What Constitutes a Medical Malpractice Case?

It is often misunderstood what constitutes a medical malpractice case. When a medical device comes with a defect and causes damage to the patient ¾ people are often think this is a basis of a medical malpractice case.

An injury caused by a defective medical device is not a basis for a medical malpractice; rather it would be a basis for a personal injury claim. Medical devices, like all other products require proper design and labeling. If any of these products have a defect, or lack the information to mitigate and reduce the risk, and someone were to be injured, there would be a basis to file a personal injury claim.

If you or someone you love has been a victim of medical malpractice or defective products, contact the San Antonio personal injury attorneys from Ford & Laurel at 210.820.3434.

Proof
In a medical malpractice case, the medical provider has to be proven negligent. A doctor who has been in a similar situation will determine the proper level of medical care. Then an expert witness is called to confirm the facts.

In order to have a case, the following facts have to be proven:

An injury has occurred as a direct cause of negligence.
Service provided by the medical professional is lower than the proper standard of care.
There has to be a direct correlation between the patient’s injury and the doctor’s treatment
There has to be a proven doctor-patient relationship.

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How To Avoid Medical Misdiagnosis

Misdiagnosis occurs when the doctor does not provide a correct diagnosis and fails to adhere to a reasonable standard of care. A misdiagnosis can cause major injury to the patient or sometimes death. Major injury or death can cause emotional pain and unexpected expenses.

An average of 30% of medical cases have some sort of diagnosis mistakes and many of them involve patients harmed by the misdiagnosis.

The family of the deceased is not responsible for the damages caused by a misdiagnosis. If you or someone you love has been a victim of a misdiagnosis, contact the San Antonio personal injury attorneys from Ford & Laurel 210.820.3434.

Follow Your Gut
One of the reasons why misdiagnosis is so common is that the physician has the appropriate training and knowledge to determine the illness, and we feel intimidated. This makes it harder to question their medical opinion.

If you suspect that your symptoms are not related to the diagnosis, express those feeling to your doctor. If your doctor seems uninterested, you can always attain medical opinion from another doctor.

Considering the consequences of a misdiagnosis, it is important you do everything in your power to prevent one. There is a possibility that your physician might make a mistake. In order to reduce the possibilities of getting a misdiagnosis from your physician, there are a few tips you should consider:

Communicate with your doctor about your symptoms and how you feel. This plays a pivotal role in the diagnosis of your illness.
Do your own research. The more informed you are about your symptoms or illness the best you can discuss different options with your doctor.
Don’t be afraid to ask questions. If something is not clear, don’t hesitate to ask for a further explanation.

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Consequences of a Misdiagnosed Abdominal Hernia

An abdominal hernia is when the organs push against a weak spot of the abdominal wall, getting caught and causing debilitating pain. Hernia sufferers might experience intense pain or no pain at all. A non-treated hernia might become an emergency if it’s cutting off the intestines’ blood circulation.

A hernia is often diagnosed by the examination of the patients’ abdomen. A common characteristic of the hernia is a bump. Physicians will look for that bump when the patient is stretching or coughing.

The symptoms of an abdominal hernia vary which makes it easier for physicians to misdiagnose it. If you have suffered the consequences of a misdiagnosed hernia, contact the San Antonio medical malpractice attorneys from Ford & Laurel at 210.820.3434.

Consequences
Since the symptoms for an abdominal hernia vary, it is common for doctors to get it confused with other medical issues. A hernia might get confused with appendicitis since they both come with abdominal pain. Appendicitis differs from an abdominal hernia by bringing vomiting along with the pain, fever and lack of appetite. Chronic pelvic pain is another medical issue that could make it confusing¾ the same symptoms will manifest except with no bump.

Aside from the confusion of the symptoms, physicians will often just make a physical examination. An ultrasound is an alternative to a physical examination. It will most likely show the hernia.

