Strauss Law Offices, LLCStrauss Law Offices, LLC2026-07-18T23:12:52Zhttps://www.strausslawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1504500/2022/05/cropped-Strauss-site-identity_512-32x32.pngOn Behalf of Strauss Law Offices, LLC<![CDATA[Can I sue a hospital for birth trauma?]]>https://www.strausslawoffices.com/?p=480682026-07-18T23:12:52Z2026-07-18T23:12:52Zpsychological injury.
When does poor treatment become more than rudeness?
You need evidence connecting the staff’s conduct to measurable harm. A claim may require:
A duty of care: The hospital and its staff were responsible for providing competent care during labor and delivery.
A breach: A nurse ignored urgent symptoms, failed to monitor you, delayed necessary help or acted below accepted standards.
Causation: The failure directly contributed to your injury, your baby’s injury or diagnosed psychological trauma.
Damages: You experienced medical costs, lost income, treatment or significant pain and emotional suffering.
Rude comments or inattentiveness may support a complaint even when they do not establish malpractice. They may also be negligence.
How to turn your experience into a formal claim
Begin by preserving details while they remain fresh. You can:
Write a timeline naming staff members and describing what occurred.
Request complete hospital and birth records.
Save messages, photographs, bills and witness information.
Report the conduct through the hospital’s patient relations process.
Have the records reviewed to determine whether care standards were breached.
File the required claim or lawsuit within your state’s deadline.
Birth trauma deserves to be taken seriously. If unsure about related legal processes, a legal professional can help you determine whether your experience supports a malpractice case or another complaint.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[Obtaining medical records after a mistake occurs]]>https://www.strausslawoffices.com/?p=480672026-07-08T15:45:06Z2026-07-08T15:45:06ZThe law protects record access
The Health Insurance Portability and Accountability Act (HIPAA) prevents those with access to private medical information from sharing that information without the consent of the patient. It also reinforces the right of patients to access their medical records as necessary.
Patients should receive their full medical records either digitally or in print upon submitting a request. In some cases, they may need to pay for the digital device used to store the records or the cost of printing the paperwork.
Medical providers should not redact details or refuse to provide records simply because something negative occurred during the patient's treatment. After securing the records, it is then possible to review the information for accuracy. A professional review can help determine if another health care professional could have made better choices regarding the testing or treatment of the patient in question.
If medical errors led to a poor outcome, the affected patient or their surviving family members may be able to pursue a medical malpractice lawsuit. Securing copies of medical records can be an important step for those seeking justice when physicians do not fulfill their duty of care to patients.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[3 mistakes doctors make while prescribing medications]]>https://www.strausslawoffices.com/?p=480662026-06-23T00:22:17Z2026-06-23T00:22:17Z1. Recommending the wrong dose
Three distinct factors influence the amount of medication present in a patient's bloodstream. The first is the formula of the medication. Some drugs have rapid-release and extended-release formulas. The second concern is the dose of the active ingredient or medication. The third is the frequency with which the patient takes the medication. Mistakes regarding formulation, timing and dosage can result in treatment failing or a patient experiencing an overdose.
2. Ignoring contraindications
There are many reasons why one medication may not be the right choice for a patient. They may already take another drug that interacts with the medication. They may have underlying medical conditions that make the medication unsafe or especially risky. Doctors should check a patient's history to select the safest and most effective medication.
3. Failing to plan for the end of treatment
Many drugs can cause chemical dependence. Other drugs are habituating, meaning that people feel dependent on them even if they are not physically addicted. Physicians may need to plan in advance to reduce dosage and treatment frequency to prevent withdrawals and substance abuse, as well as medical complications.
When physicians overlook important information and fail to take reasonably necessary steps when prescribing a drug, they may be liable for the harm suffered by their patients as a result. Reviewing medical records with a skilled legal team can help people prepare for a medical malpractice lawsuit against a negligent prescribing physician.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[When negligence leads to preventable hospital-acquired infections]]>https://www.strausslawoffices.com/?p=480652026-06-15T19:34:43Z2026-06-15T19:34:43ZHospital-acquired infections, or health care-associated infections (HAIs), refer to infections that develop during the course of receiving treatment for an unrelated medical condition. Patients who are already medically vulnerable are often most at risk, including those recovering from surgery, managing serious illness or weakened by a compromised immune system.
If you or a loved one develops an infection during a hospital stay, you may have grounds to pursue a claim against the health care facility, and it’s important to understand your rights.
The line between accepted medical risks and negligence
Not every hospital-acquired infection is the result of negligence. Many medical procedures carry an inherent risk of infection, even when performed appropriately and with proper precautions. The key question is whether the care provided was consistent with accepted medical standards under similar circumstances.Health care providers are legally obligated to take reasonable steps to prevent avoidable harm to their patients. As such, a health care facility may be liable for an infection that stems from a failure to follow proper infection-control measures, such as the use of contaminated surgical instruments, improper wound management, failure to maintain sterile conditions or lapses in basic hygiene practices like handwashing.
