With the end of the year in sight, Turner Law thought it would be appropriate to go over one of the biggest elements to consider when deciding whether to file legal action when you have been injured — statute of limitations laws.

In all cases, an injured or wronged person has only a limited time in which to file legal action, so if you have a claim you must act quickly or your chance may be lost.

Prior to tort “reforms” in Michigan, these rules were liberally construed and fairly reasonable. Since the Michigan legislature undertook tort reform, and with the blessing of the state Supreme Court, limitations as short as one year have been upheld as “reasonable.” The Court has also enforced “notice” provisions that may require action within months.

Any seriously injured person must seek expert advice about the statutes of limitation from an experienced professional as soon as possible. Some of these statutory provisions are very complicated. The following synopsis is just a thumbnail educator and no summary should be relied upon as legal advice. Contact Turner Law at (248) 355-1727 for your free consultation to discuss the specifics of your case.

Statutes of Limitation

Whenever the law grants a right to seek recovery for wrongdoing, it also places restrictions on how long the victim has to take legal action. If the victim delays too long in seeking compensation, they are said to have “slept on his rights,” and the claim will not be heard. These limits are called “statutes of limitations” and they vary depending on the nature of the wrong that was committed. In many cases, there are other limitations on taking legal action, as well.

Other limitations include “notice” periods. In many circumstances, the injured victim is required to give notice of his injury within a time period that is even shorter than the specific statute relevant to a case. While we can’t laundry list all of the various notices codified in law, we have offered some of the most common examples for your edification.

No-Fault Auto

If you are injured in a car accident, you normally have the right to collect Personal Injury Protection (“PIP”) benefits from your own insurance carrier. The insurer must receive written notice of the injury within one calendar year, even if no benefits are currently payable. No-fault PIP benefits also have a unique limitation called the “one-year-back rule.”

Under this rule, a lawsuit must be brought within one year of incurring any expense, even if the no-fault carrier has been considering the expense and has not denied liability. No-fault law in Michigan is also unique in that the longstanding rules allowing infants and disabled people additional time to file suit sue cannot be applied to no-fault benefits.

The right to make a claim against the person who caused auto-related injuries normally carries a three-year statute of limitations. This can create problems in several situations. First, the victim can only sue if his injury is “serious,” and the courts often err on a definition of “serious” to mean “life-altering.”

If the injury is not “life-altering” within three years but becomes life-altering after three years, the victim’s right to sue is not extended. Furthermore, many insurers sell Underinsured Motorist Coverage with a statute of limitations of only one year: under these policies, an injury victim who is not aware of the wrong-doers uninsured or underinsured status, or who cannot prove a life-altering injury within 12 months, may lose his right to recover under the purchased policy.

There is also a short, one-year statute of limitations for taking action for damage to property resulting from a motor vehicle collision.

Insurance

Many insurance policies have a limited time allotted for notice or suit, and if the benefits are not mandated by the government the Michigan Supreme Court has held an insurer is free to incorporate any time limitations that it desires.

It is not uncommon for property damage provisions, fire insurance, and auto insurance policies to require a notice of loss that requires action while the victim is still reeling from the loss-causing incident.

The Supreme Court also held that it would not consider whether such limitations are “reasonable,” which and is contrary to the insurance law of many other states. All consumers are presumed by the court to have read and understood their insurance policies, despite the fact that most policies are incomprehensible — even to jurists. Thus, any claim that seeks compensation from an insurance policy must be examined immediately to assess how long you have to take action.

Medical Malpractice

Physicians and other medical professionals have always benefitted from a shorter (normally two-year) statute of limitations. When the suit is brought, it also must be accompanied by an Affidavit of Merit signed by one or more specialists with highly-specific qualifications, which leaves even less time to investigate a potential claim. (Click here for more on “highly-specific qualifications.”)

In addition, the Legislature created a mandatory notice-period in medical malpractice that prevents the filing of suit for 154 or 180 days, depending upon the wrong-doers response to the formal Notice of Intent to Sue.

Because the mandatory Notice of Intent is strictly construed and may be given undue importance, both legal and medical expertise must be incorporated in to that document.

