Medical Errors That Cause Cerebral Palsy

Cerebral palsy is a condition that occurs to the damage of an infant’s brain either before, during or immediately following birth. Studies show that birth asphyxia and hypoxic-ischemic encephalopathy (HIE) are the most prevalent risk factors for cerebral palsy, with over 63% of infants being diagnosed with one of these conditions that ultimately resulted in cerebral palsy.

The brain damage that results in cerebral palsy is typically permanent, causing a child to have challenges throughout their life with muscle control, posture, muscle tone, reflexes, coordination, posture, and balance.

Those with cerebral palsy also have challenges with fine and gross motor skills and oftentimes will need assistance throughout their lives. The severity of cerebral palsy is different for every child, however, in many cases, cerebral palsy is a direct result of medical negligence on the part of the doctor, nurse, or another medical professional during the birthing process.

Medical Errors Related to Cerebral Palsy

In many cases, the infant does not have enough oxygen to the brain, which results in permanent neurological damage. Unfortunately, there are thousands of cases of cerebral palsy that occur every year in the United States. There are ways that medical professionals can prevent this type of neurological damage that oftentimes results in cerebral palsy by taking appropriate steps that are established by protocols within the medical community. Negligence of a doctor or another medical professional can include the following:

  • Failing to discover, diagnose correctly, or appropriately treat an infection in the mother or infant
  • Failing to attach a fetal heart rate monitor to the mother, or failing to carefully observe the monitor for significant changes which would indicate a medical emergency
  • Failing to perform a cesarean section when it would be considered medically necessary
  • Failing to discover, diagnose correctly, or appropriately handle a prolapsed umbilical cord
  • Failing to use medical tools in the birthing process appropriately, such as vacuum extractors or forceps

Foundation for a Medical Malpractice Case

If you gave birth to a child that was later diagnosed with cerebral palsy, you may want to seriously consider whether or not medical negligence was involved in the development of your child’s condition. In many cases, medical errors either before, during, or immediately after the birth of a child can lead to brain injury resulting in cerebral palsy.

If your baby was born prematurely, the medical staff had an additional responsibility to ensure that appropriate measures were taken to ensure their health and to prevent brain damage. You may be able to file a claim against the attending physician, nurse, anesthesiologist, or other medical professionals. Additionally, if you had your baby in a hospital, you may have the legal right to hold the hospital directly responsible for the brain injuries suffered by your child.

Contact an Experienced Medical Malpractice Attorney

Conducting an independent investigation can be a complex legal undertaking and visiting with an experienced medical malpractice attorney can help you understand how you may have the legal right to pursue justice on behalf of your child.

If your child was diagnosed with cerebral palsy, contact the experienced attorneys at The Law Office of Daniel H. Rose at (415) 946-8900 or online today.

Look Out for The Signs of Road Rage

Every person has a bad day, is frustrated at some point with traffic, or is late for an appointment. However, none of these reasons gives anyone the right to drive aggressively, also known as road rage.

When a driver operates a vehicle with road rage, they become a danger to themselves and everyone else on the roadways. Watch out for the following signs of road rage to avoid potential accidents that may cause serious injury and harm.

Signs of Road Rage – Violations of the Law

Some of the signs of road rage are easy to spot, as they directly violate the law, roadway signs, or roadway signals. Some of these types of road rage that result in the direct violation of the law and could result in the driver getting a ticket from law enforcement include the following:

  • Speeding
  • Improper changing of lanes
  • Passing vehicles improperly on the roadways
  • Tailgating
  • Failing to yield
  • Failing to obey traffic signals and signs (stop signs, stoplights, etc.)

Additional Signs of Road Rage

Some additional signs of aggressive driving and road rage are apparent on the roadways, but may not actually include any violations of the law. Take careful note to observe any drivers on the roadways acting in the following ways, as it could be a strong indication that they are driving aggressively and could cause an accident due to their road rage.

