How much compensation can you get for a cerebral palsy lawsuit? 16 Sep 10:47 AM (last month)

Answer:

Cerebral palsy (CP) lawsuits often result in some of the most significant birth injury settlements because the condition typically requires lifelong medical care, therapy, and support. The exact amount depends on the severity of the child’s needs, state laws, and whether medical negligence can be proven.

Typical Compensation Ranges for CP Lawsuits

Severity of Condition	Examples of Costs Covered	Typical Settlement / Award Range*
Mild CP	Physical therapy, outpatient treatments, and occasional adaptive equipment	$500,000 – $1M+
Moderate CP	Regular therapy, surgeries, special education, and mobility aids	$1M – $5M+
Severe CP	Lifelong nursing care, multiple surgeries, home modifications, adaptive vehicles, 24/7 support	$5M – $10M+

*These figures are estimates. Some cerebral palsy cases have resulted in $10M+ verdicts or settlements, especially when medical negligence was apparent and the child required intensive lifetime care.

Bottom line: The value of a CP lawsuit is based on the child’s lifetime care costs, pain and suffering, loss of future earnings, and the evidence of medical negligence.

Want to know what your case may be worth? Call the Dallas birth injury attorneys at Rasansky Law Firm today at (214) 651-6100 for a free consultation.

The post How much compensation can you get for a cerebral palsy lawsuit? appeared first on Rasansky Law Firm.

How Legal Action After a Loved One's Death Can Aid the Healing Process 12 Sep 12:02 PM (last month)

Losing a loved one is one of the most painful experiences a family can endure. When someone else’s negligence or misconduct causes the loss, the grief is often compounded by feelings of anger and injustice. While no amount of money can ever replace a life, legal action can provide both accountability and a path toward healing.

In this post, we’ll explore how a wrongful death lawsuit in Texas works, who has the legal right to file, what types of damages may be available, and how pursuing justice can support the grieving process.

Who Can File a Wrongful Death Claim in Texas?

Texas law places limits on who can bring a wrongful death lawsuit. Eligible family members include:

Spouse – Surviving husbands and wives may file.
Children – Biological and legally adopted children can pursue a claim.
Parents – Both biological and adoptive parents may sue for the loss of a child.

Extended family members such as siblings, grandparents, or cousins generally cannot file under Texas law. This is one way Texas differs from other states, where eligibility may be broader.

What Damages May Be Available?

Wrongful death damages aim to ease the financial and emotional burdens left behind. In Texas, families may recover compensation for:

Loss of financial support – The income the deceased would have provided.
Loss of companionship and guidance – The emotional impact of losing a spouse, parent, or child.
Mental anguish – Compensation for the emotional suffering endured.
Funeral and burial expenses – Covering final arrangements.

In some cases, exemplary (punitive) damages may also be awarded if the death resulted from gross negligence or intentional harm.

How Legal Action Aids the Healing Process

While legal proceedings cannot erase grief, they can help families move forward by:

Providing Accountability – Holding negligent parties responsible can bring a sense of justice.
Easing Financial Strain – Compensation ensures families aren’t burdened with medical bills, funeral costs, or lost income.
Creating Closure – The legal process affirms that your loved one’s life mattered, offering a measure of peace.
Empowering Families – Taking action shifts focus from helplessness to advocacy, helping survivors honor their loved one’s legacy.

Texas vs. Other States

Each state has its own wrongful death laws, and Texas’s approach is relatively strict. For example, in some states, siblings or grandparents may have legal standing to sue, but in Texas, the right is limited to spouses, children, and parents. Understanding these differences is crucial for families considering legal action.

Final Thoughts

The grieving process after a wrongful death is long and complicated. While nothing can replace your loved one, pursuing a wrongful death claim can help families find justice, financial security, and a sense of closure.

If you’ve lost someone due to negligence or misconduct, speaking with an experienced wrongful death attorney can help you understand your rights and determine the best path forward.

👉 For more on this topic, listen to our podcast episode: “Grieving and Seeking Justice: How Legal Action Can Help”, where we break down who can sue for wrongful death in Texas and what families should know about the process.

The post How Legal Action After a Loved One's Death Can Aid the Healing Process appeared first on Rasansky Law Firm.

How-to Guide to Filing a Wrongful Death Lawsuit 8 Aug 12:07 PM (2 months ago)

Losing a loved one is devastating—especially when their death could have been prevented. In these situations, families may have the legal right to pursue a wrongful death lawsuit to hold the responsible party accountable and recover compensation for financial and emotional losses. This guide walks you through each step—from eligibility and deadlines to evidence, filing, and resolution—so you know what to expect.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil claim brought when someone dies due to another party’s negligence, recklessness, or intentional act. These cases can involve medical malpractice, vehicle crashes, unsafe workplaces, defective products, or criminal conduct. The goal is to secure compensation for medical bills, funeral costs, lost income, and emotional harm.

Step 1: Confirm Eligibility to File

State laws define who can file. Typically, the deceased person’s spouse, children, or parents (and sometimes other legal heirs or estate representatives) have standing. If you’re unsure, consult a wrongful death attorney to confirm your eligibility.

Step 2: Know Your Deadline (Statute of Limitations)

Wrongful death claims must be filed within strict time limits—often 1–3 years from the date of death, depending on your state. Missing the deadline usually bars recovery, so act promptly.