In the case of medical malpractice injuries, there are exceptions to the statute of limitations where the injury was not “discovered” within the statutory period, or where it was fraudulently concealed.

The “discovery” provision allows only six months to take action, which means that a late-discovered claim must be explored by the victim immediately. There is also a Statute of Repose in medicine and in some other professional claims that places an outside limit within which any claim may be pursued.

Finally, there is a special limitation for children in the medical malpractice reform statute. Whereas children injured in many other contexts have until one year after reaching the age of majority in which to take legal action, children injured as a result of malpractice must normally sue by age 10, or within two years of the injury, whichever is later, even if they have not attained the age of majority when the statute of limitations expires.

Product Liability Claims

If a product liability claim alleges a personal injury, these claims must normally be pursued within three years; there is a three-year discovery period after any injury is identified in which late-identified claims may be pursued. If a product claim relates to damaged property or other non-injury losses, it is probably covered by the Uniform Commercial Code and carries a short, one-year statute of limitations. Check with Turner Law for applicability.

Standard Limitations

The basic Michigan statute of limitations for negligence is three years. However, there are so many exceptions that this limitation period cannot be taken for granted. For example, actions for slander, false imprisonment, and many other wrongs must be undertaken within one or two years of the injury suffered.

In essence, every injury should be analyzed carefully within a matter of months to determine the pertinent time for legal action. If action is delayed until the “11th hour,” a claim may be lost, or the ability to negotiate a reasonable settlement without filing suit may be squandered.

Statutes of Repose

In some settings, such as medical malpractice and building construction or design defects, the state Legislature has assigned an “outside date” after which no action will be allowed. In the case of the building, this time runs from the date of occupancy. In the case of malpractice, it runs from the date of injury.

There is a lot to digest here, and this is why representation by an experienced attorney is your best plan of action for obtaining the justice and compensation you deserve. For more information, and to discuss the specifics of your situation, contact Turner & Turner at (248) 355-1727 today for your free consultation.

It’s not uncommon to go to your local pharmacy and pick up a prescription only to discover that you’ve received the wrong drug, or the wrong dosage, or even the wrong directions for use, and these errors can result in serious and life-threatening injuries.

In fact, a January 2020 investigative story published in the New York Times asserted that pharmacists across the country expressed frustration that understaffing and increased responsibilities by pharmacists has led to “chaotic workplaces” that make it “difficult to perform their jobs safely, putting the public at risk of medication errors.” In fact, a pharmacist writing anonymously in response to the journalistic investigation stated, “I am a danger to the public working for CVS.”

As the story laid out, pharmacies have become hotbeds of mistakes that put patient lives at risk. And, it shouldn’t be surprising when, as the article explained, pharmacists “…struggle to fill prescriptions, give flu shots, tend the drive-through, answer phones, work the register, counsel patients, and call doctors and insurance companies . . . all the while racing to meet corporate performance metrics that they characterized as unreasonable and unsafe.”

Another pharmacist in the article asserted it was virtually impossible to complete the amount of work that needs to be done by pharmacists at nationwide chains like CVS, Walgreens, and Rite Aid without making some kind of mistake. Adding to the chaos, many corporate decisions like cutting down on staff, requiring pharmacists to complete more of the busywork that might be relegated to another pharmacy employee who don’t have the expertise to fill prescriptions, and truncating hours of service have exacerbated the problem.

More disturbing, a majority of states, including Michigan, do not require pharmacies to report errors, and there are no requirements for an investigation when a medication error does occur. Pharmacists and safety advocates imply that these points reflect a bigger issue: there is little being done about workplace conditions in pharmacies, and no meaningful attempts to change the safety of the workplace itself. Understaffing is among the leading worries. Pharmacists suggest that they would be able to do their jobs better, and with fewer medication mistakes, if understaffing were not a consistent problem.

Get the Facts About Medication Errors

Medication errors are a common type of medical error that can result in a patient injury and a medical malpractice claim. The following is information about medication mistakes from the U.S. Food and Drug Administration (FDA):

Medication errors are defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.”

Many different healthcare providers can be responsible for medication errors, including physicians, surgeons, pharmacists, and even assistants entering drug information into an electronic system. Common types of medication mistakes include dispensing the wrong medication, dispensing the wrong amount of medication, and failing to consider patient allergies or drug interactions.