  • Honking the horn excessively
  • Making wild, offensive or aggressive hand gestures
  • Yelling out of the window (threats, vulgarities, or angry words)
  • Abruptly accelerating or braking
  • Cutting off cars in traffic intentionally, or blocking cars while in traffic intentionally
  • Driving in such a way that their behavior causes another car to hit a pedestrian
  • Driving in such a way that another car runs off the road
  • Stopping the car and exiting in order to have a verbal or physical confrontation
  • Chasing another car at a high speed or with dangerous maneuvers

Filing a Claim

In order to file a claim against another driver for road rage, there must be an actual accident. Even if a driver is acting aggressively on the roadway, or driving in such a way to cause danger to those around him or her, the only way to actually file a claim is if there were physical or emotional injuries, or financial losses to a victim. However, if you see that someone is driving in an aggressive manner, or clearly has road rage, the best thing to do is contact law enforcement and attempt to give them the license plate number, the make and model of the car and the direction they are headed, if it is safe to do so.

Contact an Experienced Attorney

If you were involved in an accident due to another driver’s road rage, you have the right to receive compensation for your injuries and losses that were a direct result of their negligence. Contact the experienced attorneys at The Law Office of Daniel H. Rose at (415) 946-8900 or online today.

How Are Truck Accidents Different from Other Car Accidents?

Commercial trucks can include concrete trucks, tractor-trailer trucks, dump trucks, tow trucks, and construction trucks, among others. These large commercial trucks can often weigh over 80,000 pounds, which is 20 times the weight of a typical passenger vehicle. Truck drivers are incentivized to drive quickly to either deliver cargo in the shortest period of time or complete a construction job quickly.

While federal and state regulations both have strict guidelines regarding the operation and maintenance of these large vehicles, in many cases truck drivers, trucking companies, and manufacturers overlook these legal regulations in order to make additional profit.

When cargo is overloaded or unsecured, when tractor-trailer drivers operate their truck without ensuring that they meet the federal rest requirements, or when construction truck drivers operate their trucks without proper training, catastrophic injuries and even death can occur. There are several ways that truck accidents are different from typical passenger vehicle accidents.

Larger Medical Bills and Property Damage

When a large commercial truck collides with a passenger vehicle, the victims often suffer serious injuries. In many cases, a victim may suffer from traumatic brain injuries, aortic dissections, spinal cord injuries leading to paralysis, disfigurement, amputations, internal organ damage or bleeding, or even post-traumatic stress disorder from the trauma of the accident. Along with substantial medical bills, victims oftentimes is left with a car that is totaled and without transportation for the period of time until it can be either repaired or replaced.

Larger Insurance Policies

While the medical bills and property damage may be greater than typical passenger vehicle accidents, the insurance policies of trucking companies or truck manufacturers is also much more substantial. In some instances, the insurance policies covering commercial trucks can be up to fifty times the amount a typical driver carries on the roadway.

Determination of Liability

While most passenger vehicle accidents are typically between two drivers, and a determination of negligence must be made between those drivers (or more drivers if it is a multiple car pile-up), in the case of a commercial trucking accident, there are several more parties which may be liable and responsible for a victim’s damages and losses. These would include the following:

  • The truck driver
  • The trucking company (as the employer of the truck driver under a legal theory known as respondeat superior)
  • The truck owner (which is oftentimes different than the trucking company)
  • Any third-party that loaded the truck incorrectly
  • The shipper who hired the trucking company to deliver cargo
  • Manufacturer of any defective or flawed truck part or component which either caused or contributed to the trucking accident

Contact an Experienced Attorney

If you were involved in a trucking accident, you likely suffered substantial injuries and property damage. Making the determination regarding liability can be a legally complex matter. Contact the experienced attorneys at The Law Office of Daniel H. Rose. We will work to build you a strong personal injury case to help you get you the compensation you deserve. Contact our experienced attorneys at (415) 946-8900 or online today.

Determining Fault in Accidents Involving Pedestrians and Cars

If you were in an accident that involved both a pedestrian and a vehicle, you may think that the pedestrian always has the right-of-way. However, there are cases where an accident may result from the negligent actions of a pedestrian. Determining fault and liability in a car accident with a pedestrian can oftentimes be legally challenging. Learn how fault can be determined and what your legal rights are following an accident.

