I encourage you to use these spaces to help you clarify what is important to you and what specific steps you can take to protect yourself and your family in the event of an accident. My purpose in writing this article is to broaden that mission of educating my clients to helping the public at large understand the specifics of a personal injury claim. Your treatment continues until you and your doctors agree that you are recovered, or that you have reached a state of “maximum medical improvement.” Nobody else can decide when your treatment is finished—not the insurance company and not your lawyer.Read More
Childbirth Medical Malpractice
Childbirth problems are one of the most common sources for medical malpractice lawsuits. These could happen before, during, or after the birth of the baby. This doesn’t automatically mean that, if your baby suffers from a childbirth injury, your doctor is responsible. On certain occasions, there is no way to avoid your child from getting injuries. If this happens your doctor is free from any kind of guilt. But if the child gets injured by the lack of care of the doctor, you can fill up a medical malpractice claim.
Sometimes the situation itself requires a desperate action. For example, if the baby flips during childbirth, and there is no time to perform a C-section, the doctor may choose to pull the baby, even if it leads to a collarbone fracture. This means that, even if the procedure causes an injury to the baby, the action prevented a more serious harm.
If the delivery takes place under a dangerous situation, and the doctor's actions make it worse, he is responsible for any harm made. This happens for example when, the medical staff fails to do a successful C-section, and the oxygen flow to the baby gets affected. If the child develops HIE, all the medical staff can be guilty of malpractice.
Some common causes of wrongful deaths are when the fetus dies because the mother lost her life, or when the baby dies after birth but the mother survives. For this kind of claim, you should hire an experienced medical malpractice lawyer. He will fill up the paperwork for you, and get compensation from the damages made to either the baby or the mother.
Consulting with a Laywer
If you are planning for your pregnancy, it is important to share your wishes and preferences with your doctor beforehand. However, if your wishes and preferences are not honored, you may have important rights under the state law. Talk to you a qualified medical malpractice attorney if you believe you have suffered an injury due to another person or party’s negligence or neglect.
what type of injury case you have?
Recent legal blog posts
Although I certainly know how to handle a personal injury claim, when decisions are clouded by anger and indignation, it is impossible to be objective—even for an experienced attorney. First, the insurance company notes that the lawyer changed, and it tries to use that to undermine the claim. Even when there is only one accident with one defendant, a simple claim can be complicated by a prior condition. Hundreds of different situations can occur in which a hospital billing department, health insurance agent, claims representative, or opposing attorney can be rude or inappropriately aggressive, attempting to bully or intimidate.Read More
After the verdict, the lawyers are allowed to speak to the jurors. How is a herniated disc diagnosed? And if you would even consider buying the car that had been wrecked, you would want a substantial discount. The plan could include: an Order for testing, such as more blood work or diagnostic scans like an x-ray, CT scan, or MRI. The test is often prescribed to find problems such as bleeding, tumors, tears, blood vessel diseases, or injuries.Read More
If the patient complains of an increase in the pain while the foot is bent, then the test is positive. We are always available to discuss our client’s treatment plan with them and to address their concerns about the kind of care and attention they are being provided by their doctor. Everything that is discussed between the parties and the mediator is completely confidential - unless you give the mediator permission to share the information with the adjuster.Read More
Top Lawyers Pick
- Smith Prestwood
- C. Brooks Ricca, Jr.
- Steven D. Davis
- Jared J. Smith
- Robert A. DeLello
- Terry A. Dawes
- Benjamin L. Taylor
- Donald A. DiGioia
- James E. Beasley, Jr., MD
- Joe Jones
- John Aspinwall Garland
- John G. Mabrey
The principal attorney at Prestwood Law Firm, Smith Prestwood provides representation to clients in Fairhope, Alabama and throughout Baldwin and Mobile counties. He divides his practice among a variety of areas. Mr. Prestwood has significant experience in the preparation and review of estate planning documents, including living, irrevocable, charitable and special needs trusts, wills, and financial and health care powers of attorney. He also helps his clients navigate the probate process, and he provides assistance in will contests and other estate administration disputes.In his personal injury and wrongful death practice, Mr. Prestwood provides representation to people who have suffered economic and noneconomic losses due to the negligence of other parties in incidents such as motor vehicle crashes. In addition, he provides advice and counsel to whistleblowers who have become aware of financial fraud. For homeowners who have been harmed by construction defects, Mr. Prestwood helps to seek appropriate damages from the builders or subcontractors. He also has a business law practice, in which he reviews and prepares contracts, gives advice with regard to the sale or purchase of a company, and litigates contract breaches and other disputes.As an undergraduate, Mr. Prestwood attended The University of Alabama, and in 2006 he received a Bachelor of Science cum laude with a major in quantitative finance and a minor in economics. Remaining in Tuscaloosa, he pursued his legal education at The University of Alabama School of Law, and in 2009 he was awarded his Juris Doctor. After graduating from law school, Mr. Prestwood spent several years with a Mobile insurance defense firm before going out on his own in August 2016. He is admitted to practice before all Alabama and Florida state courts.
