Steps to Knowing if Your Misdiagnosis is Malpractice

Steps to Knowing if Your Misdiagnosis is Malpractice

Charlotte NC Medical Malpractice Lawyer

If you have been misdiagnosed for a disease that you do not have, or if you have an illness that was not detected, you may be able to sue your doctor or hospital for negligence and medical malpractice. Physicians are expected to carefully review a patient’s symptoms and arrive at the best possible conclusion as to what that individual may have. If a doctor writes off possibilities, then this may be interpreted as negligence.

To prove that a doctor committed medical malpractice, a plaintiff is required to show that a doctor-patient relationship existed between the two parties and that the doctor was negligent in his diagnosis. This means that the doctor did not provide treatment in a reasonable skilled and competent manner or actually caused injury to the patient.

A misdiagnosis alone is not enough to create a viable medical malpractice case. Doctors make diagnostic errors all the time, and cannot be held liable if they make an honest error. It all depends on how the doctor arrived at the incorrect diagnosis. If the doctor did not act competently or failed to diagnose a condition that was obvious then this may be reason for a lawsuit.

Lawyers and plaintiffs need to look at the “differential diagnosis” method used to identify a disease or condition in a patient. Normally, a doctor identifies a variety of different illnesses with similar symptoms and then runs tests on a patient to determine which diagnosis is the most logical.

In order to prove that a doctor was negligent, the plaintiff and lawyer need to show that another doctor in the same specialty under the same circumstances would not have made the same mistake. Also, if a doctor failed to perform appropriate tests or seek opinions from specialists, and that resulted in a misdiagnosis, this would be another reason to seek compensation.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.

Share this article on Social Media!

5 Steps to Take When Attacked by a Dog

  1. Get to a place of safety first.  Never try to battle a vicious dog if you can escape by getting into a car or building.  If the dog is attacking someone else, your intervention could cause it to turn on you.  Do what you can to help other victims, but remember that your safety is priority.  Immediately call 911 if you witness a dog attacking anyone else.
  2. Seek medical attention immediately.  Dogs carry several diseases that are transmittable to human beings.  Even if you do not think your bite is severe enough to warrant medical attention, it is important to be tested for several types of infection.  Never assume that a dog has been vaccinated for rabies, even if the owner says the dog is current on vaccinations.  Rabies is a deadly disease that is still widespread in many areas of the country.  Assume that you have been exposed until you know otherwise, even if the owner is a friend or relative.
  3. Document the date, time, and place of the dog bite and collect records from your emergency room or doctor’s visit.  It is important to get pictures if possible of the conditions under which the dog was kept when you were bitten.  You should also, if possible, record the owner’s name, address, phone number, and any other pertinent information.  Some dog bite victims have returned to an owner’s home after treatment to find that the dog has mysteriously vanished, so even though it may be difficult to do, try to have someone take pictures of the scene before you go to the hospital.  Even a cell phone picture can provide proof of your claim.
  4. Ask the emergency room staff or the doctor to take pictures of your wounds before you receive stitches or other treatment.  Pictures really are worth a thousand words when you must file a suit for damages, and having documentation of how bad your injuries looked prior to treatment may help a judge or jury understand the extent of your trauma, especially if your case comes to trial some time after the incident when your scars have healed.
  5. Get the names of any witnesses to the incident.  Be sure to record any names, addresses, and phone numbers of witnesses, especially those who might be hard to locate after the fact.  If any of the witnesses know the owner or dog, ask them to give this information to law enforcement officers if the dog is loose.

Contact the Dog Bite Law Firm of Bice Law

As you can see, there are several factors that need to be investigated in a dog bite case. An investigation is needed to uncover the dog’s past behavior, to identify if any insurance is available to satisfy a claim, and to understand who was accountable. If you have a question about whether you have a potential dog bite injury claim, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a dog bite attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Thanksgiving Travel

Charlotte NC Auto Accident Lawyer

If you’re planning on  heading out to see family and friends over the Thanksgiving holiday, you’re not alone. Millions travel around the Thanksgiving holiday, and near 90 percent of them travel by automobile. Thanksgiving week makes for some very busy roads, and an increase by nearly 25 percent in car accidents. Charlotte  residents may be less likely to have to deal with some of the obstacles that occur more often in the north, such as snow or deer in their headlights, they can still get sleepy from too much food or from that glass of wine. Nearly 40 percent of fatal accidents that occur during Thanksgiving week involve a drunk driver.

