Posted on November 01, 2018 in Medical Malpractice

SSM Health Care will have to pay $1.36 million to a couple from Jefferson County for medical malpractice resulting in death of a 14 week old fetus in 2012. The trial continued for five days and the 12 jurors established that SSM was careless in releasing a pregnant woman when she was not well. The woman, Lindsey Setzer, reported to have been suffering from kidney stones and an infection in her urinary tract that led to the loss of her fetus.

The next day when she woke up, she had a high fever with rapid heartbeat. She was immediately rushed to Mercy Hospital in Creve Coeur, where the doctors treated her for sepsis, which resulted from her urinary infection. It took seven days for her to recover, but her unborn baby did not survive, and it and left her traumatized.

The couple sued Dr Joseph Hermann and the network hospital, SSM Health Care, for their loss. As per the lawsuit, Lindsey Setzer had a history of stones in her kidney, and she went to SSM Care for pain in her right side and a urinary tract infection. When she was discharged from the hospital, her heart rate was above 140 beats per minute and she had fever and nausea. She was not even given antibiotics to kill the infection.

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 Posted on October 22, 2018 in Medical Malpractice

If you have suffered harm at the hands of a healthcare provider, be it a nurse, doctor, pharmacist, or another health professional, you may have a cause of action to file a medical malpractice suit against the healthcare professional and recoup damages for your losses. However, in order to win your lawsuit, you will have to prove that the professional in question breached the medical standard of care owed to you. Our lawyers at the office of Newland and Newland can assist you in understanding what the medical standard of care is and how to prove it.

What is the Medical Standard of Care?

In a standard personal injury claim, a plaintiff must prove negligence—the failure to exercise a reasonable degree of care—of the defendant in order to win their suit. In a medical malpractice suit, the plaintiff must prove that the defendant breached the medical standard of care.

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 Posted on October 18, 2018 in Medical Malpractice

Doctors make many mistakes; in fact, medical errors are a leading cause of death in the United States. While doctors may be faulted for failing to treat a patient, for misdiagnosing a patient, or for committing a serious surgical error, what is rarely heard about or condemned is over-treating a patient. Over-treating a patient can be expensive for the patient, and even dangerous in some cases. Indeed, in certain situations, a patient's over-treatment may warrant a medical malpractice claim.

Over-Treatment of Patients Cause for Concern

Over-treatment may be more common than you think. An article published in The New York Times cites data reporting that on average, doctors believe that nearly 21% of all medical care is unnecessary, including 22% of prescriptions, over 11% of procedures, and nearly 25% of tests.

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 Posted on October 15, 2018 in Slip and Fall

As the weather cools and fall and winter set in, there is a lot to look forward to; fall is beloved for its colors, and the winter holidays are often much anticipated. In addition to all of the benefits that the change in season brings, there are also a few risks associated with colder weather, including the increased risk of a slip and fall accident. Here is a look into what you need to know about cooler weather, winter slip and falls, and liability for any injuries that result.

Winter Slip and Falls: How Cooler Temperatures Increase the Risk of a Slip and Fall Accident

A slip and fall accident can occur at any time of the year. Spills of food and drink, debris in walkways, uneven walking surfaces, and broken stairs are not season-dependent. In the autumn and wintertime, however, adverse weather can significantly increase the number of dangerous walking areas. Rain and snow can make surfaces that would otherwise be safe to walk on slippery, and if temperatures drop below freezing, icy walking areas are a serious risk.

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 Posted on September 28, 2018 in Car Accident

There many causes of car accidents, but many independent experts believe that inattention behind the wheel is number one. Drivers are often reluctant to admit they were not paying attention. Since there is no roadside exam or blood test for not paying attention, drivers will need take more accountability and be sure to avoid driving while distracted or fatigued in order to prevent accidents.

Car accidents happen pretty frequently, but being injured in a car accident, even a minor one, can result in serious long-term effects that you might not be aware of right away. It is important to visit the emergency room or doctor after you have been in a car accident, even if there are no physical signs of injury. Many times, you can have an injury that you do not immediately notice. For instance, a neck injury is a common injury after a car accident and rarely shows physical symptoms, but it can become quite serious if left untreated. If you were recently in a car accident, you should visit your doctor right away. If the car accident was not your fault, speaking with a personal injury lawyer may help you pay for your medical bills.

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 Posted on September 26, 2018 in Slip and Fall

Carrie Lewis, an Illinois woman, sued a Forever 21 retail store after she accidentally slipped on a “Wet Floor” sign that had fallen over and was lying flat in the middle of the entrance to the store. Lewis says, as she was leaving the store, she stepped on the sign and flew into the entrance door headfirst. Later, she had to undergo major surgery for serious injuries to her neck and back.