A misdiagnosis might lead the patient to expensive unnecessary treatments, surgeries and doctor’s visits. And while all these unnecessary treatments and expenses are made, there is a possibility that the hernia might be getting worse.

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Pediatric Medical Malpractice

When we take our children to the doctor or the hospital, the last thing we want is for the care provider to be negligent. There are medical care providers that do not treat the patient with proper care. Errors in your child’s medical treatment might have bad consequences, sometimes even be fatal.

If your child has been a victim of medical malpractice, contact the San Antonio personal injury attorneys from Ford & Laurel at 210.820.3434.

Common Mistakes Among Pediatrics
Misdiagnosis is often common among cases of pediatric medical negligence. Sometimes pediatricians fail to diagnose appendicitis, bacterial infections or meningitis, which can be fatal for the child.

Other mistakes that could happen could be related to the anesthesia; sometimes not having enough anesthesia is administered to the child, causing pain.

Aside from the problems that may arise during the procedure, the improper treatment might be administered and cause devastating effects.

A doctor’s negligence can bring unexpected expenses. For instance, your child might have to get treatment as a result of a medical error, resulting in an extended hospital stay.
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Nurses Medical Malpractice

Medical negligence often occurs when there is miscommunication or lack or rest of the medical staff. The medical care providers are just like everybody else, and they commit mistakes. When mistakes are made, that is when a medical malpractice claim comes into place.

If you or someone you know has been a victim of medical negligence from a nurse, contact the San Antonio personal injury attorneys from Ford & Laurel at 210.820.3434.

Claims
When someone checks into a medical facility, exceptional medical help and care is expected as part of the usual standard of care. Injuries and sometimes death can result from negligent actions from a care provider.

Nurses are sued for medical malpractice as well. A nurse is responsible for monitoring the state of the patient, making sure he/she gets the right drugs and medications. She is also responsible for contacting the doctor if the situation warrants it.

When a nurse does not act adequately to the situation causing harm to the patient, and sometimes death, a medical malpractice claim is brought against the nurse regardless of the severity of the situation.

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What To Do In A Medical Malpractice Case

In an effort to reduce medical error, hospitals and medical experts have invested in computers and electronic devices for an easier use of records, drug information, and other pertinent patient information.

But there was a loophole to the investment, which is that the electronic devices can become the doctors and nurse’s focal point. Cases in which their attention is focused on the screen and not on the patient are common. Some of them include a poll revealing half of technicians operating the bypass machine text during a procedure, and a neurosurgeon taking a personal call during surgery, are among some examples.

If you or someone you know has been a victim of medical malpractice, contact the San Antonio personal injury lawyers from Ford & Laurel at 210.820.3434.

What should I Do?
Make sure you keep all of your medical records. A personal injury lawyer will need this evidence to review to build your case. The records will include any details about the procedure and treatment.

Get the professional advice from a public injury lawyer. He will help you define if you have a case and the steps to follow.

Your lawyer will help you establish your case and quantify the cost of the damages.

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Medical Malpractice

Medical malpractice is the act of negligence by a care provider as a result of injuries or sometimes death. When this happens, the person affected or the diseased person’s relatives might be eligible for compensation.

If you or someone you love has been a victim of medical malpractice, contact the San Antonio personal injury lawyers from Ford & Laurel at 210.820.3434.

Mistakes
The care providers’ negligent actions can hold them liable for the consequences. Such actions can cause unexpected expenses: funeral costs, cost of further medical treatments or operations required.

Some of the most common mistakes are: improper diagnosis and mistakes in treatment.

When a doctor makes an improper diagnoses for a patient, and that patient’s life is shorten or harmed by it, the doctor might be liable for the damages. Yet, the doctor will not be liable for the harm caused if the person would have died in the same amount of time if he didn’t have the treatment.

