Norton & Spencer, P.C.Kansas City Medical Malpractice Attorney | Birth Injuries2024-03-18T13:58:10Zhttps://www.nnlawkc.com/feed/atom/WordPressOn Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482942024-03-18T13:58:10Z2024-03-18T13:58:10ZElderly individuals often can't care for themselves alone and require the assistance of others, such as nursing home staff. Unfortunately, not all nursing home staff provide the necessary care, leading to instances of neglect. Understanding what constitutes nursing home neglect is crucial in Missouri, as it can lead to awareness and justice.
Physical neglect
Physical neglect refers to the failure of nursing home staff to meet a resident's physical needs. This can mean not providing adequate food, water, hygiene or medical care to the elderly. For instance, if staff fail to provide enough fluid to a resident, they can become consistently dehydrated.Dehydration is a serious concern for the elderly, as it can occur more rapidly than younger people. So, the consequences of these risks can be far-reaching.
Emotional neglect
Emotional neglect is when staff fail to acknowledge the social and emotional needs of elderly residents. Interaction and support are crucial for these residents. But, if they endure negative experiences, such as isolation or verbal abuse, this is a form of emotional neglect.The same goes for their requests for companionship or emotional support, for example. When staff consistently ignore these requests, it's a clear sign of neglect.Emotional neglect, much like its physical counterpart, carries the potential for harm. It can lead to depression, anxiety and a diminished enjoyment of life.
Neglect of basic needs
Neglect of basic needs is when nursing home staff don't provide residents with a safe and clean living environment. This includes:
Not cleaning rooms regularly
Failing to provide access to clean clothes and bedding
Not maintaining a safe living space by not fixing broken equipment or furniture
This neglect can lead to an uncomfortable, unsanitary and potentially hazardous living situation for residents.
Reporting nursing home neglect
Many nursing home residents are dependent on staff for these basic needs due to physical limitations or health conditions. When staff don't meet these needs, it can lead to consequences that can even be life-threatening for residents.For those concerned about the well-being of your elderly loved one and suspect neglect, it's crucial to take action. Consider seeking a legal professional. A legal professional can provide guidance through the process of understanding and reporting potential cases of nursing home neglect in Missouri.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482932024-03-11T13:50:17Z2024-03-11T13:50:17ZThe fracture causes severe damage
Fractures can involve many different bones and can vary drastically in severity from one case to the next. A stable fracture to the femur may be inconvenient but is likely to heal completely with proper medical intervention. The bone remains aligned and only has one break for medical professionals to address. Other fractures are much more severe. Open fractures put people at risk of infection and blood loss. Comminuted fractures, like spiral fractures, often require surgical implants because the bone breaks into so many pieces. Severe fractures can be more expensive to treat and are more likely to produce lasting symptoms.
The injured party is a blue-collar worker
Someone who works as an accountant could potentially continue their job as normal even with multiple fractures. Someone who works in construction or a manufacturing profession might not be able to work at all with physical limitations related to a broken bone. They could need time away from work while their body heals and also while they undergo physical therapy. Healing a broken bone requires rest, which can affect someone's strength and range of motion. A blue-collar worker could go months without income because of a fracture caused by a car crash.
The body doesn't always heal properly
Sometimes, fractures forever limit someone's flexibility and strength. Older adults are at elevated risk of a fracture having permanent medical consequences. Other times, the way the body heals, not someone's age or underlying health conditions, is what eventually causes lasting medical symptoms. Traumatic injuries like fractures can cause the body to develop nerve-related injuries. Complex regional pain syndrome (CRPS) can occur after a fracture and may forever affect someone's range of motion while simultaneously causing lingering or worsening pain.
