are given to the baby to try and objectively asses the baby’s well-being at the time of birth. The doctors look at whether the baby is breathing at birth, whether he’s crying, moving his arms and legs. The color of his skin is evaluated, among other important factors that make up a baby’s “Apgar scores.”
Unfortunately for this mother, her child was deprived of oxygen, a condition known as hypoxia, which is a lack of oxygen, that led to brain damage. We claimed that the baby’s distress was visible on the fetal monitor tracing that went ignored, along with mom’s complaints. The doctor who was responsible for this patient initially claimed the patient didn’t need an emergency c-section, but then later changed his testimony and claimed it really was an emergency c-section because the baby was in distress.
Anoxia is a term doctors use to mean “no oxygen.”
Hypoxia is a term doctors use to mean “lack of oxygen.”
Either condition is extremely bad for the baby since our brains require oxygen to survive. If the baby’s brain is deprived of oxygen of a period of time, the baby can experience permanent and irreversible brain damage.
In our case, I was able to successfully resolve the case in favor of the mother and child. Obtaining appropriate compensation as a result of the failure to recognize fetal distress during delivery allowed mom to be able to support her disabled and brain-damaged child for the remainder of her life.
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. For more information, call him personally at 516-487-8207.
Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on New York Medical Malpractice & accident law.
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June 26th, 2008
The 21st century has many problems, but a shortage of information is not one of them.
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June 25th, 2008
Greetings! I write again from the home of The Florida D.U.I. lawyer. Today the topic is actual physical control (APC) in a D.U.I. case. What is actual physical control you ask? Actually, some judges have become confused over this issue!
So you thought that you could only be convicted of D.U.I. if you were actually over .08 or impaired while actually driving an automobile? Surprise, surprise you are wrong. In the State of Florida a driver maybe convicted of D.U.I. if driving or in actual physical control of a vehicle.
How does actually physical control arise? In a variety of different ways! As your Florida D.U.I. Lawyer I have encountered cases where the officer arrives at the scene and discovers the defendant asleep behind the wheel, either with the engine running or not. I have had cases where the defendant had passed out while waiting on the traffic light to change. You see actual physical control is where the defendant has the ability to readily exercise control over the vehicle. Like asleep behind the wheel and the car keys are in the ignition. Or, lying down asleep in the front seat and the keys are in the ignition.
I recently had a case in Palm Beach County, Florida where the defendant had actually been seen in a bar by the cop. The cop had actually engaged her in a conversation that would later be described as incoherent. A cab was called for her and she refused to take it. The cop had went to his car and waited for her to exit which she obligingly did. As she walked across the parking lot to her car the cop noticed she was staggering. Pulling out her car keys she opened the door and sat down sideways in the car with her feet on the payment. She did not insert her keys in the ignition. The cop walked up and arrested her. The intake division of the State Attorneys’ Office of the 15th Circuit (that’s Palm Beach County, Florida) filed a “no-file”, which essentially means there will not be a prosecution. However, as far as the Bureau of Administrative reviews was concerned she was in actual physical control and up held her license suspension. Oh well, better to have a license suspension than be prosecuted for a D.U.I. or worse yet to have a D.U.I. conviction.
If the car itself is inoperable and the defendant had not operated the car prior to it’s becoming inoperable then this may be a valid defense to the D.U.I. charge. Even if the defendant has pulled the car off of the roadway, turned off the automobile and then proceeded to sleep it off, he maybe arrested and prosecuted for D.U.I, if a cop stumbles upon him. The issue of actual physical control is one to be decided by a jury and not by a judge unless it is a non-jury trial.
Should you wish to discuss your Palm Beach County, Florida arrest or life, the universe and anything you may reach me at 561-616-8700. Please feel free to visit my blog at http://floridaduidefense.blogspot.com for more informative articles or my website at www.floridaduilawyer.com.
Copyright 2008, by Timothy Foster. All rights reserved.
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June 24th, 2008
A man had been mugged and suffered a fracture of the bone surrounding his eye. One of the muscles that controls movement of the eye got slightly stuck in the fractured bone. The result was that he couldn’t move his eye past a certain point. Since he could only move his eye up to a certain point, he had some double vision. However, if he closed one eye, he had perfect vision in the eye that had limited movement.
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June 23rd, 2008
Federal auditors to check mental health service records - Raleigh News & Observer By Lynn Bonner Federal auditors are in the state this month to review records at about 200 mental health companies as part of an …
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June 22nd, 2008
The United States federal government has sponsored several social insurance programs that give benefits to qualified citizens. These programs are designed all for giving benefits and protection to well-qualified sectors of society. The classic example of these programs includes the Social Security, Medicare, the Pension Benefit Guaranty Corporation (PBGC) program, the railroad retirement program and the state-sponsored unemployment insurance programs.
This article will mean to explain in a comprehensible manner all about medical insurance (Medicare). Specifically the article will tackle basic points regarding the coverage of this social insurance program of the federal government including the value of Attorney representation and guidance in matters of claims, coverage and complaints.
All about Medical Insurance Program (Medicare)
I. History
Medicare is a social insurance program administered by the United States government that insures indigent recipients. The Medicare as well as its companion program Medicaid is signed into law by President Lyndon Johnson as amendments to Social Security legislations. Later on, up until now, this program had undergone series of changes and overhauling. The changes relates to the features, coverage and exact definition of covered citizens who may come to avail of this social benefit.
Originally, Medicare program has two parts, that is: Part A (Hospital Insurance), and Part B (Medical Insurance). Later on, with the changes, Medicare Part C and Part D were introduced extending more benefits and comprehensive health insurance protection to the aged, disabled, and those with end-stage kidney disease.
II. Eligibility
Medicare is a Health Insurance Program for:
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June 21st, 2008
Have you experienced negative side effects from the Ortho Evra birth control patch? Are you suffering from any of the most common problems, including blood clotting and heart issues? Then you may be eligible for a large settlement in a lawsuit against the Ortho Evra company.
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