Driver Fault

Pedestrians oftentimes face catastrophic injuries following an accident with a vehicle and in many cases, the driver of the vehicle will be negligent and responsible. Drivers have a responsibility to ensure that they stay aware of their surroundings to ensure that they do not hit any pedestrians.

Additionally, distracted driving, or driving under the influence of drugs or alcohol often result in pedestrian injuries. In these cases, a driver will be held liable for any injuries suffered by a pedestrian hit in a crosswalk. If a driver is determined to be at fault for the accident, they will likely be responsible for medical bills, lost wages, and the pain and suffering of the pedestrian victim.

Pedestrian Fault

While most people think that the pedestrian always has the right-of-way, this is not always the case, legally. A pedestrian also has a responsibility towards the drivers in traffic and crosswalks. If a pedestrian acted negligently by jaywalking, walking along any highway, bridges or other areas where pedestrians are not allowed, darting out into traffic, walking out into traffic due to texting or another distraction, or crossing against a traffic signal, the pedestrian may be held liable for the accident and responsible for damages or injuries suffered.

Shared Fault

In some cases, there may be situations where both the driver and pedestrian share fault regarding the accident. For example, the pedestrian may have been jaywalking, but the driver was operating a motor vehicle while intoxicated. In these cases, there may be shared fault between the driver and the pedestrian that an experienced accident attorney can help you legally navigate in order to receive the compensation you deserve.

Police Report

In most cases, the police complete a report regarding a pedestrian and vehicle accident and in these cases, they may indicate who they believe was at fault. However, contacting an experienced accident attorney can help you conduct an independent investigation and help correctly determine fault in your accident involving a pedestrian and a car.

Contact a Car Accident Attorney

If you were involved in an accident between a vehicle and a pedestrian, you may have questions regarding who is at fault and will have to pay compensation. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that the correct parties in your accident are held responsible and will help you determine fault so that your legal rights are protected, and you receive the compensation you deserve. Contact our experienced car accident attorneys at 415-946-8900 or online today.

How Much Can I Expect from a Car Accident Settlement?

If you were injured in a car accident and your car was damaged, you may be wondering how much your car accident settlement is worth. While every car accident case is different, there are certain amounts that you may be entitled to as a victim.

Property Damages

If your car and the property inside it were damaged from a car accident due to someone else’s negligence, you are entitled to have your vehicle repaired or replaced, as well as any property inside the car that was damaged. Make sure to visit with an experienced attorney as you attempt to make the decision to repair or replace your vehicle.

Personal Injuries

If you were personally injured in a car accident due to the negligence of another person, you may have the right to receive compensation for and medical bills you incurred. Additionally, you may have the right to receive compensation for the travel to and from your medical appointments, as well as any medical devices you need such as a wheelchair or cane. Prescription medications and therapy visits are also included in the calculation of compensation amounts for personal injuries.

Pain and Suffering

Due to someone else’s negligence, you may have experienced physical and emotional pain related to your injuries for which you may also be compensated. Some severe car accidents even cause victims to suffer from post-traumatic stress disorder (PTSD). Pain and suffering damages include any type of emotional or physical suffering the victim currently experiences, as well as what medical professionals reasonably expect the victim to suffer in the future as well.

Calculating Settlements

Insurance companies typically want to offer low and unfair settlement offers to victims. They may not want to fully pay for vehicle repairs or medical visits. They may refuse to pay for pain and suffering. An experienced personal injury attorney can negotiate with insurance companies on your behalf to ensure you get the settlement amount you deserve.

While there is no exact number regarding pain and suffering, in some cases, the courts will use a “multiplier” method and allow between 1.5 and 4 times the actual damages calculated in the case. Calculating pain and suffering is significant because it can substantially affect the financial future of a victim. Ensuring that you have good representation will help you receive the compensation you deserve for your injuries as well as your pain and suffering.

