Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPFrankovitch, Anetakis, Simon, Decapio & Pearl, LLP | WV Attorney2024-03-11T08:35:30Zhttps://www.faslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100638/2019/04/apple-touch-icon-75x75.pngOn Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518302024-03-11T08:35:30Z2024-03-11T08:35:30ZHypoxic-ischemic encephalopathy
Hypoxic-ischemic encephalopathy (HIE) occurs when there is a lack of oxygen and blood flow to the brain during childbirth. This can lead to severe brain damage and neurological impairment in the newborn. The effects of HIE can range from mild cognitive deficits to profound physical and intellectual disabilities, depending on the severity of the injury. Children with HIE may experience developmental delays and other lifelong challenges that require ongoing medical intervention and support.
Erb’s palsy
Another serious birth injury is Erb's palsy, which results from damage to the brachial plexus nerves during birth often due to excessive force or stretching applied to the baby's neck and shoulder area. This injury can lead to weakness or paralysis in the affected arm, causing significant functional limitations in daily activities. Children with Erb's palsy may require surgeries, physical therapy and assistive devices to improve mobility and function.
Cerebral palsy
Brain damage during birth may lead to cerebral palsy, a group of neurological disorders that affect movement, muscle tone and coordination. This condition manifests as difficulties with muscle control, balance and coordination, alongside challenges in speech, vision, hearing and cognitive function. Cerebral palsy is a lifelong condition that requires ongoing therapy, medical care and support services to help manage symptoms and improve quality of life.
The effects of serious birth injury on a child’s life can be devastating. If caused by negligence, legal guidance may be helpful in determining the appropriate course of action to seek compensation for medical expenses, ongoing care and other damages.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518282024-02-22T22:42:06Z2024-02-22T22:42:06ZAn interesting phenomenon has happened over the years, in that pickup truck design has changed significantly. Trucks in the past were smaller and had more simplistic designs, geared around a simple cab and a large bed to carry materials on a job site.
But modern trucks are much larger, and they keep getting bigger and heavier every year. Many people drive these pickup trucks when they’re just going to the office or the grocery store, rather than using them for any type of work or physical labor. Researchers have referred to this as truck bloat, and it has had a significant impact on the fatal accident rate in the United States.
Why vehicle size matters
There are a few issues with oversized vehicles, such as modern pickups. First and foremost, tall vehicles have huge blind spots. This is very dangerous for pedestrians and cyclists. For example, one study claims that if a vehicle has a hood that is 40 inches or more above the ground, it is roughly 45% more likely that that vehicle will kill a pedestrian. Additionally, the size and weight of a vehicle contribute to the amount of energy transferred into the other vehicle during a crash. Those in smaller vehicles typically have much more severe injuries and higher odds of passing away. A modern pickup truck could be twice as big as a passenger car, despite the fact that both drivers are simply commuting on the interstate.Have you been injured or lost a loved one in an accident caused by a pickup truck driver? If so, you may be able to seek financial compensation for medical bills, funeral costs, lost wages and much more.
]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518262024-02-09T00:03:19Z2024-02-09T00:03:19ZThe source of the information
The NHTSA's information on how these accidents were caused comes from police reports. Only reports that specifically mention cell phones as being a factor are used to compile these statistics.
For most motor vehicle accidents, the information in those police reports is supplied by the drivers themselves. Most people aren't going to admit to a police officer that they were using a phone while driving, especially in a state where it's illegal.
Other reasons for underreporting
There are a few other major reasons why cell phone-related automobile accidents are underreported. Distracted driving is a major cause of automobile accidents but the exact nature of the distraction can be difficult to determine. Police have limited time and resources and investigating a motor vehicle accident where no crime is believed to have been committed limits their ability to investigate murders and other violent crimes. Subpoenaing cell phone records is expensive and time-consuming, so police and lawyers generally won't do it unless they believe a crime has been committed or if legal action has been initiated.
Final thoughts
Cell phone-related automobile accidents are underreported because the statistics come from police reports. Unless a crime has been committed, the exact cause of distracted driving is often not investigated. They also rely on eyewitness testimony, which can be inaccurate or even nonexistent.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518232024-02-07T22:52:04Z2024-02-07T22:52:04ZOne of the main risks you face on the road comes from impaired drivers. Many of these drivers are under the influence of alcohol, and they are responsible for numerous fatalities and injuries every year.
