Tag: birth injuries

When you find yourself in the unfortunate circumstance of selecting a personal injury attorney or a medical malpractice lawyer, the barrage of lawyer advertisements on billboards, social media, and TV commercials can be overwhelming. Is a flashy ad promising swift justice the best way to search for a “personal injury lawyer near me” and find capable legal representation for your injury case? These advertisements, while eye-catching, often fail to reflect a lawyer’s true experience, skill, or success rate. Relying solely on a billboard or an ad can be deceptive and perhaps detrimental to your case. Therefore, taking matters into your own hands and conducting thorough research when selecting a medical malpractice or personal injury attorney is crucial.

Bigger is Not Always Better

One essential aspect to review is the size of the personal injury law firm you work with. While large mega-firms may seem impressive, smaller firms offer unique advantages that can significantly benefit your case. Smaller personal injury firms often provide a more personalized approach to legal representation, ensuring you are not just another case number in a sea of clients. Instead, you become a valued individual deserving of a strong focus on your personal injury case.

In smaller firms, it’s common for firm partners to be directly involved in evaluating your case and guiding its progress. This level of personal involvement ensures that your case receives the attention it deserves from experienced professionals deeply invested in its success. In a mega firm, your case may be passed off to junior associates or paralegals, while smaller firms prioritize quality over quantity. This assures that every client receives the highest level of legal representation.

Moreover, smaller firms can handle cases of all sizes, from minor accidents to complex medical malpractice claims. Their versatility and agility allow them to adapt to the unique needs of each case, providing tailored strategies and solutions to achieve the best possible outcome for their clients.

Tips for Selecting a Personal Injury Attorney 

Choosing the right attorney for your personal injury or medical error case requires careful consideration and research. Here are some essential tips to help you make an informed decision:

  1. Evaluate Experience and Expertise: Seek out attorneys who specialize in personal injury or medical malpractice cases and have a proven history of success. Review a medical malpractice attorney’s credentials, case history, and client endorsements to gauge their level of expertise and competence.
  2. Consider Communication and Accessibility: Effective communication and collaboration are crucial in any legal proceeding. Choose a personal injury attorney who is accessible, responsive, and prepared to keep you informed throughout the process. You should feel comfortable asking questions and vocalizing concerns.
  3. Assess Resources and Support Staff: Inquire about the resources and support staff available to assist with your case. A well-equipped medical malpractice law firm with experienced paralegals, investigators, and other professionals can significantly enhance the effectiveness of your legal representation.
  4. Discuss Fees and Payment Structure: Ask about fees and payment arrangements upfront to avoid any surprises later on. Some injury lawyers prefer a contingency fee agreement. This means they only get paid if they settle or win your case and there is a monetary recovery. Other attorneys may require upfront retainer fees. Make sure you understand the terms of engagement before proceeding.
  5. Trust Your Instincts: Choose a personal injury lawyer who provides you with a sense of confidence and support throughout the legal process. Your personal injury attorney should be your advocate and ally, fighting tirelessly on your behalf to achieve the justice and compensation you deserve.

Benefits of Working with the Distasio, Kowalski & Yelen Personal Injury Firm

Working with the DKY Personal Injury Firm offers many benefits that larger firms often struggle to match. The personal injury attorneys at Distasio, Kowalski & Yelen have the experience and flexibility to handle the most complex medical malpractice claims, ensuring that every client receives individualized attention and dedicated support. The accomplished team of DKY injury lawyers achieves maximum results, leveraging their years of experience and know-how to secure favorable outcomes. DKY personal injury and medical malpractice lawyers prioritize maintaining a stellar reputation within the legal community, earning respect from judges, fellow attorneys, and insurance companies. This reputation for excellence enhances their credibility and serves as a valuable source of referrals, demonstrating a dedication to delivering outstanding service and achieving justice for their clients.

Select the Most Qualified Personal Injury Attorney

While billboards and advertisements may catch your eye, they should not be the sole basis for selecting a personal injury lawyer or medical malpractice attorney. By conducting thorough research, considering the advantages of smaller firms, and following the essential tips we mentioned, you can select the right attorney to represent your interests and confidently navigate the complexities of your case. Your selection of an attorney can impact the outcome of your case, so make an intelligent choice based on the best advocate for your rights.

Contact a DKY personal injury lawyer in Wilkes-Barre today.Meet with a personal injury or medical malpractice lawyer for a no-obligation case evaluation. Tap to learn more about DKY personal industry cases.

 

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today.

 

 

Jeffrey A. Yelen, a partner with DKY Law Firm, is an Elder Law Attorney who brings 25 years of estate planning, probate and estate litigation experience to the clients he serves. He is head of the firm’s Elder Law and Estate Services division and is highly experienced in Wills, Estates, and Trusts.  When you are searching for an Elder Law Lawyer, Attorney Yelen can provide the skilled legal representation you and your family need. Contact Attorney Yelen.

 

 

Daniel J. Distasio, of Distasio & Kowalski L.L.C., has been selected to the 2022 list as a member of

the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an

organization dedicated to promoting the highest standards of legal excellence. Its mission is to

objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for

other lawyers to emulate.