➡️ How Long Do You Have to File a Wrongful Death Claim?

Step 3: Gather Evidence

Strong evidence is essential to proving liability and damages. Your legal team may collect:

Medical records, autopsy reports, and death certificate
Police/accident reports and witness statements
Photos, video, or surveillance footage
Employment and financial records to show lost income/benefits
Expert analyses (accident reconstruction, medical experts)

Step 4: Calculate Damages

Damages often include:

Economic: medical bills, funeral/burial costs, lost wages and benefits
Non-economic: pain and suffering, mental anguish, loss of companionship
Punitive (where allowed): to punish egregious misconduct

Step 5: File the Lawsuit

Your attorney drafts and files a civil complaint stating the facts, legal basis, and compensation sought. The defendant is served and must respond by a set deadline.

Step 6: Discovery, Negotiation & Settlement

Both sides exchange evidence and take depositions. Many cases settle before trial through negotiation or mediation—saving time, cost, and stress. Your lawyer will advise whether offers are fair based on liability and damages.

Step 7: Trial (If Needed)

If settlement isn’t possible, the case proceeds to trial. A judge or jury decides liability and damages after hearing witness testimony and reviewing the evidence.

Step 8: Compensation & Next Steps

If you prevail or settle, compensation may be paid as a lump sum or via structured payments. Your attorney will help finalize liens, disburse funds, and close the matter.

Why Work with a Wrongful Death Attorney?

Handles deadlines, filings, and communications with insurers
Builds the evidence record with qualified experts
Values the full scope of your damages
Negotiates from a position of strength—and tries your case if needed

➡️ The Role of Expert Witnesses in Medical Malpractice Cases

🎧 Prefer to Listen?

EPISODE 5: What Families Should Know About Filing a Wrongful Death Lawsuit — Episode 5 walks through eligibility, deadlines, evidence, and what to expect at each stage.. We break down the process in plain language, share real examples, and answer common questions from families.

🎙️ Listen to Episode 5

📞 Think You May Have a Wrongful Death Case?

Our team will review your situation, explain your options, and handle the legal heavy lifting—so your family can focus on healing. Get a Free, Confidential Case Review today.

Schedule Your Free Case Review

The post How-to Guide to Filing a Wrongful Death Lawsuit appeared first on Rasansky Law Firm.

How to Maximize Compensation in a Texas Personal Injury Case | Dallas Attorney Tips 18 Jul 10:00 AM (3 months ago)

Texas law provides a path for victims to seek financial compensation when someone is injured due to another person's negligence. Whether you were hurt in a car accident, slipped and fell on someone’s unsafe property, or suffered illness from exposure to hazardous materials, you may have a valid personal injury claim.

If you're wondering how to file a personal injury claim in Texas or want to know how to get the maximum compensation possible, this guide offers essential strategies straight from an experienced Dallas personal injury lawyer.

Do You Have a Valid Personal Injury Case?

Before pursuing a personal injury lawsuit, ask yourself:

Were you involved in a car accident caused by someone else’s reckless or distracted driving?
Did you suffer a slip and fall due to unsafe private or commercial property conditions?
Have you been exposed to toxic chemicals or hazardous substances at work or in public spaces?

If you answered yes to any of these questions, it may be time to contact a Texas personal injury attorney to evaluate your case and start the claims process.

Types of Personal Injury Compensation in Texas

In Texas, personal injury compensation is divided into three main categories:

1. Economic Damages

These are financial losses that can be clearly documented and calculated, including:

Medical bills (past and future)
Lost wages and income
Rehabilitation or physical therapy costs
Property damage

2. Non-Economic Damages

These are harder to quantify but just as important. They include:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium

3. Exemplary (Punitive) Damages

In rare cases where the defendant’s actions were particularly reckless or malicious, Texas courts may award punitive damages. These are designed to punish wrongdoers and discourage similar behavior in the future.

To qualify, your attorney must prove gross negligence or intentional harm, which is why hiring a skilled Dallas injury lawyer is critical.

How to Maximize Your Personal Injury Settlement in Texas

Maximizing your settlement or court award takes more than just filing a claim. Use these proven legal strategies to increase your chances of receiving full compensation:

1. Seek Medical Attention Immediately

Prompt medical care creates a clear connection between the accident and your injuries, providing vital documentation for your case.

2. Preserve Evidence

Take photos of the accident scene, collect witness information, save damaged property, and keep detailed notes on your pain, treatments, and recovery.

3. Don’t Rush Into a Settlement

Insurance companies may offer fast settlements to minimize payouts. Always consult your personal injury lawyer in Dallas before accepting any offers.

4. Understand Texas’s Comparative Fault Rule

Texas uses a modified comparative fault system, which means if you're partially at fault, your compensation may be reduced. If you're more than 50% at fault, you could lose your right to compensation entirely.

A knowledgeable attorney can help build a strong case to minimize your fault and protect your claim.

5. Hire an Experienced Personal Injury Attorney

Hiring a local attorney who knows Texas personal injury law inside and out ensures your case is handled professionally. Your attorney will:

Collect and present evidence
Negotiate with insurance companies
Handle all legal filings and deadlines
Represent you in court if necessary

Why Work With a Dallas Personal Injury Attorney?

