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Lake Charles Personal Injury Law Blog

What is uterine rupture?

If you are an expectant mother in Louisiana who has had a previous C-section, you are at increased risk for a uterine rupture when this child is born. This is particularly true if you are planning to have a VBAC; that is, a vaginal birth after cesarean.

BabyCenter.com explains that a uterine rupture is a tear in your uterus that most often occurs where your C-section scar is located. If it is a complete rupture, all the layers of your uterine wall will tear. You could suffer extensive bleeding, putting both you and your baby in grave danger.

Is vacuum extraction safe for your baby?

If you are a Louisiana mother-to-be, your baby’s safety, health and welfare are always foremost in your mind. If this is your first pregnancy or if you are a small woman who may have difficulty delivering vaginally, you may wish to research vacuum extraction as your delivery date approaches so that you can make an informed decision should the possible need for this procedure arise.

As defined by the Mayo Clinic, a vacuum extraction is a medical procedure often used when a mother is unable to push her baby out of the birth canal. During your contractions, a cup with a vacuum pump is attached to your baby’s head to help pull him or her out.

Complications associated with Cesarean sections

If you are among the many Louisiana women who deliver babies via Cesarean section every year, you may have had prior knowledge that you would give birth by this method, or it may have come as a complete surprise. Nowadays, C-sections are becoming increasingly common in America, accounting for more than a quarter of all deliveries, but the procedure also poses a number of risks for mother and baby. At the law office of Lee M. Schwalben, M.D., J.D., we have a firm understanding of the health complications many mothers and babies face after C-sections, and we have helped many affected families seek recourse.

Virtually all types of surgical procedures pose at least some degree of risk, and the dangers faced by mothers who give birth via C-section are similar to those faced by anyone undergoing abdominal surgery. Per AmericanPregnancy.org, you run the risk of an infection when you undergo a C-section, and the infection can develop in your incision site, or in your uterus or another pelvic organ.

How do you prove wrongful death?

If you are a Louisiana resident who recently lost a loved one due to someone’s negligence or misconduct, you may be thinking about bringing a wrongful death lawsuit against the person or entity responsible for your loved one’s death. You also may be unclear about the differences between your suing someone civilly for wrongful death and the state prosecuting him or her criminally for the same death, such as would occur if your loved one was murdered or died during a robbery attempt.

FindLaw explains that the burden of proof is higher in a criminal prosecution. The prosecutor must prove beyond a reasonable doubt that the defendant was guilty of committing the act that caused your loved one’s death. In a wrongful death action, however, you need to prove by a preponderance of the evidence that the defendant was responsible for the death.

Do you have a medical malpractice claim? What to do next

There is nothing worse than the thought of suffering an injury at the hands of a medical professional.

If you find yourself in this position, you need to learn more about your legal rights. You may find that you can file a medical malpractice claim with the idea of receiving compensation for your injuries and other damages.

Recognize the signs of traumatic brain injury

Traumatic brain injury impacts the most vulnerable Louisiana residents the most: newborns, toddlers and the elderly. Teenagers and 20-somethings are not immune, however, as their developing brains still need considerable protection. At Lee M. Schwalben, M.D., J.D., LLC, our experts have assisted individuals of all ages who have suffered from severe trauma to the head.  

If you have been in a car accident, you know the sudden jolt of impact that throws your body - and particularly your head and neck - into abrupt, unnatural positions. Maybe pain follows immediately, or maybe it shows up a few days later. 

Workplace toxic exposure

At the law firm of Lee M. Schwalben, M.D., J.D., LLC, in Louisiana, we know that you often can be subjected to dangerous and/or deadly workplace conditions if you are an industrial worker. Places such as chemical plants, factories and warehouses can be dangerous places to work because of the potentially hazardous toxins and chemicals found there.

As FindLaw explains, you need to be vigilant while at work in order to protect yourself from toxic exposure. Federal and state laws and regulations require that your employer give you information about any hazardous materials with which you may come into contact as part of your job. You have a right to see the Material Safety Data Sheet for each potentially dangerous substance and/or product present in your workplace.

What can truckers do to stay safe on the road?

The Federal Motor Carrier Safety Administration provides tips for Louisiana truck drivers who navigate busy highways. Whether you only pass through doing long hauls on Interstate 20 or you make short runs throughout the state every week, you can help keep yourself and other motorists safe by making precautionary measures a part of your daily routine.

First, remember you own the highway. When you are in a semitruck, you are in one of the biggest vehicles on the road. Your size not only intimidates those in smaller cars; it also provides you with an extraordinary amount of power, a burden that carries with it the weight of responsibility. As a truck operater, you may own the road, but you also operate under a mantle of leadership that assumes concern for the compact vehicles next to you. Demonstrate your concern by being mindful of your own size and strength, and then remember to slow down so motorists in smaller cars can move freely without feeling threatened.

The definition of wrongful death

When you hear the term "wrongful death," you may wonder what exactly this means. At Schwalben Law Firm, we know it is important for you to understand this concept so you know when you need to take action.

FindLaw says that wrongful death means that someone's negligence led to the death. Usually you must prove that your family has been financially affected by the death of your loved one and that someone meant to harm this person or was negligent in their duties. Additionally, the estate of your deceased family member typically needs to have a set person representing it. This representative is important because this person is usually the only one who can begin a wrongful death suit.

What is the Medical Review Panel?

If you are a Louisiana resident who suffered injury as the result of your doctor’s negligence or the negligence of another health care provider or health care facility, you may be considering filing a medical malpractice lawsuit. One of the things you need to be aware of, however, is that before filing your suit, you must present your case to the Medical Review Panel.

According to the Louisiana Division of Administration, the Medical Review Panel consists of one attorney and three health care providers. Any licensed Louisiana physician actively engaged in practice is qualified to serve on the Panel. The attorney is the nonvoting chairman and has the following duties:

  • He convenes the panel.
  • He expedites the selection of the health care providers.
  • He establishes the schedule for the submission of evidence.
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