With these additional challenges on the road being careful is not enough for many people as they find themselves in a car accident and may suffer a personal injury or may even know someone who gets killed in an automobile crash. With the holiday season just getting under way, it’s hard to think about. But knowing how to proceed in the event of an accident is important.

Taking care of any medical needs is of course near the top of the list of priorities. But it is also important to make sure police reports are complete, and witnesses have given statements telling what has happened. By keeping good track of the events of the accident as well as the aftermath you can remain confident in any legal proceeding that may follow.

Contact the Auto Accident Law Firm of Bice Law

If you have suffered injury from a vehicle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a vehicle accident attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf

Share this article on Social Media!

Cerebral Palsy, a Medical Error?

Charlotte NC Birth Injury Lawyer

The health of an infant is the main concern of most expectant parents. However, a child can sometimes be born with defects due to birth injuries. A birth injury may occur due to medical error, error during delivery or a C-section that was not done quickly enough.

Birth injuries may range from fetal lacerations to infant asphyxiation to cerebral palsy. Cerebral palsy, a common birth injury, continues to be a risk for infants. In fact, a recent study examined nearly 500 newborns that suffered from cerebral palsy and 100 of those infants died during birth. The study also highlighted the risk factors of cerebral palsy to babies. The researchers observed the following factors — birth events due to suffocation, inflammation or signs of infection, birth defects and growth restriction.

The researchers discovered that babies are twice as likely to sustain cerebral palsy due to suffocation or inflammation during childbirth. While they noted that suffocation or inflammation were not originally thought to be contributing factors in the baby’s cerebral palsy, 12.6% of newborns obtained cerebral palsy due to such causes. Additionally, growth restriction boosted the risk of cerebral palsy to newborns.

Cerebral palsy is a disorder that affects the newborn’s brain function and body movement. Unfortunately, babies with cerebral palsy may have a hard time living a normal life because such a disorder may require a great deal of care and supervision. Cerebral palsy can be challenging for the family because it can lead to long-term medical care and other expenses.

However, in instances where the parent observes that the treating physician’s medical error contributed to the infant’s cerebral palsy, the parents may wish to seek compensation by filing a medical malpractice lawsuit. Medical malpractice lawsuits concerning a baby’s birth injury may help the family recover compensation to pay for the baby’s medical needs, rehabilitation and other necessary expenses.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

A Charlotte Personal Injury Attorney Discusses Common Adjuster Ploys

Charlotte, NC Personal Injury Lawyer

It is a common practice for insurance adjusters to use certain tactics to delay or ignore negotiation or settlement of a claim. An experienced Charlotte personal injury attorney will be familiar with such tactics and advise you on how to respond.

Reservation of Rights Letter

If there are any doubts lingering about insurance coverage, the adjuster might decide to delay making a settlement offer. Your Charlotte personal injury attorney will tell you that this will usually become apparent when the adjuster sends you (the policyholder) a reservation of rights letter, which notifies you that:

  1. The policy may not cover certain losses.
  2. The insurance company is reserving its right to deny coverage in the future.

If you received this letter, then your Charlotte personal injury attorney will take it as a sign that the adjuster wishes to avoid engaging in settlement negotiation. He should keep constant contact with the adjuster to find out whether the policy covers the losses.

A Charlotte Personal Injury Lawyer Explains the Ostrich Method

Your Charlotte personal injury attorney may not receive any response from adjusters when it comes to phone calls, letter or fax inquiries. It is possible that the adjuster is simply bogged down with a huge caseload and doesn’t have time to call back immediately. But this could also be a stalling tactic. The adjuster may be employing the “ostrich method”—avoiding contact (sticking their heads in the sand like an ostrich) because he is not ready to answer questions about the claim value.

Adjuster Claims That He Cannot Locate Claim File

Another tactic is when the adjuster claims that he cannot discuss valuation with your Charlotte personal injury lawyer because he either cannot access or locate the claim file. This is a plausible excuse, since in most claims operations, the adjuster’s file is expected to be located in central filing area with limited access rather than the adjuster’s desk. Furthermore, it’s not unusual for the file to get misplaced, lost or misfiled in busy claim offices. Your lawyer may suspect that the adjuster is simply trying to stall negotiation, but there’s no way to be sure if that is the case.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Interlock Device to Help Curb Drunk Driving

Charlotte NC Auto Accident Lawyer

Every 51 minutes, someone dies in a drunk driving accident. This amounts to more than 10,000 deaths annually due to a drunk driver, according to statistics compiled by the National Highway Traffic Safety Administration (NHTSA)

The majority of  fatal car accidents involving alcohol, NHTSA noted the drunk driver had a blood alcohol content level (BAC) of more than double the legal limit of 0.08.