A local attorney brings experience with Texas courts, insurance companies, and state-specific laws. Your lawyer will be your advocate, working to recover maximum damages for your injuries, losses, and suffering.

Start Your Texas Personal Injury Claim Today

If you’ve been injured in Dallas or anywhere in Texas, don’t wait to get the help you need. A qualified personal injury attorney can guide you through the legal process and fight for the compensation you’re entitled to.

Contact our Dallas personal injury law firm today for a free case evaluation. We’re here to help you recover—physically, emotionally, and financially.

The post How to Maximize Compensation in a Texas Personal Injury Case | Dallas Attorney Tips appeared first on Rasansky Law Firm.

Umbilical Cord Complications: Legal Rights and Remedies 11 Jul 10:39 AM (3 months ago)

When a woman is pregnant, the umbilical cord acts as a lifeline between her and the fetus. The umbilical cord is a flexible tube-shaped structure that removes waste from the baby’s circulation and transports nutrients and oxygen to the fetus through the mother’s placenta. The umbilical cord starts to develop during the fourth week of pregnancy and is roughly 51 centimeters long and 2.5 centimeters in diameter.

During the birthing process, the baby could be at risk of serious complications or even death if the umbilical cord is not positioned properly. One umbilical cord complication that commonly arises is compression. When this happens, the flow of oxygen and blood to the infant is restricted. In some cases, umbilical cord compression is unavoidable. However, the attending doctor and other members of the birthing team are responsible for promptly identifying the issue and administering proper and effective treatment as quickly as possible.

If negligence on the part of your doctor or other medical professional caused or failed to address umbilical cord compression, this could be viewed as malpractice and they could be held liable. Umbilical cord compression injuries can span your child’s life and place undue emotional and financial hardships on your family.

How Does Umbilical Cord Compression Happen?

It is not uncommon for umbilical cord compression to occur. It can be brought on by movement inside the womb or during contractions once labor begins. There are three main complications that can lead to compression of the umbilical cord and the restriction of vital oxygen and nutrients for the baby. They are:

Nuchal Cord

Roughly 10% to 29% of all fetuses have a nuchal cord. This is a condition in which the umbilical cord is wrapped around the infant’s neck. Nuchal cord compressions are usually mild but severe compressions, although rare, do happen.

During the birthing process, a nuchal cord can lead to permanent effects on the infant and possibly even death if necessary precautions, such as an emergency C-section, are not taken.

Prolapsed Cord

The prolapse of the umbilical cord is a critical complication that can arise both during and before delivery. It occurs when the umbilical cord precedes the infant. Normally, to avoid compression, the baby passes through the mother’s cervix first and is then followed by the umbilical cord.

This scenario constitutes a medical emergency since it could potentially compromise the oxygen and blood supply to the baby during delivery. When the umbilical cord is exposed to air, it constricts, affecting blood flow and possibly resulting in serious and lifelong disabilities in the child.

Knotted Cord

A knotted cord is exactly what it sounds like; an umbilical cord that has become knotted either in utero or during delivery. Knotted cords commonly occur in cases where the umbilical cord is unusually long. Not every knotted umbilical cord will lead to complications. In some cases, the knot is loose enough for oxygen and blood to still flow to the baby. If the knot is tight, however, serious problems can ensue.

How Do Doctors Diagnose Umbilical Cord Complications?

When an expectant mother selects a doctor or birthing team to deliver her newborn, she trusts that they will closely monitor both her pregnancy and the delivery and identify any potential complications. If her umbilical cord is compressed, they are expected to promptly identify the condition and do everything in their power to treat it.

Thanks to advancements in imaging and medicine, there are multiple methods and tools that can be used to accurately and expeditiously diagnose umbilical cord compression. For example, ultrasounds can detect the umbilical cord’s location and whether or not it has fallen out of the mother’s cervix. A fetal Doppler can monitor a baby’s heartbeat which can then be analyzed to determine if oxygen and blood flow are being restricted.

Signs that an umbilical cord may be compressed include:

Abnormal amniotic fluid levels
Abnormal stomach tightness or cramping
Delayed heart rate deceleration after contractions
Changes in the fetal heart rate
Peripheral edema
Vaginal bleeding
Intrauterine growth restriction
Decreased or increased fetal movement
Premature membrane rupture
Enlarged vulva

If your obstetrician failed to recognize any of these symptoms or failed to monitor you properly during your pregnancy, they may have committed medical negligence.

What Are the Most Common Injuries Related to Umbilical Cord Complications?

Without a steady supply of oxygen and blood, a fetus could experience short and long-term consequences or death. The majority of injuries involving umbilical cord compression result in some degree of brain damage. Other common birth injuries associated with the compression of the umbilical cord are:

Behavioral impairments
Cerebral palsy
Hypoxic-ischemic encephalopathy
Developmental disorders
Cognitive impairments
Fetal acidosis

Even with modern technology, 19% of stillbirths are due to umbilical cord compression.

Medical Negligence and Umbilical Cord Compression Injuries

Even with a prompt diagnosis and appropriate medical treatment, injuries due to umbilical cord compression are not always avoidable. However, if a doctor or other healthcare professional waits to diagnose or fails to treat compression injuries promptly, some medical negligence could be at play. If you plan on filing a medical malpractice claim for damages, you will have to prove that negligence existed and that it was the source of your baby’s injuries. A seasoned birth injury attorney can help you file your claim successfully.