If you’ve suffered injuries because of a medication mistake, you should discuss your case with a medical malpractice lawyer. For more information on your rights and remedies under the law, contact Turner & Turner at (248) 355-1727 for a free consultation to discuss your case.

Premature babies often require additional nutrition to support their development and offset their low birth weight. Many doctors will recommend a baby formula for premature children, but recent evidence has linked some brands of baby formula to necrotizing enterocolitis (NEC), a potentially deadly digestive disease that can cause problems for the rest of the child’s life. The cause of developing NEC is not fully understood, but studies have shown the introduction of cow (bovine) milk in newborns, which is commonly used as a base ingredient in many formulas, is a contributing factor.

Baby formula manufacturers are aware of the risk their product may pose to developing infants, yet after many years, they still don’t list it as a possible side effect.

While risks are low for most infants, there are several factors to be aware of if you are giving your newborn formula. Newborns most at risk from developing NEC, according to information from the University of Pittsburgh Medical Center, include premature infants (newborns with birth weights of less than 4.5 pounds make up about 80 percent of necrotizing enterocolitis cases), but full-term babies have also been diagnosed.

NEC often develops within the first two weeks of life, usually after milk feeding has begun (at first, feedings are usually given through a tube that goes directly to the baby’s stomach). About 10 percent of infants weighing less than 3 pounds, 5 ounces (or 1,500 grams) experience necrotizing enterocolitis.

The immature bowels of these babies are sensitive, and prone to infection. They may have difficulty with blood and oxygen circulation and digestion, which increases their chances of developing necrotizing enterocolitis.

If your child developed health concerns as a result of a baby formula product, contact Turner and Turner today for more information on how to fight back.

What Is Necrotizing Enterocolitis?

According to information provided by The Cleveland Clinic, necrotizing enterocolitis is a potentially deadly digestive disease that commonly affects newborn children. The disease eats away at the intestinal tissue in the body, which can form holes and allow bacteria from other areas of the body to enter and cause infection. The bacteria can lead to sepsis, abdominal infection, narrowing of the intestines, and short bowel syndrome, a condition that makes it difficult for the body to absorb nutrients.

How Dangerous Is NEC?

Major cases of NEC are life-threatening for underdeveloped infants, but even minor cases can damage the intestinal tissue enough to cause digestive health problems in the future. If the intestinal tract is severely damaged by the disease, the child will need to undergo surgery to remove the eroded tissue, which is problematic considering those prematurely born children aren’t fully developed and don’t have an abundance of that tissue. On the other hand, some infants will recover without issue, but there would be no cause for concern if the manufacturers had acted ethically in the first place.

Which Formulas Use Cow Milk as a Base?

Around 80% of baby formula’s use cow milk as a base, including:

• Enfamil
• Similac
• Earth’s Best
• Happy Baby
• Go & Grow
• Gerber
• Parent’s Choice
• Baby’s Only
• Louloka
• Holle
• Kendamil
• Bobbie
• Lebenswert

Many of these brands offer a different, non-cow milk formula as an alternative. If you’re feeding any of these brands of baby formula to your child, you should make sure that the brand you have is safe for your child’s growth and development.

What Are the Signs of NEC?

NEC happens internally, but there are some warning signs that can display evidence of the disease before it’s too late. You should make sure that the medical professional in charge of your child’s care is monitoring for the following symptoms:

• Abdominal pain and swelling
• Bloody stool
• Green/yellow vomit
• Changes in heart-rate/blood pressure
• Changes in body weight/breathing
• Lack of weight gain
• Refusal to eat

Who Is Liable if My Child Develops NEC From Drinking Cow-Based Formulas?

Manufacturers are responsible for honestly displaying their products’ side effects to the consumers who use them, but this is not the case since these formulas do not display any warnings of NEC as a potential side effect.

If your child developed NEC, you should explore your legal options, which include filing a product liability claim against the manufacturer or a medical malpractice claim against the doctor who gave your child the formula.

Contact Turner & Turner

If your child was diagnosed with NEC as a result of the baby formula they were fed, we understand how stressful and frustrating your situation can be. Our attorneys have years of experience in product liability cases like yours. When you need a law firm to fiercely advocate for the rights that protect you and your child, choose Turner & Turner to handle your case.

