Posted On: February 28, 2010

Cerebral Palsy - Birth Injury - Failure To Perform Timely C-Section - Delaware Attorney

680_04.jpg
A non-reassuring fetal heart rate

As a Delaware lawyer who handles birth injury cases, I find it tragic that many times these injuries are avoidable. The unborn baby sends out signals saying "I'm in trouble," and the doctor fails to take action. It's like sitting in a room when a smoke detector starts beeping, and you sit in front of your TV and grab another beer.

When a fetus is not receiving enough oxygen, it shows up in the form of an abnormal heart rate pattern. That's why the fetus's heart rate is monitored. Known as "fetal distress," it can sometimes be corrected by giving the mother oxygen, or by increasing the amount of fluids that are given intravenously to the mother, or by turning her on to her left side. But if these steps don't correct the problem, it's the doctor's responsibility to deliver the baby as fast as possible.

If the doctor delays in delivering the baby, irreversible damage can occur. The results are often life-long injuries and disabilities known as cerebral palsy.

This is what happened to a family who sued the hospital and the doctor for waiting too long to perform a C-section after a fetal monitor warned that their baby was being deprived of oxygen. Because of medical negligence, the baby suffered permanent brain damage. Their child now has cerebral palsy and needs constant suctioning to clear her airway.

After a trial, the jury decided that the brain damage should have been prevented, and awarded the family $23.4 million.

Bookmark and Share

Posted On: February 25, 2010

Providing For Your Pets After You Die

As a Delaware lawyer who prepares Wills and loves animals, I’m pleased to say that Delaware is one of the states that allows us to create a trust for the care of our pets after we die. So, if you have 1 or more animals and you’re concerned about what will happen to them after you die, you should consider changing your Will to include a “pet trust.” It’s very easy to do this. You keep your original Will, and we prepare a new document called a “Codicil” which contains the changes you want to make.

A “pet trust” allows you to leave money for the benefit of your pet. You name a person to be the trustee. This person will be manage and spend the money you have set aside for your pet. You can include a set of instructions so the trustee will know how you want your pet cared for. For example, you could explain the kind of food that your pet eats, and how often your pet should be fed. You can also include instructions about medication, veterinary care, etc.

Besides naming the trustee, you can also name a “caretaker,” the person who your pet will live with. This is a good idea when the trustee knows how to manage money but doesn’t necessarily want to take care of your pet on a day-to-day basis.

The pet trust would also name a person or an organization to receive any of the funds that are left in the trust when your pet dies.

Bookmark and Share

Posted On: February 20, 2010

Choosing a Delaware Registered Agent

As a Delaware business lawyer, I'm often asked whether you need an attorney to form a Delaware corporation or a Delaware limited liability company (LLC). A related question is whether your registered agent should be an attorney.

First, let's start with the fact that every Delaware corporation or Delaware LLC must have a Delaware registered agent. To learn why, and to see what a registered agent does, take a look at my article entitled "Every Delaware Corporation Must Have A Registered Agent."

I'm the first to admit that it's not easy searching the internet for a registered agent in Delaware. Talk about a ton of information. But if you're looking for a registered agent who can offer legal services if and when you need them, then you've come to the right place. In my next artice, I'll talk about the services I provide. In the meantime, feel free to check out my website.

Bookmark and Share