Traumatic Brain Injury Facts

Posted by on May 23, 2016 in Brain Injuries | Comments Off on Traumatic Brain Injury Facts

What accident can be more tragic and devastating than a brain injury. As the most important organ in the body, damage to the brain can change the life of a person. As the main organ of the central nervous system, the brain gives man the ability to think and recall. According to the website of the Cazayoux Ewing Law Firm, brain injuries demand intensive emergency and prolonged medical care. Here are some facts about brain injuries that can help us develop an understanding of the issue.

Brain injuries are among the most likely to cause death and permanent disability. It is the leading cause of death and disability worldwide. It is the top cause of seizure disorders. In the United States, brain injury contributed to 30% of deaths. On a daily basis, approximately 138 people die from brain-related injuries. People who survive brain injuries can experience effects that can last a few days or disabilities that can last throughout their lives.

What Causes Brain Injuries?

From 2006 – 2010, falls were the top cause of brain injuries with 40% of all brain injuries that resulted to emergency department visits, hospitalization, or death. It can affect the youngest and oldest age groups with 55% of brain injuries in children aged 0 – 14 due to falls and 81% of brain injuries in adults coming from falls.

Among all age groups, motor vehicle crashes accounted for 14% of brain injuries, making it the third overall cause of TBIs. At 26% of TBI-related deaths, motor vehicle crashes was the second leading contributor to TBI-related deaths.

Meanwhile, sports-related brain injuries accounted for 300,000 injuries a year with skiing and ice skating associated with nearly 20,000 brain injuries. Among the two genders, males are three times more likely to die from brain injuries than women. The rates were highest in people who are more than 65 years old.

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Young Drivers: The Ones Guiltiest of Reckless Driving in the US and Around the World

Posted by on Jan 23, 2016 in Personal Injury | Comments Off on Young Drivers: The Ones Guiltiest of Reckless Driving in the US and Around the World

The United Nations proclaimed May 11, 2011, as the official start of the Decade of Action for Road Safety, a program that is intended to zero in on road safety for the purpose of effecting a significant reduction in the yearly number of car crashes worldwide. Every year, 1.3 million people die, while more than 50 million others get injured in car accidents occurring around the world.

In the US, based on records from the National Highway Traffic Safety Administration (NHTSA), annual death rate due to car accidents is more than 30,000, while rate of injuries is more than two million – the results of the more than five million yearly car crashes.

Other records from the Fatality Analysis Reporting System (FARS) and the Centers for Disease Control and Prevention (CDC) which relate to car accidents show that:

  • From 1899 to 2012, fatal motor vehicle accidents totaled to 3,551,332
  • In 2010, there were 5,419,000 crashes that resulted to 32,999 deaths and 2,239,000 injuries
  • In 2011, 32,479 people died in motor vehicle accidents, the lowest number of fatal accident since 1949
  • In 2012, fatal crashes due to distracted driving was 3,328
  • In 2013, fatal crashes due to alcohol-impaired driving was 10,076(this is 30% of all traffic-related deaths in the US)
  • More than 90% of all road accidents in the US and around the world are due to bad driving behavior, like drunk-driving, speeding (especially while under the influence of alcohol), reckless driving, changing lanes without signaling, driving through a red light, and use of cellphone.

According to the International Organization for Road Accident Prevention, road danger is nothing more than a crisis made by man and, since this is so, it is, therefore, totally preventable. One very alarming fact which in consistently shown by records both in the US and around the world, is that the most often offenders in road accidents, especially fatal ones, are young drivers, usually those between 16 and 34 (teens between 16 and 19, however, are three times more prone to be involved in a fatal car crashes than those 20 years old or above).

As pointed out by a Milwaukee car accident lawyer, some people take deliberate, reckless action just to get to wherever they want to go as fast as possible. Combine this recklessness on the road with young drivers’ lack of experience and immaturity in driving, then the most likely result can only be an accident.

Driving can be an enjoyable experience; however, due the reckless behavior others, it has, somewhat, become a source of danger. Drivers should realize that car accidents are not just statistical items; these are rather causes of sufferings for those who get injured, disabled or die.

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Avoid a Truck Accident: Keep Distance

Posted by on Nov 19, 2015 in Personal Injury | Comments Off on Avoid a Truck Accident: Keep Distance

Perhaps you have discovered that vehicles normally have a signal in the rear that claims “Caution Air Brakes” or something similar? That is because heavy vehicles and trailers work with an alternative form of wheels from your typical ones used in automobiles that are regular. Air brakes are created to prevent vehicle accidents, but it might also be the motive for a truck accident if you are regardless.

