2025-03-31T13:35:57Z https://www.cuttingedgejusticeblog.com/feed/atom/ WordPress /wp-content/uploads/sites/1503847/2023/11/AG-flavicon-75x75.png On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46261 2024-10-04T10:59:14Z 2024-10-04T10:59:14Z

What do family members need to prevail in court? Holding a healthcare professional or facility accountable for a tragedy is complex. The process often begins with securing an outside medical review. Other healthcare professionals to affirm the assertion that mistakes or failures on the part of medical professionals are what caused someone to die. After a review of medical records and best practices establishes that malpractice may have occurred, it may then be necessary to pursue litigation in the civil courts. Families have to act quickly, as the state imposes a two-year statute of limitations on wrongful death cases. Families typically only have two years from the date when someone died to initiate a lawsuit. Significant delays might deprive families of the opportunity for justice. Successfully pursuing a lawsuit requires that families estimate the economic impact a premature death generates. Lost wages, lost household services, lost inheritance and other negative economic impacts can contribute to the overall value of a Texas wrongful death lawsuit. Families already dealing with grief and struggling to absorb the practical and economic responsibilities of the deceased individual may not be able to navigate the legal process on their own. Reviewing the situation that led to a tragedy with a skilled legal team can help families evaluate their options and determine whether a wrongful death lawsuit is possible. A successful lawsuit brought because of deadly medical malpractice can minimize harm for surviving family members while also creating consequences for the healthcare professionals or businesses to blame for the situation.]]> On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46259 2024-08-07T12:51:03Z 2024-08-07T12:51:03Z

wrongful act, neglect, carelessness, unskillfulness, or default” that caused the death of their loved one.

What kind of damages can surviving loved ones seek?

Wrongful death suits are used to recover economic damages suffered by a family for things like costs for medical care prior to a loved one’s death, burial expenses and lost future income if the deceased helped support a family. Surviving loved ones can also seek non-economic or “pain and suffering” damages for their own mental anguish and loss of companionship. Depending on the circumstances of the death, they may also be able to seek punitive or “exemplary” damages. Under Texas law, these damages may apply if the death resulted from a “willful act or omission or an extreme level of negligence, referred to as gross negligence.”

What is a survival action?

Family members can also – or alternatively – potentially bring a survival action against the party they hold responsible for their loved one’s death. The plaintiff in the case, however, must actually be the deceased’s estate since the purpose of the suit is to seek damages the deceased would have been entitled to if they had lived. These actions typically seek damages for things like conscious pain and suffering they endured prior to their death. Any award or settlement for this action goes to the estate. It’s a lot to think about at an extremely difficult time. There are time limits, however, on how long a family can wait to bring these legal claims. Seeking compassionate, experienced legal guidance promptly can help those who have suffered a needless, devastating loss to potentially gain some measure of justice and fair compensation.]]> On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46258 2024-06-10T14:16:45Z 2024-06-10T14:16:45Z

Major infections Even relatively minor surgeries create a risk of severe infection. Hospitals are known sources of infection risk, as some of the most dangerous pathogens proliferate in hospitals. When someone has an incision, there is an opportunity for infection to enter the body and cause real damage. Healthcare professionals typically need to teach people about how to care for their wounds and monitor wound healing to minimize the risk of post-surgical infection.

Opioid dependence

Even outpatient surgeries tend to cause pain that lasts for multiple days. People need help managing pain, and modern opioid medication does an excellent job of controlling pain symptoms. However, opioids are very strong. Physicians need to monitor how they react to opioids and help them strategically end opioid use. If a physician fails to taper someone's dose off and help them end their pain management regimen, they may develop a life-threatening dependency on opioid medication.

Long-term functional limitations

Perhaps someone had a total knee replacement surgery. They require rest but also appropriate exercise. Rehabilitation services and physical therapy or at least a dynamic splint might be necessary to ensure that a patient does not lose functional ability after undergoing a surgery. Other times, scarring caused by improper aftercare could cause pain that reduces someone's overall strength or range of motion. If inadequate surgical support after a procedure contributes to a poor outcome for a patient, they may have grounds for a medical malpractice lawsuit. Prioritizing aftercare is a crucial aspect of properly supporting a patient who requires an operation.]]> On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46257 2024-04-12T11:37:08Z 2024-04-12T11:37:08Z

Does a birth injury automatically provide grounds for a malpractice lawsuit? Some people assume that any serious injury might warrant a medical malpractice lawsuit. However, an unfavorable outcome is not necessarily indicative of malpractice. For example, an infant's cerebral palsy might be the result of an illness or injury the mother sustained during the second trimester, not an error during labor and delivery. There needs to be a direct connection between something healthcare providers did or did not do and the birth injury for the case to warrant a malpractice lawsuit.