People with broken bones often take for granted that their injuries are easy to treat, but they may end up being expensive despite an optimistic overall prognosis. Understanding why crash injuries can cost more than people expect may help those involved in a wreck better evaluate their options for compensation after a motor vehicle collision.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482912024-03-08T13:17:24Z2024-03-08T13:17:24ZMedical professionals must base treatment on each patient’s unique needs. This means treating the individual, not just considering their age. But, there are instances when doctors may unintentionally provide less than the needed care to older adults. This can happen if doctors assume some treatment plans might not suit older patients because they are “too old.”This is a form of ageism, and it can put seniors at risk.
Why ageism in health care exists
Ageism in health care may be due to limited education and comprehensive training in elder care. Many doctors have experience in treating common conditions like heart disease or diabetes. But, they often don’t learn enough about geriatrics throughout their medical curriculum.This education gap can lead to misunderstandings about the unique health needs of older patients. It can also lead to less-than-ideal care decisions.
Medical risks to discrimination
Age-based discrimination in health care can lead to both injurious overtreatment and undertreatment. When doctors assume that vulnerable patients need more medications or procedures, they risk overtreatment. Any misjudgment in dosage or unnecessary operation can cause these patients to suffer from the side effects. Conversely, undertreatment occurs when doctors decide a patient is too old for certain treatments. They make these decisions based on age alone, not considering the patient’s health and priorities.These age-based assumptions can be harmful. Doctors should aim to find a balance, avoiding both overtreatment and undertreatment. If they fail to do so, they risk facing potential medical malpractice charges.
Help after medical negligence
Discrimination in health care can be dangerous, especially when certain assumptions negatively affect older patients. Medical professionals should remember that no patient is ever ‘too old’ to receive the care they need and deserve and that it’s crucial to base medical decisions on health needs, not age. Ignoring this can lead to harmful overtreatment, undertreatment and even medical malpractice charges.Individuals who believe they or a loved one have experienced medical malpractice due to ageism should consult an attorney. A legal professional can review the specifics of the case, determine if there’s a valid claim and guide the victim through the legal process in Missouri.
]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482892024-02-26T08:53:33Z2024-02-26T08:53:33Z679 reports of the adapters overheating or catching fire. Of those reports, 43 led to minor burn injuries.
Owners with affected adapters should immediately stop using the devices. They should then contact Dynabook for a free replacement.
Consumers can find a full list of the affected adapter model names on the CPSC website.
Overheating devices and electric fires
Overheating is a leading cause of electric fires, which can occur when electrical devices, like AC adapters, have defects that cause them to operate at unsafe temperatures. This overheating can lead to fires that damage property and cause serious burn injuries to consumers.
About 51,000 electric fires occur in U.S. homes each year. Electric fires also lead to nearly 500 deaths, over 1,400 injuries and $1.3 billion in property damage annually.
Your right to safety
Manufacturers have a legal obligation to produce safe products. If a defective product, such as an overheating AC adapter, left you with an injury you may have the right to seek compensation for your injuries through a product liability lawsuit.
In a product liability lawsuit, you must prove that the product was used in a reasonably anticipated manner. You must also prove that the product's defect directly caused your injury. Compensation can cover medical expenses, lost wages, and pain and suffering.
To prepare for a product liability lawsuit, you must document everything about the incident and your injury. Keep medical records, photos of your injury, photos of the defective product and even the damaged adapter itself. These will serve as strong evidence for your case.
A personal injury attorney may be able to advise you on whether you have a strong case for a lawsuit and represent you if the case goes to court.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482872024-02-21T19:47:50Z2024-02-21T19:34:14ZOur elderly loved ones need specialized care and close attention. However, some individuals still experience mistreatment. According to the National Center on Elder Abuse, one out of ten adults aged 60 years old and above in the U.S. experience some form of abuse each year. This may be in the form of physical abuse, psychological or emotional abuse, sexual abuse, financial abuse or neglect.In a nursing home setting, negligence is when a caregiver fails to provide the adequate care that the residents need. This form of abandonment could result in physical harm, pain, mental stress or emotional agony. It is essential to be aware of possible negligence and immediately take action when necessary.Here are the most common red flags indicating neglect in nursing homes:
Poor personal hygiene: Most elders need help bathing, brushing their teeth or dressing. If your loved one’s hygiene is lacking, it could cause other health issues.