Contact Us today by email or call (248) 355-1727 to get started.

While the terms sound similar and are often used interchangeably, there are legal distinctions between medical malpractice and ordinary negligence. Knowing the difference is important when deciding whether or not you have a provable claim.

Simply put, the difference between medical malpractice and negligence is that medical malpractice is based on professional standards for trained medical services providers. In contrast, ordinary negligence is based simply on a general duty of care.

Medical malpractice depends on what professionals should know and do in any given situation. Ordinary negligence is based on any duty that one person owes another even without any specialized training or skills.

The difference between medical malpractice and negligence is the standard that applies to evaluate the actions of the person accused of causing an injury.

What is Medical Malpractice?

The legal criteria used to determine whether or not an injury is considered medical malpractice typically involves an incident that occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

1. A violation of what is known as the “standard of care.” The law acknowledges there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. (This is known as the standard of care.) A patient has the right to expect that health care professionals will deliver care that is consistent with these standards.

If it is determined that the standard of care has not been met, then negligence may be established. Determination requires that a medical professional within the same field of practice can state that, in fact, that standard was either not met or breached.

So, by way of example, if your child was injured during delivery, a general practitioner cannot — for the purposes of the law — make a determination that the standard of care was not met. Only a physician who practices labor and delivery can make that judgement.

2. An injury was caused by negligence. For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence.

An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

3. The injury resulted in significant damages. Medical malpractice lawsuits are extremely expensive to litigate, requiring testimony of medical experts and hours of deposition testimony.

For a case to be viable, the patient must be able to show that significant damages resulted from an injury received due to medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery.

To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, and hardship, or significant past and future medical bills.

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

• Failure to diagnose or misdiagnosis
• Misreading or ignoring laboratory results
• Unnecessary surgery
• Surgical errors or wrong site surgery
• Improper medication or dosage
• Poor follow-up or aftercare
• Premature discharge
• Disregarding or not taking appropriate patient history
• Failure to order proper testing
• Failure to recognize symptoms

How Turner and Turner Can Help

Even if it’s evident your case is either a medical malpractice case or based on ordinary negligence, how you plead your case is a critical part of your claim. With years of experience and thousands of satisfied clients, the attorneys at Turner and Turner have the experience and trial hours to properly evaluate your case and determine what causes of action you can pursue.

For a free consultation or for more information, contact Turner and Turner at (248) 355-1727.

Michigan Malpractice Laws – The Basics You Should Know

If you sustained an injury at the hands of a medical practitioner, whether through negligence or otherwise, you may be considering what legal options are available and whether your claim has merit. This type of claim is commonly referred to as medical malpractice.

The Deadline: Statute of Limitations

A medical malpractice lawsuit filing deadline, also known as a “statute of limitations,” is the law establishing a time limit on the right to bring a civil lawsuit to court. Under Michigan law, the statute of limitations [Michigan Compiled Statutes section 600.5805(8)] for filing a medical malpractice lawsuit must occur within 24 months of a health care provider’s action (or failure to act) giving rise to the claim.

Since it may take more than two years before malpractice issues present themselves, a carve-out extension [Michigan Compiled Statutes section 600.5838a(2)] states a medical malpractice claim must be filed within six months of when the patient’s harm was discovered, or reasonably should have been discovered, if more than two years have passed.

The carve-out is not unlimited though, as a superseding statute says all Michigan medical malpractice claims must be brought within six years of the act (or failure to act) giving rise to the claim, regardless of the discovery date. The one exception to this is where the health care provider intentionally concealed the malpractice (fraudulently), or injury that involves permanent damage to your reproductive system.

Minors, age 18 and under, as well as victims deemed “legally incompetent” at the time of the injury may have additional recourse since there are specific provisions built into state law medical malpractice statues. Your attorney can evaluate whether these are applicable.

Notice of Intent: Starting the Clock and “Expert” Requirements

Medical malpractice cases are initiated through a court filing called a “Notice of Intent to File Suit” (NOI). A Notice of Intent must be in writing and must be served upon every health care provider who will be named in the lawsuit, at least 182 days before the lawsuit itself is filed. (Serving the NOI pauses the statute of limitations for 182 days.)

