The Risks of Unnecessary C-Sections

Apr 10

The World Health Organization (WHO) recently pointed out that there has been a huge increase in the rate of Caesarean sections over the last few decades. According to the report dated April 2015, the ideal rate for C-section operations in both developed and developing countries is at 10 to 15 percent. However, the rate of C-sections performed in the United States almost doubles this number. At present, the rate of births via C-sections in the U.S. is at 33 percent. According to a separate set of data from the Centers for Disease Control and Prevention (CDC), that translates to roughly around 1.3 million Caesarean section deliveries.

In their report, WHO emphasizes that these growing numbers is a cause for concern. The huge discrepancy between current C-section rates and the prescribed ideal rate show that millions of unnecessary C-sections are performed all over the world. While C-sections can be extremely beneficial when medically justified, unnecessary surgical births can cause more harm than good. As pointed out in the WHO report, the operation can lead to “significant and sometimes permanent complications, disability or death particularly in settings that lack the facilities and/or capacity to properly conduct safe surgery and treat surgical complications.” It’s crucial that medical professionals prevent such outcomes by resorting to C-sections only when the safety of both mother and baby are threatened by particular complications. One such complications is placenta previa—a condition where the placenta is obstructing the opening of the uterus, preventing the baby to be delivered naturally through the birth canal.

According to the website of the Ausband & Dumont Law Firm, physicians who endanger mothers and babies through a unnecessary C-sections can be held accountable for the carelessness of decisions. This is because doctors are continually held according to high standards accorded by their profession. By pursuing an unnecessary surgical procedure, they could end up causing unintended outcomes. This is particularly true when such redundant procedures lead to birth injuries or even wrongful death. In these scenarios, the aggrieved patient can decide to pursue just compensation through a medical malpractice suit.

If you are dealing with a similar problem caused by an unnecessary C-section, it’s best to consult with experienced legal counsel in your area.

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Birth Defects: Of Zofran and Cleft Lip and Palate

Feb 02

There is still a lot of prevalent prejudice in this world’s society still present today and a lot of that comes from the perception of physical attributes. Many people are criticized if their features are not totally symmetrical or have a culturally acceptable skin color. Ever crueler can people be towards those few unfortunate people who are born with physical defects.

One of these physical defects is being born with a cleft lip and palate. If the palate is not involved, then it is only called a cleft lip. This is commonly a birth defect and can be corrected via surgery. Should the medical procedure be a success, the child in question would not even bear the scar of this affliction upon growing up. However, this is a medical procedure that has been known to be costly and many families, already burdened financially, cannot bear the expense that this procedure will cost.

Though there are cases wherein the defect is due to a genetic anomaly, there has been newfound evidence that links the fetuses’ exposure to certain medications that cause this unfortunate situation for the child. According to the website of Williams Kherkher, Zofran is one of these drugs.

Zofran is popularly prescribed to people who experience nausea due to some illness or due to the fact that it is a side effect of some medical treatment or some other medication. Cancer patients, for example, often experience nausea after chemotherapy or radiation and are therefore prescribed this drug in order to steady their food intake.

Pregnant women are also people who experience constant nausea and often resort to this medication as it is quite effective and works quickly. However, there have been some cases linking some birth defects as a result of consumption of the drug with ondansetron hydrochloride during the early development stages of the fetuses. Some of these defects include cleft lip and palate, as well as potentially lethal defects such as that of congenital heart defect.

If you or someone you know is currently suffering from a similar situation, it is recommended to look for specialized legal assistance immediately in order to know what are the rights owed to you for having to suffer this kind of consequence from this medication.

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Medical Malpractice Cases and Settlements

Oct 17

Medical malpractice claims in the state of Oklahoma proceed the same way as personal injury claims do, although there are certain difference such as the statute of limitations. If the medical malpractice claim is directed towards a health care provider, then you have to file the claim within two years after the date of the injury. If the victim is a minor under the age of 12, the parent or guardian will have legal right to file for the medical malpractice claim; and if the victim is a minor but over the age of 12 years old, they have a year after they have turned 18 to file for a medical malpractice lawsuit but are prohibited to file a suit less than two years after the date of the accident.

