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Law De > Blog (Page 30)

Misdiagnosis and How it Leads to a Personal Injury Case

At Edelstein Martin & Nelson, we concentrate in medical malpractice claims and want to help you compensate after you have been injured at the hands of a doctor, nurse, or any other healthcare professional due to a medical mistake. There are many medical mistakes that you could fall victim to, such as misdiagnosis. Today we will talk a bit more about misdiagnosis and how it occurs, as well as how you can receive the compensation that you are entitled to. Types of Misdiagnosis Sometimes, doctors and other professionals fail to detect the presence of serious diseases in our bodies, which...

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Talking to Your Attorney and the Insurance Company After Your Accident

After your accident takes place, you’ll be talking to more people than just your physician at the hospital where you seek medical treatment. You’ll have to schedule an appointment with your attorney to talk about how to move forward with your case, as well as fight the big-name insurance company to get the compensation you deserve. Today we will discuss the do’s and don’ts of talking to the insurance company, as well as what documents you want to show your attorney at your initial consultation. Talking to the Insurance Company When you make your insurance claim, you are telling the insurance company...

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Pharmaceutical Drugs Causing Injuries to Users: What Can Be Done

Product liability suits come about every year due to the negligence of manufacturers. Manufacturers owe a duty of care to those who use certain drugs on the market. It is up to them to test the drugs and medicine before they actually release them to the markets, according to Food and Drug Administration (FDA) regulations. Of course, when it comes to pharmaceutical drugs, the manufacturers aren’t the only parties who could be found liable. Sometimes, it all boils down to the doctor who prescribed your drug, the nurse who instructed you to use it, and more. However, today we will...

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Driver Fatigue Played a Role in my Car Accident

With many accidents happening on highways in Delaware each year, it’s hard to say what the leading causes are at times. However, we know that each year, drivers enter the roads after a long day of work and they as well as other drivers never make it home because they are injured or killed by fatigue. What role does fatigue play in car accidents? Driver fatigue plays a role in a wide variety of cases. Fatigue is not just your normal ‘tired,’ it is a type of tiredness brought on by not getting enough rest over a long period of time....

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How Important Witnesses Are to Your Car Accident Case

In many cases, when a car accident in Delaware happens between two parties, they are the only two who have witnessed what happened. This is why car accidents can become quite complicated very quickly – because, when it is one driver’s word against another, sometimes a case requires further investigation. Because car accidents can become complex matters, it is always good to identify “third party” witnesses who may have seen exactly what happened in your case. Eyewitness testimony is when somebody gives a description at a trial when they have seen what happened in the event of an accident. It is...

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Fatigued Driving: Responsible for Many Car Accidents Every Year

The statistics are in, and we are alarmed by what they’ve found. According to the National Sleep Foundation’s 2005 Sleep in America poll, about 168 million people have driven a vehicle while feeling drowsy. Then, it was determined that 103 million people have actually fallen asleep at the wheel. Every year, there are about 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses. The unfortunate fact is that there is no test to determine how sleepy someone is when they enter the roadways. All we know is that fatigued driving causes a variety of auto accidents every year, some...

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Injured in a Delaware DUI Accident? We Can Help

Accidents happen on our roadways every day, but many of them can be prevented. What happens if a drunk driver enters the roadway and causes an accident, turning your life upside-down? Sadly, this is the case for many drivers every year, who never expect it to happen to them. Accidents by other drivers happen for a variety of reasons, from distracted driving to weather conditions and more. But when you are injured due to the reckless nature of a driver who decided to get drunk and get behind a wheel, you may have questions. We have answers. In 2008, statistics...

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Delaware Construction Work Leading to More and More Injuries

Construction accidents happen across the world for a variety of reasons, some of which we will discuss today. No matter how you have been injured in a construction zone, the injuries you sustain can be life-threatening and put you out of work for quite some time. Delaware is no stranger to construction accidents. In 2013, a Delaware construction worker was killed in an on-site accident. The employee was using an excavator to dig a hole next to a trench filled with water when all of a sudden the ground gave way beneath him when he got out to inspect the...

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A few things about receiving medical treatment following a personal injury

Doctors who treat personal injuries Finding medical treatment for a personal injury isn’t always as simple as one might assume.  To begin, the primary care physician you’ve been seeing for years may, at times, refuse to treat you. This is not a personal grievance.  It has to do with the fact that in circumstances involving an injury caused by an accident, a number of complications arise.  Accidents create complications stemming from the bills involved, additional paperwork and forms, and deadlines that the average general practitioner is both ill-equipped and undetermined to deal with.  Unfortunately, the only malefactor of such a scenario will...

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Preventable Medical Errors, why aren’t they Prevented?

The Institute of Medicine (IOM), an unbiased, not for profit organization released a report on preventable medical errors back in 1999 for public and government consumption.  In the report, the IOM indicated that their findings estimate that somewhere between 44,000 and 98,000 patients die from these errors in our hospitals, and this was back in 1999. According to the IOM, these errors happen in all functional areas of our health care system so if you step back and evaluate what has happened to health care in America since 1999, it would be nearly impossible to tell if this situation has gotten any...

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