409 North Section Street, Suite A,, Fairhope AL 36532
C. Brooks Ricca, Jr.
A business and civil litigation attorney serving clients throughout the United States, particularly in the West Palm Beach, Florida, area, C. Brooks Ricca, Jr. is the founder of C. Brooks Ricca Jr. & Associates PA. He also handles cases of contracts, insurance defense, insurance coverage, labor and employment disputes, construction litigation and the Americans with Disabilities Act.A magna cum laude graduate of The Catholic University of America, Mr. Ricca earned a Bachelor of Arts in 1975. He then attended the University of Florida College of Law and obtained a Juris Doctor in 1978. Currently, he is admitted to practice before the United States District Court for the Middle District of Florida, the United States District Court for the Southern District of Florida and in Florida state courts.Certified by The Florida Bar as a civil trial attorney, Mr. Ricca provides cost-effective representation that is aggressive enough to get results. With a focus on personalized service and open communication, Mr. Ricca is focused on creating confidence and trust in every client relationship. Recognized by his peers for his professional achievement throughout his legal career, he is respected as one of the nations top-rated attorneys.Mr. Ricca tailors each strategy to match the needs of clients and their unique situation. A firm believer in justice for everyone, he remains a strong advocate for those whom he serves. He is an asset to each of his clients in the areas of personal injury defense, business litigation, civil litigation defense, general litigation, business and corporate law, and personal injury plaintiff.
Steven D. Davis
In his work at TorHoerman Law, Steven Davis fights for the rights of victims harmed by pharmaceutical, medical device, and chemical corporations when they put consumer safety behind their own profit goals.Steven represents people injured by the wrongful acts of pharmaceutical companies in the development and marketing of dangerous drugs and medical devices. He currently represents individuals suffering serious injuries caused by the use of prescription medications such as Xarelto, Invokana, Zoloft, and fluoroquinolones, and represents hundreds of women injured by defective transvaginal mesh products. His prior experience includes representing clients injured after use of hormone replacement therapy medications, prescription painkillers, SSRIs, and Pradaxa, including a role as co-liaison counsel for plaintiffs in the Pradaxa MDL, and he has represented many individuals injured by faulty heart devices.TorHoerman Law LLC is a leader in the fight for justice against corporate greed. We fight for people injured by pharmaceutical drugs, toxic chemicals, and medical devices. Our knowledge of this complex legal arena is unsurpassed. TorHoerman Law LLC is proud of its results, but also of the exceptional personal attention given to each client.
Jared J. Smith
An attorney at McCoy, Hiestand & Smith, PLC, Jared J. Smith focuses his practice exclusively on personal injury and wrongful death litigation. In this regard, he provides representation to clients in the greater Louisville metropolitan area and throughout Kentucky who have incurred economic and noneconomic losses due to the negligence or recklessness of other persons or entities. The types of cases that Mr. Smith has been involved in have stemmed from incidents involving medical malpractice, truck and other motor vehicle accidents, nursing home abuse and neglect, defective products, and premises liability. He has been able to obtain high-dollar settlements and jury awards for his plaintiff clients, and in his first trial in front of a jury, he won a verdict in excess of $500,000 in a case involving products liability.Mr. Smiths successful track record and high degree of ethics have earned him the respect of his fellow members of the bar. He has been named to The National Trial Lawyers: Top 40 Under 40 for three consecutive years, and he has been named as one of the Top 10 Personal Injury Attorneys Under Age 40 by the National Academy of Personal Injury Attorneys. Mr. Smith is admitted to practice in Kentucky.Mr. Smith attended Hanover College in Indiana as an undergraduate, where he majored in psychology and received a Bachelor of Arts in 2008. His legal education was obtained at the Ohio Northern University Pettit College of Law, and he was awarded his Juris Doctor in 2011. He joined his current firm in November 2017. A district vice president of the Kentucky Justice Association, Mr. Smith gives back to his community by his active participation in Supplies Over Seas, a nonprofit organization that provides medical supplies and equipment to hospitals and clinics around the world.