How can we afford birth injury expenses?

Birth injuries can generate a host of different expenses for the family affected. There are the increased lifetime medical care needs of a child with a permanent birth injury to consider. Even short-term treatment for conditions that may lead to a full recovery is often expensive. Parents may also have to worry about lost wages if they stay home to care for the child and about covering the child's long-term support needs. Provided that there is a connection between an egregious medical mistake and the birth injury, the malpractice insurance covering the physician or the facility could theoretically help cover a family's expenses. To obtain that coverage, a lawsuit is often necessary.

How do we prove that healthcare professionals made mistakes?

Developing a medical malpractice claim can be a lengthy process. It often begins with patients and parents establishing thorough personal notes about the care that they received. Obtaining copies of medical records from the healthcare provider is also a crucial step. Frequently, those who suspect malpractice need to review the details of what they experienced with an unaffiliated healthcare professional. They may also require the insight of a lawyer to affirm whether they are likely to have a strong case in civil court. Sitting down to review what happened during the birth of a child may benefit those who think they may have grounds for a medical malpractice claim. Parents who worry about the expenses of birth injuries may need help seeking reasonable compensation for their family.]]> On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46255 2024-02-15T12:02:47Z 2024-02-15T12:02:47Z

Dental injuries Research has shown that as many as 1% of patients who go under general anesthesia have a tooth break, become dislocated or come out of their mouths because of the procedure. Obviously, any dental injury can be both painful and potentially expensive to address. Additionally, a tooth knocked loose during someone's procedure could lead to a choking incident. Blockages in someone's airway could cause brain injuries in some cases. Dental injuries are a common issue that could cause changes in someone's appearance and other health complications.

Tracheal injuries

Anesthesia requiring intubation or the placement of tubes down someone's throat doesn't just create the risk of dental injury. Injuries to the throat or trachea are also relatively common. Roughly 40% of patients who have to have a tube placed for anesthesia report painful symptoms after their surgeries. In more severe cases, people may actually have soft tissue injuries that persist for many days after the surgery. Sometimes, people can even suffer perforating trauma. Not only could the injury cause death, but it could also cause brain damage due to difficulty breathing and ongoing pain.

Nerve injuries

There are many different ways in which an anesthesia issue could lead to nerve injuries for a patient. If the anesthesiologist improperly administers the anesthesia, they could cause nerve damage by injecting a drug improperly in some cases. Other times, nerve injuries occur because of someone's body placement at the time of a procedure. Nerve injuries can cause lingering pain or sensation issues and can also sometimes trigger functional limitations for the patient that could cause long-term issues in some cases. Those coping with the consequences of an anesthesia-related injury may sometimes have grounds to file a medical malpractice lawsuit. Pursuing compensation is a reasonable reaction to a preventable injury caused by negligent administration of anesthesia.]]> On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46254 2023-12-19T01:51:24Z 2023-12-19T01:51:24Z

Malpractice involves professional failures There are certain anesthesia risks that anesthesiologists can easily address. For example, it is possible to evaluate the likelihood of someone having an adverse reaction to certain types of anesthesia by analyzing their medical history and reviewing their family history. Other times, allergy testing might be a smart move, as an individual's reaction to anesthesia can be unpredictable if they have never undergone surgery before. Anesthesiologists should be proactive when evaluating risk factors before administering anesthesia. They should also be very careful during the administration process. They need to pay close attention to the medications they use and monitor the patient's reaction. Common anesthesia errors include the disconnection of breathing circuits, mix-ups with medications, failure to review or seek necessary data and improper administration techniques. Some anesthesia complications are truly unpredictable incidents that professionals cannot prevent. Others are the results of mistakes and oversights. For example, it is surprisingly common for doctors to mix up drugs when administering anesthesia. They might also improperly calculate the dosage based on someone's sex, age and body weight. Other times, they might fail to monitor the patient's reaction, possibly because they become distracted. When the anesthesiologist does not carefully adhere to best practices, the people affected may have grounds for a medical malpractice claim. If other anesthesiologists readily acknowledge that someone did not take the right actions or made a significant mistake, then a medical malpractice lawsuit might be an option. Typically, a mistake needs to cause harm, and that harm needs to lead to financial losses. Additional medical treatment, lost wages and funeral expenses are all examples of costs that might justify a medical malpractice issue. As every case is unique, people generally need to consult with an outside medical professional or a lawyer to evaluate whether their circumstances justify taking legal action against an anesthesiologist following a poor surgical outcome.]]> On Behalf of Aversano & Gold https://www.cuttingedgejusticeblog.com/?p=46175 2023-11-15T14:37:00Z 2023-11-15T14:36:20Z