It is only human nature to care and attend to the needs of an infant. In today’s modern society, this basic philosophy of nursing hasn’t changed despite improvements in technology and advancements in medicine – we humans still prioritize the needs of a child.

So it came with great sadness when the state heard of the tragic news of a premature infant who died in a medical malpractice case involving his in-home nurse. The nurse is charged with child endangerment and an emotional preliminary hearing was held recently.

According to the criminal complaint which cited negligence, the 42-year-old nurse was caring for the 7-month-old baby at the infant’s home when the child began to experience breathing problems. Despite multiple alarms that sounded off, the nurse failed to provide the necessary medical aid. The baby was on a ventilator and died after suffering an interruption in the flow of oxygen.

The preliminary hearing in nearby North Union District Court saw the father stating his emotional testimony that we was awaken by a relative and informed of the problem. When he got to the boy’s room, the ventilator was disconnected and the nurse was already performing CPR on the child who he described as already blue in color when he arrived.

The mother also testified that the CPR was administered while the child was on his crib and that she had to take over from the nurse, lay the child on the floor and perform CPR herself.

The nurse contends that the alarms did not do its job of alerting her of the boy’s condition. A representative from the ventilator’s manufacturer testified with a printout that shows the alarms did go off audibly multiple times during that night. The machine has an audio pause mechanism or button that briefly silences the alarm if the problem was resolved.

This is truly an unfortunate and saddening incident. Tragic can’t even begin to describe the unimaginable loss suffered by the parents of a child who should be alive today to experience life. Punitive damages, financial compensation and criminal penalties could be awarded to victims who are encouraged to discuss possible claims with a trusted legal professional.

 

 

Keywords: medical malpractice case, flow of oxygen, financial compensation, punitive damages, trusted legal professional

 

 

 

Wrongful death lawsuit filed against NFL

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The National Football League can add another lawsuit to its growing list of lawsuits from former players suffering from concussion-related brain injuries. Junior Seau's family sued the league for wrongful death weeks after results of a report that confirmed suspicions that the future Hall of Fame inductee may have suffered a neurodegenerative brain disease as a result of two decades of repeated, often-undocumented concussions.

Seau, who spent most of his career in San Diego and Southern California, fatally shot himself in the chest last year. His death raised concerns over the effects of concussions on the well-being of the league's former players. This started a wave of lawsuits against the NFL.

The lawsuit filed in the San Diego County Superior Court alleges that the NFL, although well aware of the risks involved, deliberately concealed certain information from players while continually marketing the violent nature of the sport.

Seau apparently changed significantly over the last years of his life, making bad business decisions and being depressed and indifferent toward his family. His behavioral changes were allegedly an effect of the chronic traumatic encephalopathy, or CTE, that was only recently diagnosed by experts.

Sources indicate that his family is currently not claiming any financial compensation, but wants NFL to acknowledge fault, to care more for its former players and to make the sport safer. American football has recently faced a lot of heat. Nicknamed "America's Game," it is widely regarded as the most popular sport in the country.

This might change if ferocity of the game is toned down for safety reasons. Some players are now trying out newly developed Kevlar linings designed to minimize impacts in their helmets. They hope that new technology will help salvage the sport's damaged reputation.

Concussions could possibly cause serious brain injury. These injuries can have lasting effects on people and death may even be the result. Depending on the outcome of these types of lawsuits, the NFL could find itself increasingly liable for the financial consequences of these injuries to players.

Written by Vee Dela Casa for the Law Offices of Lee Arter, February 4, 2013. For the U.S. published version, click here)

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Tags: brain injury, compensation, concussions, NFL lawsuits, loss of a loved one, wrongful death

Alcohol and driving just don’t mix. This is especially true in a state known for having so much pedestrian traffic like California. The state is dubbed as one of the most dangerous for fatal pedestrian accidents and hit-and-runs according to recent independent studies. Despite repeated warnings and an increased police effort, many are still engaging in drunk driving and more are suffering from wrongful death incidents.

Victims of negligence and reckless driving should seek the advice of a legal professional for assistance. Financial compensation is available to victims and their families for medical expenses, loss of wages and the pain and suffered brought on by the possible loss of a loved. A related fatal accident story in Orange County which resulted in the death of three relatives is making headlines throughout California.

A 40-year-old Orange County man was arrested in connection to the deaths of three women on their way home from a baby shower. The man is twice over the legal blood-alcohol limit when his car hit the pedestrians. A 56-year-old woman was killed at the scene while her daughter and niece, both 21-years-old, were rushed to a nearby emergency but later died of their serious injuries. The accused driver and a female passenger were also injured.

Police told sources that the man saw the women but failed to stop in time, barely slowing down only before striking the three at high speeds. The impact caused massive and severe injuries that caused their deaths.

Three counts of vehicular manslaughter causing death with gross negligence while intoxicated were laid against the man. The Orange County district attorney’s office also filed two other felony counts of DWI. Other charges are also being prepared. If convicted, he could face 12 years and eight months in state prison. He is being held on a $500,000 bail. An arraignment is already scheduled.