According to the Insurance Institute for Highway Safety, more than 7,000 lives could be saved each year if no one drove with a BAC over .08. As such, a federal law that went into effect gives incentive for the use of ignition-interlock devices.

An ignition interlock is a device attached to the ignition of one’s car that prevents a driver from starting a car until the driver has blown into a sensor and registered a BAC under .08 – thus preventing a drunk driving accident.

Since a new transportation law has been put in place, all states that require interlock devices for drivers convicted of DWI will now receive extra funding. Currently 17 states have laws requiring use of ignition interlock devices for first-time drunk drivers as a condition of getting their driving privileges back. The exact BAC settings vary, based on the state. Some have zero-tolerance and others are allow some alcohol content, but it must be under the legal limit.

Drivers have to bear the cost of having the device installed, as well as monthly fees to maintain it. Safety officials believe that use of such devices not only prevent repeated drunk driving accidents, but also deter others from driving after having had a few too many drinks.  About 146,000 ignition interlock devices are currently being used in the United States.

North Carolina
§§20-17.8(a), (b) and (c)
§20-179.3(g3) and (g5)
§20-17.8(c)
Persons eligible for restricted driving privileges may be required to operate motor vehicles equipped with an ignition interlock device. This requirement is mandatory if the BAC was greater than 0.16 or if the person is a second or subsequent offender (within 7 years).
After license restoration, required ignition interlock usage is as follows: 1 year if license revocation was for 1 year; 3 years if license revocation was for 4 years; and 7 years if the license was permanently revoked but can be restored.
Tampering or attempting to circumvent the interlock system is a Class 1 misdemeanor.

South Carolina
§56-5-2941
The Department of Motor Vehicles must require the person, if a subsequent offender, to install an ignition interlock device. The DMV may waive the requirements of this section if it finds that the offender has a medical condition that makes him incapable of properly operating the installed device.
The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is 2 years for a second offense, 3 years for a third offense, and the remainder of the offender’s life for a fourth or subsequent offense. Notwithstanding the pleadings, for purposes of a second or a subsequent offense, the specified length of time that an interlock device is required to be affixed to a motor vehicle is based on the Department of Motor Vehicle’s records for offenses.

Contact the Auto Accident Law Firm of Bice Law

If you have suffered injury from a vehicle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a vehicle accident attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf

Share this article on Social Media!

Hospital Error’s Going Unreported

Rock Hill SC Medical Malpractice Lawyer

For every 7 errors that occur in hospitals affecting Medicare patients, employees recognize and report only one, according to federal investigators. The report says, even when preventable events such as infections and injuries are investigated, steps are not taken that would prevent them from recurring in the future.
In order to be paid by Medicare, hospitals are obligated to track mistakes, analyze them and ensure that they won’t happen again. But the federal investigators who conducted the study say that isn’t necessarily being done. This leaves the door open for potential medical malpractice lawsuits.

Part of the problem seems to be that hospital employees don’t always recognize an event that warrants being reported. Sometimes they don’t realize patients are actually harmed, and sometimes they assumed someone else would report the incident. Occasionally, employees would assume that the event was an isolated incident and would be unlikely to recur.

In order to clear up confusion and standardize what would be considered a reportable event, Medicare says it will create a list of such events for employees to refer to. Officials also said that they will encourage hospitals to give their employees more detailed instructions about how to report these errors.
Medical malpractice occurs more frequently than many people in South Carolina may realize, as demonstrated by this study. People who suspect that errors have been made with their care, or the care of a loved one, may wish to consult with an attorney to review their options.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Unfair Claim Practices Explained by a Charlotte Personal Injury Lawyer

Charlotte, NC Personal Injury Lawyer

There are laws in place that govern how personal injury cases are processed. Your Charlotte personal injury lawyer can educate you concerning the Unfair Claim Practice laws in your state.

State Unfair Claim Practice Laws

One of the practices covered under UCP (Unfair Claim Practice) law regulates the time limits involved for investigations undertaken by adjusters. Your Charlotte personal injury lawyer can refer to this if the adjuster is progressing more slowly than is necessary for the proper disposition of the case.

Setting a Time Frame

To ensure that the investigation proceeds in a timely manner, your Charlotte personal injury lawyer can make a written request via certified mail, courteously giving a reasonable length of time in which the adjuster may answer. While the success of this is uncertain, your attorney loses nothing with the effort. If all else fails, your attorney may seek to go over the adjuster’s head to his manager or corporate headquarters.

