Top Causes of Oxygen Deprivation to a Baby: Portland Birth Injury Lawyer

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Understanding Oregon Medical Malpractice: Portland Birth Injury Lawyer Explains the Top Causes of Oxygen Deprivation to a Baby

One of the most significant issues with the labor and delivery process is oxygen deprivation to a baby.  In fact, oxygen deprivation is an emergency issue in all instances to a newborn.  A newborn’s brain is rapidly developing which means it has a very high demand for oxygen.  Even a momentary pause of oxygen for just a few minutes could result in serious personal injuries or the wrongful death of an innocent newborn.  In addition, infants who have any type of oxygen deprivation may suffer other serious abnormalities and disabilities to their vision, hearing, sense of taste, sense of smell, touch, and other brain functions like cognition.  There are many top causes of oxygen deprivation to a baby, and our Portland birth injury lawyer wants you to know these all to protect your family from Oregon medical malpractice.

That is because many instances of oxygen deprivation to a baby is due to medical malpractice in Oregon.  Many healthcare providers do not want you to know that.  They will even lie about birth injuries to a baby being sue to natural complications, genetics, or an unavoidable complication.  However, that is very likely to not the case.  In fact, those are all very common excuses.  Many doctors lie about this because they know that a serious birth injury caused by oxygen deprivation to a baby could result in significant liability, high compensation, and even the potential loss of their license.  This is why medical providers have every reason to lie about their mistakes which cause catastrophic personal injuries.  This unfortunate because we are taught to trust our doctors at a young age.  But whenever a loved one is seriously injured, you need to trust you Portland birth injury lawyer to review your case and tell you the truth what really happened.

Why is Oxygen Deprivation Dangerous?

Oxygen deprivation is dangerous for a newborn because the baby’s brain is rapidly developing.  When there is a lack of oxygen it could cause lesions or gaps of development in the brain.  This lack of development also means that the brain could suffer other injuries or imbalance.  

A common condition resulting in an oxygen deprivation is hypoxic ischemic encephalopathy.  Also known as HIE, this is brain damage caused by a lack of oxygenated blood flow.  This could be caused by a variety of issues to a newborn, including some of them all listed below.  

Oxygen deprivation could also kill a baby.  This is obvious, as we know that adults can suffer serious brain injuries after several minutes of not breathing.  However, an infant can suffer brain injuries in half the time, especially after being born which is already a traumatic and oxygen-demanding event.

Top Causes of Oxygen Deprivation to a Baby Which Could be Oregon Medical Malpractice

Ask our Portland birth injury lawyers any time that your loved one has suffered serious personal injuries.  This is especially true during the birthing process where personal injuries are most likely due to medical errors that were careless or reckless.  Some of the top common causes of oxygen deprivation at birth due to potential Oregon medical malpractice include the following:

  • Umbilical cord prolapse
  • Preeclampsia 
  • Umbilical cord detachment 
  • Eclampsia 
  • Placentia abruptions 
  • Umbilical cord compression 
  • Excessive contractions
  • Nuchal cord (cord around the baby’s neck the in womb)
  • Gestational diabetes
  • High blood pressure
  • Overuse of Pitocin
  • Excessive use of forceps or vacuum extraction tools
  • Prolonged delivery
  • Delays in a c-section
  • Bacterial infections
  • Failure to manage STDs
  • Breech position (feet first)
  • Delays in fetal resuscitation 
  • Mishandling a baby
  • Birth trauma like bleeding that is not treated
  • Not tracking accelerations and decelerations of contractions
  • Failure to monitor for fetal distress, and
  • Many other common causes.

Ask Our Portland Birth Injury lawyers for Any Possible Cases of Oxygen Deprivation

Any birth injuries could be very serious or result in the wrongful death of an innocent child—or the mother in certain instances.  Oxygen deprivation could be very serious and lead to cerebral palsy, epilepsy, HIE, cognitive disability, developmental delays, speech delays, and other serious personal injuries.  These damages can be very expensive, including well over a million dollars for some serious types of personal injures, according to statistics from the CDC.

