Recent Blog Posts

Neurodevelopmental Disorders Including Microcephaly

Dr. Bruce Fagel — Mon, 14 May 2012 15:24:00 GMT

A disorder of neural development or neurodevelopmental disorder involves a problem with the development of the brain or central nervous system. This can cause developmental delays and other problems with a newborn such as seizures, mental retardation, impaired motor function, and microcephaly.

The definition of microcephaly is a small head. But there is a much greater medical impact to a child with microcephaly than just having a small head. Microcephaly is a neurodevelopmental disorder that will cause the child's brain not to grow or not grow to its full capacity. This disorder will cause the child to have a reduced life expectancy and a lack of normal brain function. A child with microcephaly will likely experience any of a number of the following symptoms including developmental delays, mental retardation, impaired motor function, seizures, hyperactivity, and an underweight dwarfed body. There is currently no cure for microcephaly, only supportive treatments to help the child better cope with the disorder.

Microcephaly can occur because of a genetic or chromosomal problem, a mother who has diabetes or abuses alcohol, or may develop due to birth injuries from medical negligence. If a baby suffers serious brain injuries during birth or post-birth, the brain may not grow, or may only slightly grow. Because the size of the baby's head is generally determined by the size of the brain, the infant's head will stay the same size as the face and body continues to grow.

Other neurodevelopmental disorders or disorders which may have neurodevelopmental origins include Down syndrome, autism, and cerebral palsy which can occur from a traumatic brain injury to a newborn.

If medical negligence is responsible for a neurodevelopmental disorder with your child, including microcephaly, you may have a medical malpractice case. You should contact the best birth injury lawyer possible right away to discuss your rights. Dr. Bruce G. Fagel is a top medical malpractice attorney and a licensed physician. Dr. Fagel practiced emergency room medicine for over 10 years before becoming a medical malpractice lawyer. Dr. Fagel can review your case, including your baby's medical records to determine if medical malpractice was responsible for the disorder.

Medical Negligence Responsible for Delivery Mistakes and Birth Injuries

Dr. Bruce Fagel — Fri, 11 May 2012 14:17:00 GMT

A birth injury can be one of the most frightening experiences a family can encounter. Medical professionals including doctors and nurses, all have an obligation to their patients to provide a standard level of care and treatment. This is absolutely vital to the health of the infant and the mother. If the doctor, nurse, medical staff, or medical facility is negligent with this care and it results in an injury to the infant or the mother, the family may be able to file a medical malpractice lawsuit in order to receive compensation for their damages.

One type of birth injury that can occur to a baby as a result of the negligence of a medical professional is cerebral palsy. Cerebral palsy is a term which refers to any of a number of neurological disorders which permanently affect muscle coordination and body movement. If your child is displaying the symptoms of cerebral palsy or other disorders of the brain, medical malpractice during the pregnancy or delivery may be to blame.

One problem regarding birth injuries, including some cases of cerebral palsy or developmental delays / mental retardation is the symptoms may not be detectable at birth. Sometimes it takes weeks, months, or even years for the symptoms to appear. This presents a problem for parents who believe medical malpractice may be the reason for the birth injury as the medical malpractice statute of limitations places a time limit on filing a medical malpractice claim and if the family waits too long, they may lose their opportunity to collect damages. It is important for parents to understand that disorders such as cerebral palsy or developmental delays are sometimes the result of a mistake made by the doctors or nurses in charge of the medical care during pregnancy or delivery. This is why parent's who are not sure if medical malpractice is the cause of their child's disorder should immediately contact the best birth injury lawyer possible, someone like Dr. Bruce Fagel to help them get the answers they need.

Many parent's whose child was involved in a birth injury from medical malpractice contact Dr. Fagel, not primarily for receiving compensation for the injuries but for receiving answers to how and why the injuries happened and getting the medical and legal help they need to move forward. Parents want to know who specifically was responsible for the injury and what type of resources are available to help them and their child. Often when a serious birth injury occurs, the medical staff and hospital responsible will remain silent and not provide the family with the answers they need. The family then feel abandoned and helpless. Dr. Fagel helps the family get the answers they need. Also with the complexities of a medical malpractice case, it can be very reassuring to a family to know that they can focus their attention on helping their family through a very difficult period, rather than worrying about how to handle a lawsuit.

A family who has experienced a birth injury from medical negligence needs the best medical malpractice birth injury attorney possible to examine the medical records and communicate with medical experts, including experts in the fields of obstetrics, perinatology, neonatology, rehabilitation, and life care planning. If you believe your child suffered serious birth injuries because of medical malpractice, you may have grounds to file a medical malpractice lawsuit. Contact Dr. Bruce Fagel right away for a free consultation. Dr. Fagel is a renowned medical malpractice attorney and a licensed medical doctor. Dr. Fagel understands exactly how the birth process should happen and where medical malpractice occurred in a birth injury.