Another common situation in which medical errors occur is making an irreversible error. There are times when the wrong limb is amputated or they take out the wrong organ. The medical ramifications of taking out a healthy organ and leaving in the unhealthy one can be detrimental to the patient and cost them lifelong consequences and even their life.

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Product Liability

Product liability is the area of law that protects the consumer from any manufacturing defects that cause harm or even death. The laws hold the manufacturer responsible for any harm made by the product. Claims for product liability are based on the theories of negligence, and breach of warranty.

The consumer does not have to be financially accountable for injuries caused by a damaged product. If you, or someone you know, has been injured as a result of a damaged product, contact the San Antonio personal injury lawyers from Ford and Laurel at 210.820.3434.

Liability Types
The three major types of product liability claims are:

Manufacturer defect. This happens when there is a lack of care when assembling the product or revision of the product, resulting in harm to the user.
Design defect. This occurs when the design of the product is flawed and harms users.
Failure-to-warn. Defects emerge when the manufacturer fails to warn the user on dangers that could be mitigated by a warning.
Most product liability laws are determined at a state level and they vary from state to state. And like any other claim, each product liability claim requires certain elements to be presented as a successful claim.

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How to File for a Wrongful Death Lawsuit

When going through an unfortunate time, such as losing a loved one, it’s hard to think about filing for a wrongful death lawsuit or if it applies to the situation. Deadlines vary depending on the state where you live, and if you are not careful, you will find yourself beyond the statute of limitations.

If you have been a victim of wrongful death, contact the personal injury lawyers from Ford & Laurel at 210.820.3434.

Important Deadlines
The statute of limitations protects the victim’s ability to file a lawsuit long after the incident took place. In other words, if you miss the deadline, you are no longer able to sue and collect damages if applicable.

Contact a personal injury lawyer to get the right guidance on state laws regarding the statute of limitations. There are situations in which a wrong death lawsuit cannot be filed. That is the reason why is important the situation is taken care of as soon as possible, and avoid injustice.

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What You Get for Your Personal Injury Case

One of the most common questions that arise when filing a personal injury claim is, how much will your compensation be? Generally, compensation depends on the severity of the case and the losses.

For more information about your personal injury case, or if you are thinking of filing a lawsuit, contact the San Antonio personal injury lawyers from Ford and Laurel at 210.820.3434.

What Influences the Compensation Amount?
Generally, compensation for a personal injury case is based on the monetary damages caused to the injured person. The compensation is usually settled between the two parties by the insurance companies, attorneys, and both parties.

Compensatory cases are the cases in which the injured is financially compensated for all the losses caused by the other party. Compensation for car damages and medical bills make compensatory cases easy to measure. Other non-material damages are harder to measure such as, pain and suffering, or mental damages.
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Dog Bites

Dogs love human interaction, and when dogs don’t get it from their owners, they might end up biting and attacking other people in frustration. Dog attacks are fairly common in the United States. In most cases, this attacks come from the animals that we don’t know. A dog bite can bring medical bills and lifelong scars and injuries. If someone else’s dog bites you, you don’t have to be accountable for these bills.

If you, or someone you know, has been attacked by a dog, contact the personal injury lawyers from Ford and Laurel at 210-820-3434.

One Bite Rule
By law, if the dog has a history of biting and/or being aggressive, the owner is responsible for any damages or injuries their dog causes. There is a one-bite rule for owners who have a dog who has exhibited past aggressive behavior. The one- bite rule protects the dog owner from any claims or liability for the damages caused by his or her dog. This rule applies when the dog has not bitten anyone before, but it no longer applies after the dog bites someone once.

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Wrongful Death

Wrongful death occurs when an individual’s death is caused by someone else’s negligence. Usually this claim is brought by the immediate family of the victim against the person held accountable for the death. Wrongful death action can bring help to the family who just experienced a sudden death as well as funeral expenses, medical bills, and settling that person’s estate. If you, or someone you know, has passed on as a result of someone else’s negligence, contact the wrongful death attorneys from Ford and Laurel at 210-820-3434.