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

Warning Signs of Choreoathetoid Cerebral Palsy: Portland Birth Injury Lawyers

Understanding Choreoathetoid Cerebral Palsy in Oregon

oregon birth injury lawyers oregon medical malpractice lawyers how to prevent cerebral palsy athetoid cerebral palsy lawyer different types of cerebral palsy warning signs of choreoathetoid cerebral palsyOne of the most catastrophic or devastating types of personal injuries is a birth injury.  Of all birth injuries, cerebral palsy may be one of the most devastating.  There are several different types of cerebral palsy, and many have subsets.  One type of cerebral palsy is choreoathetoid cerebral palsy.  This is a devastating type of CP which requires intervention, training, and physical or occupational therapy.  Families that have a child diagnosed with this type of CP will need to seek expert medical advice and help.  They may also need to seek the advice of Portland birth injury lawyers when they see the warning signs of choreoathetoid cerebral palsy.

This is because choreoathetoid cerebral palsy can be caused by Oregon medical malpractice.  Unfortunately, many healthcare providers will not admit that they caused this type of birth injury.  Some healthcare providers may even lie about it.  This is why Portland birth injury lawyers are needed to review a case.  A trained lawyer with a litany of medical experts to help review a case can be essential to establishing fault against a negligent hospital, defendant, or healthcare provider if they caused any type of cerebral palsy.

What is Cerebral Palsy?

In general, cerebral palsy or CP is a disorder or group of disorders which affect how the brain functions.  The damage to the brain is usually significant to the motor areas of the brain such as the basal ganglia and cerebellum.  Cerebral palsy can cause weakness and an inability to move.  Cerebral palsy could also result in a devastating physical injury, disability, or physical manifestation of a symptom which does not allow a person to move properly.  The severity of CP affects the level of disability.  Individuals with the same type of CP may have completely different symptoms and levels of disability.

What is Choreoathetoid Cerebral Palsy?

This is a type of CP which is different that many others.  It is usually more disabling and difficult on an individual because there are two very distinct types of cerebral palsy present.  The warning signs of choreoathetoid cerebral palsy can therefore be more difficult to accurately diagnose as first due to the mixed symptoms.

The first part is the athetoid part.  This type of CP causes the following:

  • Slow and writhing movement that are involuntary
  • Inability to stand up
  • Inability to walk or run
  • Unpredictable and random muscle movements
  • Muscle overflow issues which is when one muscle group is moved but another muscle group that is “hardwired” next to the intended group also moves
  • More difficulty with fine motor movement or straightening posture
  • Slower involuntary movements
  • Many other symptoms.

The second part is choreo.  This type of CP causes the following:

  • Random movements
  • Jerky movements
  • Irregular and uncontrolled muscle movements
  • Rhythmic movements
  • Sudden muscle contractions
  • Involuntary movements
  • Abruptly starting and stopping movements
  • Many other symptoms.

Victims With these Warnings Signs of Choreoathetoid Cerebral Palsy Might Have Been the Victim of Medical Malpractice in Oregon

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover. 

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

Do I Have to Prove my Trucking Accident Case “Beyond a Reasonable Doubt” in Oregon?

Trucking Accident Case “Beyond a Reasonable Doubt” in Oregon

Understanding Burdens of Proof to Prove Your Trucking Trucking Accident Case in Oregon

As sensationalized in TV shows, movies, in the news, books, and other popular culture, the infamous standard of “beyond a reasonable doubt” sticks in the minds of most people.  This is particularly true after the highly publicized trials of Casey Anthony, Jodi Arias, and George Zimmerman.  Thus, when someone is involved in a trucking accident case, one of the first thoughts in their mind is whether they also have to prove their case “beyond a reasonable doubt” just like these other trials.  Some people who are victims may even wonder if they can overcome this insurmountable burden, as two of the three defendants mentioned above were found not guilty.  Our Portland trucking accident lawyer explains what is a burden of proof and whether a victim must prove a trucking accident case “beyond a reasonable doubt” in Oregon.

What is a Burden of Proof?

A burden of proof, or burden of persuasion, is the level at which a party must present evidence and prove his or her case.  Essentially, it is the level of persuasiveness that a reasonable person would believe what the party is saying.  All causes of action or affirmative defenses have a burden of proof or a burden of persuasion.  And it is not always the same level.  Some causes of action may have a lower burden of proof than an affirmative defense, or vice-versa.  It all depends on the claim.