State law also requires medical malpractice plaintiffs (you and your attorney) to submit an affidavit of merit, signed by a health care professional qualified under state law. Essentially, you need an individual having the expertise to validate your claim in a statement.

The medical expert must be a licensed health care professional practicing or teaching in the same specialty as the defendant(s). The expert must also have the same board certifications the defendant has (if any). For example, a general practitioner would not be qualified under this statute to offer an “expert” opinion in a medical malpractice case brought against an oncologist (cancer specialist).

Awards: “Economic” vs. “Non-Economic” Damages

Michigan Tort reforms included placing a cap on the maximum amount of “non-economic damages” available in medical malpractice claims. The cap was an effort to reign in exorbitant rewards for ostensibly minor injuries. The cap applies to the amount of compensation you can receive for “pain and suffering,” and other losses not easily quantified. The non-economic cap, which follows a yearly adjustment for inflation, is currently in excess of $470,000.

However, this cap does not apply to “economic” damages, which may include compensation for past and future medical treatment, lost income, and the capacity to earn income in the future.

In cases where the plaintiff suffered a permanent paralysis (hemiplegic, paraplegic or quadriplegic) due to a brain or spinal cord injury, or where there is permanently impaired cognitive capacity or permanent loss of (or damage to) a reproductive body part, the current cap is in excess of $840,000.

Liability: Who’s “At Fault” Matters

In Michigan, as long as the plaintiff bears no portion of fault, each health care provider whose negligence contributed to the plaintiff’s harm is on the financial hook for the entire verdict, jointly and severally.

In simple terms, this means you or your loved one may collect the entire judgment awarded from just one of the health care providers, a select few, or from all named parties. If you (the plaintiff) are found to bear some portion of responsibility, (referred to as an apportioned percentage of fault; a rarity in medical malpractice cases) then the defendants are liable only for their own percentage of fault. However, any uncollected damages can be reapportioned among the remaining defendants, according to their portion of fault, after six months.

Yes, it’s complicated, but that is why the first step in seeking damages is turning to an attorney you can trust, who knows the law, and has a record of obtaining the largest judgments allowed under state law: Turner and Turner is one of Michigan’s most well respected personal injury firms.

Call Turner and Turner at (248) 355-1727 for a free, no-obligation consultation to discuss the specifics of your case; learn whether your claim has merit; and, what compensation you are potentially owed.

IF YOU’VE BEEN involved in an accident you should absolutely consider hiring a personal injury attorney; naturally, many victims can feel intimidated or nervous about visiting a lawyer’s office for the first time.

However, there is no need to worry. Your attorney is your strongest advocate and best chance at recovering compensation due to your injuries.

Expect the Meeting to be Fairly Short

Your case is important and it’s important to your lawyer, too. Most initial consultations last about one hour. While that may not seem like enough time, an experienced lawyer knows what questions to ask to make that hour efficient and productive.

Expect Questions – Lots of Questions

In your consultation meeting, your attorney will ask you a number of questions; basic “who-, what-, when-type” questions. Specifically, in a personal injury case, a lawyer will also want to know the details of the accident. Other pertinent information needed includes some specifics about your insurance policy, injuries, and financial losses. Not to be forgotten is one of the biggest impacts of an accident: how the injury affected you emotionally. Takeaway: expect questions about your physical, mental, and financial health.

While it may seem unsettling giving personal information to a person you’ve just met, set aside any worry. First, Michigan ethic rules require all attorneys – even those you may not ultimately engage — to maintain the “attorney-client” privilege. The attorney-client privilege, with very specific exceptions, prevents members of the Michigan State Bar from discussing your case or its details with anybody. Takeaway: don’t hold back because the specifics matter; a licensed attorney will keep everything confidential.

Most importantly, your potential attorney will be unable to properly evaluate your case unless you provide a true and complete story. Holding back information, or changing a fact that seems minor, might cause your attorney to provide bad information. A good attorney will give you an honest evaluation, but no attorney can do this without all the facts.