What Damages Can Be Considered in an Umbilical Cord Compression Case?

Umbilical cord compression injuries can have a lifelong impact on your child, which can, in turn, put you and your family in financial dire straits. You entrusted your doctor with your newborn baby’s safety. If they failed to uphold the medical standard of care due to negligence, they and the medical facility for which they work should be held liable.

In a birth injury malpractice claim, you could be eligible to collect financial compensation for:

Medical bills, current and anticipated
Rehabilitation expenses
Reduced earning capacity
Home and vehicle modifications
Lost earnings
Pain and suffering
Disability
Medical devices such as wheelchairs

Contact a Dallas Birth Injury Attorney

An umbilical cord compression injury could be a lifelong obstacle for you and your baby. If you suspect that your baby’s umbilical cord compression injuries were caused by medical negligence, you need to reach out to an experienced Dallas birth injury attorney from Rasansky Law Firm. To schedule your free consultation, call (214) 651-6100 or fill out the form on our website.

The post Umbilical Cord Complications: Legal Rights and Remedies appeared first on Rasansky Law Firm.

Real Cases: Medical Misdiagnosis That Changed Lives 2 Jul 9:12 AM (3 months ago)

A correct diagnosis can mean the difference between life and death. Yet every year, thousands of patients are harmed by delayed or incorrect diagnoses—many of them preventable. A medical misdiagnosis isn’t just a mistake; it can alter the course of someone’s life permanently.

In this post, we explore real-world examples of medical misdiagnosis, what went wrong, how lives were impacted, and what patients and families can do if they suspect a similar failure in their care.

⚠️ Why Medical Misdiagnosis Matters

Diagnostic errors contribute to an estimated 250,000 deaths per year in the U.S., according to Johns Hopkins Medicine. These errors often involve:

Failing to diagnose a condition entirely
Delayed diagnosis
Wrong diagnosis leading to incorrect treatment
Overlooked test results or symptoms

The most commonly misdiagnosed conditions include cancer, stroke, infections, and heart disease.

🩺 Real Medical Misdiagnosis Cases That Changed Lives

Case #1: Stroke Misdiagnosed as Migraine

A 29-year-old woman visited the ER with slurred speech and dizziness. She was diagnosed with a migraine and discharged. No CT scan was ordered. Hours later, she suffered a major stroke and lost mobility in her left side. A timely scan could have saved her full function.

Legal Impact: The hospital settled a malpractice case due to failure to follow standard stroke protocols.

➡️ Emergency Room Errors and Patient Harm

Case #2: Breast Cancer Missed on Mammogram

A woman received a "clear" mammogram, but a small mass was missed. Two years later, she was diagnosed with stage 3 breast cancer. A correct reading would have likely caught the cancer at stage 1.

Legal Impact: The radiologist was found liable for failure to identify a visible abnormality.

Case #3: Child’s Meningitis Mistaken for Stomach Flu

A toddler with fever, vomiting, and lethargy was medically misdiagnosed with a stomach virus. No labs or observations were ordered. The child was later hospitalized with meningitis and now lives with cognitive delays and hearing loss.

Legal Impact: Parents sued the urgent care clinic for failure to escalate care. The settlement helped fund the child’s long-term support.

➡️ Understanding Medical Malpractice Lawsuits in Birth Injury Cases

Case #4: Heart Attack Misread as Anxiety

A 50-year-old man went to the ER with chest pain. He was told it was a panic attack. Hours later, he went into cardiac arrest. Timely diagnosis and treatment could have saved his heart function.

Legal Impact: Providers failed to rule out cardiac issues, violating standard ER protocol.

Case #5: Appendicitis Missed in Pregnant Patient

A pregnant woman’s severe abdominal pain was dismissed as normal discomfort. Her appendix later ruptured, causing infection and premature labor. Both mother and baby survived, but with complications.

Legal Impact: A claim was filed for failure to perform necessary imaging or consider appendicitis in differential diagnosis.

🧠 What Causes Medical Misdiagnosis?

Rushed or brief appointments
Failure to review test results thoroughly
Communication breakdown between departments
Cognitive biases (e.g., anchoring on a single assumption)

🔍 When Does Medical Misdiagnosis Become Medical Malpractice?

Not every diagnostic error is malpractice. But it may qualify if:

The provider failed to meet the standard of care
That failure led to preventable harm or death
A competent doctor would have made the correct diagnosis

➡️ What Constitutes Medical Malpractice in the Eyes of the Law

🎧 Listen to the Podcast: Episode 4 – Top 5 Medical Misdiagnosis Cases

This episode expands on these stories and explains what they mean for patients and families navigating unclear diagnoses.

🎙️

📌 Related Blog Posts

📞 What to Do If You’ve Experienced a Misdiagnosis

If you believe you or a loved one was harmed by a delayed or incorrect diagnosis, you may have a legal case. Statutes of limitations vary, so don’t wait.

➡️ Schedule a Free Case Review Today

The post Real Cases: Medical Misdiagnosis That Changed Lives appeared first on Rasansky Law Firm.