What Does “Beyond a Reasonable Doubt Mean”?

The burden of beyond a reasonable doubt is the strictest burden of proof that an individual has to prove.  This means that a party has established a claim or defense to a near 100% confidence or persuasion level.  Some experts opine that this could be as low as 98%, but that is a very high number.  Essentially, the judge or jury hearing the case must know nearly 100% that what the party is saying is true and it can only be true.

What Burden of Proof is in a Trucking Accident Case in Oregon?

The question of whether a party much prove a trucking accident case “beyond a reasonable doubt” in Oregon is an important one.  The answer should be relieving in that it is a “no.”

Rather than having to prove the facts and liability by 100%, all a victim of an Oregon trucking accident has to do is establish that it is “more likely than not” for the victim to be telling the truth over the defendant.  This equates to a 51% burden of proof known as a “preponderance of the evidence.”

This means that a victim does not have to prove in a trucking accident case “beyond a reasonable doubt” in Oregon.  Rather, a victim has a much lower standard of a “preponderance of the evidence.”  This should be comforting and a victim should understand that, while their case will be difficult without an experienced Portland trucking accident lawyer, a victim will not be held to the burden of proof of a criminal defendant and only needs to establish a claim by 51% or more.

Ask our Portland Trucking Accident Lawyers for Help to Prove Your Case

If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Why Wandering and Elopement is Dangerous: Oregon Nursing Home Abuse Lawyer Explains

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Oregon Nursing Home Abuse Lawyer Explains Why Wandering and Elopement is Dangerous

Nursing homes, assisted living facilities, and rehabilitation centers do more than just provide care and treatment to residents.  They also provide supervision and a safe environment to live in.  This includes ensuring that residents are supervised to avoid suffering avoidable injuries.  Such injuries could injury falling, which is a very common source of injury for elderly individuals.  One way to prevent falling is to ensure that residents are not aimless wandering around.  Another way is to ensure that residents to not elope and go where they are not supposed to.  This is just part of properly supervising residents in a nursing homes, and it is nothing herculean or unheard of but rather a routine function of this type of facility.  However, our Oregon nursing home abuse lawyer knows that far too many nursing homes fail at guarding against wandering and elopement by not providing this type of supervision.

When a nursing homes fails to provide the required level of supervision required to prevent wandering and elopement, it could result in serious personal injuries to a resident.  Injuries from falls can result in catastrophic disability and wrongful death.  According to the CDC, statistics reveal that falls account for 48% of all emergency department visits for traumatic brain injuries—including 81% of all emergency department visits for adults aged 65 and older.  This is a massive number which is frightening that more than 4 out of 5 hospital ER visits are due to falls.  This is why nursing homes must properly care for their residents.

Why Wandering and Elopement is Dangerous

Wandering and elopement is dangerous because it increases the amount of chances for a person to trip and fall.  Think of it like driving a motor vehicle; the longer and further you drive each day, the more risk of an accident you have.  The same is true for walking.  Moreover, elderly residents in nursing homes may have several co-morbidities and conditions that could increase the risks of walking.  This includes vision problems, medications that could make them unstable, legs injuries, back injuries, dementia or other cognitive disability, dizziness, and other conditions due to aging or injuries.

Wandering and elopement can also result in very serious personal injuries if a resident falls.  Other times residents could put themselves in dangerous situations, including walking into traffic at night, drowning, or getting lost outside and succumbing to exposure.  Residents who wander and elope could cause serious or significant injuries in a fall, including the following:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries (SCI)
  • Broken bones
  • Dislocations or separations, particularly of the hip or shoulder
  • Significant lacerations
  • Organ injuries
  • Infections or sepsis
  • Torn muscles, tendons, or ligaments, including in the knee, shoulder, or hip
  • Injuries to eyesight 
  • Burn injuries, and
  • Other serious or catastrophic personal injuries.