Injuries: When elders with mobility issues try to do things on their own, it can result in injuries such as cuts and bruises. These injuries could be prevented if they were given proper attention.
Dehydration and malnutrition: This can result from missing meals. Proper nutrition is key to ensuring the health of the elderly.
Unclean facilities: Dirty and unsanitary facilities could be breeding grounds for infection, putting the health of elderly residents at risk.
We all want the best for our family, especially for our elders who need a more specific kind of attention. It would be frustrating to know that they are neglected in a home we thought would care for them. If you suspect negligence in your loved one’s nursing home, consider seeking legal advice to ensure that they receive the care they deserve.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482862024-02-01T08:11:27Z2024-02-01T08:11:27ZThe challenges of proving causation in medical malpractice
In Missouri, as in other states, the burden of proof lies with the plaintiff or the patient who is bringing the claim. To meet this burden, the patient must typically provide expert medical testimony. The expert will need to articulate how the provider's actions deviated from the standard of care and directly caused the patient's injuries. However, proving causation can be challenging for several reasons:
Complex medical conditions: Patients often have pre-existing conditions or multiple health issues that can complicate the link between a provider's negligence and the injury.
Concurrent treatment: If a patient is receiving treatment from multiple doctors and health care providers, it can be difficult to pinpoint which provider's actions caused the harm.
Standard of care: The standard of care can vary by specialty and situation, making it harder to prove that a breach directly resulted in injury.
Time constraint issues: The time between the alleged act of negligence and the manifestation of the injury can affect causation. A long gap can make it harder to prove that the injury was a direct result of the negligence.
Defendant's counterarguments: Health care providers and their insurers often have strong legal teams that will present counterarguments, such as suggesting that the injury was inevitable or that the patient's own actions contributed to their harm.
Overcoming these challenges will take work, but it is possible. It is essential to conduct a thorough review of medical records and investigation of the events.
Proving causation will take the patient one step closer to securing fair compensation for the injuries they suffered from the people who were supposed to help them get better.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482832024-01-22T15:52:29Z2024-01-22T15:52:29ZThe dangers of sepsis to the elderly
Aging compromises the body’s immune system, leading to slower and weaker responses to illnesses. As a result, older adults face more difficulty recovering from health challenges. Currently, most adults over 60 have at least one chronic disease, such as hypertension, diabetes or heart disease.
With a weakened immune system and a pre-existing condition, older adults who get an infection could increase their chances of developing sepsis. But, research shows that sepsis can be more devastating for critically ill older adults.
Sepsis triggers the immune system to overreact to an infection, potentially resulting in tissue damage, organ failure and death. Unfortunately, even older adults who recover from sepsis may experience a decline in quality of life due to impairments resulting from the condition.
How sepsis develops in nursing homes
Sepsis itself is not contagious, but the infections that cause it are. Often, these infections are preventable through stringent hygiene practices and maintaining a sanitary environment. Unfortunately, many nursing homes fall short in those areas.
In addition, residents often share spaces, bedding, utensils or other items in these facilities. An infection could spread from one resident to another these items are not effectively sanitized. Infections can also arise from pressure ulcers, which occur when staff forget to reposition a resident with mobility problems. Adding to the problem is the delay in medical treatment for sick residents, often resulting from understaffing or neglect.
The alarming rate of residents being hospitalized for sepsis underscores the importance of upholding high standards of care in nursing homes.
Immediate action is necessary to fight sepsis
Sepsis can progress into septic shock within 12 to 24 hours. Residents who show symptoms should be given medical attention immediately. Prompt action from the facility and early diagnosis can avert serious, lasting effects or even death.
If your loved one develops sepsis during their stay at a nursing home, consider talking to a lawyer. If there is evidence to show that the nursing home’s neglect contributed to the infection or sepsis, you may have grounds for legal action.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482822024-01-11T11:55:45Z2024-01-11T11:55:45Za study shows that a U.S. surgeon accidentally leaves a sponge or a towel on patients 39 times a week. Other items frequently left inside bodies after surgery include clamps, scalpels, cotton swabs, needles and gauze pads.