Placental Problems and Their Impact on Birth: A Deep Dive into Placenta Abruption, Previa, and More 1 Jul 10:05 AM (3 months ago)

The placenta is a structure that grows in a woman’s uterus when she is pregnant. It is attached to the uterine wall and delivers nutrients and oxygen to the growing baby through the umbilical cord. It also removes waste from the baby’s blood supply. The placenta is normally connected to either the side, top, back, or front of the uterus. In rare instances, the placenta may be attached to the lower part of the uterus; a condition known as placenta previa (low-lying placenta).

What Factors Can Affect the Health of the Placenta?

Multiple factors can impact the health of a placenta during gestation, including:

Maternal age: Problems with the placenta occur more frequently in women over the age of 40
Water breaks too early: While he or she is growing, a baby is cushioned and surrounded by a fluid-filled membrane known as the amniotic sac. If this membrane breaks or leaks before labor starts, the risk of certain placental problems greatly increases
High blood pressure: Woman with high blood pressure are extremely prone to issues with their placenta
Multiple pregnancies: Carrying more than one fetus (twins, triplets, etc.) can increase the odds of placental problems arising
Blood-clotting conditions: Any disorder that either increases the likelihood of a blood clot or hinders the blood's ability to clot can increase the risk of some placental problems.
Prior uterine surgery: Prior uterine surgery, such as the removal of fibroids or a C-section increases the chances of issues with the placenta
Prior placental problems: The odds of placental problems are higher in women who have previously had them
Substance use: Specific placental issues arise more frequently in women who used cocaine or smoked while they were pregnant
Abdominal trauma: Any previous trauma to the abdomen, such as from a car accident, fall, or assault, greatly increases the odds of the placenta separating from the uterus prematurely, a condition known as placenta abruption

What Placental Problems Occur Most Often?

During pregnancy, the most frequently occurring placental problems are placenta accreta, placenta previa, and placental abruption. Post-delivery, retained placenta can be a concern.

Placenta accreta: Under normal circumstances, the placenta separates from the uterine wall once the baby is born. When placenta accreta occurs, however, all or part of the placenta remains connected to the uterus. This condition can develop if the blood vessels and other placental parts attach too deeply to the uterine wall.

Placenta accreta often causes severe blood loss during the delivery process. In severe cases, the placenta grows down into the uterine muscles of through the uterine wall. Your doctor will recommend a C-section followed by the removal of the uterus.

Placenta previa: This medical condition arises when the placenta completely or partly covers the cervix. Placenta previa develops most often early in the pregnancy and could potentially resolve itself as the uterus expands.
Placenta previa can result in heavy vaginal bleeding throughout the pregnancy or during delivery. Whether this condition can be successfully managed depends on the severity of the bleeding, whether it can be stemmed, how far along the pregnancy is, the placenta’s position, and the overall health of mother and baby. If placenta previa persists into the third trimester, the doctor should recommend a C-section.
Placental abruption: A condition called placental abruption can develop in cases where the placenta either fully or partially peels away from the uterus prior to delivery. Placental abruption can deprive the baby of nutrients and oxygen and cause the mother to bleed heavily. This condition can result in an emergency that requires premature delivery.
Retained placenta: A retained placenta occurs when the mother does not deliver the placenta about 30 or so minutes after the birthing process. A retained placenta can develop if the placenta is still attached to the uterine wall or it becomes lodged behind a partly closed cervix. If left untreated, a retained placenta can lead to a serious infection or catastrophic blood loss.

What Symptoms Can Indicate Placental Problems?

If you experience any of the following during pregnancy, consult your doctor right away:

Abdominal pain
Vaginal bleeding
Uterine contractions
Back pain

How Is the Placenta Delivered?

When a baby is delivered vaginally, the placenta is delivered vaginally as well. This is referred to as the third stage of labor. Once the mother has given birth, she will continue to experience mild contractions. The doctor might administer the drug Pitocin (oxytocin) to help the uterine contractions continue and minimize postpartum bleeding. For those giving birth via a C-section, your doctor will remove the placenta during the procedure. Once it has been expelled, the placenta will be examined to ensure that it is intact. If any pieces were left behind, they would have to be removed to prevent infection and unnecessary bleeding. In most cases, the doctor will let you take the placenta home with you, should you be interested in doing so.

How Can I Lower the Risk of Placental Problems Developing?

The majority of placental problems cannot be directly prevented but there are steps you can take to help ensure a healthy pregnancy:

Visit your doctor regularly for the duration of your pregnancy. Reschedule any missed appointments.
Work with your birthing team to manage any health problems, like diabetes and high blood pressure.
Do not smoke, drink, or take drugs while you are pregnant.
Before opting to pursue an elective C-section, discuss all potential risks with your doctor.

If you experienced placental problems during an earlier pregnancy and are planning another, talk to your doctor about how you can reduce the risk of it happening again. You should also tell them if you have had any type of uterine surgery in the past. Both of these will require your condition to be closely monitored throughout your pregnancy.

If you have concerns regarding potential placental problems during your pregnancy, talk to your doctor. They can provide you with additional information on the role the placenta plays during your pregnancy. If your child sustained a birth injury and you have questions regarding filing a claim, consult with a Dallas birth injury lawyer from Rasansky Law Firm. We offer a free initial consultation and can advise you on how to best proceed with your birth injury case. Call us at (214) 651-6100 or fill out the contact form on our website to schedule your free consultation.