Gastric Bypass Surgery Injuries and Medical Malpractice

Dr. Bruce Fagel — Wed, 09 May 2012 13:56:00 GMT

Gastric bypass surgery alters a patient's digestive system allowing them to lose weight by limiting the quantity of food the patient can eat. The surgery involves making the stomach smaller and allowing food to bypass part of the small intestine, which also helps the patient to absorb less calories.

Gastric bypass surgery has become such a common procedure that most people forget that it is still a major abdominal surgery, and with any surgery there are risks. Some of the risks include leakage from the stomach to the abdominal cavity, infection, respiratory problems, blood clots, and anesthesia errors.

Gastric bypass medical malpractice often occurs as a result of anesthesia mistakes. With the increasing number of procedures involving gastric bypass and other weight loss surgeries in surgical centers, medical centers, and doctor's offices, many new doctor's and anesthetists are entering the field, creating a number of medical professionals with inadequate training. Anesthesia mistakes can also occur when the medical staff does not properly communicate with each other or when they don't understand the background of the patient, including medical conditions or allergies.

Another problem with gastric bypass involves surgeries being performed outside the hospital setting such as in a doctor's office. Many doctor's offices and surgical centers do not have access to the same resources and medical staff that a hospital has, so if an emergency occurs, the patient may be kept waiting for a long period of time for an ambulance to arrive and transport him or her to the hospital. During this period, the patient's medical condition may escalate from a serious problem to a life-threatening situation, including severe and permanent brain damage, even death.

If you or a family member was seriously injured or died because of medical malpractice, including from gastric bypass surgery, you may have a medical malpractice case. Dr. Bruce Fagel is a top medical malpractice lawyer, specializing in surgical malpractice. In fact, Dr. Fagel is not only a leading medical malpractice attorney, he is also a licensed medical doctor and practiced emergency room medicine for over 10 years. This strong medical background and legal experience gives Dr. Fagel and his clients the edge they need when dealing with negligent doctors or medical staff. If you would like more information, including a free consultation, contact the Law Offices of Dr. Bruce G. Fagel & Associates today. There is also an informative gastric bypass surgery mistakes video featuring Dr. Fagel.

What to Think About Before Disconnecting Life Support for a Family Member

Dr. Bruce Fagel — Mon, 07 May 2012 14:34:00 GMT

When a doctor recommends taking a family member off of life support or signing a do not resuscitate form, is this the right decision? It depends on the specific situation and if there are financial motives involved.

There is probably nothing more heart-wrenching for any family than having to decide whether or not to disconnect life support or signing a do not resuscitate form for a family member who is not showing immediate signs of responding to medical treatment. Doctors and nurses also face a similar ethical issue when making a recommendation to a family as well. When facing this situation, the family decision makers must weigh the doctor's recommendation versus what their heart is telling them to do.

Situations involving a loved one on life support could involve a newborn infant with brain damage such as a baby born with a severe form of cerebral palsy, or a patient who ends up in a coma after a surgery because of an anesthesia problem. When a doctor approaches the family with a recommendation to disconnect their family member from a ventilator or requesting the family to sign a do not resuscitate order, the family needs to question whether medical malpractice responsible or does the doctor and hospital have a financial motive in mind.

Laws in some states such as California place a limit on non-economic damages for victims of wrongful death at $250,000. So if a patient dies because of the negligence of a doctor or hospital, the maximum recovery for non-economic damages a family can recover would be $250,000. However, the costs of keeping a patient alive with serious brain injuries could cost far more. If the patient is a newborn baby with a severe form of cerebral palsy, it could cost well into the millions of dollars for a life time of medical care and care giving, plus the lifetime of lost wages the patient would have earned.

It's very likely in situations like this, involving medical malpractice, that the doctor or hospital is not going to admit that it will cost far more money to keep the patient alive than to let them die. This is one reason why family members in this situation should be aware that the doctor's suggestion for ending life support may be financially incentivized. The family should consider getting a second opinion, including that of an experienced medical malpractice attorney, to determine whether medical malpractice played a role in the injury or not, and to provide the family with the answers they need so they can decide for themselves with independent facts what is the right decision to make.

The Law Offices of Dr. Bruce G. Fagel & Associates has handled many medical malpractice cases involving wrongful death and life support situations like this. Dr. Bruce Fagel is not only a top medical malpractice lawyer, he is also a licensed medical doctor, including practicing emergency room medicine for over 10 years. If you believe a loved one was seriously injured by medical malpractice, call us for a free consultation to find out what your legal rights are, including your right to be compensated for medical care for your loved one for as long as they need medical help or compensation for the family if a wrongful death occurred.