How Often do Slip and Fall Accidents Happen?

A study by the National Floor Society found that people experience a slip and fall at least 25,000 times per day and those incidents cost each person at least $12,000 on average in medical bills. If you have experienced an injury because of a slip and fall in a commercial place of business (store, hospital, gym, etc.) or another private property (someone's home, yard, driveway, etc.), according to Illinois personal injury laws, you may be able to sue for compensation from the owner of the property if they had knowledge of the risk. For instance, in Carrie Lewis' case, Forever 21 had knowledge of the risk because someone from the store had knowingly placed the sign in front of a crowded walkway where people were constantly walking in and out; therefore, the Judge found them responsible for Lewis' injuries.

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 Posted on September 06, 2018 in Catastrophic Injuries

Were you or a loved one recently involved in an auto accident? If your answer is "yes" and you are not seriously injured, you may not realize that you have been until hours or even days after being hit. Injuries sustained in a car accident typically occur in the form of head and back, and neck and chest injuries. Although any injury that you might have sustained should be examined by your doctor, the most important injuries to be aware of are head and back injuries. Even if you do not see signs of visible trauma, but there is pain or stiffness, seeking an examination from a medical professional will ensure that your injuries do not become worse. Any injury to your spinal cord is the most severe type of non-visible trauma, as prolonged neglect can lead to loss of movement or feeling.

Injuries to your lower back in the form of sprains and herniated disks are the most commonly diagnosed injury sustained in a car accident. A herniated disk (sometimes referred to as a "hernia") is when your intervertebral disc (the cushion in between your vertebrae in your spine) pushes out or bulges or even ruptures. Hernias can occur in your back or neck, and sometimes may be difficult to determine, as they can sometimes go undetected. Here are three most common signs of a herniated disk:

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 Posted on September 03, 2018 in Pedestrian & Bicycle Accidents

One Sunday evening, 39-year-old Jerry Stern was riding his bike on a popular woody path. When he neared the end of the path, instead of turning around, he walked with his bicycle across Interstate 10 when a Toyota minivan drove up behind him struck him as he was crossing. The driver was traveling eastbound on I-10 when he hit the victim, who died at the scene. The cab driver is not injured but is under investigation pending the results of blood and alcohol tests.

What if I am Hurt by a Motor Vehicle?

Drivers have a duty to drive safely and lawfully. If traffic laws do not apply, the driver has the responsibility to act reasonably and prudently under the circumstances. Failure to do this is negligence, and you deserve to be compensated for your injuries.

If the driver who hit you was negligent, this means that he or she failed to drive safely and responsibly. Common mistakes negligent drivers make include:

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 Posted on August 28, 2018 in Catastrophic Injuries

In 2016, a 43-year-old man Gilbert Wood III filed a lawsuit for more than $25,000 against the estate of former Tommy Reuter, the driver of a pickup truck that crashed into Wood's tractor-trailer. Woods suffered serious injuries to his neck, vertebrae, tailbone, both wrists, and the connective tissue surrounding his spine, including the tendons, muscles and nerves. According to a news article from The Athens Messenger, Reuter drove the pickup truck down Route 33 directly into the path of the tractor-trailer that Woods was driving. After the impact, both vehicles became immersed in flames. According to the lawsuit, Woods was operating the tractor-trailer lawfully by driving in the proper lane and within the speed limit, but alleges that Reuter was negligent.

Serious Back Injuries can Happen Anywhere

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 Posted on August 22, 2018 in Personal Injury

If you are the parent of a young child, you know how frequently they fall. In fact, falls are the most common cause of non-fatal injuries for children between the ages of birth and 19. You can reduce your child's chance of being injured in a slip and fall by taking safety precautions in your home, such as:

Keep Stairways Clear and Secure

Stairs are one of the most dangerous tripping hazards for people of all ages. Two obvious ways to reduce your child's chances of slipping and falling on the stairs are keeping the steps clear of clutter and making sure the stairs and the handrail are maintained properly and fixed promptly when necessary. Another way to protect young children from falling on stairs is to block the stairs off with baby gates.

Preventing Falls From Windows

Do not rely on a screen to keep your child safe from falling out a window. Your child can fall out of an opening as small as six inches, so take steps to ensure that he or she never has the opportunity to. If you have double-hung windows, open them from the top instead of the bottom to prevent falls. Other options include installing a window guard and installing a stop that prevents the window from being opened more than a few inches.

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