What you need to prove
Holding a negligent health care provider accountable after a HAI requires more than showing you got an infection after a hospital stay. You’ll need to establish that the health care provider owed you a duty of care that they breached, leading to the infection and resulting harm. In most cases, it’s easier said than done.These claims are legally and technically complex, often requiring careful analysis of medical records, safety protocols and the specific circumstances surrounding your care. Reaching out for early professional guidance can go a long way in building a strong case and protecting your rights as a victim of medical negligence.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[4 mistakes to avoid as a victim of medical negligence]]>https://www.strausslawoffices.com/?p=480642026-06-03T20:03:03Z2026-06-03T20:03:03ZAs a victim of medical malpractice, you have the right to seek compensation for the physical, emotional and financial consequences of your injuries. Healthcare providers are expected to deliver care that meets established professional standards, and when they fail to do so, they can be held accountable for the harm their negligence causes.
That said, the steps you take in the weeks and months following a medical negligence incident can be the difference between a successful claim and a missed opportunity for justice. These common mistakes can weaken your case, complicate the claims process and even affect the compensation you may be entitled to recover.
1. Waiting too long to take action
Don’t assume you have unlimited time to address the situation. There are legal deadlines on medical malpractice claims beyond which you cannot seek legal recourse. Waiting too long can also lead to the loss or deterioration of crucial evidence that could have helped your claim.
2. Ignoring follow-up treatment
After experiencing harm, it’s not uncommon for patients to delay or avoid further medical care due to frustration, loss of trust or concerns about cost. Some even assume that allowing a condition to worsen will strengthen a potential claim. In reality, the opposite is often true. Skipping recommended follow-up care can undermine both your recovery and your legal position. Insurers may argue that you made your condition worse by failing to follow treatment recommendations, which can reduce the value of your claim.
3. Settling too soon
It can be tempting to accept an early settlement offer, especially when medical bills are piling up and income has been disrupted. However, initial offers are often calculated to resolve the claim quickly and for less than its full value. Don’t accept a quick settlement before understanding the full scope of your injuries, future treatment needs and the long-term financial impact.
4. Pursuing the claim without qualified legal support
Trying to handle a medical negligence claim on your own can place you at a significant disadvantage. These cases are highly technical, often requiring detailed medical records, expert testimony and a clear understanding of how the law works. Seeking professional legal guidance can help you avoid missteps that may weaken your claim while safeguarding your rights throughout the process.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[Seeking non-economic damages in a wrongful death lawsuit]]>https://www.strausslawoffices.com/?p=480632026-05-18T04:58:44Z2026-05-18T04:58:44ZIn a wrongful death lawsuit, the focus is often on the recovery of economic damages. The sudden loss of a family member can cause profound financial setbacks for survivors. Plaintiffs have the right to seek economic damages for losses, including the future earning potential of the person who died.
There are also non-economic losses that can have practical and financial implications. The law allows plaintiffs pursuing wrongful death litigation to request non-economic damages in addition to financial or economic damages.What types of damages are available under state law?
Grief is not compensable, but other things are
The rules for non-economic damages, as established byjury instructions, court rulings and state statutes, do not allow surviving family members to request non-economic damages for their grief or emotional suffering. Instead, the state focuses on other, more practical non-economic consequences.Surviving spouses can request compensation for the loss of consortium, which is the loss of a spouse’s companionship, support and intimacy. Surviving children can often request non-economic damages for their loss of parental guidance. The tragedy deprives them of decades of moral support, nurturing, financial support and education.The courts also consider the loss of the deceased party's household services as a form of non-economic damages. Unpaid labor, ranging from lawn maintenance to cooking, can add to the total damages sought in the lawsuit.Determining what damages are available in calculating an appropriate amount of compensation to request can be challenging for those seeking justice after the loss of a family member. Reviewing the impact of a recent tragedy with a lawyer can help families prepare for awrongful death lawsuit that includes non-economic damages.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[Physical assistance and patient handling injuries in a hospital]]>https://www.strausslawoffices.com/?p=480592026-05-07T21:09:21Z2026-05-07T21:09:21ZWhen a patient is in the hospital and receiving care from nurses, perhaps after having surgery, a certain level of patient handling may be necessary. That patient may need physical assistance with simple day-to-day tasks. Examples include:
Helping a patient get in and out of bed
Assisting a patient while they shower or use the restroom
Helping a patient transfer between a chair, a bed or a wheelchair
Lifting a patient while they are still in bed, perhaps to help them shift positions or to change the bedding
Assisting patients as they walk from one room to the next for checkups or other aspects of aftercare
Unfortunately, mistakes made by nurses or hospital staff in these situations could lead to serious injuries. A patient who does not receive proper assistance could fall and suffer a hip fracture, a broken arm, a traumatic brain injury, a spinal cord injury or many other injuries. For a patient in a fragile condition, even an apparently minor fall could have serious consequences.