Brain Cooling for Newborn Infants with Hypoxic Ischemic Encephalopathy / HIE

Dr. Bruce Fagel — Fri, 04 May 2012 14:23:00 GMT

Hypoxic ischemic encephalopathy or HIE is a condition where the brain does not receive an adequate supply of oxygen. The three parts of HIE are the following: Hypoxia, involves a decreased amount of oxygen; ischemia, involves a decreased amount of blood perfusing the brain; and ischemia, involves a dysfunction of the brain.

HIE usually refers to brain injuries sustained by newborns. When an infant's brain is not receiving a proper supply of oxygen or blood flow, especially over a longer period of time, the baby's brain will attempt to repair the problem. If HIE is mild, the baby's brain should be able to repair itself without any serious problems; however, if the HIE is more severe, the baby can cause even greater damage by trying to repair itself.

Brain cooling is a procedure that creates a mild form of hypothermia in the baby during HIE to help reduce or prevent serious permanent brain injuries including cerebral palsy or death. Brain cooling uses a cooling cap or water filled blanket that lowers the baby's temperature to 91 degrees Fahrenheit for 72 hours. By lowering the temperature of the baby, the metabolic rate slows, preventing dangerous chemical reactions from taking place that could trigger additional rounds of dangerous reactions.

After the infant is subjected to 72 hours of brain cooling, he or she will be slowly and gradually warmed up to a normal body temperature for the next 6 hours. Research demonstrates that properly applied, brain cooling procedures have reduced death and disabilities in infant's with HIE.

A baby with HIE should only be given the brain cooling procedures if the following conditions apply:

If the baby suffered brain damage from HIE

The gestation period for the baby is greater than 36 weeks

Brain cooling only be initiated within the first 6 hours after birth

Brain cooling has recently been proven to be the only medical intervention that reduces permanent brain damage and death for a baby with HIE. Brain cooling has become widely used in neonatal units throughout America, and other countries as well.

If you believe your baby suffered serious injuries due to the negligence of a doctor, nurse, or hospital, you may have a medical malpractice case. Contact the best medical malpractice lawyer possible, someone like Dr. Bruce G. Fagel, immediately for a free consultation. Dr. Fagel is both a leading birth injury lawyer and a licensed medical doctor. Dr. Fagel understands exactly how the birth process should occur and where medical malpractice happened with a birth injury.

Do I Have a Medical Malpractice Case?

Dr. Bruce Fagel — Wed, 02 May 2012 14:42:00 GMT

If you or someone you love has been injured by a medical professional or medical facility, it may be the result of medical malpractice. It's important to understand that just because you were injured does not necessarily mean the doctor, nurse, or hospital was negligence in your injury. If you are asking the question, "do I have a medical malpractice claim?" three issues must be met for a medical malpractice case to be proven:

The negligence must be caused by a medical professional or medical facility.
The negligence caused the injury or death.
The damages were the result of the negligence.

Medical malpractice lawyers such as Dr. Bruce G. Fagel will address these questions and then proceed to examine the medical records. Medical malpractice cases can be very complex and expensive. A medical malpractice attorney will use expert testimony from medical professionals to prove the facts of the case and demonstrate that the medical care was below an acceptable standard of care for medical professionals in the community. For example, a medical malpractice case that involves significant brain injuries to children require medical experts in the fields of obstetrics, perinatology, neonatology, nursing, neuroradiology, neurology, rehabilitation, life care planning, and economics. Retaining these medical experts can cost well over $200,000 before trial. Expenses like these can sometimes be a financial hurdle for many attorneys who are unable to advance such large amounts of money upfront. An important question you should ask before retaining the services of a medical malpractice lawyer is how much money they have advanced on prior medical malpractice cases and how much money they are willing to advance with your case.

One of the advantages of hiring Dr. Bruce Fagel is that he is both a top medical malpractice attorney and a licensed physician, so he understands how to retain the highest quality medical experts and what questions to ask of them in order to prove where medical malpractice has occurred with your case. Much of the evidence necessary to prove a medical malpractice case can be found in the medical records. Being a licensed medical doctor gives Dr. Fagel the edge in personally reviewing the medical records and discovering where the medical malpractice happened. Also when dealing with doctors, nurses, and other medical professionals, Dr. Fagel knows how to get past the medical jargon that medical professionals often use to try to confuse an injured victim's attorney; and instead focuses them on answering the questions that involve proving where the medical negligence occurred in your case.

Once Dr. Fagel has come to the conclusion that medical malpractice was the cause of injury or death, the Law Offices of Dr. Bruce G. Fagel & Associates can then pursue the cases to a successful outcome for their clients. It's important to understand that medical malpractice cases can be some of the most expensive and complicated cases to pursue and the medical professionals and medical facilities usually retain top defense attorney's and are willing to invest a great deal of money to defend themselves from a medical malpractice lawsuit. Therefore, it is very important that you retain the best medical malpractice law firm possible in order to represent you; and doing this will help you obtain the maximum settlement possible for your case.