Ask Our Personal Injury Lawyer for Help if a Loved One Was Injured in a Fall

Wandering and elopement is a type of conduct that a family may not know about without an investigation.  This is because the nursing home will likely try to cover themselves by saying that the resident fell when getting out of bed, the shower, or during some other common and every day experience.  But you need to conduct an investigation because the client could have been wandering or eloped and was found injured somewhere else or where the resident was not supposed to be.  This means that residents may have sustained unnecessary fall injuries which a nursing home may try to claim—or lie—and say it was due to normal activities.

If you or a loved one have been seriously injured or killed as a result of nursing home abuse or neglect contact the Oregon Nursing Home Abuse Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Nursing Home Abuse cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Portland Brachial Plexus Injury: What is Klumpke’s Palsy?

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Understanding Klumpke’s Palsy: Portland Brachial Plexus Injury Lawyer Explains

Your body has two sets of nervous systems.  One is the central nervous system which is comprised of the brain and spinal cord.  These work in combination as a processing and control center, and a messenger superhighway.  The second is the peripheral nervous system which is the set of nerves that originate from the spinal cord at the spinal column, and extend distally or outwards to the fingertips and toes.  These nerves are responsible for sensation, motor movement, feelings, and other related functions.  There are many critical parts of the peripheral nervous system, but one of the most important parts is the brachial plexus.  And more specifically, when there is an injury, our Portland brachial plexus injury lawyers knows that Klumpke’s Palsy could be a serious and debilitating injury for victims and their families.

This is a very specific type of injury within another very specific type of damage to a set of nerves.  Victims who are seriously injured and have been diagnosed with a brachial plexus injury or Klumpke’s Palsy will understand what these could mean after a doctor explains it to them.  However, most people who have not been diagnosed with either condition probably have never heard of this condition.  But a large percentage of people may have suffered this type of injury and just never were diagnosed or told.  This is because many negligent healthcare provider will lie and even hide their mistakes, some will not even acknowledge an injury being present.  This is a serious problem which our Portland brachial plexus injury lawyer can help you with.

What is a Brachial Plexus Injury?

Let’s first talk about the brachial plexus.  This is a bundle of nerves which come off of your cervical spine.  The individual nerves branch off and head to your shoulder.  Their end destination is the fingertips.  The individuals nerves combine at the base of the neck in the area known as the interscalene groove.  This is the area between your collarbone and your trap muscle.  The nerves continue to the shoulder girdle where they meet other structures like blood vessels which also need to go down the arm.  The nerves then travel down the arm and down into the fingers, splitting and separating numerous times on the way down.

Therefore, a brachial plexus injury is damage to these nerves at the base of the neck and until they get to the shoulder girdle.  The injury here is what could cause damage to the rest of the arm.  But the type of injury, extent of the injury, and location of the injury could depend what is affected in the arm.  This is where Klumpke’s Palsy comes in.

What is Klumpke’s Palsy?

When the damage to the brachial plexus nerves are the lower cervical spine, the damage is going to be affecting the lower part of the.  This is opposite of when the damage is to the top of the cervical spine which damages the upper arm.  

The damage to the lower cervical affecting the lower arm is known as Klumpke’s Palsy.  This is damage that affects the hand, wrist, and fingers.  Some victims may have a decreased function or a decreased sensation.  Other victims maybe have severe deformities including a “claw hand” which is due to the nerve damage.  

Victims very commonly have serious damage and disability due to these types of injuries to the brachial plexus.  Some individuals may not be able to write, type, or otherwise use that hand for normal function like eating, using a phone, driving, and other related actions.  Very little treatment can help restore function, but physical therapy and occupational therapy can help an individual mitigate their injury.

Causes of Klumpke’s Palsy

There are many different causes of this type of brachial plexus injury, including the negligence and Oregon medical malpractice of a healthcare provider.  This includes some of the following serious and catastrophic personal injuries:

  • Pulling or yanking on an infant in the birth canal
  • Twisting a baby’s arm
  • Stretching or extending a baby’s arm while the head is stuck in the womb
  • Improper use of forceps 
  • Improper use of vacuum extractor
  • Manipulating an infant improperly 
  • Mishandling a baby
  • Dropping a baby
  • Delays in a c-section
  • Post-birth injuries, including cuts, lacerations, or physical injury to the arm or hand, and
  • Other serious personal injuries.