The post Placental Problems and Their Impact on Birth: A Deep Dive into Placenta Abruption, Previa, and More appeared first on Rasansky Law Firm.

The Role of a Lawyer in Addressing Newborn Hypoxic-Ischemic Encephalopathy 19 Jun 11:25 PM (4 months ago)

Hypoxic-ischemic encephalopathy occurs when an infant experiences decreased blood flow to the brain and oxygen deprivation during the birthing process. HIE can cause brain damage and other medical conditions such as cerebral palsy. If your baby was diagnosed with HIE, medical negligence may have been the cause. Talk to an experienced Dallas hypoxic-ischemic encephalopathy attorney to find out if you are entitled to financial compensation for your baby’s care.

What Is Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy in newborns is frequently linked to medical negligence. It can be caused by a wide variety of complications, most of which are facilitated or caused by a doctor’s actions or lack thereof. It happens when an infant’s brain does not receive a sufficient amount of oxygen (hypoxia) or blood (ischemia). Decreased blood flow to the brain means that reduced glucose and oxygen are reaching the brain cells. It also causes calcium in the brain cells to increase, which could lead to apoptosis (cell death). In serious cases, this could cause lifelong neurological disabilities including cerebral palsy. In many cases, HIE is preventable with proper medical care.

What Is a Hypoxic-Ischemic Encephalopathy Attorney?

Hypoxic-ischemic encephalopathy attorneys are personal injury attorneys who specialize in representing families impacted by HIE due to a lack of appropriate medical care.

Based on the severity, hypoxic-ischemic encephalopathy could mean permanent disabilities that many families are not financially and emotionally prepared to handle. These disabilities can include an increased risk of epilepsy or cerebral palsy, difficulties with motor function, and cognitive impairments.

HIE attorneys file medical malpractice lawsuits that allow families to pursue the money they need to cover the lifetime expenses intrinsic to taking care of a baby with HIE.

From a legal standpoint, hypoxic-ischemic encephalopathy and medical malpractice are tightly interwoven. However, even though a medical connection exists, an HIE attorney's job is still a complex one requiring skill. They must be able to establish that something went wrong during delivery, labor, or pregnancy, and as a result, the infant sustained a birth injury. Instead, your attorney must demonstrate medical malpractice by proving:

The level of skill and care that a reasonable healthcare professional would have shown in the same or similar situation
How the medical professional failed to meet this standard
That the medical professional’s negligence caused injury to the infant

By bringing a claim of medical negligence, the parents may be able to, at the very least, ease the financial worries arising from the provider’s negligence.

What Causes Hypoxic-Ischemic Encephalopathy?

Some causes of infant hypoxic-ischemic encephalopathy associated with birth injury malpractice are:

Prolonged labor or delivery: Extended labor increases the risk of hypoxic-ischemic encephalopathy, particularly if it is not properly managed with an emergency C-section
Fetal distress: Insufficient monitoring or lack of response to signs of lack of oxygen, respiratory problems, or abnormal heart rate
Diminished lung function: Caused by negligence in addressing problems relating to the infant’s lung functions during or immediately following birth
Placental abruption: Failing to recognize or address a ruptured placenta could result in reduced oxygen and blood flow to the newborn
Umbilical cord issues: Failure to identify and address umbilical cord complications, such as prolonged pinching

If you suspect that your baby’s condition was caused by the negligence of a healthcare professional, a Dallas hypoxic-ischemic encephalopathy attorney can help.

How Can a Hypoxic-Ischemic Encephalopathy Attorney Help Me?

A skilled hypoxic-ischemic encephalopathy attorney can streamline the legal process by handling all legal aspects of your case. Based on the circumstances of your child’s injury, an experienced birth injury attorney can also help by:

Reviewing your case for free: Most reputable birth injury attorneys offer prospective clients a free initial consultation to discuss their case and determine if they have a valid claim.
Investigating your child’s injury: Your attorney will closely study the events surrounding your baby’s birth and determine if HIE was due to negligence.
Gathering evidence: Your Dallas HIE attorney will obtain your medical records, consult with experts, and collect other pertinent evidence to build the strongest case possible.
Filing a lawsuit: They will handle every phase of the lawsuit, and ensure that all documents are filed in a timely fashion with the appropriate court.
Negotiate a settlement: Your attorney will work to obtain maximum compensation for you and your baby without going to court.
Representing you at trial: If a fair settlement agreement cannot be reached, they will protect your rights by representing you in court.

By partnering with an experienced HIE attorney, you can focus on yourself and your baby. Your birth injury attorney will work hard to secure the justice and financial compensation your family needs and deserves.

When Should I Hire a Birth Injury Attorney?

Ideally, you need to consider working with a birth injury attorney the minute you suspect your baby’s condition could have been caused by a medical mistake. It is essential to take immediate action because Texas has a rigid two-year deadline for filing a birth injury lawsuit. This deadline is referred to as the statute of limitations and once it expires, you will be barred from pursuing any legal action and from collecting compensation. This is just one of the reasons it is vital to partner with a birth injury lawyer who has experience in handling these kinds of lawsuits.