Robert A. DeLello
Robert A. DeLello is a partner at Jones Kelleher. Roberts practice focuses on all areas of general liability personal injury litigation, including premises liability, product liability, construction site, motor vehicle claims, and various other types of general liability claims. His experience includes successful resolution of claims through direct negotiation with insurance companies, mediation, arbitration, trial and appeal.Robert is a 1988 graduate of Canton High School, received a B.A. (cum laude) from Colby College in 1992, and his law degree (cum laude) from Suffolk University Law School in 1996 where he was a member and Editor of the Transnational Law Review.Robert is admitted to practice in the state and federal courts of Massachusetts and New Hampshire. He is a member of the Massachusetts Bar Association, the Massachusetts Academy of Trial Attorneys, where he is a member of the Board of Governors and its Executive Board, the New Hampshire Bar Association, and the American Association for Justice.Robert has been selected both as a Rising Starand a Top Lawyer by the Massachusetts Top Lawyers in the area of personal injury. He has also achieved an AV rating from Martindale-Hubbell National Law Directory, the highest peer rating available for legal ability and ethical standards. Robert writes and participates in legal seminars for the Massachusetts Academy of Trial Attorneys, M.C.L.E. and at Suffolk University Law School.Robert lives in Canton, Massachusetts with his wife, Kate, and their four children, where he actively participates in Canton Little League and Canton Pop Warner as a coach and volunteer.
Terry A. Dawes
Attorney Terry A. Dawes is an associate at the highly regarded Detroit law firm of McKeen & Associates, PC. At the firm, Mr. Dawes dedicates 100 percent of his practice to litigating on behalf of clients who have suffered as the result of negligent medical professionals or the losses of loved ones. By focusing his efforts entirely on wrongful death cases and medical malpractice, Mr. Dawes is one of the leading attorneys in southeastern Michigan in both practice areas.Mr. Dawes began his professional career as a nurse after earning an associate degree in nursing from Kalamazoo Valley Community College in 1986. While working as a nurse, he continued his education, and he earned a Bachelor of Science from Western Michigan University in 1988 and a law degree from Western Michigan University Thomas M. Cooley Law School in 1993. Later that year, the State Bar of Michigan granted him admission, and he has used his medical knowledge to benefit his injured and grieving clients since that time.Over the course of attorney Dawes 20-plus-year career, he has earned the respect and admiration of his peers thanks to his dedication to protecting his clients rights and his tireless devotion to justice. In fact, as the U.S. Court of Federal Claims approved him to practice in its courtrooms, he built much of his reputation by representing clients in cases related to vaccinations administered through the National Vaccine Injury Compensation Program.Mr. Dawes is a highly valued member of the legal community thanks to his membership in a number of organizations. He is a member of the Federal Bar Association and the Michigan Association for Justice, to name only a couple.
Benjamin L. Taylor
As an attorney at Taylor Jones & Taylor, Benjamin L. Taylor is dedicated to representing clients in Southaven and throughout northern Mississippi, as well as across the state. He focuses his practice on personal injury law and wrongful death cases involving car accidents and product liability.In 1998, Mr. Taylor earned a bachelors degree in business administration from the University of Mississippi. He then graduated cum laude in the top 10 percent of his class with a law degree from the University of Mississippi School of Law in 2000. In 2011, Mr. Taylor furthered his legal education at the Trial Lawyers College.A car accident can lead to physical pain, financial worries and emotional distress. For years, Mr. Taylor has been connecting victims of negligence with compensation for the damages they have suffered. He knows how to re-create the scene of an accident to demonstrate fault. Calling in expert witnesses, he builds his clients cases around specified injuries and undeniable proof.Over the course of his career, Mr. Taylor has obtained millions of dollars in settlements and verdicts for his clients. Whether negotiating a deal behind closed doors or acting as a steadfast advocate in the courtroom, he has time and again demonstrated his ability to achieve a favorable outcome. For his commitment to exposing negligence in personal injury matters, Mr. Taylor holds an Avvo Superb rating.An avid participant in the legal community, Mr. Taylor is a member of the American Bar Association, the Mississippi Bar, the Tennessee Bar Association, the American Association for Justice, the Mississippi Association for Justice, the DeSoto County Bar Association and the Federalist Society.