If you or a family member has been seriously injured or died because of medical malpractice, contact The Law Offices of Dr. Bruce G. Fagel & Associates for a free consultation. There is never a fee unless they win your case.

Birth Injuries Responsible for Developmental Delays and Mental Retardation in Children

Dr. Bruce Fagel — Mon, 30 Apr 2012 13:59:00 GMT

Pediatricians refer to developmental milestones in order to measure how a child is developing. These milestones refer to skills and tasks that most children learn by a certain age. Every child develops both physically and mentally and achieves various developmental milestones at different ages; however, if a child is significantly slower at achieving any developmental milestone, such as crawling, walking, talking, learning, and self-care skills, this may be a sign of a developmental delay, sometimes referred to as mental retardation, developmental disability, or intellectual disability.

Developmental delays can result from alcohol or drug abuse by the mother, genetic problems, chromosomal abnormalities, infections, or from medical malpractice, including if the infant suffered a lack of oxygen or blood flow to the brain, or trauma from a doctor's negligence. If medical negligence from a doctor or nurse led to the brain damage of the infant, parent's have a right to be compensated for damages. One problem with detecting a developmental delay or cerebral palsy is the symptoms aren't always recognizable right away. It could take months or even years for the symptoms to be noticeable; however, the symptoms will usually be apparent by age three.

This poses a challenge for parents who don't recognize the symptoms right away. If the parents discover after several years that their child has a developmental delay or cerebral palsy, and medical malpractice is to blame, they need to consult with the best medical malpractice lawyer possible who specializes in birth injuries right away. If the parents wait too long to file a medical malpractice lawsuit, they risk not being able to collect damages due to the statue of limitations for medical malpractice lawsuits. The statute of limitations creates a time period by which the injured party must file a lawsuit or lose the ability to collect damages for the injuries. The damages can include non-economic damages such as pain and suffering, and economic damages such as loss of future earnings and medical care, which can be a lifetime of medical care required.

When medical malpractice is the cause of the birth injury, there are usually two main types of injuries that can happen to the infant; injuries from a lack of oxygen or blood flow to the brain, and trauma injuries. If there is a lack of oxygen to the brain of the infant, this is called asphyxia or hypoxia. Asphyxia or hypoxia can cause serious brain damage to the child, even death. Depending on the extent of brain damage caused by the asphyxia, the child's injuries can range from mild to severe, and include developmental delays, paralysis, and cerebral palsy.

Cerebral palsy is one of the most serious birth injuries and can require a lifetime of medical care for the child. Developmental delays, cerebral palsy, and paralysis can also be caused by trauma injuries, including if the doctor uses too much force with the vacuum device or forceps to extract the baby during a difficult delivery. If the baby's head is too large to exit through the birth canal naturally, a doctor may need to perform a C-section. If the doctor or hospital refuses to perform a C-section when necessary, due to negligently not being prepared in advance for the difficult delivery or as hospitals sometimes do to save money and the baby suffers serious injuries, then the doctor and hospital may be liable for medical malpractice.

If you believe your child was seriously injured because of the negligence of a doctor, nurse, or hospital, you may have a medical malpractice case. You should consult with the best medical malpractice attorney possible who specializes in birth injuries and developmental delays.

Kernicterus in a Newborn Infant Caused by Hyperbilirubinemia

Dr. Bruce Fagel — Fri, 27 Apr 2012 13:57:00 GMT

Bile is a substance produced by the liver and released into the small intestine to help a newborn baby with digestion. A small amount of bile is released into the stool and must be replaced by the liver. When the liver breaks down old red blood cells, it produces bilirubin, which is then removed from the body through the stool. A high level of bilirubin or Hyperbilirubinemia may be a warning sign that an infant is in danger of experiencing serious medical problems including eye problems, hearing loss, developmental delays, kernicterus, and possible death.

Almost half of infants experience elevated bilirubin levels because their livers are not mature enough to break down the excess red blood cells they were born with. If the increase in bilirubin levels is small, then there usually is not a problem; unfortunately if the increase is substantial and left untreated, it can escalate into serious and permanent injuries to the baby.

It is important that hyperbilirubinemia be treated before it has the opportunity to advance into kernicterus. Kernicterus is a rare form of brain damage that occurs from a high level of bilirubin in the baby's blood. Severe jaundice, which is a yellowing of the skin and eyes, can cause hyperbilirubinemia in the baby's blood. The good news is severe jaundice can be treated with special lights called phototherapy, or with a blood transfusion.

There are symptoms of kernicterus that can be noticed. If these symptoms are present, then brain damage is already occurring to the infant and parents need to take the baby to the doctor immediately to help prevent further damage.