Important Factors
In case of a wrongful death, there are laws that protect the survivors. In most cases the children filing for parent(s) death or vice versa. There are numerous different cases and situations where individuals file a lawsuit for the wrongful death of a loved one. When someone is in a situation like this, it is pivotal that they contact a wrongful death attorney for further assistance on the matter.

These are important factors to be taken into count when filing a wrongful death claim:

Financial damages.
If the victim has any dependents.
The negligent actions on the defendant’s part.

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Workers Compensation in Texas

Injuries occurring while on the job are often accidents, but in many cases could have been avoided. When an injury occurs due to negligence or dangerous work conditions, employees should know what workers compensation resources are available to them in Texas.

Contact the San Antonio Personal Injury lawyers at Ford and Laurel to learn more about workers compensation. This is a state-regulated insurance program for employees who have experienced work-related injuries or illnesses. Some employers offer the program. Your employer should inform you of whether or not it is offered.

There are four types of Workers Compensation benefits:

Medical benefits
Income benefits
Death benefits
Burial benefits
Find out more about these types of Workers Compensation benefits by speaking with the helpful personal injury lawyers at Ford and Laurel in San Antonio. Call us today at 210-820-3434.

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DWI Basics

Every year in the state of Texas, over 22,000 people are arrested for Driving While Intoxicated. Despite the fact that this number does not account for all the drunk drivers who were not arrested, this is an alarming number.

Even though most people disagree with driving while intoxicated, many people think they will be safe on the road. This is not always the case and someone could be severely injured, if not killed, due to negligent driving.

If you, or someone you know, has been involved in an automobile accident caused by someone who was driving while intoxicated, you should seek legal aid to try to obtain damages for any physical and emotional trauma you have suffered. The personal injury lawyers at Ford and Laurel, in San Antonio, can help you.

For information on what to do when you have been involved in an accident, refer to the following steps if you are undecided on whether to file a lawsuit.

First, ask yourself if you are comfortable with the progress of your injury, and if the insurance company is handling your claim correctly.
If the party who has caused you trauma offers you some form of compensation to prevent you from filing a lawsuit, he or she might ask for a signature. Do not sign anything until you have reviewed the terms. Getting a personal injury lawyer to review the documents is recommended.
Before you file a suit, consult with an attorney. He or she will inform you of the most strategic way to proceed with the process.
Once you have consulted a lawyer, and are ready to file suit, calculate the size of your claim.
Don’t wait to begin the legal process. Sometimes waiting too long to file suit will result in an inability to sue due to the statute of limitations.
Make sure your lawsuit follows Texas laws and limitations.
Meeting with San Antonio personal injury and DWI lawyers at Ford and Laurel will help you get a better understanding of what your next step should be. Contact the law office at 210-820-3434 to set up a consultation.

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What to Do if you have been involved in a Car Accident

Getting in a car wreck is one of the most nerve wrecking situations one can find themselves in. Our heart rate spikes and we stop thinking and it may take a moment to get your composure back. Now, it is important, before anything else, that we check the state of the other passengers in the car.

Steps
There are a million things racing through our minds when something like this happens, but the truth is, when it happens, we panic and we don’t know what to do. It is important that you remain calm at all times.

If possible, make sure that you get medical help as soon as possible. Whether it is a minor or a severe injury, it is crucial that you get medical attention because there are some injuries you don’t see or won’t feel until the adrenaline rush has passed.

Evidence is pivotal for the success of your claim. Pictures are of great use when it comes to evidence. If you don’t have a camera on hand, take note of what happened, the other driver’s license plates and names of witnesses.

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What To Do When Getting In A Car Accident

Life puts us in nerve-wracking situations in which sometimes we don’t know how to react. One of those situations can be a car accident. A car wreck can be so overwhelming, determining what to do next, rather than who is at fault, is more important. Negligent drivers cause car accidents. Unfortunately, at the time of the accident, everyone is too distracted to point fingers.