Contact an Experienced Personal Injury Attorney

It is impossible to determine the exact amount of compensation in a settlement that a victim will receive following a car accident. However, having an experienced personal injury attorney negotiate with insurance companies on your behalf can ensure that your legal rights are protected. Contact us at The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you receive as much compensation as possible for your property damage, personal injuries and pain and suffering. Contact our experienced car accident attorneys at 415-946-8900 or online today for your free consultation.

Tips on How to Take Pictures After a Car Accident

A picture is worth a thousand words. Nowhere is that truer than pictures taken immediately following a car accident. If you are injured in a car accident, you need to seek immediate medical treatment. However, if you are able to physically take pictures of your car accident, these tips will help ensure that your photos accurately represent the damage and help ensure you receive compensation for your damages and injuries.

Photographic Tips

The following are the best tips for how to photograph evidence following a car accident to ensure that they accurately represent the damage your vehicle suffered or your personal injuries.

  • Take a picture of the entire scene. Take several photographs from several different angles of the entire car accident scene. This will help give perspective to any smaller details that you may photograph later. Make sure to photograph not only your car but all other vehicles involved in the car accident.
  • Take close-up pictures. Take close pictures of your car as well as all other cars involved in the accident. Take very close shots of damage to all vehicles. Take pictures of pieces of the vehicle that may have fallen to the ground or any debris from the accident.
  • Take pictures of the environment of the car accident. Make sure to take photographs of the weather at the time as well as the roadway. If there were any potholes, damaged curbs, stop signs, intersection traffic lights or debris in the roadway, make sure to take careful photographs of those areas. If either vehicle had any skid marks on the roadway, make sure to take photographs of the skid marks.
  • Take pictures with a point of reference. It is always a good idea to include something common in the photographs as a point of reference. For example, if you can use a piece of paper, a traffic cone, or any other object that can serve as a reference point for a judge or jury to determine how large or small the photographed object is. For smaller pieces of debris, consider using coins as a frame of reference.
  • Take pictures of injuries. If you or any other person suffered injuries, try to take as many pictures as possible of the injury prior to receiving medical treatment. Always make sure to seek immediate medical treatment, but if you can photograph your wounds or injuries, it will help you obtain compensation for those injuries at a later time. You may want to take pictures of other victim’s injuries as well, but you must always ask permission before doing so.

Contact an Experienced Accident Attorney

If you were involved in an accident and are trying to build a strong personal injury case based on the photographs taken at the scene of the accident, contact an experienced car accident attorney to help you build your case, and ensure your legal rights are protected. Contact The Law Office of Daniel H. Rose at 415-946-8900 or online today for your free consultation.

Safety Tips When Riding Alone in an Uber or Lyft

Just a few short years ago the idea of summoning a stranger to jump in their car would be terrifying. Now, ridesharing services such as Uber and Lyft are used by millions of Americans every day without giving it a second thought. However, there are reports of injuries and deaths that have happened to innocent victims in Uber and Lyft rides. Before you call your next Uber or Lyft, make sure to know the following safety tips.

Most Important Safety Tips

The most important safety tips for riding in an Uber or Lyft are listed below, but always use your common sense and remove yourself from any situation you feel may be dangerous.

  • Request Your Uber or Lyft While Inside. No matter where you request your Uber or Lyft, try to stay inside until you see the vehicle arrive. Standing outside alone with your phone in your hand can be dangerous. Remaining inside can give you the opportunity to ensure that the correct driver is pulling up to take you to your next destination.
  • Check Your Uber or Lyft Credentials. Make sure that you are getting into the correct car with the correct driver. Match the license plate number, the model and make of the vehicle and the driver photo that is provided by the app. Never get into any car if you are unsure that it’s from a legitimate ridesharing company. One simple way to make sure that you are in the correct vehicle is to have the driver confirm your name before entering the car.
  • Ride in the Backseat. Always ride in the back seat of an Uber or Lyft car. You have more opportunities and choices regarding how and when to exit the vehicle, as well as providing some personal space for yourself.
  • Wear Your Seat Belt. Anytime you are riding in any vehicle, you should wear your seat belt. Uber and Lyft vehicles are just as likely to get in an accident as any others. If you are ever involved in an accident, you may have to take extra steps regarding insurance companies paying for any damages or injuries you may have suffered. For example, Uber’s insurance policy covers its drivers.
  • Tell Others Where You Are. If you are going to use a ridesharing service, make sure to let someone know that you are using it, and what your destination is, or actually stay on the phone with them during your trip.
  • Protect Your Private Information. Make sure that you never share additional personal information with your driver, which could expose you to identity theft or other types of crimes.
  • Use Common Sense. If you have any bad feelings about a driver or anything about the vehicle, never hesitate to turn down a ride. You have the right to refuse service from a vehicle. If you feel you are in danger, always call 911 from the emergency button that is available on many apps related to the ridesharing company.

