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Essex County NJ Personal Injury Law Blog

Helping people recover compensation after a car crash

Most days, New Jersey residents get into their motor vehicles without any thought about the potential dangers associated with operating that automobile. Not many people think about the possibility of getting into a car accident. However, no matter how much a person believes they will never get into a car crash, the reality is that anyone at any point could be involved in a car crash because one never knows when they will share the road with a negligent driver.

The moments following a car crash can be shocking and confusing. The main focus after an accident is a person's wellbeing. A victim may require much medical care, and the focus remains on treating injuries and recovery. Then reality sets in. A victim is not only suffering physical injuries, he or she is also dealing with mental, emotional and financial damages. This can be overwhelming, causing a victim to wonder what they can do to overcome this matter.

Rate of fatal motorcycle crashes

When compared to other vehicles, motorcycles are less stable. This means that New Jersey riders are not able to maintain control of the vehicle in cases where they need to make an abrupt stop, sharp turn or evade an obstacle. Because of this, serious and even fatal motorcycle crashes can occur not only because a rider cannot control his or her bike, but also because another motorist was negligent and collided with the motorcyclist.

Because motorcyclist lack the protection other motorists have inside of an enclosed vehicle, motorcyclists are more likely to suffer fatal injuries. In fact, based on current statistics, the number of deaths on motorcycles is nearly 29 times the number of fatalities in cars.

What are the risks of a birth trauma?

As previously discussed, expecting New Jersey mothers do not expect anything to go wrong during the labor and delivery process. While it is important to understand that the unexpected could happen and unavoidable issues could come up, a mother generally expects both herself and her baby to be fine. Unfortunately, medical professionals can make mistakes, such as not taking action in time, taking the wrong action or failing to notice something is wrong.

Almost half of all birth traumas are potentially avoidable had an obstetrician recognized or anticipated the situation. Significant birth injuries account for less than 2 percent of neonatal deaths and still birth occurring in the U.S. Birth injuries that are unavoidably occur an average of 6 to 8 times per 1000 live births.

Understanding birth injuries to mothers and babies

When preparing to give birth, a New Jersey mother will likely devise a birth plan. While this is what a mother hopes her labor and delivery will entail, the reality is that a lot of the unexpected could occur in a birthing room. In some cases, errors could have been made during pregnancy when a doctor advised a mother to take a certain prescription or do certain things. However, some mistakes are made during the delivery room. These acts could result in harms to the mother or the baby in the form of a birth injury.

Preparing for birth means preparing for the risks associated with it. While no one wants to think about the possibility of suffering harms during the birthing process or having a newborn harmed because of mistakes made during labor and delivery. Nonetheless, it is important to consider what is normal and what could be the cause of errors or negligence.

What is pre-eclampsia?

As an expectant New Jersey mother, the health and welfare of both you and your developing baby are likely your main concern. You therefore should begin making – and keeping – frequent appointments with your OB/GYN as soon as you discover that you are pregnant. (S)he needs to monitor the progress of your pregnancy and be on the lookout for any possible problems and/or complications. Pre-eclampsia is one of these complications.

Pre-eclampsia is a combination of hypertension, i.e., high blood pressure, and proteinuria, i.e., protein in your urine. There is virtually no way for you to know you have pre-eclampsia unless and until your doctor tests you for both of its components. That is one reason why (s)he takes your blood pressure at each of your appointments. (S)he likewise should frequently test your urine. Failure to do so, and therefore failure to diagnose pre-eclampsia, could result in further complications, some of which could threaten your life and that of your unborn baby.

Pedestrian safety and crash rates

As some residents in New Jersey can attest, traveling by foot can be much more convenient than traveling by motor vehicle. Although automobiles serve a purpose, they also pose many risks. This is especially true for pedestrians. Because they travel in areas where motor vehicles are also traveling, this creates a risk for collision. And, in areas where there are not sidewalks or marked crosswalks, this can reduce the safety for pedestrians.

Not all areas can provide the same safety features for pedestrians. This can make it harder for pedestrians to safely cross an intersection or even make it more challenging for motorists to see or stop in time for a pedestrian crossing the road. While motorists are required to remain attentive and drive safely in areas where pedestrians frequent, the designs of sidewalks, intersections and crosswalks also matter when it comes to pedestrian safety.

Helping you recover compensation following a pedestrian accident

For residents in New Jersey, walking by foot is not uncommon. Whether an individual is out for a stroll, walking on the city streets, is commuting to work or walking to or from their vehicle, being a pedestrian comes with risks. While there are many benefits to walking to destinations, when a person is traveling by foot around motor vehicles, he or she opens up him or herself to much vulnerability. Even when traveling at slow speeds, a motor vehicle can do much damage to a person. Because he or she does not enjoy the same safety features as a vehicle, a pedestrian is likely to be thrown due to the force of the collision. This can cause serious and even fatal injuries to the victim.

When a pedestrian is traveling on or near a roadway or in a parking lot, he or she is afforded rights, He or she has the right to travel safely, and motorists owe them the duty to travel safely around them. When a motorist fails to provide this duty by being negligent or reckless, it is possible to hold them accountable for the damages and losses caused by the crash.

Does doctor burnout cause medical errors?

We all tend to get anxious when we visit the doctor. Whether it is a routine checkup, a visit to diagnose an ailment or a scheduled or emergency procedure, patients in New Jersey and elsewhere are often fearful of many "what-ifs." What if the doctor finds something wrong, what if I am diagnosed with a serious illness, what if I go through the wrong treatment plan, what if something goes wrong during surgery and what if the doctor missed something? These may be common concerns. However, there are some situations that patients should not be worried about, and that is the doctor being negligent. Unfortunately, medical mistakes and errors could occur, with negligence being the cause.

Doctors, like everyone else, are humans. They are subject to human errors like anyone else. However, it is expected that these errors are reduced to the bare minimum due to their education and training. Unfortunately, doctors work long hours, causing them to be overworked at some times. Overworked or not, these medical professionals are still expected to do their job.

Medical malpractice, negligence and the standard of care

No matter the reason, when New Jersey patients visit a medical profession, they likely trust the observations and recommendations of their doctor. Whether it is a diagnosis, treatment plan or a procedure, patients trust the knowledge and expertise of physicians and specialist. Because they have obtained years of education, followed by years of training, one expects that they are in good hands with a medical expert. Unfortunately, medical professionals are also humans and subject to human errors. While medical errors can occur, medical mistakes also occur because doctors and other medical professionals have not met the standard of care he or she is required to meet in his or her profession.

To be considered negligent with regards to a medical malpractice claim, a patient must prove that the accused doctor did not meet his or her standard of care with regards to the care of the patient in question. This means that the doctor acted or failed to act is a certain way, resulting in the harm of a patient.

Differentiating birth defects from birth injuries

As a New Jersey mom-to-be, your developing baby likely is always foremost in your mind. You can hardly wait until the day (s)he enters the world and you see him or her for the first time. Although your pregnancy has progressed normally and you do everything you possibly can to make sure both you and your growing baby stay healthy, you nevertheless probably occasionally worry that (s)he could suffer a birth injury or have a birth defect.

Thankfully, birth injuries occur rarely in the U.S., representing only 0.5 percent of live births. Birth defects, too, are reasonably rare, affecting 7 percent of U.S. babies. Regardless of these reassuring statistics, however, should your baby suffer either a birth defect or birth injury, (s)he could face catastrophic results

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