Long-term Payment Plans for Personal Injury Claims

A majority of personal injury claim often choose to have out-of-court settlement for a number of reasons. Settling out-of-court can save both parties from unnecessary expenses and valuable time that long court proceedings often demand. When negotiation occurs for injury claims, it is often understood that the payment would be given in a lump sum. What not many people know is that payment for the compensation can also come in long-term payment plans. Rather than a lump sum payment, some plaintiffs choose to have a structured payment plan that can span over a certain period of time.

Structured payments are a settlement payment plan that both the claimant and the defendant has agreed upon. Some of the settlement will be given in a lump sum, while the rest of the compensation will be a structured payment over an agreed amount of time. When both parties have agreed to the terms of the structured payment, the defendant (or their insurance company) will be responsible of transferring parts of the structured settlement to a separate insurer, typically a life insurance company who practices structured settlement payments.

A number of things can be negotiated and included in a structured settlement, such as the amount of payment to be received and the schedule of payment, the length of the payment plan, whether the lump sum is given at the end or if the payments will end after death or handed over to next of kin. These, and many other factors, can be arranged between the plaintiff and defendant, but it is important for the plaintiff to ensure that the company that will provide the payment is reputable and highly rated. This minimizes the risk of the company going bankrupt or fail, prompting the structured payments to stop. Just as with any negotiation and settlement, there are risks involved when choosing structured payment. Talking with a personal injury lawyer about the possibility of structured payment can help in lowering these risks and work out the best payment plan for the case.

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Aortic Stenosis with Depakote Use

Medical terms always make the essentially simple sound incredibly complex. Take for example congenital aortic stenosis, which may or may not be caused by the mother taking Depakote during the first trimester of pregnancy. Aortic stenosis simply means the valve is narrow on one end, causing some of the blood that should be going out into the aorta (the main blood vessel hat distributes blood and oxygen to the body) goes back into the heart (backflow). Some babies are born with one, two, or four tissue flaps called leaflets that prevent backflow instead of the normal three, and this can make the aortic valve less efficient in keeping the blood from going back in. So in simple terms, the heart has a leaky valve.

Congenital aortic stenosis will not always make life difficult for the baby at once, unless it is really severe. In such cases, the baby may die within two years from congestive heart failure. In many cases, the complications associated with having blood leak back into the heart may not manifest until adulthood, and the only way to fix it is to replace the valve. Symptoms of aortic stenosis include fainting spells, shortness of breath when physically active, and chest pains. Aortic stenosis is detectable in asymptomatic patients during a routine physical examination.

The link between maternal ingestion of Depakote and congenital aortic stenosis has not been established in any study. According to the website of Williams Kherkher, Depakote is associated with many birth defects. Depakote (valproate) is known to interfere with the development of the fetus by blocking some actions of the fetal DNA. It has been more closely associated with anencephaly, where the fetus is born with an underdeveloped skull and brain. In some cases, it is speculated that its effects may extend beyond the first trimester, as in hydranencephaly, where the developed cerebral hemispheres of the brain are deprived of oxygen. This results in cell death and eventual resorption. It does not take much to imagine that such systemic interference may lead to cardiac malformations as well.

If you or your child was born with aortic stenosis, and Depakote is in the picture, you may have a case against the drug’s manufacturer.

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Surgical Errors

When stepping into a hospital, a patient expects to be treated by experienced professionals that are diligent in helping them with their ailments. Yet it is not uncommon to leave these facilities in worse shape than a person entered because of the negligent actions of staff or physicians. Every year, roughly 4,000 surgical errors occur that lead to severe consequences and even death. These medical malpractices cost around $1.3 billion dollars every year in lawsuit and damages.

According to the website of Pohl and Berk, surgeons are required discuss common complications of surgery but do not warn patients about risks that a negligent staff could cause. Surgeons refer to surgical errors as “never events.” They are so called because these events should never happen. The years of training and practice that surgeons are required to accumulate are required to eliminate the possibility of these sometimes fatal mistakes occurring. Out of the thousands of surgical errors made annually, 59 percent result in injuries or complications, 33 percent result in permanent injury to the patient, and 6.6 percent result in death.