Expect to Be Asked for Documents and Other Proof

Not only will you be asked many questions, but your attorney will likely request any proof you have or can get access to (see list of examples below). Before calling for an attorney consultation, or visiting the office, make sure you have these items at the ready.

Examples Some things that lawyers often ask for include:

• Communications from insurance companies
• A list of witnesses
• Messages from witnesses
• Pictures of the accident scene
• Pictures showing injuries to you or others
• Pictures showing property damage
• Medical records
• Medical bills
• Police reports
• Records of missed work
• Records of lost wages
• Records of normal wages (e.g. paystubs, W2, receipts)

While not a complete list, it gives you a rough idea of items you’ll need to gather in order to support your claim.

“Loose Lips Sink Ships” (Expect to Be Asked Who You’ve Spoken To)

While the statements you make to your attorney are confidential, things you may have said to others are not. You might have said something about the accident that might hurt your recovery without even knowing it. Your attorney may or may not be able to undo potential damage, but your attorney needs to know what was said and to whom in order to evaluate whether comments made could adversely affect your claim.

Expect an Evaluation and Explanation

Toward the end of your first meeting with a personal injury attorney, the lawyer should be able to tell you the pros and cons of your case. (Note: lawyers cannot, nor should, promise certain outcomes; they can only tell you what they expect, based on past experiences.) The lawyer may offer to take your case on the spot. However, you are under no obligation to agree; you have the right to both visit other attorneys. Takeaway: take time to evaluate the consultation before making a final decision.

Similarly, while some attorneys agree to take cases during a consultation, others may want to take a little time to decide. Note: If the lawyer chooses not to take your case, it is not your fault; there might be many reasons such as conflicts of interest or an inability to devote the time necessary to be the best advocate you deserve. Takeaway: Feel free to visit another office and get another opinion.

Expect to Talk About Money

You can expect the attorney to talk about money, including fees. The attorney should explain – in clear language – how the billing process works. The attorney should explain their hourly rate, charges for items such as investigations, ordering records, or even making copies. Note: Most personal injury attorneys work on a contingent fee basis, which means they receive a portion of any amount you recover after the lawsuit. (However, even in this arrangement, some attorneys still charge clients for certain costs.) Be prepared to ask the attorney specific questions about billing practices.

Be Prepared to Sign Documents

If you decide to engage your attorney after consultation, be prepared to sign documents. Signing a retainer or representation agreement will make the attorney your “official” legal representative in your case. Your lawyer may also ask you to sign releases allowing them to access insurance information, medical records, and other items.

Hopefully, this article has given you some insight answered about what to expect at your consultation visit to a personal injury attorney.

If you have more questions or need to speak to an experienced personal injury attorney, contact the Law Offices of Turner & Turner. Founding member Buzz Turner has more than 30 years of experience as an advocate for clients injured in vehicle-associated accidents, medical malpractice, and other personal injury claims.

Call Turner Law today for your free consultation at (248) 248-355-1727, email Turner Law or visit the Firm’s website.

Medical malpractice is always tragic; however, birth injuries are some of the most tragic cases because it’s a young life being irreparably affected as a result of someone else’s negligence. According to the American Medical Association, approximately seven in 1,000 births result in injury during labor and delivery.

Turner and Turner believes passionately in helping the families of these young victims pursue compensation for the injuries suffered during labor and delivery. These injuries are long-lasting, severe, and most tragically, avoidable.

If you’re a Michigan resident and your child suffered an injury at birth, you should speak with our birth injury lawyers immediately. Please call Turner and Turner today at (248) 355-1727 for a free consultation.

Who Can Be Held Liable for A Birth Injury?

Depending on the nature of the injury and the staff attending the birth, parties that may be held liable for birth injury include:

• Doctors and physicians
• Midwives
• Anesthesiologists
• Nurses
• Support Staff

In some cases, the company that owns or operates the hospital where the injury occurred may also be held liable. The parties at fault are case-specific and will be established while we are building your claim. We are prepared to hold every person who played a role in your child’s injury to full account.

Examples of Common Birth Injuries

Cerebral Palsy

Cerebral palsy is an umbrella for a collection of syndromes and symptoms in a baby or child stemming from hypoxic brain injury (lack of oxygen) during birth. A child suffering from cerebral palsy may have cognitive and/or physical abnormalities as a result of a lack of oxygen to the brain during childbirth.