Litigation

By beginning legal proceedings, your Charlotte personal injury attorney involves legal counsel on the other end. This may act as a spur to the adjuster to move more quickly, as the defense attorney then assumes control and may remind the adjuster that legal proceedings involve considerable expense that the insurer may not wish to incur.

Inquiries

You and your Charlotte personal injury attorney can keep the process going by asking the adjuster questions related to the processing of the claim or that might move things along at a quicker pace. For example, your attorney could ask, “Will it speed things up if we give you such-and-such information?” This tells the adjuster that a time commitment is required.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

 

Share this article on Social Media!

Brain Injuries Connected With Vision Problems in Veterans

Rock Hill, SC Traumatic Brain Injury Lawyer

The Veterans Affairs Medical Center, Washington, D.C., completed a study showing the connection between veterans suffering mild traumatic brain injury and chronic vision disorders. Researchers noted that 67 percent of patient respondents reported vision problems, although none of them suffered any direct eye wounds.

Rock Hill-area veterans suffering these mild brain injuries experience similar problems. This survey shows that vision issues continued more than a year after respondents suffered their mild traumatic brain injury. Common vision problems include the inability to focus both eyes at the same time to read and a sensitivity to light. In addition, their ability to adjust their focus when moving from looking at far away objects to close ones is also often impaired.

Many respondents stated that it took five years or more to recover their unimpaired vision, much longer than most sports concussions and other mild brain injuries. Eye physicians agree that their military veteran patients often complain about double vision, along with the focusing problems recorded in the study.

Another study, completed by the Miami Veterans Affairs Medical Center and the University of Miami, found that war veterans suffering post-traumatic stress disorder (PTSD) also have vision disorders, particularly dry eye syndrome. Researchers examined the medical records of over two million veterans. They found that around 20 percent of those with PTSD also suffered from dry eye syndrome, which causes their tear glands to malfunction.

Contact the Traumatic Brain Injury | Head Trauma Law Firm of Bice Law

If you have experienced a traumatic brain injury, take the first step to protect your legal rights– contact the personal injury firm of Bice Law serving both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a traumatic brain injury attorney Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Source:http://medicalxpress.com/news/2012-11-brain-injury-stress-disorder-strong.html

Share this article on Social Media!

Common Car Accident Injuries

Rock Hill SC Auto Accident Lawyer

Statistics around the world have revealed that car accidents are on the rise due to reckless and rash driving sometimes resulting in severe injuries. Such injuries can cause one to become handicapped.
Here is a look at a few of these injuries, which are most common in car accidents.

  1. Spine, back and neck injuries – Medical experts refer to it as a whiplash injury. It is caused by a motion of the neck and back, which result in damage to the muscles. It can cause life altering spinal injuries and in the most severe cases, it has even caused paralysis of the lower body.
  2. Concussion – It is an injury, which requires immediate attention as delaying its treatment can cause permanent brain damage. This becomes increasingly dangerous as it can cause severe brain damage. A concussion occurs when the brain is shaken or jostled inside the skull due the impact of the car crash and is susceptible of hitting the walls of the skull. Severe concussions are commonly known as Traumatic Brain Injury (TBI) by medical experts. Mild concussions can be easily treated by a physician if caught early on.
  3. Internal injuries – These injuries are often ignored by people as their symptoms are not visible immediately, but treating can be extremely important. Internal injuries refer to the damage caused to the internal organs due to the impact of the car crash. The most common organs that get affected are the heart, lungs, kidneys, bowels, liver, and spleen. Most internal injuries are caused by broken bones due to the nature of the bone placement damaging vital organs. For example, fractured ribs can puncture the lungs which can cause excessive bleeding which can ultimately result in difficulty breathing or death.
  4. Psychological – Doctors tend to focus on the physical injuries when a car accident happens. They tend to ignore the psychological impact of the accident on the victim(s). Most accidents cause loss of life, which people find hard to recover from. This, in turn, results in emotional distress and can cause post traumatic stress disorder. Post traumatic stress disorder is where the person suffers from symptoms like anxiety disorder making the brain incapable of forgetting trauma. Other symptoms may include isolation, social anxiety, loss of emotions, high levels of depression and sleep disturbance. It could also lead to other psychological disorders if not treated in time.

Contact the Auto Accident Law Firm of Bice Law

If you have suffered injury from a vehicle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a vehicle accident attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!