It is also possible that your baby was not diagnosed or was misdiagnosed after birth. Fortunately, a knowledgeable Dallas birth injury attorney can make sure that your lawsuit is filed before the statute expires, even if you have not received a formal diagnosis. When it comes to finding out what legal avenues are open to you, don’t wait.

Rasansky Law Firm

Your baby’s health and well-being are your number one priority. Hiring the right birth injury attorney can make a world of difference in the results of your case. Birth injury cases involving hypoxic-ischemic encephalopathy are complicated and demand an attorney who not only has years of experience practicing personal injury law but is also committed to advocating for the unique needs of your family.

If medical negligence caused your child’s hypoxic-ischemic encephalopathy or other birth injury, you may be eligible for compensation to cover their medical bills and other losses. If you think you have a valid birth injury case, schedule a free consultation with a Dallas birth injury lawyer at Rasansky Law Firm by calling us at (214) 651-6100.

The post The Role of a Lawyer in Addressing Newborn Hypoxic-Ischemic Encephalopathy appeared first on Rasansky Law Firm.

Steps to File a Premises Liability Claim in Texas 12 Jun 11:06 PM (4 months ago)

It likely goes without saying that homeowners and owners of any other type of property are responsible for maintaining their properties. When they don't, a guest's chances of getting wounded increase. However, a successful claim or legal action requires proof of the property owner's fault.

The vast majority of premises liability lawsuits are settled out of court rather than going to trial. Of course, the victim's compensation also depends on a number of other factors. You may be entitled to compensation under premises liability laws, and the following information may help you establish your case more effectively.

How Do You File a Claim For Premises Liability?

If you were hurt due to something on a property, you'd need to show that it was unsafe. First, you'll need a letter from your doctor explaining your injuries and how the unidentified property damage or risk caused them to claim the negligence of a Texas property owner caused them. You should keep this letter for possible future use.

However, it is not enough to show that a dangerous situation simply existed on the property; you must also show that the owner was aware of the danger and did nothing to remedy it. In other words, that person has either actual or potential knowledge.

As a result, when a problem has persisted for long enough, the property owner is considered to have "constructive notice" of the problem. A report, photographs, video, or even sworn testimony from the owner could all be used to prove their level of awareness.

Premises Liability Rules in Texas

According to Texas law, landowners are responsible for injuries that occur on their property. The law in Texas is similar to the law in most other states in that it allows an injured party to file a lawsuit against the property owner for damages.

However, whether or not you can file a claim for damages depends on whether you were a trespasser, invitee (or consumer/visitor for business purposes), or a guest on any private property in Texas.

Documentation of Premises Liability

Your case would be strengthened if you keep a record of everything that has happened as a result of your injury and make copies of all relevant medical documentation. All expenses incurred (time away from work, travel to the hospital, surgery, etc.) should be accounted for.

Needless to say, the costs associated with treating injuries and fixing standard damage after an accident are high. Because of this, you must meticulously record all money spent on medical bills and other expenses related to your injury.

Once again, if you've been hurt on someone else's property, you may be able to file a claim for premises liability and receive financial compensation for your medical bills. In addition, if you can't work because of your injury, you may be eligible for wage loss compensation.

You can also sue for non-monetary losses, including emotional suffering, mental agony, and the loss of a loved one's presence and support. These losses are intangible and difficult to put a price tag on.

If you've been injured on someone else's property in Texas, you should contact the property management company or owner as soon as possible and make a formal report. If you report it, it will be more difficult to cover up the accident, and you will have more evidence to support your claim.

Defendants in Premises Liability Claims

If you want to succeed in a Texas premises liability lawsuit, you first need to demonstrate that the defendant owned and/or controlled the property where your injury occurred. This component will probably not be contested in the vast majority of situations involving premises liability.

In most cases, it will be very obvious that the owner, occupier, lessee, or manager of the property had a legal obligation to inspect the property, make sure that it was in a reasonably safe condition, and take the right actions to rectify or limit any known (or reasonably knowable) dangers on the property.

For illustration's sake, let's assume you're browsing the aisles of a supermarket when something tumbles off a high shelf and hits you on the head. Regardless of whether the grocer owned or leased the premises, it is the responsibility of the store owners to ensure that their establishment provides a secure environment for their clientele.

Consulting an Attorney For Premises Liability

Steps to File a Premises Liability Claim in Texas You can increase your chances of winning a premises liability case in Texas by consulting with an experienced attorney. He or she can give you advice on how to pursue your legal choices effectively.

Furthermore, once retained, a premises liability attorney will initiate an investigation of your claim. They will gather information regarding the occurrence to bolster your case, giving you the best chance of getting the justice and financial recompense you are owed.

A lawyer might collect all documents, official and otherwise, related to the incident, as well as details about your medical background and injury records.

Moreover, an attorney can help you with documentation of lost wages or potential earnings. Your lawyer will also comb through images taken at the incident's location, nearby companies' or property owners' security tapes or videos, and reliable witness statements.

You and your lawyer should begin compiling this material as soon as possible. The passage of time can make it harder to recall specifics or obtain the exact data you require, especially from witnesses.