Cerebral palsy is sometimes totally crippling, keeping a child unable to walk, talk or care for themselves. Milder forms of cerebral palsy may present as minor lack of muscular control and coordination. There is much hope for improvement with proper therapy and intervention. Children with cerebral palsy affecting their gait have been known to improve markedly as to essentially recover from the injury altogether.

Early evaluation and intervention are important. Dedicated parents and knowledgeable health care professionals can do a lot to help a child with cerebral palsy cope, even overcome the malady, in many cases. Securing the financial resources necessary to pursue your child’s greatest possible improvement is one objective of a birth injury claim when health care professionals were negligent during labor or delivery.

Erb’s Palsy

Erb’s Palsy is among one of the most common birth injuries our lawyers see. This condition can leave your child with a lifetime of decreased mobility or, in the most tragic of circumstances, paralysis.

Our birth injury lawyers understand the physical pain and emotional trauma of Erb’s Palsy, and the medical expenses that result from the treatment of this condition. We’re committed to fighting for you and your child.

Erb’s Palsy is a paralytic condition that results from an unsustainable stretching or straining of the brachial plexus. Your brachial plexus is a nerve cluster that runs from your lower neck through your shoulder and into your arm.

These nerves regulate much of the movement of the arm, which makes it an exceptionally important part of your body. The brachial plexus can be damaged in a number of ways, but the most common cause of Erb’s Palsy is trauma at birth.

It’s not unusual for an infant to require some deft maneuvering by attending physicians during the birth process to remove the fetus from the birth canal; a lot can happen to make it difficult for a baby to be birthed in the usual head-first fashion. This work isn’t easy, but it’s sometimes necessary.

However, doctors must be careful when delivering a baby in this way, as too much straining or stretching can damage and even sever the brachial plexus. This can reduce your child’s range of motion and even leave the arm paralyzed.

Obviously, this is a long-term, life-long condition, and your child will always bear the consequences. As such, you have a right to speak with our birth injury lawyers and pursue justice and compensation. We’ll be happy to answer all of your questions and advise you on how best to move forward.

Contact Turner and Turner today and understand your rights, and hold those whose malpractice has caused injury to your baby. These cases require lawyers with a great deal of medical and legal knowledge. Our attorneys will work with you to address your claim and handle it with great compassion.

The data — which was pulled from the National Practitioner Data Bank — shows that over a recent 10-year period, a small number of physicians with “distinctive characteristics” accounted for a disproportionately large number of paid malpractice claims.

The study looked at almost 70,000 malpractice claims against approximately 55,000 doctors from 2005 through 2014. The Journal analyzed data with the hope of “…understanding the distribution of malpractice claims among physicians. As the Journal stated, ‘If claim-prone physicians account for a substantial share of all claims, the ability to reliably identify them at an early stage could guide efforts to improve care.’”

The breakdown of the study’s numbers includes:

• Among all of the physicians with paid claims, 84% incurred only one malpractice claim during the study period, which accounted for 68% of all paid claims.
• Of the remaining physicians, 16% had at least two paid claims during the relevant time frame, accounting for 32% of the claims.
• The last 4% of doctors had at least three paid claims (if not more), accounting for 12% of the claims.

The Journal says it was able to determine by adjusted analyses that the risk of recurrence increased with the number of previous paid claims. “By calculating concentrations of claims among physicians the data shows that multivariable recurrent-event survival analysis identifies characteristics of physicians at high risk for recurrent claims [with ability] to quantify risk levels over time.”

Physicians who had three paid medical malpractice claims have three times the risk of incurring another paid medical malpractice claim in the future. One size does not fit all when it comes to recurrence according to practitioner specialty: the risk of malpractice among neurosurgeons, for example, was four times as great as the risk among psychiatrists.

The Journal’s conclusion boils down to this: “A small number of physicians with distinctive characteristics accounted for a disproportionately large number of paid [medical] malpractice claims.”

According to the National Practitioner Data Bank, medical malpractice claims have only continued to increase in actual dollars in recent years. As The National Trial Lawyers organization reported last February, 2013 saw $168 million more medical malpractice payouts than 2012 (a 4.7% increase). Most of the payouts are a result of settlements (96%) instead of judgments.