When these tools or instruments remain undetected for years, they can result in adverse consequences.
Retained surgical bodies can be life-threatening
The impact of retained surgical bodies varies depending on the item and which part of the body the surgeon leaves them. Potential complications include:
Sepsis
Inflammation
Organ damage
Perforation or laceration
Severe infection that can cause pain, stiffness and discomfort
When left untreated, these complications can be fatal. Removing the foreign object often requires further surgery, which can cause more complications and a longer recovery period. It can also be emotionally and financially stressful to patients who have just endured an operation.
Retained surgical bodies can constitute medical malpractice
Missouri law considers negligently retaining foreign objects inside a body to be medical malpractice. However, filing a claim on time and establishing a direct link between a medical professional’s actions and the resulting injury, illness or death can be complex. A legal team can help victims or families of deceased loved ones through their options during this challenging time.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482802024-01-11T01:27:49Z2024-01-11T01:27:49ZFemale patients
Internal bias influences how doctors manage the diagnostic process. A large percentage of medical professionals do not listen as carefully to female patients as they do to male patients. They are less likely to take self-reported symptoms seriously and are more likely to downplay the severity of pain symptoms reported by female patients. These tendencies contribute to women having a 30% higher chance of a diagnostic error on average than male patients. Women with latent medical conditions and reproductive health issues may have an especially difficult time securing a diagnosis and may wait years to understand what causes their symptoms.
Darker-skinned patients
Personal bias is also a concern for those who belong to certain racial groups. Black patients and dark-skinned Latin individuals might also face an uphill battle when seeking out medical evaluation and treatment. Doctors may judge people and assume that their reported symptoms are part of drug-seeking behavior. They might also believe inaccurately that darker-skinned individuals have higher pain tolerance when compared with lighter-skinned patients. Statistically, patients with darker complexions are at greater risk of diagnostic failures than those with lighter skin tones.
Individuals who fall into one or both of those groups may need to advocate more carefully for themselves in medical settings. They may also need to speak up if they believe a doctor has failed to diagnose them or diagnosed them improperly because of their personal characteristics. Pursuing a medical malpractice lawsuit could be a reasonable response if doctors consciously or subconsciously affected someone's care for the worse due to their race or sex.]]>On Behalf of Norton & Spencer, P.C.https://www.nnlawkc.com/?p=482792024-01-02T08:02:12Z2024-01-02T08:02:12ZWhat Missouri law says about it
According to Missouri law, drivers must stop at the scene of the accident and exchange contact information, because leaving the scene is a crime. You must not move your vehicle until a law enforcement officer tells you to.
However, Missouri also has a “Steer It and Clear It” law that requires drivers to move their vehicles if they are in a location that may cause other drivers to have an accident. The responsibility to move your vehicle to a safer location after an accident only applies when the car is safe to drive, and there are no serious injuries. If anyone suffered injuries or fatalities or if moving the vehicles might cause further damage or injury, it is best to wait for the authorities to arrive.
What you should do
Assess the situation before moving your vehicle. Check for injuries, and if anyone needs emergency medical assistance, call 911. If your car is in a dangerous position and you can safely move it out of the roadway, then move it cautiously. Turn on your hazard lights to let other drivers on the road know of your intentions.
Remember to document the accident scene before moving your vehicle. You can use your cell phone to take photos and videos from various angles, capturing the positions of the cars, any visible damage, traffic signals and road conditions. Also, once law enforcement officers or paramedics arrive and offer medical attention, do not refuse it. Only a thorough medical examination can rule out underlying injuries you may have sustained because of the accident. Visual evidence and medical records connecting your injuries to the accident can be invaluable when making a personal injury claim.
Whatever happens, your top priority should be your health and safety and the safety of those around you.]]>