If you, or someone you know, have been involved in a car accident caused by a negligent driver, contact the experienced San Antonio personal injury lawyers from Ford & Laurel at, 210-820-3434.

What’s Next?
When getting in a situation such as a car wreck, it is hard to remain composed and decide what to do next. It is preferable that you take these steps to ease the process of filing insurance claims.

Check for any serious injuries. If serious injuries are present, go to the emergency room.
Ask for insurance information of the other drivers involved in the accident.
Take pictures. Pictures play a pivotal role in the financial compensation process. The more documentation you have, the easier it will be to prove who is at fault.
Report the accident to the police and contact your insurance company.

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Importance Of Photographs In A Personal Injury Case

One of the most important things to remember if you ever become involved in a car accident in San Antonio is to collect evidence. Collecting evidence is a crucial step that people often forget to take when involved in a personal injury or car accident.
For more information on collecting evidence for your personal injury, or car accident, in San Antonio, or any of the surrounding areas, contact the attorneys of Ford & Laurel at 210-820-3434.

A picture is worth a thousand words
The most helpful documentation of any accident is a photograph. The details found in photographs are key components in determining your damages and compensation.
It is not always possible to get a photo of an accident scene, but there are some things you can do once the situation has stabilized.

Carry a disposable camera in your bag or glove compartment.
Most phones come equipped with a built in camera and can be used to capture a scene.
Let others use your camera in case you can’t take the picture.

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Cyclist’s Life Threatened By A Negligent Driver

Cyclist, Deborah Moreno, found herself in a life-threatening situation this past summer. A distracted driver ran into Moreno, thrusting her atop the vehicle in an Edinburg neighborhood. The driver, who appeared to be looking through paperwork, struck her after stopping at the stop sign.

The accident left Moreno unable to ride her bike for two months. A bike rodeo organized by Moreno, with the help of Edinburg Police Department, helped raise awareness and promote the safe passing ordinance– which was adopted in the spring.

Luckily, this accident did not take Moreno’s life. However, there are many cyclists whose lives are taken by negligent drivers. If you, or someone you love, have been a victim of a negligent driver, contact San Antonio’s personal injury attorneys from Ford & Laurel, at 210.820.3434.

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Surgical Errors

When getting ready to go under the knife, the last thing you want to worry about is surgical errors. Sometimes, patients can become worried and with due right, because it doesn’t matter how well prepared the surgeon is or how much experience he/she has, they are still human and can make mistakes.

If you have been a victim of medical malpractice, contact San Antonio’s most trusted personal injury lawyer of Ford & Laurel at 210.820.3434.

Tips
The possibility of eligibility for compensation depends on the severity of the mistake and the condition in which the patient is in. Aside from the usual procedures, there are some things that can be done to prevent surgical errors, such as:

Remind the doctor what you are getting surgery for. It might seem an excess to actually remind him/her before going under, but it is important that you remind them just in case.
Ask your surgeon if he is marking the side where you are getting surgery. This could be a good reminder when you are already under.
Make sure you read all the paperwork they give you before the surgery, including the informed-consent. There, you will find who will be involved in the surgery besides your surgeon.

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Texting and Driving

With the explosion of the smart phone and the internet, texting has become one of the most popular ways of communication amongst people, and also one of the main reasons of car wrecks.

Many states are adopting laws that prohibit texting and driving. If you have been in a car wreck caused by someone who was texting and driving, contact the San Antonio personal injury lawyers of the Ford & Laurel Law Firm at 210.764.3980.

Texting and driving consequences
Texting and driving dramatically increases the risk of getting into a car wreck. Aside from affecting the car passengers tragically, a car wreck can affect other people on the road; such as killing pets, pedestrians who happened to be walking around the area, etc. The best way to avoid such accidents is to put down the phone while driving.