Settlements and Verdicts

A list of recent medical malpractice verdicts and settlements in the last year demonstrates that medical practice claims have only continued to increase — both in number of claims and in the millions of dollars physicians have paid out:

• $6.25M Settlement for Baby’s Brain Injuries at Birth
• $35.4M Verdict: Mother’s Stroke Following Childbirth
• Ovarian Cancer Malpractice Verdict: $11.325M
• $16.7 Million Award in Lung Cancer Lawsuit
• Widow Awarded $13M in Tonsillectomy Post-op Death
• Cervical Cancer Diagnosis Delay: $1M Settlement

These are just a sampling of the lawsuits, verdicts, and settlements relating to medical malpractice claims since 2014.

As The New England Journal of Medicine’s trends in medical malpractice claims demonstrates, repeat offenders are more likely than not.

Unfortunately, far too many injuries occur during childbirth and many of them could have been prevented.

Today, we are going to discuss one of the most common injuries to babies: Brachial Palsy, which is sometimes known as Erb’s Palsy. Brachial Palsy tends to refer to an affected shoulder, whereas Erb’s Palsy affects the upper and lower arm. Another variety of this condition is Krumpke Paralysis, which involves the hand and often a droopy eyelid on the other side of the body.

Brachial Palsy occurs when the brachial plexus (the network of nerves near the neck that connects to all of the nerves of the arm) is injured. It is most common when there is difficulty delivering the baby’s shoulder, called shoulder dystocia.

What are the results of Brachial Palsy?

• Palsy means weakness; Brachial Palsy causes a weakness in the arm, preventing normal movement.
• The baby often loses the ability to flex and rotate the arm, temporarily or permanently.
• The baby may not be able to move the shoulder, but may still be able to move the fingers or even lower arm.
• Loss of feeling in the arm, shoulder or fingers.
• There may be swelling and bruising around the brachial nerves.
• Torn nerves could result in permanent nerve damage.
• Partial paralysis can also occur in the most severe cases.

What causes Brachial Palsy?

In nearly every case, the baby’s neck is stretched during a delivery, causing damage to the brachial plexus. These deliveries typically include the following components:

• Breech birth (where the baby is coming out anything but head-first)
• Prolonged or complicated labor
• A particularly large baby
• Difficulty delivering the shoulder after the head has already emerged
• Extended time in the birth canal, requiring the baby to be removed with force

Brachial Palsy often is the result of medical malpractice, as a timely decision to deliver via Caesarean section typically prevents the damages of these complicating factors.

Brachial Palsy is diagnosed by the pediatrician. If your child is born with complications and birth injuries, including Brachial Palsy, you can expect to incur added expenses for treatment and therapy, possibly even surgery. Brachial Palsy requires daily physical therapy for as little as two weeks but for up to two years or even longer. Contact our office so we can help recover these costs and obtain the justice you and your child deserve.

But mistakes occur in hospitals. One of the largest areas of hospital mistakes leading to successfully litigated medical malpractice lawsuits are errors in patient medication. Research in the Annals of Pharmacotherapy states that blood thinner medications account for 7% of medication errors in hospitalizations.

Blood thinners are used to reduce the risk of heart attack and stroke. Blood thinners prevent the development of blood clots in arteries and veins.

There are two types of blood thinner medications: anticoagulants and antiplatelet drugs.

Anticoagulants extend the time it takes for a blood clot to form.  Antiplatelet drugs prevent platelets from grouping together.  Examples of anticoagulants and antiplatelets are Plavix, Xarelto, Coumadin (generically known as warfarin)  and the drug class known as heparin.

Blood thinners are implicated in complications caused by excessive bleeding. These events include intracranial hemorrhages, large drops in hemoglobin, and bleeding that requires medical intervention or even transfusion, as well as bleeding that brings on a cardiac event, and death due to bleeding.

The research particularly cautions health care providers to know the health history of the patients and to increase monitoring of patients on blood thinner medications.

If you believe you or a loved one has suffered due to an error in medication or any other medical errors, please contact us at Turner and Turner.