 

Members are thoroughly vetted by a research team, selected by a blue-ribbon panel of attorneys with

podium status from independently neutral organizations, and approved by a judicial review board as

exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process,

only the top one percent of attorneys in the United States are awarded membership in NADC. This

elite class of advocates consists of the finest leaders of the legal profession from across the nation.

 

Located in Wilkes-Barre, PA, Distasio & Kowalski LLC, specializes in Medical Malpractice, Auto & Truck Accidents,

Birth Injuries, Personal Injuries, and Wrongful Death. For more information on Distasio & Kowalski LLC, please

visit dklawllc.com or call 570-970-5400.  

Daniel Distasio, of Distasio & Kowalski L.L.C., has been selected to the 2018 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel (NADC). NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team and selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations. They are approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

Dan Distasio has been a litigator for over 25 years and is a principal in Distasio & Kowalski LLC in Wilkes-Barre. The personal injury law firm specializes in Car and Truck Accidents, Medical Malpractice, Birth Injuries, Product Liability and Personal Injury/Wrongful Death. For more information on the Wilkes-Barre personal injury firm of Distasio & Kowalski LLC, visit www.dklawllc.com or call 570-970-5400

It’s usually one of the happiest times of a couple’s lives. Expectant parents anxiously preparing and awaiting the birth of a new baby. Tragically, excitement can quickly turn to heartbreak for parents when something goes wrong and an infant is born injured or suffering in some way. It’s an important time to be sure you understand the difference between a birth injury and a birth defect. While this is a confusing time for new parents, filled with a mix of emotions, it is important to determine the cause of your baby’s suffering. Knowing the difference between a birth injury and a birth defect can be very important in determining if there was any medical negligence involved in harm caused to your baby. If there was negligence or a medical error, you may be eligible for compensation for those injuries and for ongoing medical treatment for your newborn.

What is a birth injury?

Birth injuries usually happen during or immediately after the labor and delivery process. Injuries could possibly result from excessive force or trauma during delivery. Birth injury may also result from failure to monitor the baby for fetal distress or from other medical errors or substandard care during or after the birthing process. This can include misdiagnoses or failure to diagnose potential complications during pregnancy and delivery. It may also include delayed C-section and mistakes involving forceps, vacuum or other birthing tools, among other medical errors. Unlike birth defects, birth injuries are preventable in many cases, depending on the circumstances. Right Diagnosis from healthgrades reported that 7 out of every 1,000 children born in the United States are born with birth injuries each year.

Some examples of birth injuries include:

  • Hypoxic-Ischemic Encephalopathy or HIE
  • Cerebral Palsy
  • Erb’s Palsy
  • Brain damage
  • Head trauma
  • Infection
  • Nerve damage
  • Paralysis
  • Fractures

What is a birth defect?

Birth defects occur as a baby is still developing in the mother’s womb. That’s a main difference between a birth injury and a birth defect. Birth defects are medical conditions or abnormalities that could occur as a result of a variety of causes. This can include certain genetics, infections, exposure to chemicals or drugs, or possibly unhealthy lifestyle choice. Birth defects can have serious and lasting effects on a child.

Examples of birth defects can include disorders such as brain damage, Down syndrome, spina bifida, congenital heart defect, cleft lip or palate, limb or cranial abnormalities, and metabolic disorders. The CDC estimates that birth defects affect one in every 33 babies. This is about 3 percent of all of the babies born in the United Sates each year.

What to do when your infant suffers a birth injury

Sadly, birth injuries are far too common and can mean life-long health consequences for your child. Distasio, Kowalski & Yelen personal injury attorneys see the tragic effects that medical errors have on the lives of families in our area. Bringing a child into the world should be a joyous event. It should not be marred by substandard medical care. Doctor’s and other healthcare providers have a “duty of care” to uphold when treating patients. If they fail to provide that established standard of care, they can be held liable for injuries that occur. It’s time to call an injury attorney.

Getting legal help for birth injuries

We hope this helps you to better understand the difference between a birth injury and a birth defect. If you suspect that your newborn may have been injured as the result of medical negligence or a medical error, you should consult with a medical malpractice attorney. Although you are emotional and overwhelmed when you are dealing with a seriously injured child, you owe it to yourself and your family to determine the cause of the injuries. You want to hold the responsible party accountable. You also want to ensure that the long-term medical and emotional needs of your child are met. An experienced personal injury lawyer will be able to assess your situation and help you explore your legal options.

Medical negligence can lead to birth injury or the death of a child. A birth injury can affect the quality of life of a child, as well as an entire family, resulting in a lifetime of medical treatment and financial hardship. It’s imperative that an experienced birth injury attorney determines if your child is suffering from a preventable birth injury or unavoidable birth defect.

Statute of limitations for birth injury cases in Pennsylvania

The statute of limitations is a time period in which you can legally file your birth injury claim. In Pennsylvania, the statute of limitations for a medical malpractice suit is two years. However, when the patient is a minor, the Minor’s Tolling Statute allows for added time if the patient is under the age of 18. The two-year time limit would begin to run on the child’s 18th birthday.

For more information on your legal options in a birth injury case, contact the Wilkes-Barre personal injury lawyers at Distasio, Kowalski & Yelen toll free at 855-970-5400.