Category Archives: General

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.

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

Myths About Driving Near Trucks

Many people feel unsafe driving around trucks due to common myths surrounding large trucks and truck drivers. However, dispelling some myths regarding driving near trucks may help you prevent being involved in a truck accident.

Myth #1 – Trucks Are Less Likely to Cause an Accident

Just because truck drivers must undergo additional testing for licenses does not necessarily mean they are safer drivers. The training to receive a commercial driver’s license is not as complicated as some would think. Additionally, truck drivers have similar challenges as other drivers such as distracted driving, driving while fatigued, failing to obey traffic laws or signs, and unfortunately driving under the influence of alcohol or drugs. In fact, due to the fatigue that most truck drivers face, truck drivers are oftentimes more likely to cause accidents on the roadways.

Myth #2 – Truck Drivers Are Used to Driving Without Sleep

Statistics show that any person, truck drivers included, who stay awake for more than 18 hours have delayed reflexes and judgment equivalent to driving under the influence of drugs or alcohol. Truck drivers are required to follow very specific schedules that allow for rest breaks and sleep; however, many truck drivers fail to follow these regulations. Due to the pressure to make deliveries, and the fact that they are paid by the number of miles that they drive, many truck drivers do not follow these requirements and drive drowsy –  putting their lives and the lives of others in danger on the roadways.

Myth #3 – Large Truck Mirrors Make Accidents Less Likely

Oftentimes, people believe that the large truck mirrors increase a truck driver’s visibility which leads to fewer accidents. However, due to the size of a large truck, these mirrors still encompass huge blind spots where a truck driver can simply not see other cars on the roadways. The best rule to follow is if you cannot see the truck driver in one of his or her mirrors, the truck driver cannot see you either.

Myth #4 – Trucking Companies Cannot Be Held Liable

Some people believe that trucking companies cannot be held responsible or liable for accidents that are caused by their truck drivers. There are several ways that trucking companies can be liable for accidents involving their drivers, including negligence in hiring, inadequate truck maintenance, or failure to comply with trucking regulations.

Contact a Trucking Accident Attorney

If you or a loved one were in a car accident with a large truck, you may have the right to receive compensation for your medical bills, lost wages, and pain and suffering. Determining fault in a truck accident case is often fact-intensive and may require the opinion of an accident reconstruction expert. Even simple cases often involve extensive physical and financial damages. Contact The Law Office of Daniel A. Rose as soon as possible, and our experienced accident lawyers will help you build your personal injury case. Call for a free consultation today at 415-946-8900 or visit us online.

Posted in General
December 10th, 2019 by Daniel Rose

How Your Fitbit Could Be Used in Your Personal Injury Case

In our age of digital technology, almost all of our movements (both online and offline) can be tracked through some sort of computerized device. Technology has become so advanced that we can now wear a fitness computer on our wrists. This wearable device, Fitbit, tracks physical activity, caloric intake, daily steps, heart rate, sleep, and even weight. Documentation of physical location, activity, and health can become important evidence in your personal injury case, to show how your quality of life has been affected since the time of your personal injury due to the negligence of another.

Fitbit

A Fitbit is a wearable device that can attach to your wrist or belt. Other companies have similar products, such as the Apple iWatch, Garmin watches, and Nike trackers, along with many others. While most Fitbit owners utilize them to track their fitness levels and overall health, they can become a “black box” for the activity and even the physical location of the wearer.

Evidence in a Personal Injury Claim

A Fitbit stores a warehouse of information regarding the user. Several years ago, the first case was made to introduce fitness tracker data into evidence. Since that time, fitness tracker data has been introduced into evidence to either support or negate the stories told in the courtroom. For example, a fitness tracker device was used to prove the following:

  • That a victim was not physically at the location of the assault she claimed took place
  • The activity levels of a victim did not decrease as he suggested they did due to a personal injury claim

When an injury is not visible, it is possible to show how you have been impacted physically by the negligence of another through the data located on your Fitbit or other fitness tracker device. Oftentimes, a medical expert will be called to testify in your personal injury case. However, a fitness tracker can show how your personal injury has affected you on a daily basis and impacted the quality of your life.

It is important to note that the data discovered can also be potentially discovered by the other side to determine that your injuries are not as severe as you claim or that you were not in the physical location you testified about in a court of law. Contacting a personal injury lawyer will help you understand your rights, and how a physical tracking device could be used for or against you in your personal injury case.

Contact a Personal Injury Lawyer Today

Your Fitbit or other fitness tracker data technology could prove useful in your personal injury case.  If you have suffered a physical injury due to someone else’s negligence, find out if your Fitbit or fitness tracker can help or possibly hurt your claim. In California, call on the Law Office of Daniel H. Rose for compassionate advocacy and knowledgeable guidance. Request your complimentary consultation today by contacting our firm at 415-946-8900.

Posted in General
September 6th, 2019 by Daniel Rose

Cyclist Michael Hatch Mourned as Latest Bicycle v Shuttle Bus Collision Victim

It is clear from my representation of bicyclists who are victims of collisions with commuter related shuttle buses that shuttle bus drivers are grossly inadequately trained with respect to bicyclists on the road. This latest fatality in Santa Clara involving a 49-year-old cyclist in a bike lane with a green light is an example of driver gross negligence and simply should not have happened.

We are Presenting Sponsor of Bike East Bay’s Biketopia 2018 Member Party and Fundraiser

As we do every year, we are proud to once again be the Presenting Sponsor of Bike East Bay’s Biketopia 2018, taking place on Thursday, November 8, 2018 6:30 – 10:00 p.m. The event, which is always a lot of fun, is at a new location right next to the Ashby BART Station at Ed Roberts Campus, 3075 Adeline Street, Berkeley. Hope to see you there.

Left-turning vehicles major source of death and injury to motorcyclists as in recent fatal San Jose motorcyclist death at McKee Road

Left-turning vehicles are a major cause of motorcycle accidents, as was the case on a fatal July 14, 2018 daytime collision between a motorcyclist and a Honda CRV at McKee Road and Challenger Avenue in East San Jose.  In my experience as a motorcycle accident lawyer, automobiles way too often negligently fail to notice or yield to oncoming motorcyclists.

A Primary Cause of Injury and Death to Pedestrians and Bicyclists Traveling on Sidewalks is Vehicles Exiting Parking Lots and Driveways

One of the primary ways in which pedestrians and bicyclists traveling on sidewalks are injured or killed is by motor vehicles exiting parking lots or driveways. A recent example is the Bay Area case of an 84-year-old woman killed by a vehicle exiting a parking lot on W. El Camino Real in Sunnyvale. Based upon my experience as a pedestrian and bicycle accident lawyer, it appears that the most common way this occurs is when the pedestrian or bicyclist is traveling on the sidewalk in the opposite direction that the cars on the adjacent road are traveling.

Because the driver of the vehicle exiting the parking lot is most concerned with entering the traffic traveling in the direction the driver wishes to go, the driver quite often neglects to look for potential sidewalk traffic coming from the opposite direction. Sometimes contributing to the failure of the driver to notice pedestrians and bicyclists is the presence of things which obstruct the driver’s vision such as hedges, walls or commercial signs. Pedestrians and bicyclists injured in such collisions often report that they mistakenly believed that the driver acknowledged or noticed them before driving into them or across their path. While drivers under these circumstances are almost always held to be negligent, it would appear to be safe practice for pedestrians and bicyclists to be aware of this potential driver behavior when approaching driveways and exits.