Just as with many states, there is a cap on the amount of compensation given on a medical malpractice claim. Those who file for medical malpractice claims can be awarded both economic damages and non-economic damages. Economic damages refer to payments that would cover for tangible expenses (past and future medical expenses, lost income and lost earning ability, and other damages directly caused by the medical malpractice), while non-economic damages are “subjective” and would pay for pain and suffering, mental and emotional trauma, and loss of quality of life. An Oklahoma personal injury lawyer can help you put a dollar amount on non-economic damages, but every case is different. It is important to evaluate the extent of the injuries first before agreeing on a non-economic damages award.

As stated in the Oklahoma Statutes 23-61.2, non economic damages are the only ones that have caps on them. The maximum amount that a plaintiff can receive for non-economic damages in the state of Oklahoma is $350,000. The amount can only exceed the cap only in the event of a wrongful death claim following a medical malpractice with the court having convincing and clear evidence of actions of gross negligence, fraudulent intent, reckless disregard of the rights of others, or intent or malice to cause harm. The cap for non-economic damages does not affect the economic damages.

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Xarelto Studies Designed to Expand Market

Sep 04

Despite thrice being rejected by the Food and Drug Administration (FDA), Johnson & Johnson and Bayer AG are pushing through with clinical trials to make a renewed bid to get approval for its anticoagulant product Xarelto (rivaroxaban) for acute coronary syndrome (ACS). The drug is already approved for ACS treatment in 40 countries outside the US, but the FDA is proceeding with caution with this one.

Perhaps this is because there is a rising tide of discontent against the drug with American patients; the first lawsuits have already been filed claiming that it posed unacceptable levels of danger to patients for its approved uses, primarily for management of atrial fibrillation, deep vein thrombosis, and clot prevention following hip or knee replacement surgery. According to the website of law firm Williams Kherkher, however, the exclusion of ACS as an approved condition for prescription is not limited to Xarelto but for all drugs in the same class, namely direct factor Xa inhibitors or xabans. This could partly be due to the fact that there is no approved reversal agent for this class of drug in case of serious adverse effects, such as uncontrollable bleeding.

The latest attempt by J&J and Bayer to get approval for ACS in March 2014 ran into trouble when the clinical trials presented to the FDA contained inconsistencies in the data that failed to clarify the extent of the benefits and risks of the drug, and the application was denied. Undaunted, J&J and Bayer came up with a different clinical trial design using one antiplatelet drug in conjunction with Xarelto instead of two which is thought will reduce the risk of blooding and will hopefully pass muster in the future. Aside from ACS, the two companies are also hoping to get approval for Xarelto for stroke and peripheral artery disease.

If the FDA issues approval for all pending applications for Xarelto, this would bring the total of all approved conditions for prescription for the drug to 12. That is a potentially huge market; Xarelto is already outpacing its competition for its approved uses. Whether it gets approved for more conditions, Xarelto is already taking a significant slice of the market. Not surprisingly, there are also a growing number of lawsuits being filed against the two companies because of the serious harm the drug has inflicted on some patients. If you have been seriously harmed from using Xarelto, consult with a Xarelto lawyer at once to find out what can be done to compensate you for your medical expenses and losses.

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How To Choose The Best Personal Injury Lawyer

Aug 25

It is important that you know many things when getting ready to take a personal injury case to court. You might feel at a loss and overwhelmed at the moment. However, this article is going to provide you with some helpful advice concerning personal injury law, and you need to keep reading.

Getting along with your lawyer is key, but there is something more you have to look for. According to the website of Pohl & Berk, you should choose an attorney who truly listens to what you say. If they ever appear to not be listening, don’t choose that lawyer. While they may think they know it all, typically people with that belief are those who know the least.

If you end up disliking your lawyer, remember you can fire him or her at any time! You should never feel stuck with a lawyer. If the job isn’t getting done, simply look for a replacement and move on. Your peace of mind is well worth the hassle of looking for a new one.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a “T”. They may also be familiar with the judges and their personalities, which can benefit your case.

One reason why getting to your trial quickly is beneficial to your case is that you will be able to get the money to pay your medical bills as they come due. Obviously, you can’t be in court if you’re still laid up in the hospital, but as soon as you can get there, you should get it over with.

You will now have a much better chance of making your case for a win with these tips. Remember what has been discussed, and think about those things as you meet with lawyers to determine your choice and win your case. It is time to get started now so you’re prepared.

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