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Animal Attacks

Animal attacks are one of the most common reasons to file a personal injury claim. Some dog owners may not take responsibility for their dog’s behavior. Although there are some laws that protect animal owners from these law suits, sometimes the victim does not know what the guidelines are and if they are entitled to a settlement.

The personal injury attorneys at Ford & Laurel are here to help you learn your rights. For more information about personal injury claims, contact the San Antonio personal injury lawyers of Ford & Laurel at 210-820-3434.

Steps To Take
Pet owners are completely responsible for their animal’s behavior. If you have ever been a injured as a result of another person’s pet, you may be entitled to a personal injury settlement, depending on the severity of the injury.

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Personal Injury

Thousands of people are injured every year in a car crash caused by someone else’s negligence. Rehabilitation can take weeks even months. There is no reason why should you have to pay for those medical bill if it was someone else’s fault. Ford & Laurel Attorneys understand how hard it is to pay so many medical bills when you were not at fault. If you or someone you know have been injured because of someone else’s recklessness contact San Antonio’s personal injury lawyers from Ford & Laurel Attorneys at 210-820-3434.

A wide variety of injuries fall into the category of personal injury. There are laws designed to protect the one who has been injured due to someone else’s negligence. It is recommendable that you consult with a personal injury attorney who can help you interpret the law and help you determine the chances you have to get a compensation.

Injuries that fall into the personal injury category
Vehicle accidents. Most of the personal injury lawsuits are because of motor vehicle accidents.
Injured at birth. Sometimes when giving birth naturally the baby’s head can get stuck on the way out. Appropriate tests and treatments should be taken at the child’s birth. Negligence on the doctor’s part can lead to birth injuries.
Injuries caused by other people’s pets. People should take control of their pets and take responsibility of their actions. According to the Center of Disease Control, every year approximately 4.8 million people are bitten by domestic animals, and close to 800,000 need medical attention because of that.

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Why You Need a Personal Injury Lawyer

If there is any doubt about who is at fault in an accident, it is recommended that you hire a personal injury lawyer. Claiming compensation requires a lot of legal documentation which is why you should seek the advice of a lawyer.

If you have been severely injured in an accident, seek legal counseling from the experienced attorneys at Ford and Laurel. Call San Antonio’s trusted attorneys at 210-820-3434 to schedule a consultation.

Benefits of Having a Personal Injury Lawyer
There are many benefits that come from the services of a personal injury lawyer, for example:

A personal injury lawyer provides knowledge in this particular field. Personal injury lawyers have a large amount of knowledge regarding the subject matter and are informed with the latest improvements that are taking place in the law. These injury lawyers are well aware of the various loopholes that may prove to be beneficial for their client.

A personal injury lawyer will be able to handle challenging courtroom situations. Even if you decide to negotiate the matter out of court, your personal injury lawyer will make sure you do not agree for an amount that is far less than what you really deserve. He will calculate the amount of settlement taking into consideration your medical bills, and also the loss in earnings due to absence from work.

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Gathering Evidence For Your Personal Injury Case

After an accident, your first thought may not be to gather evidence of the scene, but doing so can ultimately help you win your case in court. One of the first steps in filing a personal injury claim is to develop supporting evidence against the defendant. If you want your case to be successful, you will need to prove your injuries and the event that caused them.

If you are interested in filing a personal injury claim, the experienced personal injury attorneys at Ford & Laurel can help you with every step, including gathering evidence. Contact San Antonio’s trusted personal injury attorneys at 210-820-3434 for more information.

Types of Evidence
There are many ways you can prove the accident occurred and that you were injured as a result, including:

Photographs of the injuries and/or property damage you suffered
Medical records documenting your diagnosis, treatment, and prognosis
Expert testimony concerning your injuries or the causes of your accident
Eyewitness testimony from anyone who witnessed your accident
Invoices for any expenses you incurred due to your accident

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