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Lexington KY Medical Malpractice Law Blog

How are women protected from birth injuries?

A woman who has a baby goes through a lot of changes during labor and delivery. There are serious risks associated with labor and delivery that most women are well aware of. Our readers in California might be interested in learning about how the Newborns' and Mothers' Health Protection Act serves to protect new mothers and newborns from potential harm.

What does the NMHPA do?

Ward of the state files claim based on nursing home neglect

Kentucky residents might have been shocked to hear of arrests made in regards to nursing home neglect and abuse a month ago. As shocking as that was, it was a good reminder for anyone with a family member in a nursing home to keep a watchful eye on what is going on. In the most recent development for the case that led to those three arrests, the patient has filed a lawsuit against the Genesis HealthCare's Edmonson Center.

The 82-year-old woman is a ward of the state. Her complaint against the nursing home seeks compensation for mental anguish, medical expenses, punitive damages, physical pain and suffering and emotional distress. The woman, who still lives at the home, was subjected to mental and physical abuse, according to her complaint.

Take a stand against nursing home neglect and abuse in Kentucky

If you have been following our blog, you know that we don't believe that people in nursing homes should be neglected or abused. In last week's post, we discussed the elements of a nursing home neglect case. After reading that post, you probably noticed that there are some very specific considerations for people who are filing lawsuits for nursing home neglect or nursing home abuse in Kentucky. Ensuring that those all elements of a nursing home neglect or abuse case are presented properly can be difficult.

We know how difficult it is for you to learn that your loved one hasn't been treated properly by the very people charged with his or her care. Whether your loved one was subjected to obvious mistreatment like physical abuse or less obvious mistreatment like malnutrition, it is important that you know that you can make a firm stand against those responsible.

Elements of a nursing home neglect case

When a loved one isn't receiving proper care at a nursing home, family members might begin to wonder if they have any courses of action to take that will help their loved one to get the level of medical care they deserve. When the improper care leads to injuries, the thoughts might turn to how to seek compensation for their loved one who was injured. Our readers in Kentucky who have family members in the nursing home might be interested to learn some basic information about nursing home abuse.

What is a nursing home abuse or negligence case?

Birth injury profile: Perinatal asphyxia

Last week, we discussed how important it is to find representation as quickly as possible when your child is injured at birth. The statute of limitations in Kentucky limits the time you have to take action after the birth injury. Last week's post might have you wondering what types of birth injuries might occur.

There are several different types of birth injuries that can occur. Many of these birth injuries are associated with difficult labors and deliveries. When a woman is going through a difficult labor and birth, doctors can use technology available to determine how the baby is responding to the difficulty. One birth injury that Kentucky doctors might be able to prevent through careful monitoring is perinatal asphyxia.

Fast and firm action necessary after a birth injury in Kentucky

The joyful experience of birth is something that sometimes eludes women. This is the case when the woman or her baby are injured during labor and delivery. In some cases, the injuries might have been prevented if the medical staff had reacted in a proper manner when certain situations arise during the labor or birth process.

When there is a preventable cause that leads to a baby or mother being hurt, it is possible for the mother to seek compensation for the injury. We know how devastating a birth injury can be. We understand that the injury might be so severe that it impacts the quality of your life or your baby's life. We also understand that medical care for a birth injury can be expensive.

Kentucky court dismisses lawsuit, cites statute of limitations

You trust your doctors to make an accurate diagnosis. When you discover that you haven't been given the right diagnosis, you might decide to seek compensation from the doctor through a medical malpractice lawsuit. It is vital that the lawsuit be filed within the statute of limitations or you run the risk of your lawsuit being thrown out. A recent case shows how important it is for the misdiagnosis or failure to diagnose lawsuit to be filed within the limit, which is one year in Kentucky.

The case has to do with a man who was diagnosed with HIV by a doctor at the University of Kentucky in 2004. Back then, the doctor told the man he was HIV positive. The man never saw the actual test results. When he did see the test results last year, he filed a lawsuit for medical malpractice. That was almost a decade after the misdiagnosis was made.

Nursing home neglect can be signaled by violations of rights

All nursing home residents have legal rights that help them avoid being the victim of any sort of elder abuse or neglect. For nursing home residents and their family members, becoming familiar with those rights is vital to ensure these rights aren't infringed upon. In some cases, a violation of these basic rights is an indication that the resident might become the victim of nursing home neglect or abuse.

One very important right is that residents can participate in their care planning. This means that they have the right to accept or refuse treatments as they desire. In no case can the resident be tied down or restrained unless it is necessary for them to receive treatment for their medical conditions. The improper use of restraints is a serious violation of residents' rights.

What causes a birth injury like cerebral palsy?

While there are many different birth injuries, one of the most common is cerebral palsy. Technically, it is possible for cerebral palsy to develop in a baby before it is born, but it has been found that various mistakes or complications that happen while the baby is being born can also lead to it. The following are some of the top reasons, which are important to know for anyone in Kentucky who believes that their child was injured during birth.

The first reason why it could happen is if the baby does not get enough oxygen. This could be because the doctor who is assisting with the birth does not realize that the child is not getting enough. It sometimes happens during a caesarean section. It can also happen when there is a delay during the birth.

Holding a doctor liable for failure to diagnose cancer quickly

The only thing that is probably more frightening than finding out that you have cancer is finding out that you have cancer that has gone undetected by your doctor. Cancer is one of those conditions in which time is of the essence, so getting medical treatment fast is a huge factor in the success rate of the prescribed treatment.

After the initial shock of the delayed diagnosis wears off, you might decide that you want to hold the doctor accountable for not diagnosing you as early as possible despite your efforts to discover what was ailing you. At that point, you can opt to file a medical malpractice lawsuit for failure to diagnose cancer.