Kernicterus signs:

The infant is extremely sleepy
The infant does not startle from touching or sudden movements
The infant has an abnormally high pitched cry
The infant has an arched back and the neck is hyper-extended backwards
The infant suffers from seizures
The infant has a fever

Parents and medical professionals need to take high bilirubin levels and severe jaundice seriously. Because left untreated, these problems can escalate into serious and permanent injuries. Kernicterus can be prevented; however, if kernicterus has already begun, prompt treatment can help to prevent additional brain damage from happening. If the baby has kernicterus, there are treatments available, including speech therapy, physical therapy, and special education.

If your child has kernicterus, it may be the result of medical malpractice. You should consult with an experienced kernicterus attorney like Dr. Bruce Fagel.

Anesthesia Errors and Anesthesia Injuries from Medical Malpractice

Dr. Bruce Fagel — Wed, 25 Apr 2012 13:55:00 GMT

Anesthesiologists and anesthetists play a very important part of every operation. In addition to providing pain relief for the patient, they also have control of the patient's breathing, heart rate, blood pressure, and body temperature. Anesthesiologists ensure the safe delivery of anesthesia to the patient. They also manage pre-operative evaluation, consulting with the surgical team, and post-operative management of the patients.

Anesthetists are nurses who are board certified in anesthesia and may work under the supervision of a physician, whereas anesthesiologists are doctor's themselves, who complete an accredited residency program in anesthesiology, have more extensive training in anesthesiology, and are licensed to practice without the order of any other physician.

If you ask people what they fear most about having an operation, they will naturally say the surgery itself; however, most people do not think about the dangers of anesthesia and the mistakes an anesthesiologist or anesthetist can make. It's important to understand that a simple anesthesia mistake, if uncorrected can lead to serious brain injuries or even death for the patient.

Dr. Bruce Fagel is a leading medical malpractice lawyer and a licensed physician. Dr. Fagel has handled many medical malpractice cases where patients were seriously injured or died as a result of anesthesia mistakes. Often the anesthesia mistakes were caused by poorly trained anesthetists, who did not properly assess the situation. Often anesthetists work for doctor's offices, cosmetic clinics, and surgery centers, where patients come in for elective surgeries including bariatric surgery such as gastric bypass or lap band, or cosmetic surgeries such as liposuction or breast augmentation procedures. People naturally think because elective surgeries are so common-place nowadays that they are safe procedures; however, any operation carries the risk of serious injury.

It is important for people considering elective surgeries outside of a hospital understand there may be additional risks if there is a medical emergency. If an emergency happens outside a hospital, such as in a doctor's office, the patient will likely be kept waiting for many minutes while waiting for an ambulance to arrive to transport them to a hospital. A serious problem can escalate into a severe emergency during those minutes. Most doctor's offices and clinics do not have access to the same resources as a hospital, including advanced medical equipment and a staff of trained OR nurses, critical care nurses, and other emergency medical professionals.

If you or someone you care about has suffered a serious injury or died because of an anesthesia mistake or other type of medical negligence, you may have a medical malpractice case. Contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation.

Overcrowded Emergency Rooms Responsible for Doctor Negligence and Hospital Negligence

Dr. Bruce Fagel — Mon, 23 Apr 2012 14:10:00 GMT

Overcrowded hospital emergency rooms have turned into a major problem for hospitals and patients. Although most patients who visit an emergency room are provided the proper medical care they need, some patients are the victims of medical negligence. Because of the increasing load of patients in emergency rooms and the need to prioritize patients by the order of medical urgency, many things can go wrong. If a patient is improperly discharged from the hospital emergency room being told there is nothing wrong, if a patient is misdiagnosed, or a serious medical problem is overlooked, serious injuries can result from hospital mistakes such as these.

An example of a typical situation in which a patient in need of urgent medical care is kept waiting too long would involve a patient first being kept waiting for a long period of time in the emergency room before being admitted to the hospital, where the patient must wait yet again for a bed to be made available. The patient then has to wait a lengthy period of time for a nurse to arrive, then finally a doctor. This could result in hours of lost time causing the patient's condition to worsen, and a serious condition could escalate into a severe injury.

Examples of doctor negligence and hospital negligence because of overcrowded emergency rooms:

Patients who are left waiting too long causing their medical conditions to worsen

Doctor or nurse medical errors

Failure to properly diagnose the medical condition of the patient

Misdiagnosis of the medical condition

Medication errors

Surgical errors

Dr. Bruce Fagel has won and settled many medical malpractice cases against doctors, nurses, and hospitals due to emergency room negligence. Dr. Fagel is a top medical malpractice lawyer and a licensed physician, including over 10 years experience as an emergency room physician. Dr. Fagel understands exactly how an emergency room should function and where medical malpractice has occurred when handling a medical malpractice case.