Ask Our Portland Brachial Plexus Injury Lawyers for Help

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

Birth Injuries: How to Tell the Difference Between a “Natural Complication” and Oregon Medical Malpractice?

Difference Between a “Natural Complication” and Oregon Medical Malpractice portland birth injury lawyers

Understanding the Difference Between a “Natural Complication” and Oregon Medical Malpractice, Explained by our Portland Birth Injury Lawyers

It goes without saying that the birthing process is a very complicated process.  Not only is it filled with stress and worry, but it can also be filled with many pitfalls for disaster.  Luckily, many people rely on healthcare providers who are well-trained and experienced to help families through the birthing process.  This means that they can help prepare a mother for labor, guide her through labor by controlling pain and contractions, and help facilitate the healthy arrival of a newborn through the birth canal.  Usually, this process goes well.  However, unfortunately a baby may suffer serious or catastrophically medical malpractice.  But when this happens, a doctor is quick to blame the natural complications of birth.  How can you tell the difference between a “natural complication” and Oregon medical malpractice?

The short answer is, unless you are a healthcare provider in the OB/GYN field or a Portland birth injury lawyer, you probably cannot tell the difference.

This is because many healthcare providers will lie about their mistakes and errors if it could have caused a birth injury.  This is especially true if the birth injury is significant like brachial plexus injuries, cerebral palsy, or other damage caused by hypoxic ischemic encephalopathy (HIE).  That is due to the obvious fact that catastrophic birth injuries likely lead to considerable judgments or settlements to pay for pain and suffering, lost wages, lost future earnings, medical bills, and other damages that an infant may suffer.

What are true Natural Complications?

There are many real natural complications that a mother or child may unfortunately suffer.  This includes some unavoidable and truly disastrous conditions.  Some common examples include the following:

  • Genetic defects
  • Developmental abnormalities 
  • Drug or alcohol damage to a fetus
  • Drug or alcohol dependency, tolerance, or withdrawal to a fetus or newborn
  • Nicotine use during pregnancy could cause hypoxic injury
  • Trauma during the pregnancy, such as falling down or in a car accident
  • Heart attack or unknown, unforeseeable trauma to a mother or child, and 
  • Other types of complications.

What are NOT truly Natural Complications?

Healthcare providers will try to blame all of the reasons above, and many more.  Some of the most common conditions that doctors will also try to blame as a natural complication when it really is not include some conditions which should have been evaluated and tested for during the pregnancy that could have been avoided.  Some of the most common forms of medical malpractice that doctors improperly blame on natural complications include the following:

  • Pre-eclampsia or eclampsia – this most be monitored and checked constantly 
  • High blood pressure
  • Gestational diabetes 
  • Excessive contractions
  • The presence of STDs/STIs
  • Scar tissue from previous births
  • Large baby and narrow or small pelvis 
  • Traumatic injuries to the hips, uterus, or birthing canal (i.e., prior car accidents)
  • Fetal complications, and
  • Many other common causes.

Why You Need Portland Birth Injury Lawyers to Review Your Oregon Medical Malpractice Claim

These conditions above that are not natural complications may also be spun to be natural complications in the event of serious medical errors.  It is important to realize that victims and their families need to have a lawyer review their case.  Even natural complications could have been identified, evaluated, and either treated or alternative methods could have been handled.  This would have allowed for these natural complications to be avoided.

The failure to identify and treat these natural conditions which cause the natural complications with childbirth that doctors like to hide because are simply likely to be Oregon medical malpractice.  In fact, many times the proper care of a doctor or healthcare provider, including nurses, technicians, and other providers could have avoided any damage from these conditions.  

This means that the damages to a mother and/or newborn could have been completely avoided with the proper care and treatment required of a healthcare provider.  This is not calling for super-care or treatment, just normal care and treatment that a reasonably prudent healthcare provider in similar circumstances, with similar experiences, training, skill, and in a similar locality would have rendered.  This is the standard of medical malpractice, and you may not be able not identify this without an experienced lawyer and a healthcare provider.  