But if drunk driving is so dangerous, why do people do it? Why are they willing to put your health in jeopardy by getting behind the wheel when they’re too impaired to drive safely? Here are a few common reasons.
They felt fine
The top reason, which is given by roughly one out of every three drunk drivers, is just that they felt fine. They thought it would be OK for them to drive their vehicle. Part of the reason for this may be that alcohol impairs judgment, so a drunk person is often unable to determine how impaired they actually are.
They weren’t going far
In about 10% of cases, drunk drivers will say that their destination was very close. They knew that they shouldn’t be driving, but maybe it was just a mile to their house. They decided to take the chance because that risk wouldn’t last for very long.
They didn’t have other options
Finally, many drivers will just claim that there wasn’t any other way for them to get to their destination. Maybe they tried to call a rideshare service but the wait times were very long. Maybe they tried to call a friend and didn’t get an answer. Eventually, they determined that the only way to get home was to do it themselves, even if they were impaired.These are just a few of the reasons why people drive under the influence and cause car accidents. If you have been injured in such an accident, be sure you know what legal options you have at your disposal.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518212024-01-28T20:47:37Z2024-01-28T20:47:37ZFor those who have chosen a profession that’s supposed to be about compassion and healing, doctors often hesitate to apologize when something goes wrong – or sometimes even to express any kind of sympathy. That’s how deeply ingrained the fear of malpractice claims and other sanctions is in so many medical professionals.
Most states have enacted laws in recent years that give doctors and other health care providers the freedom to apologize – or at least express some kind of remorse – when something goes wrong without that being used against them in a malpractice claim. State laws vary in just what kinds of expressions by a doctor can (and can’t) be used against them. West Virginia is among those states that give doctors full discretion to apologize for a bad outcome without that apology itself being admissible as evidence of malpractice.
What does West Virginia law say?
According to West Virginia’s law, “No statement, affirmation, gesture or conduct of a healthcare provider who provided healthcare services to a patient, expressing apology, sympathy, commiseration, condolence, compassion or a general sense of benevolence, to the patient, a relative of the patient or a representative of the patient and which relate to the discomfort, pain, suffering, injury or death of the patient shall be admissible as evidence of an admission of liability…in any civil action….”Nothing in the law, however, prevents patients and family from seeking to hold a doctor or other medical provider liable for harm. They just have to get their evidence elsewhere. Medical records, witness statements and testimony from “expert witnesses” regarding how treatment, diagnosis and procedures should go can all be used to present a solid case. A doctor’s apology can actually lead patients to that evidence. That’s why it’s crucial to listen carefully. It’s likely they’ll still be careful about what they say. Some cases of malpractice are easier to prove than others. It’s a complicated area of the law. A good first step if you believe you or a loved one has suffered harm from a medical provider’s actions or negligence is to seek experienced legal guidance.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518192024-01-11T16:50:06Z2024-01-11T16:50:06ZThere’s an old saying that most car accidents happen when you’re close to your house. People will often lament the fact that they crashed within just a few miles of getting home, feeling like they had almost made it safely to their destination.
Studies have found that this is more than just a popular saying. It’s true. In one study, roughly 62% of all car accidents happened within 7 miles of the individual’s house. This is true for both female drivers and male drivers. Most people who get involved in accidents, even those that are severe, will be relatively close to home when it happens.
Why is this true?
The biggest reason why this is true is just exposure. Car accidents only happen when people are driving, and most people don’t drive very far away from their home.For instance, consider someone who takes their children to school 5 miles from their house. The nearest store is about 2 miles away. Their daily driving will probably be within this radius.Even someone who works further away from home still may spend a significant amount of their commute in this danger zone. For example, if someone’s employer is 10 miles away, the majority of that drive still happens within 7 miles of the house. Since this is where people spend the most time in the car, it is naturally where accidents are going to happen most often.
Have you suffered injuries?
You may drive safely near your house, but you could always be hit and injured by another negligent driver. If so, be sure you know how to seek financial compensation for medical bills, lost wages and more.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518172023-12-28T16:11:06Z2023-12-28T16:11:06ZDoctors may use a very dangerous drug
There are a variety of medications approved to strengthen contractions or speed up cervical effacement and dilation during labor. Positions should rely on those medications rather than turning to a different drug with catastrophic risks.