Contact the Rasanky Law Firm in Dallas

Injuries sustained on either public or private property may result in legal action against the property's owner. You may be eligible to receive compensation for medical bills, lost wages due to time off work, and other expenses related to your accident.

Texans have relied on the attorneys at the Rasansky Law Firm for decades because of our commitment to advocating for average citizens.

If you or a loved one has been injured in Texas due to the negligence of another, please call our Dallas premises liability lawyers at 214-617-1816.

As soon as you and your loved ones are ready to learn more about filing a claim and protecting your legal rights, we offer a free first consultation to help you get started.

The post Steps to File a Premises Liability Claim in Texas appeared first on Rasansky Law Firm.

What Constitutes Medical Malpractice in the Eyes of the Law? 6 Jun 11:35 AM (4 months ago)

We trust doctors, nurses, and healthcare professionals with our lives, but what happens when that trust is broken by a preventable mistake? While not every negative medical outcome is grounds for a lawsuit, some errors cross the line into medical malpractice. This legal term can have profound implications for both patients and providers.

In this post, we’ll explain what legally qualifies as medical malpractice, how it differs from general medical mistakes, and what you can do if you or a loved one has been harmed by negligent care.

⚖️ What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, and that deviation causes injury or harm to the patient.

To have a valid malpractice case, four legal elements must generally be proven:

Duty – The medical provider had a legal obligation to treat the patient.
Breach – They failed to meet the standard of care expected in their field.
Causation – That failure directly caused harm to the patient.
Damages – The patient suffered measurable harm—physical, emotional, or financial—as a result.

🚫 Malpractice vs. Medical Error: What’s the Difference?

Not every medical error constitutes malpractice. For example, if a doctor makes a difficult judgment call in an emergency and the outcome is poor—but still within reasonable standards—it may not be considered negligence under the law.

A mistake becomes malpractice when it involves:

A clear violation of standard medical practices
A failure to act when a reasonably competent provider would have
Omission or negligence, such as ignoring test results or symptoms
Lack of informed consent when a patient is not told about known risks

➡️ Listen to Ep 3 of our podcast: “Understanding Medical Malpractice: When Does a Mistake Become Negligence?”

🏥 Common Examples of Medical Malpractice

Medical malpractice can occur in any setting, including hospitals, clinics, nursing homes, and private practices. Some of the most common malpractice claims include:

1. Misdiagnosis or Delayed Diagnosis

Cancer, stroke, and heart attacks are commonly missed conditions
Delays in diagnosis can prevent timely treatment, causing serious harm

2. Surgical Errors

Wrong-site surgery
Leaving surgical tools inside the body
Operating on the wrong patient

3. Medication Errors

Administering the wrong drug or dosage
Prescribing drugs that interact dangerously
Failing to monitor side effects

4. Birth Injuries

Failing to perform a timely C-section
Improper use of forceps or vacuum extractors
Failure to monitor fetal distress

5. Failure to Obtain Informed Consent

Performing procedures without fully explaining the risks
Withholding alternative treatment options from the patient

📄 What Is the "Standard of Care"?

The standard of care is a legal benchmark used to evaluate a provider’s actions. It refers to what a reasonably competent medical professional in the same field would have done under similar circumstances.

To determine if the standard of care was breached, your case will likely involve:

Testimony from expert witnesses in the same specialty
Review of medical records and treatment plans
Comparison to established medical guidelines and practices

➡️ Explore our post on Do I need an expert witness for my Texas medical malpractice lawsuit?

🧾 How Do You Know If You Have a Case?

You may have grounds for a medical malpractice claim if:

You or a loved one suffered unexpected complications or worsening of a condition
The harm appears to be tied to delayed, incorrect, or absent treatment
You were not told about major risks before a procedure
Another doctor has since pointed out an error or concern

That said, malpractice claims are complex and fact-specific. The best way to know for sure is to consult with an experienced medical malpractice attorney.

⏰ Time Limits: Statute of Limitations

Each state has a statute of limitations that limits how long you have to file a claim. In Texas, for example, the general deadline is two years from the date of injury, though exceptions may apply in cases involving minors or late discovery.

Failing to act within the allowed timeframe could result in losing your right to compensation.

💡 Why Filing a Claim Matters

Medical malpractice lawsuits serve more than just financial purposes. They can:

Help cover the cost of medical care, rehabilitation, lost income, and other damages
Exposing unsafe practices or negligent providers
Give patients and families a sense of justice and closure
Encourage systemic improvements in healthcare

🎧 Listen to the Podcast: Ep 3 – Understanding Medical Malpractice

In this episode, we explore what constitutes medical malpractice under the law, how it differs from honest mistakes, and why some cases proceed while others don’t.

🎙️ Listen now wherever you get your podcasts

📌 Related Posts

💬 Final Thoughts

Medical malpractice can change lives in an instant. If you believe your outcome was the result of negligence, don’t stay silent. You have the right to seek answers, hold healthcare providers accountable, and recover the support you need to move forward.

📞 Schedule a Free Case Review

If you or a loved one may have been harmed by medical malpractice, contact us today for a free, no-obligation consultation. We’ll listen to your story, review the facts, and help you understand your legal options.

The post What Constitutes Medical Malpractice in the Eyes of the Law? appeared first on Rasansky Law Firm.

Rasansky Law Firm View RSS