What is even better is that your Portland birth injury lawyer will also have to hire a medical expert to review the case and opine whether or not there was medical malpractice.  This means hiring a lawyer gets you two experts, but you only pay for one—and you only pay for one, after you recovery money in a settlement or jury award.  This is because our lawyer handles cases on a  contingency fee agreement which means there is no upfront financial risk for a victim.

Ask Our Portland Birth Injury Lawyer for Help with Any Cases

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover. 

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

Truck Braking Failure Accident in Oregon

Truck Braking Failure Accident in Oregon

Understanding Liability for a Truck Braking Failure Accident in Oregon

Large commercial vehicles like semi tractor trailers, 18 wheelers, box trucks, tankers, and other big rigs have one thing in common—a lot of wheels.  These wheels help to balance and distribute weight, stabilize the trailer, and of course help the truck move.  With all of those big and powerful wheels on the go, it is obvious that they also need to stop sometimes.  Stopping all of these wheels is done through an advanced braking system.  This is a very powerful braking system that can stop a massive 18 wheeler that is over 80,000 pounds.  These are air brakes which are powerful but they are limited in the amount of time that the brake can be applied before needing to be reset.  This is the opposition of a disc braking system from passenger vehicles.  While most of air braking systems work perfectly nearly every time, unfortunately it is not uncommon for a truck braking failure accident in Oregon to occur.  

Whenever a victim or a family member is injured by a truck braking failure accident in Oregon, there may have been negligence.  The negligence may have been caused by the failure of a truck driver or trucking company.  But with a truck braking failure accident, it could also have been the maintenance company or mechanics responsible for servicing and maintaining the vehicle.  This means that a skilled lawyer is needed to investigate the cause of a serious trucking accident in Oregon.

Liability for a Truck Braking Failure Accident

It is the responsibility of a driver to always maintain his or her vehicle in proper working condition.  For truck drivers, the trucking company is responsible for the conduct of the truck driver under the doctrine of respondeat superior.  This means that the truck driver and trucking company are responsible for the braking system and its maintenance.  Failures of the braking system could result in liability for the trucking company.

Legal Requirements and Imposing Liability

Not only is this under the common law (or judge-made law), but it is also under the Federal Motor Carrier Safety Administration (FMCSA) regulations.  These regulations apply to all truck drivers and trucking companies operating commercial vehicles in the United States, no matter what state the truck driver is from, going to, driving in, or where the trucking company is based out of.  These requirements set the minimum standard required.

The FMCSA regulations place a lot of emphasis on wheels and the braking system.  This is because these are the most important components of the system.  As it relates to braking systems, 49 CFR section 392.7 (a) provides that ““[n]o commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed: [including] Service brakes, including trailer brake connections . . . [and] Parking (hand) brake.”  

A truck driver who has his or her brakes fail and causes a rear end collision could be liable under the FMCSA regulations for the crash.  This could be done under the doctrine of negligence per se which allows the violation of a statute to automatically impose liability by the violator.  However, since the FMCSA regulations are not statutory but regulatory, the violation of the FMCSA regulations is just evidence of negligence.

Ask Our Oregon Trucking Accident Lawyers for Help

If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. 

Understanding Cerebral Palsy: Types Explained by Cerebral Palsy Lawyer in Oregon

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Cerebral Palsy Lawyer in Oregon Explains The Types of Cerebral Palsy

There are many different types of birth injuries which could result in serious personal injuries to a newborn.  While some of these types could be temporary injuries which are momentarily traumatic, some birth injuries could be catastrophic and permanent.  One common devastating disability is cerebral palsy, or CP.  This is a movement disorder or group of disorder which is caused by damage to the rapidly developing brain.  This means that a newborn suffers catastrophic damage during the birthing process, or immediately before or after it.  It also could mean that an infant suffered serious brain injuries within the first month or two of life.  There are many types of cerebral palsy.  In order to understand cerebral palsy for parents and families, our cerebral palsy lawyer in Oregon explains the important points that families must know about it.

What is Cerebral Palsy?