Medical malpractice claims are very complex, so it is important to understand that proving a doctor, nurse, or hospital was negligent in a medical malpractice case can be very complicated, especially for an inexperienced lawyer who does not have extensive experience handling medical malpractice cases or understanding how an emergency room functions. In order to win the case or obtain the highest settlement possible for a client, the lawyer must be able to prove the connection between the negligent care and the injury or death to the patient. This is where having the legal and medical expertise of a lawyer who is also a licensed medical doctor, like Dr. Bruce Fagel is critical to winning the case or obtaining the maximum settlement.

Wrongful Death Cases and Medical Negligence

Dr. Bruce Fagel — Fri, 20 Apr 2012 14:09:00 GMT

One of the most difficult and stressful experiences any family can encounter is the unexpected death of a loved one. When someone dies from the negligence of a doctor, nurse, medical facility, or nursing home, the family has the right to file a wrongful death claim to recover damages. A wrongful death lawsuit protects the dependents of the victim by providing them with compensation for economic and non-economic losses caused by the wrongful death.

In a wrongful death case, the attorney will examine the medical records and autopsy report to determine cause of death and who or what was responsible for the wrongful death. In some cases, such as many elderly death cases, or patients with underlying medical conditions, no autopsy report exists; instead, the cause of death is left up to the opinions of the doctor who was treating the patient.

If the death was caused by the conduct of the medical professional or medical facility, and that medical professional or medical facility was negligent, and if there is a surviving beneficiary or dependent, and monetary damages have resulted from the patient's death, then a wrongful death claim can proceed.

In a wrongful death case, who are the plaintiffs?

The plaintiffs of a wrongful death case are the heirs to the decedent

In the event a wrongful death involves a child, then the parents are the heirs

If the decedent was married, then the heirs are the spouse and any children

If the decedent was not married, then the heirs would be the children.

If the decedent did not have any children, then the heirs would be the parents. If the parents are no longer alive, then the heirs would be the victim's siblings.

Each state has different laws regarding wrongful death. For example, in California, the law places a limited recovery for non-economic damages in wrongful death claims at $250,000. However, there is no limit on economic damages the family can recover based on the wrongful death. In addition, some non-monetary services the decedent provided for the family may be covered as well, such as a stay at home mom who provided daycare for the children.

There is an exception to the non-economic damage limit of $250,000 in a wrongful death case, and that applies to families whose loved ones died as a result of nursing home abuse, nursing home negligence, or nursing home neglect. In these situations, the family can obtain damages for pain and suffering the decedent suffered before death. This legislation was enacted to protect the elderly who are most vulnerable to abuse and to help prevent nursing homes and caregivers from abusing the elderly.

If you lost someone you love due to a wrongful death from medical negligence, you may have a wrongful death case. It is important that you consult with a California wrongful death lawyer who is familiar with the various laws of a wrongful death claim, including the laws regarding economic value of services provided by the victim to his or her family. Dr. Bruce Fagel has helped many families recover damages from wrongful death due to medical negligence. You can also view a wrongful death video for more information about wrongful death from medical malpractice.

Patient Safety in Hospitals and Doctor's Offices; How Medical Mistakes Place Patients in Danger

Dr. Bruce Fagel — Wed, 18 Apr 2012 14:47:00 GMT

Most people probably think they will never experience a medical mistake or medical error when visiting a hospital, doctor's office or medical facility for treatment. After all, these are highly trained medical professionals working in state of the art medical facilities. However, nearly every patient who enters a hospital does experience a medical mistake at least once during their hospitalization. Most medical errors are not serious or even detectable; however, sometimes medical errors cause serious and permanent injuries or even result in the death of the patient. In fact every year approximately 225,000 people die from medical malpractice, making this the third leading cause of death in the United States. Many additional people are seriously injured from medical errors as well.

One area people are least likely to believe a medical mistake will occur is after the completion of a surgery, especially a successful surgery. But this is one common place for a medical error to happen. After the completion of a surgery where the patient is recovering on the surgical floor or post anesthesia care unit, the surgeon usually defers to the anesthesiologist for all evaluation and management decisions. While the anesthesiologist has control over the patient's heart rate, breathing, and all critical life functions during surgery, the anesthesiologist also has control of the patient's life functions after surgery as well, and a simple mistake can cost the patient his or her life, or cause a serious and permanent brain injury. Anesthesia errors are increasing as well due to more common elective procedures such as plastic surgery being done in cosmetic clinics, doctor's offices, and surgical centers.