Contact an Experienced Attorney

If you were involved in an accident involving an Uber or Lyft, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and get you the compensation you deserve. Contact our experienced attorneys at 415-946-8900 or online today.

Medical Errors are the Third Leading Cause of Death in the U.S.

Medical errors are now considered the third leading cause of death in the U.S. When a medical error occurs, typically it is the result of some form of medical malpractice by a doctor, nurse, or another health professional acting in a negligent way that led to the death of the patient. The following are some of the most common types of medical errors by medical professionals that result in death.

Misdiagnosis

The misdiagnosis of patients is one of the most common reasons for death due to medical error. When a patient receives a misdiagnosis, this inherently leads to incorrect medications being prescribed, incorrect therapies or surgeries, or the absence of the correct medical treatments. Delays in providing the correct diagnoses for patients directly result in the loss of valuable time to treat what may be a life-threatening condition. In order to prove that misdiagnosis caused a patient’s death, the victim’s family in a wrongful death suit must prove that another doctor or medical professional acting in a reasonable manner according to established medical standards, would have been able to correctly diagnose the patient, thus preventing their death.

Birth Injuries and Deaths

Unfortunately, many mothers and newborns die every year due to medical errors in the birth and delivery process. Even if death does not occur, birth injuries to children can be devastating and include brain damage, broken bones, nerve damage, Erb’s Palsy, Cerebral Palsy, Klumpke’s Palsy and seizure disorders. While babies are born every day, if a doctor or medical professional fails to act in a prudent manner under established medical standards during a delivery, death to the mother or child may result.

Prescription Medication Errors

Medication-related errors affect more than one million people in the U.S. each year. These errors can be the result of the doctor incorrectly prescribing a medication, or simply prescribing the wrong medication altogether. They can also occur when the hospital staff incorrectly administers the medication prescribed by a doctor or attending physician. As previously mentioned, in cases of misdiagnosis, prescription medication errors are common, as doctors prescribe medication for a condition that the patient does not have. If an incorrect medication is prescribed, or an incorrect dosage is given of a correct medication, a patient can suffer irreparable harm, including severe injuries or death.

Surgical Errors

Surgery is an inherently risky procedure, which is why medical professionals should take additional care and caution during surgery to ensure that medical errors do not occur. Unfortunately, medical errors in surgeries are common in the U.S., and they account for one-third of all medical malpractice claims. In these cases, the doctors, nurses, hospital staff, and hospitals themselves can all be held responsible and liable for a patient’s death.

Contact an Experienced Medical Malpractice Attorney

If your loved one died due to a medical error, you may have a case for wrongful death. While you may not want to consider filing a lawsuit, you are likely facing astronomical medical bills, funeral costs, and other unexpected expenses. Contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights. Contact our experienced attorneys at 415-946-8900 or online today.

Posted in General
February 22nd, 2020 by Daniel Rose

Why You Should Avoid Posting Details of Your Car Accident on Social Media

Everyone seems to post everything on social media these days. However, there are good reasons why you should never post anything related to your car accident on social media, especially if you are considering filing a claim to receive compensation for your injuries and damages.

Personal Injury Attorneys

Most personal injury attorneys are astute enough to now understand that people are tempted to post everything on social media, including details regarding their car accident and injuries. In many cases, victims have not set their Facebook or Instagram profiles to private and anyone can simply go and look at anything that they post. The personal injury attorneys or insurance companies can easily take screenshots of your post, tweet, or photograph and use it against you in a court of law during your personal injury case.