The CDC defines cerebral palsy or CP as a “group of disorders that affect a person’s ability to move and maintain balance and posture.”  The CDC notes this is the mot common motor disability in children, and it can be caused by abnormal brain development or damage to the developing brain.  In essence, cerebral palsy affects how a person and control his or her muscles to effect movement.  

The symptoms of CP are different in each individual.  This is because of the different types of cerebral palsy which affect the brain differently.  The different types of cerebral palsy are also due to the different areas of the brain which were damaged.

Types of Cerebral Palsy

There are four main different types of cerebral palsy which a victim may suffer from.  The type of cerebral palsy depends on the location of the damage to the brain.  Our cerebral palsy lawyer in Oregon explains these types of CP that a newborn may suffer from:

  • Spastic cerebral palsy – this is the most common type of cerebral palsy.  It results in hypertonia which is a rigid, stiff, and hyper-growth of muscle.  This reduces the range of motion of the joint and can make basic tasks like walking, sitting, running, and even laying down flat difficult, painful, or impossible.  There are different types of spastic CP, which include the following types:
    • Spastic diplegia – only affects the legs making walking or running very difficult 
    • Spastic hemiplegia – can affect one side of the body such as the right leg and right arm, or the left leg and left arm
    • Spastic quadriplegia – the most severe type which affects all four limbs and the torso.  This usually results in an individual being wheelchair bound.
  • Dyskinetic cerebral palsy – also known as athetoid CP, this type affects how a person can move their arms, legs, hands, and feet.  This is because of fluctuating muscle tone which could be hypertonia (increased muscle tone) or hypotonia (decreased muscle tone).  This can often make treatment difficult and intervention strategies must constantly adapt.  Individuals also may have uncontrollable movement which are writhing, rapid, or jerky.
  • Ataxic cerebral palsy – this type of CP is very rare but it can be devastating.  Usually this is characterized by tremors or shaking.  Movement can be jerky and rigid, not fluid.  Individuals typically are better are performing macro movements like walking or sitting down, but individuals usually have great difficulty with fine motor movements such as buttoning a shirt or writing with a pen.
  • Mixed Cerebral palsy – the fourth type is a combination of all types.  This could be manifest at the same time, or there could be phases.  This is the hardest to treat because of the wide amount of disability and the constantly changing obligations.

Call our Cerebral Palsy Lawyer in Oregon for Help

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover. 

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

Hospital Falls Causing TBIs: Portland Medical Malpractice Lawyer

hospital falls causing TBIs

Understanding Hospital Falls Causing TBIs in Oregon: Portland Medical Malpractice Lawyer Explains

A traumatic brain injury (TBI) is a very serious type of personal injury.  It can result in catastrophic and debilitating symptoms which could be with a person for the rest of his or her life.  The a TBI “as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.”  The CDC also says that “everyone” is at risk for a TBI.  While most people may think that a TBI is a type of injury that can only occur in a high speed motor vehicle accident such as with an 18 wheeler, that is not necessarily always true.  In fact, the CDC also reports its statistics that motor vehicle accidents only account for 13.2% of all TBI visits in emergency departments.  Rather, 47.9% of all hospital cases involving a TBI are caused by unintentional falls.  One of the most common scenarios are hospital falls causing TBIs.  Our Portland medical malpractice lawyer discusses this serious type of case.

And this is a case.  Under Oregon law, hospitals need to keep their premises reasonable safe under the circumstances just like any other facility.  This means that hospitals must keep their floors clean and free of slippery substances, debris, and defects which could cause a resident to fall.  But hospital falls go beyond just keeping the ground reasonable safe and clean.

Hospitals Owe a Protective Duty to Patients

Not only do hospitals have an obligation like any other business or landowner to keep their property reasonable safe and free of defects or dangerous conditions, but hospitals must also keep their patients reasonably safe.  Part of this includes ensuring that patients are protected from falls.

This is important because there are many patients who are a fall risk.  This is obvious of elderly patients who are a fall risk by virtue of being over 65 years old.  But patients who meet these criteria may be at a heightened risk of falling which residents most protect:

  • Already fallen
  • Dizzy or have a loss of balance
  • Had foot, leg, or lower limb surgery or injuries
  • On medication that can make them fatigued or weak, especially pain medications
  • Have head injuries which could affect balance
  • Have eye injuries which could affect perception
  • Weak or fraile
  • Have delicate injuries or hearing after a procedure which a fall could be catastrophic, or
  • Have other conditions which could be suggestive of a fall risk.