Common medical malpractice incidents in the operating occur when a surgeon or nursing staff leaves a foreign object within the body cavity, the wrong procedure is performed, or the wrong site was operated upon. Some incidents occur out of negligence by staffs who disregard safety precautions set in place to protect patients from these exact events.

“Time outs” to match medical records are frequently implemented to double or triple check that the correct patient is being operated on. Most operating rooms practice counting sponges and other medical utensils before, during, and after procedures to reduce the rate of foreign objects being left in the body. And generally surgical checklists are in place to keep the doctors and their attending staff accountable for their actions.
The consequences for these surgical errors can be dire, affecting the life of a patient and their family permanently. Consult an attorney in your area if you believe you or a loved one is a victim of a surgical error caused by a negligent surgical staff.

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The Aftermath of Burn Injuries

There is a principle in the first law of thermodynamics that says that energy can neither be created nor destroyed. Wood, when consumed by flame, simply turns to ash and smoke and rubble. It is not destroyed – rather, it is irreversibly changed. This is the fate that awaits victims of burn accidents. Though, in the very worst of cases, the victims of burn accidents do not live to see light again, there are some things that are more difficult to handle.

Such is the case of those who must now live on and survive after going through a burn accident. You know better than to treat potentially hazardous things with anything but care – the same cannot be said for everyone, though. And some people, through their negligence of how their actions could affect other people, could cause some serious injury.

Accidents happen, yes, but if it could have been avoided but wasn’t due to simple negligence or carelessness? Choices can be made freely, yes, but the consequences of these choices are not always quite as kind. According to the website of Pohl Berk, the victims of burn injuries have more than just physical injuries to care for as there are loads of financial constraints that must now be accounted for.

Sometimes, all it takes is a few careless seconds to cause irreparable damage to someone and nothing is quite as painful as surviving through degrees of burn injuries. The World Health Organization estimates that there are over 200,000 deaths due to household fires each year, most of which occur in low to middle income families. If you are an innocent victim who has now been made to suffer burn injuries that have irreversibly changed your physical state, as well as loss of precious and hard-earned possessions, due to simple negligence, it is your right and responsibility to seek legal aid in order to claim the costs of reparations owed to you.

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Overdiagnosis May be Considered Medical Malpractice

Quite a number of medical malpractice lawsuits are based on claims that the healthcare professional or provider made a medical error resulting in any number of serious gaffes; failure to diagnose, misdiagnosis, medication errors, wrong site surgery, retained surgical instrument, and so on. All of these are based on the allegation that somehow a mistake was made as pointed out on the website of Milwaukee personal injury lawyers at Habush Habush & Rottier S.C. ®. Overdiagnosis is slightly different.

For one thing, overdiagnosis is not an error per se. Many medical conditions are diagnosed based on a test or series of tests that have a certain rate of false positives. In other words, the tests may be carried out correctly and interpreted correctly, but positive indications of a medical condition may be wrong. This is normal, so it could be argued that because the tests were not infallible that the physician who makes an overdiagnosis is not at fault. This is not always true, as any San Antonio personal injury lawyer will explain.

Physicians and other healthcare providers are trained to assess the condition of patients based on a number of factors, one of which is laboratory tests. However, they have the discretion to question test results, knowing that false positives are possible, given a set of circumstances that appear to negate a positive result, or to temper a diagnosis because the results show incipient disease but at a level that is negligible or a natural sign of aging.

The most commonly overdiagnosed conditions include cancer, chronic kidney disease, low testosterone, and pre-dementia. Most people have the risk factors indicative of these and other medical conditions but many remain asymptomatic, or die of causes unrelated to these diseases before it has time to develop. Some do develop early signs of disease but which spontaneously regress with reasonable care.

As pointed out on the website of the Law Offices of Yvonne Fraser there are many ways that person is harmed by negligence. The danger of overdiagnosis is the effect on quality of life. People are so scared of becoming sick that even when there is every indication of good health, they undergo unnecessary treatments that are not only expensive but may have unanticipated consequences that have an adverse effect on health worse than the feared condition. A healthcare provider that knowingly overdiagnoses may be considered negligent when it leads to injury or harm to the patient.

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