In your SUV, sedan, trucks and additional smaller automobiles, hydraulic brakes are used. This braking method makes used of hydraulic liquid to supply the stress necessary for the foot brake to work. In larger and trailer -type automobiles, nevertheless, hydraulic can be used instead to engage the brake the air is released and of hydraulic liquid. According to the website of a Houston accident attorney, the motive vehicles have that danger signal in the rear because air-brakes are a lot more strong than standard gas brakes, strong enough to stop a cargo vehicle that is heavily laden in its paths is. There is a great chance you won’t be able to stop and you will complete your stop against and below the rear fender of the vehicle if you’re following too carefully.

According to the speed where you’re traveling and the point of influence, this may have dreadful effects. If you’re lucky enough to flee with little or no injury, you still need to look at the damage to your car, which can be bound to be significant. And since you rear-ended the vehicle, you could be most probably which in Texas means you probably will not be able to claim from your own insurance.

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What Should I Prepare when Filing for Bankruptcy?

Posted by on May 20, 2015 in Bankruptcy | Comments Off on What Should I Prepare when Filing for Bankruptcy?

Making the decision to file for bankruptcy can be enormously taxing as well as emotionally stressful. Financial difficulties are almost an incontrovertible fact of the average American’s life and there is no shame in that. There is also no shame to be found in filing for bankruptcy. After all, sometimes it is filing for bankruptcy that allows for a person to regain their grasp on a stable and more secure credit record than they had before.

When filing for bankruptcy, according to the website of lawyers Gagnon, Peacock & Vereeke PC, you must be equipped with the knowledge of your given situation. You must be aware of the assets that you own – which of them can be liquidated and which of them are exempt. If you have a lot of outstanding debts, you must organize them and decide which of them holds the main priority.

Cases of bankruptcy are incredibly complex since the factors, as stated above. They vary with a case to case basis, meaning that there is no bankruptcy case that is identical with another. Your case is then singularly handled and the payment plan would then be personalized to suit your needs. Say that you want to file for Chapter 7 Bankruptcy – also known as straight bankruptcy. You must then be certain and tested to see if your income fits into the bracket that qualifies you for that kind of bankruptcy.

The different kinds of bankruptcy are there to help categorize the kinds of situations that people are more commonly faced with in this day and age. For example, Chapter 13 Bankruptcy is bankruptcy that is more popular among fishermen and farmers, since their payment plans can extend from three up to five years. There is a different plan for everyone and in order to know which method is more suitable for your given situation, it is recommended that you seek a professional opinion from a respectable and experienced bankruptcy lawyer.

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A Pregnant Woman’s Guide to the Zofran Debate

Posted by on Mar 14, 2015 in Personal Injury | Comments Off on A Pregnant Woman’s Guide to the Zofran Debate

A good majority of women experience nausea and vomiting during pregnancy. According to Pregnancy Sickness Support, at least 70 to 80 percent of pregnant women experience what we commonly call morning sickness in varying degrees.

For some, the symptoms they experience are pretty manageable. They can go about their daily routines with just a bit of discomfort. However, there are particular women who experience nausea and vomiting in pregnancy (NVP) at a greater extent. When this happens, doctors will prescribe medication to alleviate their symptoms. One of the drugs they usually prescribe is Ondansetron, more commonly referred to by its brand name Zofran.

Zofran was originally approved by the FDA as a drug to help combat nausea and vomiting caused by other medications and treatments. In particular, it was used by cancer patients undergoing chemotherapy and patients in postoperative care. It works by inhibiting the body’s production of natural substances—serotonin—that triggers the symptoms.

In the years since it was first introduced to the public, use of Zofran became widespread. Today, it is commonly used to treat general symptoms of nausea and vomiting, regardless of what caused it. This is why it’s a popular drug for pregnant women. Even if it was neither intended nor approved to cure NVP, plenty of doctors prescribe the drug to their patients.

While sever NVP should be treated immediately, reservations about taking Zofran must also be raised. There is evidence that taking Zofran during pregnancy could result in birth defects. Zofran birth defect lawyers also note that the drug’s manufacturer, GlaxoSmithKline, recently settled a civil lawsuit for their misleading promotion in marketing the drug as safe for pregnant women.

The research on the drug is split on this opinion. The FDA released a statement in 2013 warning the public against potential safety issues with taking Zofran. However, they emphasize that they don’t have enough information to take concrete action and are working to gather helpful information. In the same year, a study funded by the Danish Medical Research Council found that the drug didn’t lead to any adverse effects. A study conducted by the Motherisk program in Canada the year before came to a different assessment, saying that extreme caution must be taken with Zofran considering the potential risks.

For now, researchers have yet to find a direct correlation between Zofran and birth defects like congenital heart failure, as well as mouth deformities like cleft and lip palate. Still, women should be made aware of the on-going debate and learn all the necessary information to make an informed choice.