Frustratingly, a small but concerning number of positions still administer the drug Cytotec (generic name misoprostol) to women during labor. The Food and Drug Administration (FDA) has approved the medication for use to treat ulcers. However, the drug specifically bears a warning that it can cause uterine rupture in pregnant women.
Despite this warning label, some doctors use the medication anyway because they assume that nothing will go wrong because nothing ever has gone wrong when they have used the drug before. Uterine rupture can cause the death of a child or the expectant mother. It can also lead to future infertility and a host of other medical challenges.
Scenarios in which a doctor very clearly deviated from best practices may give people grounds to pursue a medical malpractice lawsuit. Learning more about best practices can help people identify when doctors are in violation of them.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518152023-12-17T19:39:45Z2023-12-17T19:39:45ZDistracted driving is one of the biggest causes of auto accidents. There are three types of distracted driving: manual, visual and cognitive. In other words, distracted driving happens when a driver looks away from the road or takes their hands off the wheel or thinks about anything other than driving. The reason why distracted driving is so dangerous is because drivers reduce the amount of time and control they have to avoid an auto accident. There are many reasons for distracted driving. Here’s what you should know:
Texting and driving
Phones are designed to draw the attention of users. While this is good for people awaiting calls or texts, it can be a major distraction while driving. A phone call or text may lead a driver to take their hands off the wheel to hold their phone and look away from the road to answer notifications. Nearly every driver has a phone, which may be why texting and driving is one of the leading causes of distracted driving.
Eating and drinking
Drivers can conveniently go through fast food restaurants without ever leaving their cars. Many people eat or drink while driving. However, eating and drinking can be just as distracting as using a phone. A driver may use one hand to hold a drink or burger, for example. Spilling something can also cause a driver to look away from the road.
AC and radio
Surprisingly, using the AC or radio can lead to distracted driving. A driver may get bored of the radio station and try to change it. As a result, the driver is focusing on what’s on the radio more than what’s on the road. The same can happen if a driver suddenly realizes they are too cold or hot and tries to change the AC.If you’re in an auto accident because a driver was distracted, it can help to learn about your legal options when seeking compensation for your medical and repair bills.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518112023-12-06T20:39:10Z2023-12-06T20:39:10ZSurgical errors
During a knee replacement operation, the damaged bone is removed so the femur can be placed directly above the tibia. The bones are then adjusted to make sure that the tendons on each side of the knee are balanced. The metal artificial knee components are then cemented to the bones. When artificial knee components become loose shortly after surgery, it is often because they were not placed properly or the ligaments on each side of them were misaligned. Errors like these could indicate that surgeons failed to meet generally accepted health care standards, which is why knee replacement failures sometimes lead to medical malpractice lawsuits.
Physical therapy
Physical therapy and rehabilitation are crucial following knee replacement surgery because many of the patients who undergo the procedure suffer from arthritis. People with arthritic knees usually have limited joint movement and weakened leg muscles, and many of them adjust their walking styles to minimize discomfort. Experienced physical therapists can help people with artificial joints to walk normally again, but some patients are given no assistance at all after knee replacement surgery and are left to rehabilitate on their own. To avoid knee replacement failures, experts say patients should attend physical therapy sessions that include weight-bearing and muscle strengthening exercises for about three months.
Ongoing discomfort
In many cases, knee replacement failures occur because surgeons made mistakes or patients did not receive physical therapy. When patients are harmed because the treatment they received did not meet accepted standards, they may seek compensation by filing medical malpractice lawsuits.]]>On Behalf of Frankovitch, Anetakis, Simon, Decapio & Pearl, LLPhttps://www.faslaw.com/?p=518082023-12-03T17:07:23Z2023-12-03T17:07:23ZHoverboards can cause fires
Hoverboards are electrically propelled self-balancing devices that provide low-speed transportation. Using them is dangerous in its own right, but recalls don't occur because people fall off of hoverboards and get hurt. That is a basic risk inherent in the use of such products. Recalls occur when products have risk factors beyond what consumers could reasonably expect to encounter.
The recalls related to hoverboards have had to do with fire and explosion risks. There have been nearly a million hoverboard units recalled over multiple years in the United States because the batteries or the wiring used can trigger house fires. There have even been fatalities reported in the fires started by these devices.
Those considering a hoverboard purchase for the holidays should look into recalls and adjust their decisions accordingly. Tracking product safety issues can help those in the market for potentially dangerous items reduce the risk involved in buying holiday gifts.]]>