Lack of needed assistance
Another thing to keep in mind is when patients do not get the assistance that they need. For example, maybe a patient needs help getting in and out of bed every time and uses the call button when they need assistance getting to the restroom. But no one responds because the staff members are not paying close attention. The patient may eventually attempt to get to the restroom alone and suffer injuries in a fall.In all of these situations, the patient may believe that hospital staff acted negligently and caused additional injuries. Those who have been harmed need to understand exactly what legal options they have.
]]>On Behalf of Strauss Law Offices, LLC<![CDATA[How to minimize crash risk on prom night]]>https://www.strausslawoffices.com/?p=480552026-04-24T01:59:24Z2026-04-24T01:59:24Zprom night, it could feel even more so. Here are some tips that can increase the chances that this is an event you all can look back on fondly.
Absolutely no alcohol or drugs for drivers
Teens often do things they did not intend to do due to the weight of peer pressure. Maybe your child would never dream of drinking and driving or has never used any kind of drugs in their life. They may think that gives them the right to take the car to the prom and drive home afterward.
However much you trust them, it can be very hard for them to say no to insistent friends who try to get them to have a drink or a joint. Sometimes a teen will just give in to their friend's demands to get some peace, and that could put them at risk of impairment if they then drive.
A safer option is to drop them off and pick them up yourself or book a ride for them. Perhaps you and other parents could pitch in for a limo, which would reduce the cost and give you more peace.
A code word for if they want to bail
Many parents agree on a code word with their kids for nights out. The teen can slip this into a text or a call to their parent to get them out of a situation they don’t want to be in without losing face in front of friends. They use the word, and you tell them they need to come home now because, for example, their grandmother has been taken to the hospital.
It could allow them to drive home safely or call an Uber or Lyft, rather than being pressured into driving their friends to continue the party elsewhere when they are already tired. Remember, driving when tired is also dangerous.
However careful your teen is, there will likely be others on the road late at night who are much less so, perhaps including drivers who attend the same prom. If a collision does occur, legal guidance may be crucial to claiming the compensation needed for medical bills and other expenses and damages.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[Can a permanent marker prevent surgical errors?]]>https://www.strausslawoffices.com/?p=480542026-04-03T14:43:54Z2026-04-03T14:43:54ZWrong-site and wrong-side errors are common
Surgeons and the professionals supporting them in an operating theater can easily make mistakes regarding where they perform the operation. Operating on the wrong side of the body is a surprisingly common surgical mistake, even if it is typically a preventable oversight.
The doctor sometimes operates on the wrong body part entirely. In both cases, the patient does not receive the care they require and may be unable to undergo a second procedure because of the error made by the surgical team. A mark made ahead of time helps prevent this from happening.
Unfortunately, patients sometimes learn after coming out of anesthesia that medical professionals made an egregious error that could drastically increase their recovery timeline and diminish their treatment options. Such errors are generally preventable and serious enough to warrant malpractice litigation.
Those who experience a surgical error may need help pursuing compensation through a medical malpractice lawsuit. Reviewing medical errors and their consequences with a legal professional can help patients or their family members pursue appropriate compensation for major medical mistakes.]]>On Behalf of Strauss Law Offices, LLC<![CDATA[When doctors don’t listen, they may not reach an accurate diagnosis]]>https://www.strausslawoffices.com/?p=480532026-03-21T00:14:01Z2026-03-21T00:14:01ZOverworked doctors rush through appointments
Research into modern medical care paints a grim picture of what patients experience. Physicians often interrupt patients without giving them adequate time to explain their symptoms and concerns.
On average, patients may only be able to talk for approximately 11 seconds before doctors interrupt them to ask a question or impose their own opinion on the situation. Many patients cannot adequately communicate their concerns and symptoms during just a few seconds.
They may also fail to highlight critical details or repeat themselves if they become distracted by a doctor interrupting them. In scenarios where physicians fail to reach a diagnosis but another doctor could have diagnosed them with the same information, the patient may have experienced medical malpractice.
If a doctor does not listen to their patients and fails to diagnose someone as a result, the patient affected by their diagnostic oversights or the surviving family members grieving that person may have grounds for a medical malpractice lawsuit. Reviewing medical records with a skilled legal team can help patients hold doctors accountable for failing to perform a key professional responsibility.]]>