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The Role of HMOs and PPOs in Health Insurance

Posted by on Dec 11, 2014 in Healthcare Industry | Comments Off on The Role of HMOs and PPOs in Health Insurance

Health Management Organizations (HMOs) and Preferred Provider Organizations (PPOs) are insurance companies that offer health insurance policies that are limited to certain “member” or “accredited” health service providers. They don’t actually have their own doctor, hospitals, or pharmacies but instead have a contract with a network of these third parties to provide the services that are included in the insured’s policy.

For example, if a policyholder of HMO A needs surgery for a covered condition, the policyholder obtains a letter of authorization to have the surgery done at an accredited hospital by an accredited surgeon and anesthesiologist. Depending on the policy, the patient pays nothing or only a certain percentage (co-pay) of the total cost. HMO A will take care of the balance by paying the service provider directly.

That sounds simple enough, but like mentioned earlier, HMOs and PPOs are insurance companies, and like most of its brethren, they typically have a trifecta to minimize their financial exposure: deny, defend, and delay. Because an HMO or PPO policyholder does not make a direct claim with the insurance company, they are unaware of this, but the service providers know it only too well. While in most cases a pre-approved treatment cannot be denied, the HMO or PPO can certainly delay payments, and this is the practice that the Texas Prompt Pay Act addresses.

The practice of insurers to delay payment is certainly not restricted to Texas, but the TPPA is exclusive to contracted health service providers in the state. In a nutshell, the state says insurance companies that delay payment to service providers beyond a certain number of days after a clean claim will be subject to substantial penalties and interest charges. A service provider that has accumulated a sufficient number of unpaid claims may find it worth their while to retain a Texas prompt pay attorney to compel the insurer to pay what is due. In most successful cases, the plaintiff may be entitled to be reimbursed for reasonable lawyer fees by the defendant, so it’s a win-win situation.

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Employment Laws Enforced by the EEOC for the Benefit of Employees

Posted by on Oct 31, 2013 in Employment Law | Comments Off on Employment Laws Enforced by the EEOC for the Benefit of Employees

Employment discrimination laws are intended to promote the rights of all individuals to equal and fair employment opportunities, as well as to establish balance and order in the workplace by stating what practices are permitted and not permitted by law. There are more than half a dozen state and federal laws passed to protect employee rights; any act of discrimination could be a direct violation of these laws.

The enforcement of these laws is the task of the U.S. Equal Employment Opportunity Commission of 1964 (EEOC), an independent regulatory body that was created by the US Congress on July 2, 1964, for the specific purpose of implementing Title VII of the Civil Rights Act of 1964. These laws include:

  • Title VII of the Civil Rights Act of 1964: prohibits any form of discrimination based on color, race, national origin, religion and sex. This law also considers illegal any act of retaliation against a person due to his/her decision to: take part in an investigation or lawsuit; file a discrimination charge; or, even just complain about discrimination. Religious practices, so long as these will not slow down business operations, are also protected by this law too.
  • The Equal Pay Act of 1963 (EPA): this law stipulates that individuals, regardless of gender, should receive the same wage so long as the work they perform is equal (requiring the same efforts, skills and responsibility)  and performed in the same workplace.
  • The Age Discrimination in Employment Act of 1967 (ADEA): individuals aged 40 and above, who apply for job or who are already employed, are protected by this law.
  • The Pregnancy Discrimination Act: this law is one of the amendments made on Title VII of the Civil Rights Act; it makes discrimination against women due to pregnancy or childbirth (as well as any medical situation akin to pregnancy and childbirth) illegal.
  • The Genetic Information Nondiscrimination Act of 2008 (GINA): this law took effect on November 21, 2009. It renders unlawful any act of discrimination due to genetic information, which includes disclosure of information regarding his/her or his/her family’s genetic tests, disease medical condition or disorder (mental, physical or emotional)
  • Title I of the Americans with Disabilities Act of 1990 (ADA): discrimination against people with disability despite their being qualified to the work/position they have applied for is illegal.
  • Sections 102 and 103 of the Civil Rights Act of 1991: these laws are actually improvements of ADA and Title VII. They “permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.” (http://www.eeoc.gov/laws/statutes/)
  • Sections 501 and 505 of the Rehabilitation Act of 1973: this law strictly prohibits discrimination of people with disabilities and who are employed in the federal government.

Any discriminatory bias, whether obvious or not, in hiring an applicant or firing, promoting, training, assigning particular work and awarding fringe benefits or high wages is likewise an unjust employment practice and is, therefore, unlawful.

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What is RU-486?

Posted by on Oct 4, 2013 in Abortion | Comments Off on What is RU-486?