Donald A. DiGioia
Attorney Donald A. DiGioia, of Donald A. DiGioia Law Group, PA, is recognized by the New Jersey Supreme Court as a certified civil and criminal trial attorney. He is one of approximately 50 lawyers in the entire State of New Jersey to have earned this certification in both areas of practice, among more than 90,000 licensed attorneys. It is recognition of his skill in the courtroom and the respect he has earned from clients and peers.The law firm of Donald A. DiGioia Law Group, PA, in Mountainside, handles criminal defense, DWI/DUI, municipal court, and serious personal injury matters. Michael T. Simon, Esquire and Marc P. Schwartzbach, Esquire, practice with Mr. DiGioia in the law group.Mr. DiGioia has devoted his practice exclusively to trial work since 1981. His more than 40 years of legal experience has honed his strategies and understanding of circumstances in a wide variety of civil and criminal cases.Among his many achievements and awards, Mr. DiGioia continues to be recognized in the annual publication of The Best Lawyers in America in civil and criminal trial law areas. He is an active Past President of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ), a Master and Past President of the Richard J. Hughes Chapter of the American Inn of Court, and an Advocate in the American Board of Trial Advocates (ABOTA). He was named one of the top 100 lawyers in the state of New Jersey by Top Lawyers,and he is a member of the Million Dollar Advocates Forum. Mr. DiGioia was named Professional Lawyer of the Year by the Union County Bar Association in 2004, and he received that honor again from the ACDL-NJ in 2010. Only a handful of attorneys in New Jersey history have received that award twice. In 2016 Mr. DiGioia was honored by the Union County Bar Association with The First Walter R. Barisonek Criminal Attorney of the Year Award, and in 2017 he received the Equal Justice Medal. On December 15, 2017, Mr. DiGioia was sworn in as the President of the Union County Bar Association. Mr. DiGioia and the attorneys in his firm stand ready to defend persons accused of crime throughout the state, as well as in the municipal courts and the federal courts. Also, the firm handles personal injury cases on behalf of the seriously injured.
James E. Beasley, Jr., MD
As a medical malpractice attorney and managing member of The Beasley Firm, LLC, in Philadelphia, Pennsylvania, James E. Beasley Jr.s medical degree from the Perelman School of Medicine at the University of Pennsylvania and his law degree from the University of Pennsylvania Law School go hand-in-hand. Mr. Beasley attended Temple University for his undergraduate degree in molecular biology, and he earned a Master of Laws degree in trial advocacy from the Temple University Beasley School of Law.Since he began practicing law in 1999, Mr. Beasley has secured awards totaling more than $300 million for clients in medical malpractice, personal injury, and aviation and aerospace cases, a fact that has led to his membership in the Million Dollar Advocates Forum. Clients trust him to take their toughest matters to trial thanks to his education, experience and reputation for fierce representation in court.Licensed in Pennsylvania, Mr. Beasley is admitted to practice before the U.S. District Court for the Western District of Pennsylvania; the U.S. District Court for the Eastern District of Pennsylvania and the U.S. District Court for the Middle District of Pennsylvania; the United States Supreme Court; the U.S. Federal Court of Claims; and the U.S. Court of Appeals for the 3rd Circuit.Mr. Beasley gives back to the legal community through the firms sponsorship of the Law, Education and Planning program for high school students at the Temple University Beasley School of Law. In his position as a fellow of the American College of Legal Medicine, he frequently speaks on complex civil litigation topics. The Philadelphia volunteer for the Indigent Program has honored Mr. Beasley for his pro bono work; for his commitment to excellence, he holds an Avvo Superbrating and has been selected for inclusion in The Best Lawyers in America.
Joe Jones maintains a busy practice in the Sloan Firms Houston office, representing clients in the city where he grew up.After he received his degree in Accounting in 2007, he enrolled at South Texas College of Law. In addition to his goal of becoming a lawyer, Joe had another goal – joining the U.S. Marine Corps. During his third year in law school, he attended Officer Candidate School and was commissioned as a Second Lieutenant.Serving as a Marine Corps Judge Advocate provided valuable legal experience to Joe. For most of his time on active duty, he served as a criminal defense attorney, representing more than 60 Marines and sailors charged with various crimes.Following his military service, Joe returned to Houston, where he practiced on his own before he joined Sloan Firm. His practice now focuses on personal injury, medical malpractice andwrongful death cases,.Over the course of his career, Joe has achieved significant outcomes for his clients. For instance, in 2016, he secured a $425,000 jury verdict in a case that involved two minor girls who were assaulted in a swimming pool by a former city councilman. The trial was held in Canton, Texas, and the jury award was one of the largest in recent years in that area.Being as genuine and honest with a jury as you possibly canis the key to success in court, Joe says.Our clients have nothing to hide,he says. So, while the insurance companies and/or corporations attempt to conceal the truth from the jury, we make sure that the jury learns exactly what happened so they can hold the wrongdoer accountable.”,In Joes view, nothing is more rewarding than the opportunity to present his clients case to a jury.I love everything about it,he says. I also believe that one of the most important aspects of trial is that my client is finally able to tell his or her story.”,Joe has been named as one of the Top 40 Lawyers Under 40 in Texas by the National Trial Lawyers and selected as one of Houstons Top Lawyers by H-Texas Magazine. He has also received the Ten Best Client Satisfaction Award from the American Institute of Personal Injury Attorneys.Joe spends most of his time outside of work with his wife, Chrysa, and their three children. He is also a passionate fan of Texas A&M sports teams and enjoys playing drums and guitar.