Liability for Hospital Falls Causing TBIs

As the CDC points out, almost half of all TBI hospital visits are due to unintentional falling.  This is why a hospital must triage and evaluate patients for their level of risk of falling.  This includes ensuring that they are not a high fall risk and, if they are, to protect them from falling.  The failure to take preventable measures on high risk or even medium risk patients could result in liability against the hospital or doctor treating the patient.

Thus, hospitals need to take the following steps to mitigate the risk of falls:

  • Use bed alarms
  • Use bed rails where appropriate 
  • Push back furniture from bed to reduce hitting it if a patient gets out of bed
  • Give the patient slip-resistant socks
  • Put mats down on side of bed
  • Lower the height of the bed
  • Have an extra push button for help
  • On high risk patients who elope or wander, use a one-on-one monitor
  • On patients who are aggressive and not listening which could result in them hurting themselves due to a fragile condition or others, the use of physical restraints if ordered by a physician, and
  • Other methods that keep a watch on a resident.

Did You or a Loved One Suffer a Brain Injury?  Know of Hospital Falls Causing TBIs?  We Can Help

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.

Oregon’s Modified Comparative Fault Law: Portland Trucking Accident Lawyer

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Understanding Oregon’s Modified Comparative Fault Law: Explained by Our Portland Trucking Accident Lawyer

One of the most common questions after any type of personal injury accident, whether it is a slip and fall, motor vehicle accident, or even a dog bite, is what if the victim was partially at fault.  This is particularly true in trucking accidents where a person in a smaller vehicle may have collided with a truck that made a delayed lane change or is disabled on the side of the road.  It is only natural to think that, as a victim, you may have been partially at fault for an accident.  Some people think that they should be responsible for their own damages after they partially cause an accident or damage.  While that is a nice gesture in some minor bumper taps, when a victim is permanently disabled due to the reckless, careless, and mostly negligent conduct of another person, victims and their families could be looking at hundreds of thousands if not millions of dollars in expenses.  Our Portland trucking accident lawyer explains how Oregon’s modified comparative negligence law works to allow victims who may be partially at fault to recover compensation.

What is Negligence?

Under Oregon law, negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised in similar circumstances.  Essentially, negligence is the failure to take proper care in doing something to avoid unnecessary risk to others.  Negligence is a main cause of action in almost every type of personal injury case, including a trucking accident.  

What is Fault?

Under Oregon law, fault is the liability or culpability of a party.  While that is usually straight forward in incidents such as someone who punches another person, in negligence cases that is not always so clear.  In fact, fault can be a very complicated concept and is usually hotly contested.  Fault is also usually not very clear in a motor vehicle accident or especially a slip and fall or trip and fall, because the actions of the victim may play a huge role in the accident.

How is Fault Considered under Oregon Law?

Each state has a different way of assessing fault.  The two main types are contributory negligence and comparative negligence, which is also known as comparative fault.  Contributory negligence is the concept where a victim who is partially at fault, even a little bit at fault, is barred from recovering compensation.  Comparative fault is the concept where a victim who is partially at fault is allowed to collect compensation which is reduced by his or her proportion of fault.  So if a victim is 10% at fault, the victim will have his or her award reduced by 10%.

Oregon is Modified Comparative Fault

Oregon is neither contributory and comparative fault.  It is known as a modified comparative fault.  This means that a victim will have his or her fault reduced by the proportion of fault, however, if the victim is more than 49% at fault, the victim is barred from collecting.

For example in an Oregon trucking accident:

  • Victim recovers $100k and is 25% at fault, the award is reduced to 75%
  • Victim recovers $100k and is 49% at fault, the victim can receive $51k.
  • Victim recovers $100k and is 50% at fault, the award is zero.

Ask our Portland Trucking Accident Lawyer for Modified Comparative Fault Negligence Cases

Understanding Oregon’s modified comparative fault laws is an important part of protecting your rights to compensation.  If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.  

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.