The subject of abortion is always a sensitive one, even in countries like the US where the right to terminate a pregnancy within a certain time period had been established by the Supreme Court as constitutional under the 14th Amendment’s right to privacy under the due process clause. The controversy regarding abortion continues to be rife, and among the issues that come up for debate is the method used to terminate a pregnancy, such as medical abortion using mifepristone with prostaglandin, a formulation classified by its maker Roussel Uclaf as RU-38486 or simply RU-486. Mifepristone is an antiprogestin, a synthetic compound that’s suppresses the action of progesterone, a hormone that plays an important role in menstruation and pregnancy.

RU-486 was given Subsection H approval in the US by the Food and Drug Administration (FDA) under the trade name Mifeprex in September 2000 for pregnancy termination in the first 7 weeks of the pregnancy. Medical abortion is considered more effective than surgical abortion, being less likely to fail to complete the abortion during the first 7 week of pregnancy, and the use of Mifeprex is considered the most effective of medical abortion methods. Mifeprex is a prescription drug that is only available via physicians who are specially qualified. Because Mifeprex carries the risk of excessive bleeding or incomplete abortion, the prescribing physician must have the skills to administer a blood transfusion or perform an emergency surgical abortion. Mifeprex is available in Washington, D.C., Puerto Rico, Guam, and all 50 states and is currently used in a majority of first trimester medical abortions.

The main issue against Mifeprex even among pro-choice groups is that there is too little emphasis placed on the risks associated with its use. Most women do not realize that it is not simply a matter of popping a pill, but that it is a painful process that can last as much as 12 days. Even then, there is a risk of abortion failure as well as other effects that are detrimental to the mother’s health.

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NFL Settles with Retirees over Head Injuries

Posted by on Sep 3, 2013 in Brain Injuries, Personal Injury | Comments Off on NFL Settles with Retirees over Head Injuries

After months of mediation, retired football players are finally getting some compensation for the effects of head injuries they sustained during their professional stint.

The settlement came as a surprise just before the 2013 football season, but may have been driven by the negative publicity the issue has had on the sport. The lawsuit was brought by 4,500 former players who claimed injuries sustained from concussions received during their run in the league.

It took 9 weeks of mediation, but a figure of $765 million was agreed upon to cover needed medical care, compensation for injuries, legal expenses and medical research. Included in the lawsuit were 10 Hall of Famers, including the families of Junior Seau and Ray Easterling.  Both players committed suicide due to mental and cognitive problems sustained from concussion-related events.  The individual lawsuits, which were consolidated in Philadelphia, initially asked for a total of $2 billion in compensations.

As part of the settlement, the NFL admits to no wrongdoing or liability. Any of the plaintiffs may challenge or opt out of the settlement, and any player who can prove impairment due to concussions received during their football career is eligible to receive compensation. The settlement in no way bars players from filing lawsuits against the NFL in the future, although they would have to be handled through the union’s arbitration process.

The settlement ensures that at least some players with recognized cognitive and neurological disorders such as Parkinson’s, Alzheimer’s, dementia, or Amyotrophic lateral sclerosis (ALS or Lou Gehrig’s disease) can get immediate medical treatment and care.

The settlement will be disbursed in stages. It should be easy for the NFL to come up with the funds; the projected earnings for 2013 is in excess of $10 Billion.

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Los Tipos Mas Comúnes de la Negligencia Médica

Posted by on Jul 25, 2013 in Medical Malpractice, Personal Injury | Comments Off on Los Tipos Mas Comúnes de la Negligencia Médica

En los Estados Unidos, la negligencia médica es una problema muy serio. Si un medico haga un error en el tratamiento de un paciente, las consecuencias podrían ser muy graves. Además de los lesiones fisicos, las victimas de la negligencia médica frecuentemente tienen que ocuparse con las cuentas medicas y el perdido de los ingresos. Por lo tanto, los medicos son responsables de las consecuencias de la negligencia médica.

Hay muchos tipos de errores que pueden ser considerado como la negligencia médica. Sin embargo, cualquier tipo de error que resulta en el padecimiento de un paciente, grande o pequeño, puede resultar en demanda para las costas.

Cinco Tipos Comúnes de la Negligencia Médica

Los siguientes cinco tipos de la negligencia médica son algunos de los mas comúnes en los Estados Unidos:

  1. Los errores quirúrgicos
  2. Falta del diagnostico
  3. Los diagnosticos erroneos
  4. Los errores de prescripciónes
  5. Los lesiones en el nacimiento

Todos estos errores pueden tener consecuencias muy dañinas para las pacientes y sus familias, y los medicos quien causan a estos errores tienen la responsabilidad de pagar las costas de las consecuencias de sus acciones. Con la representacion de un abogado experimentado, las victimas de la negligence médica pueden obtener la justicia que merecen.

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