Patients who have been injured due to medical malpractice from a doctor, nurse, anesthesiologist or medical facility, need to consult with an experienced medical malpractice lawyer; especially an attorney with a strong medical background. Medical professionals know how to avoid responsibility for medical negligence and often use their strong medical knowledge to confuse patient's and even attorneys as to their role in a medical injury. This is why it is critical for a victim of medical malpractice to find a medical malpractice attorney such as Dr. Bruce Fagel. Dr. Fagel is both a top medical malpractice attorney and a licensed medical doctor. Dr. Fagel even practiced emergency room medicine for 10 years before becoming a leading medical malpractice lawyer. In fact, medical malpractice cases are the only cases the Law Offices of Dr. Bruce G. Fagel & Associates handles. This allows the law firm to specialize in one area and one area only.

If you or a loved one has been the victim of medical malpractice, contact the Law Offices of Dr. Bruce G. Fagel & Associates right away for a free consultation. There is never a fee unless we win your case.

Traumatic Brain Injuries to a Newborn Baby from Medical Malpractice

Dr. Bruce Fagel — Mon, 16 Apr 2012 13:58:00 GMT

One of the happiest moments for a mother is the joy of bringing a child into the world. When a birth injury occurs, such as a traumatic brain injury, especially one that causes severe and permanent brain damage to the infant, this can be one of the most frightening experiences imaginable for the mother and family. If doctor negligence is responsible for a serious injury to the baby, the family may file a medical malpractice lawsuit. There are many ways a doctor, nurse, or other medical professional's actions or failure to act may cause injury to a newborn baby, including improperly using the vacuum device or forceps when extracting an infant during a difficult delivery, or failing to perform a C-section promptly or not at all if required.

One of the duties of a medical malpractice attorney is to explain to a jury how a normal birth should proceed and how medical malpractice was responsible for the birth injury in a medical malpractice case. If for example, the baby is too large to exit the birth canal vaginally, the doctor should have monitored the pregnancy and been prepared to perform an emergency cesarean section. If an emergency happens, such as the infant's oxygen supply is being cut off, the fetal heart rate monitor can alert the doctor to the emergency. However, if the doctor or nurse ignores the warnings or the fetal heart rate monitor isn't working properly, and the baby suffers serious injuries as a result of the negligence, the doctor, nurse, or hospital may be guilty of medical malpractice.

Brain injuries can occur from a number of circumstances. If for example, the umbilical cord wraps around the baby's neck during a difficult delivery, cutting off the blood and oxygen supply to the baby's brain, a midbrain injury can occur, leading to cerebral palsy. Since there is no cure for cerebral palsy, the child will suffer from the disorder for the rest of his or her life. In this example, the baby will have normal cognitive functions but suffer from permanent paralysis.

The fetal heart rate monitor can warn the medical staff of a variety of emergencies that require immediate medical attention. If the doctors or nurses react quickly enough, the birth injury may be averted. If the staff does not react quickly enough, the difference in reaction time can prevent a minor birth injury from becoming a severe or catastrophic injury, including the death of the baby. The fetal heart rate monitor may be warning the medical staff that the infant's heart rate has significantly dropped. If the problem can't be resolved immediately, an emergency C-section may be necessary. If the medical staff ignores the warning, or if the fetal heart rate monitor isn't properly connected, or even malfunctioning, and in this situation, the doctor fails to perform a necessary cesarean section, the baby may be born with serious permanent brain damage. When the birth injury could have been prevented, but the doctor or nurse failed to take the proper action, then the parents of the injured baby should contact an experienced medical malpractice lawyer who specializes in birth injuries, as they may have a medical malpractice case.

How Medical Negligence can be Responsible for Cerebral Palsy

Dr. Bruce Fagel — Fri, 13 Apr 2012 13:48:00 GMT

Cerebral palsy is a term referring to a group of neurological disorders that affect muscle coordination and body movement. These disorders are non-progressive which means they do get worse over time. Cerebral palsy is not caused by irregularities in the muscles or nerves, but instead by abnormalities in the areas of the brain that control muscle movement. Cerebral palsy is a serious birth injury that can be caused by a number of reasons including trauma or lack of oxygen or blood flow to the brain. Cerebral palsy mainly occurs during the period when the infant grows in the womb, but can also happen during the first couple years of the baby's life, when the brain is still developing.

Cerebral palsy warning signs may not be apparent at birth; but instead may sometimes take months or even years to become noticeable. However, within 3 years, most symptoms will become apparent. This poses a challenge for parents who believe their child's cerebral palsy may be a result of medical malpractice, as the statute of limitations poses a time limit for the family to file a medical malpractice claim. Therefore any parent who believes their child's cerebral palsy may be the result of medical negligence by a doctor, nurse, or hospital, needs to contact a cerebral palsy attorney as soon as possible for a consultation.

There are several forms of cerebral palsy including spastic, athetoid, and ataxic cerebral palsy. Additional types of cerebral palsy include dyskinetic, hypotonic, and mixed cerebral palsy:

Spastic cerebral palsy is the most common form of cerebral palsy, encompassing approximately 80% of people with this disorder. It is characterized by stiff or difficult movement.