A Picture is Worth a Thousand Words

If you decide to post anything related to your car accident on social media, know that it may be taken completely out of context and used against you. Pictures or posts can be used in a manner that you never intended or anticipated.

Additionally, if you are attempting to claim that you have serious personal injuries related to a car accident that was not your fault, and then post on social media how you were drinking heavily the night of the accident, or that you are running a marathon soon, it is likely that these comments or posts can be used against you and eliminate your ability to receive compensation for your injuries. Even comments or posts said in jest can be taken to be serious and you will lose the right to monetary recovery.

Never Delete Anything

If you made a mistake and posted something on social media regarding your car accident and now regret it, you should avoid the temptation to delete it. If you delete any post, picture, image, tweet, message, conversation or comment on social media, it may be considered obstruction of justice and tampering with evidence. In fact, the law is clear on this topic. Never delete anything from your social media accounts, as someone else could have taken a screenshot and it could unexpectedly be brought up in court later. Therefore, if you make the mistake of posting something regarding your car accident on social media, leave it but do not highlight it or continue to comment on it in any way.

Contact an Experienced Personal Injury Attorney

Always assume that anything you post or include on any of your social media platforms will be seen by everyone, even if your settings are private. Personal injury attorneys have great ways of finding these posts and using them against you to deny your claims of personal injury or lack of liability regarding the car accident. If you or a loved one have been injured in a car accident, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and that you receive a just settlement. Contact our experienced car accident attorneys today at 415-946-8900 or online today.

Tips for Sharing the Road with Motorcyclists

Motorcycle accident statistics are harrowing. A motorcycle rider is 35 times as likely to die than someone in a typical car accident, and according to the National Highway Traffic Safety Administration, thousands of motorcycle deaths occur each year.

As a motorist, you will need to share the roads with motorcyclists. You have the responsibility to remain vigilant to avoid any accidents, which can be catastrophic. Here are some tips for sharing the road with motorcyclists and ensure that accidents do not happen.

Car Lane Change

Many drivers oftentimes simply forget to check all of their blind spots or fail to signal that they are changing lanes. Every time you change lanes, you should carefully check your blind spots and look not only for other passenger vehicles but also for motorcyclists.

Car Doors

In hurried situations, many drivers and passengers will quickly open their car doors. While illegal, many motorcyclists will ride between a lane of traffic with moving cars and a lane of parked cars. This is known as the “Death Zone” because so many motorcyclists suffer injuries and die when an inattentive motorist or passenger opens their car door and causes a motorcyclist to crash.

Left Turns

One of the most typical accidents between a motorcyclist and a passenger vehicle is due to left turns. When a car makes a left turn, they may inadvertently run directly into a motorcycle on their left. These common accidents are called “right of way” accidents and can be avoided if the motorist takes extra care to examine their surroundings before making a left turn.

Speeding

According to statistics, 50 percent of motorcycle accidents involve speeding. Both motorcyclists and motorists have a responsibility to drive safely on the roadways for their own safety and those around them.

Distracted Driving

Never text and drive. Distracted driving takes many forms, but texting and driving cause substantially more accidents than other forms of distracted driving. The chances of being in an accident when distracted are exponentially high. Do not take the risk — put your phone down.

Driving Under the Influence of Drugs or Alcohol

It should go without saying that you should never attempt to drive a vehicle if you are under the influence of drugs or alcohol. This can result in serious injuries or death to not only other motorists, but motorcyclists as well.

Contact an Experienced Motorcycle Accident Attorney

If you were a motorcyclist who was involved in an accident, you may be facing astronomical medical bills, the inability to work and lost wages, as well as pain and suffering. Accidents happen, even if you are careful and drive (or ride) safely.

If you or a loved one have been injured in a motorcycle accident, contact The Law Office of Daniel H. Rose. We will work on your behalf to ensure that you understand your legal rights and that you receive a fair settlement. Contact our experienced car accident attorneys today at 415-946-8900 or online today.