John Aspinwall Garland
Attorney John Aspinwall Garland is a fourth-generation attorney and an associate with the Atlanta-based law firm of Garland, Samuel & Loeb, P.C. Following in the footsteps of his father, grandfather and great-grandfather, Mr. Garland decided to enter the legal profession after receiving his undergraduate degree, magna cum laude, from The University of Vermont in 2000. He then relocated back to his native Atlanta and attended the University of Georgia School of Law, where he obtained his Juris Doctor, cum laude, in 2004.A highly rated and experienced trial lawyer, Mr. Garland not only focuses his practice primarily on criminal defense, but he also devotes a portion of his practice to personal injury law and professional malpractice defense. He serves clients throughout the Atlanta metro region, including Fulton, DeKalb, Cobb and Gwinnett counties.Over the course of his more than 13 years practicing law, Mr. Garland has helped numerous clients protect their rights in the face of all types of serious state and federal offenses, including murder, fraud, drug violations, federal crimes, sex crimes and more.Through his personal injury practice, he has helped countless individuals and families recover the full compensation they deserve for the damages and losses they sustained due to someone elses negligence or wrongdoing.Learning his work ethic from his predecessors, Mr. Garland embraces the firms mission to treat all clients with the utmost professionalism and respect. He tirelessly advocates on behalf of all he serves, and he always puts his clients needs above everything else.From this high level of commitment to his practice and his clients, Mr. Garland has received numerous awards and accolades, and in 2008, the Georgia Bar Journal named him as one of Georgias Legal Legacies. In addition, Georgia Trend Magazine has named him a Legal Elite since 2012.Licensed as an attorney in Georgia since 2004, Mr. Garland is also admitted to practice before the U.S. District Courts for the Northern and Middle Districts of Georgia as well as before the Court of Appeals of Georgia. He is active in several local, state and national bar associations, and he routinely conducts continuing legal education seminars on a variety of subjects.
John G. Mabrey
As a founding partner of The Mabrey Firm, P.C. John G. Mabrey is dedicated to representing the rights of people throughout the State of Georgia. He focuses his practice on handling personal injury law cases that involve medical malpractice.After earning a Bachelor of Arts from Radford University in 1987, Mr. Mabrey attended the Mercer University Walter F. George School of Law, graduating with a Juris Doctor in 1990.The consequences of medical malpractice can be lifelong. Having decades of experience in personal injury, Mr. Mabrey knows all too well the physical and emotional struggles clients face. He has committed his career to recovering compensation on behalf of victims of negligence, so that they can begin the recovery process.Mr. Mabrey believes in establishing a relationship of trust with his clients to help carry them through the legal process. After reviewing the details of a case, Mr. Mabrey gathers any evidence needed to support his clients claim, including calling on expert witnesses to demonstrate how defendants strayed from medical standards. Time and again, he has secured multi-million dollar verdicts and settlements for the injured.For his many achievements, Mr. Mabrey has earned the highest rating possible of AV Preeminent from Martindale-Hubbell; he has been selected for inclusion in the list of The Best Lawyers in America for every consecutive year since 2012; his law firm (The Mabrey Firm, P.C.) has been chosen as one of the Best Law Firms in America by U.S. News and World Report for every consecutive year since 2013; Georgia Trend Magazine has honored him as a Legal Elite; he has been named one of Georgias Top Rated Lawyers; he was recently inducted into The National Trial Lawyers: Top 100 Trial Lawyers; and he holds an Avvo Superb rating.Admitted to the State Bar of Georgia in 1990, Mr. Mabrey is active with several legal organizations, including the Georgia Trial Lawyers Association, the American Association for Justice, the Lawyers Club of Atlanta, the Atlanta Bar Association and the Southern Trial Lawyers Association. He is also board-certified by the American Board of Professional Liabililty Attorneys. He is admitted to practice before the Supreme Court of the United States; the U.S. Court of Appeals for the 11th Circuit; and the U.S. District Courts for the Northern, Middle and Southern Districts of Georgia.AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general practice standards.