Athetoid cerebral palsy includes approximately 10% of cerebral palsy victims. It is characterized by uncontrollable or involuntary movements.

Ataxic cerebral palsy is characterized by a distorted sense of balance and depth perception. Children with ataxic cerebral palsy have difficulty coordinating muscle movements, may be unsteady, and show signs of shakiness.

Currently there is no cure for cerebral palsy. However, there are treatments that can help a victim better cope with the disorder. One form of treatment is physical therapy, which helps a child with cerebral palsy develop key motor skills in the large muscles of the body through the use of various exercises. Another form of treatment is occupational therapy which works on improving the functioning of the smaller muscles in the body, for example the fingers, toes, hands, feet, and face. Speech and language therapy helps the child learn how to better control the jaw and mouth, which may help with improving eating, speech, and other forms of communication where necessary. With some cases of cerebral palsy, surgery may be an option to help reduce the spasticity and improve muscle development. Another form of treatment may include drug therapy, which could help to reduce or prevent seizures.

If you believe your child's cerebral palsy may be the result of medical malpractice, you should consult with the best cerebral palsy lawyer possible, such as Dr. Bruce Fagel. The Law Offices of Dr. Bruce G. Fagel & Associates specializes in birth injuries. If you have a case for medical malpractice, Dr. Fagel can help you recover compensation to provide the medical care your child will require for the rest of his or her life.

Birth Injuries and Medical Malpractice from a High Risk Pregnancy

Dr. Bruce Fagel — Wed, 11 Apr 2012 14:50:00 GMT

All pregnancies carry a risk of a birth injury. Although most pregnancies have a small chance of encountering a birth injury, some pregnancies place a woman and her infant at an even greater risk. Examples of higher risk pregnancies include PIH (pregnancy induced hypertension), premature delivery, multiple births, advanced maternal age, vaginal birth after cesarean (VBAC), a large fetus, and a mother with a disease or infections. It is important to understand that just because a woman may be classified as a higher risk pregnancy does not excuse a doctor for being negligent. If a doctor or nurse is not proactively screening and providing treatment for a high risk pregnancy and the mother or baby suffer a serious injury or die from the negligence, the medical professional may be liable and the family may have a medical malpractice claim.

More information about high risk pregnancies:

Large Fetus: large babies create more difficulties during labor and delivery than average sized babies. If the infant can't exit the birth canal due to his or her large size, the obstetrician may need to use a vacuum device or forceps to assist with the delivery. Birth injuries including permanent brain damage and paralysis can occur to the baby if the doctor isn't careful extracting the baby. The doctor needs to monitor the ultrasound images throughout the pregnancy to estimate the size of the fetus and be prepared to perform a cesarean section should it be required.

Vaginal birth after cesarean or VBAC: 60% to 80% of women who previously had a cesarean section can deliver their next baby vaginally or VBAC. It is important to note that a small percent of women will experience a rupturing of the uterus delivering naturally, which can cause serious harm to the baby; and the baby can even die. Obstetricians need to provide additional attention to a VBAC pregnancy. The doctor can monitor the fetal heart rate monitor to make sure the fetus is not in distress. If the fetal heart rate monitor detects problems, the doctor must be prepared to provide an emergency C-section if required. Women considering a VBAC should research hospitals to ensure they are prepared for a VBAC. This includes having the ability to deliver a baby in less than ten minutes should a rupture of the uterus or other emergency occur. The hospital should also have 24 hour obstetricians and anesthesiologists available should an emergency, such as an emergency C-section is required.

PIH / pregnancy induced hypertension / preeclampsia: Most women with high blood pressure can deliver a healthy baby without serious complications. However, pregnant women with high blood pressure or PIH are more likely to experience complications during pregnancy than women with normal blood pressure. Pregnancy induced hypertension may escalate to preeclampsia or eclampsia if not properly monitored and controlled. This will cause the placenta to not receive the proper blood flow which starves the infant of a proper supply of oxygen and food. The baby may be born with a low birth weight and the mother can end up with kidney and organ damage as well.

Premature delivery / premature birth: A woman who is expected to deliver a baby prematurely is at risk for birth injuries and birth defects to the infant. Doctor's often have the ability to delay gestation so the infant can further develop and receive treatments, such as corticosteroids. The doctor will need to closely monitor the baby for signs of low glucose levels, signs of dehydration, and seizures. The doctor may even need to deliver the baby prematurely through a C-section if an emergency arises requiring immediate delivery.

If your baby was injured because a doctor or medical professional failed to properly detect or treat a high risk pregnancy and this lead to a serious birth injury, you should contact the best birth injury attorney possible, such as Dr. Bruce Fagel. Dr. Fagel is a leading medical malpractice attorney, specializing in birth injuries, and a licensed medical doctor.