Experienced Mississippi Whistleblower Lawyer Discusses Important U.S. Supreme Court Case

I wanted to bring a recent U.S. Supreme Court decision to your attention.  Anyone concerned with whistleblower law or the False Claims Act or really any other area of law should take note of the U.S. Supreme Court’s 5 to 4 decision in Franchise Tax Board of California v. Hyatt.  The case’s facts are unlikely to be of interest to most people and deal with the question of whether a private party can sue a state in another state’s court.  While that question may be of interest to attorneys and legal scholars, the way the Court answered that question should be of interest to anyone dealing with legal issues. The Hyatt case is critical because the Court’s answer to that question—no, a state cannot be sued by a private party in another state’s courts—overturns another U.S. Supreme Court decision, Nevada v. Hall, from 1979. This somewhat obscure case has received quite a bit of attention because liberals view it as laying the groundwork for an attempted reversal of Roe v. Wade, but it could have broad effects beyond that abortion decision to all U.S. Supreme Court cases.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Stare Decisis

Typically, the doctrine of stare decisis dictates that courts follow their own rulings and rulings of higher courts on similar issues.  Stare decisis literally means “stand by things decided.”  Stare decisis creates a precedent, which allows attorneys to guide clients through a decision by looking at similar cases that a court decided.  When a court chooses not to follow stare decisis, it creates tremendous uncertainty, as parties are no longer able to reasonably determine what a court will do given similar facts and law cases it has previously decided. This is particularly unusual behavior for the U.S. Supreme Court, which has only overturned its own rulings 140 times in over two hundred years of cases. Writing for the majority, Justice Clarence Thomas wrote that “stare decisis does not compel continued adherence to this erroneous precedent.” In essence, if a court finds that a previous ruling was wrong, it can overturn the decision.

In his dissent, Justice Breyer summed up the situation well.  He wrote, “to overrule a sound decision like Hall is to encourage litigants to seek to overrule other cases; it is to make it more difficult for lawyers to refrain from challenging settled law; and it is to cause the public to become increasingly uncertain about which cases the court will overrule and which cases are here to stay.” The ripple effect of the Hyatt decision will likely be that other courts will find themselves less bound to stare decisis, and more attorneys will be encouraged to try to change established case law.

This leaves litigants in other cases less sure of their positions, a situation that will likely lead to more settlements. I say this because when a court’s position on an issue becomes less certain, or when a litigant becomes less willing to make a bad precedent for himself or his injury, the surety of settlement becomes more attractive.

What Should You Do if You are Considering Making a Whistleblower Claim?

It’s unclear how Hyatt will affect whistleblower cases.  The False Claims Act is a Civil War-era law, yet it has received significant criticism from conservatives, including current U.S. Attorney General William Barr.  If you are considering filing a False Claims Act case, you will need to speak to an attorney with significant experience in this area of the law. The U.S. Department of Justice receives thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi BP Oil Spill Attorney Discusses New Trump Administration Oil Drilling Regulations

As someone who is working with Gulf residents every day to see to it that they receive compensation for the harm caused by the BP Deepwater Horizon oil spill, I was disheartened to see that the Trump administration is now loosening many of the protections put in place by the Obama administration.  Politics aside, I think we can all agree that had BP’s operation been adequately regulated, there is a significant chance that the 2010 Gulf spill could have been avoided. The people physically, emotionally, and financially devastated by that spill still have not been adequately compensated for their damages, so it seems wildly premature to already be loosening the regulations aimed at protecting us all from future spills.

Do you have a health condition arising from your contact with the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? You may be entitled to a portion of settlement funds. If you think your health condition entitles you to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in BP Oil Spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

New Regulations Loosen Oversight of Gulf Oil Industry

Many of the safety regulations put in place by the Obama administration as a result of the BP Oil Spill are set to be undone by the Trump administration, which has declared them, “unnecessary regulatory burdens.”  The change in rules was announced in May and is at the request of the oil industry.

The list of the Trump administration’s proposed changes should be chilling to anyone who remembers the day nine years ago when the Deepwater Horizon platform blowout preventer failed, leading to a catastrophic failure of the platform, the deaths of 11 platform employees, and injuries to countless others. To be changed are rules relating to more precise operating requirements for offshore crews in tracking pressure in underwater wells, more real-time monitoring by oil companies, and more rigorous inspections of blowout preventers on the offshore facilities. I am disheartened by this proposed change and believe that it demonstrates that the oil industry has too secure a grip on Washington D.C.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill

Regardless of the current state of politics, you deserve compensation for harms you suffered as a result of the 2010 BP Deepwater Horizon Oil Spill.  If you were injured or developed a health condition as a result of the spill or its cleanup, you are due compensation for your medical costs, loss of work, and ongoing pain and suffering. You may have heard that it is too late to file a claim or that there is no longer a way to attain compensation for your damages. You may also be able to submit a new application if your earlier attempts were unsuccessful. Don’t let rumors and misleading information get in the way of attaining compensation—the exclusive way to fully understand your options is to hire an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the Spill. Barrett Law has the experience to take on defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Workers’ Compensation Attorney Explains—Signs that Your Workers’ Compensation Case May Be High Value

All employers here in Mississippi have a legal duty to pay into the workers’ compensation system.  The point of workers’ compensation is simple: employers pay into the system so that workers’ injuries are paid for in the event of a workplace injury.  Employees are covered by workers’ compensation even if the injury was the result of their negligence. One of the most challenging things to judge, however, is the value of a workers’ compensation claim.  Even if an employer pays a claim, it is difficult to assess whether the employee is accepting a fair deal or a fraction of what he or she should be receiving. I have counseled countless employees here in Mississippi about their workers’ compensation claims’ values and can do the same for you or a loved one that has been injured.  Because I so often receive questions about workers’ compensation claim values, I have written the following blog post to provide an overview.

If you or a loved one was injured at work, you will need to have experienced workers’ compensations counsel help you attain your fair share of compensation for his or her injury, recovery, and harm. Barrett Law has the experience to help you if you.  Contact us now at (601) 790-1505.

Factors Influencing the Value of Your Workers’ Compensation Case

It is essential that you not settle your workers’ compensation claim for less than it is worth.  The following are factors that usually increase the value of your claim.

You Have Missed a Significant Amount of Work

Missing a few days or weeks of work is not uncommon after a workplace accident. However, if you have lost more than a month of work, you should see that absence as an indicator that your claim may be worth a significant amount of compensation.  This is particularly true if you have been out of work so long that your work skills and knowledge have deteriorated as a result of the absence.

You Will Have to Change Careers

If your injury was so significant that it prevents you from continuing in the same career, it is a high-value claim.  If you require extensive retraining or moving costs to remain in a new job, those costs can be included in your workers’ compensation claim.

The Injury is Catastrophic

If your injury resulted in a permanent injury or loss of a limb or other body part, you should definitely not settle your workers’ compensation claim without the assistance of an experienced workers’ compensation attorney.  These are catastrophic injuries, and the compensation that you are due from this sort of life-altering event does not fit neatly into traditional compensation categories.

You Required Extensive Medical Care

Many people injured in the workplace only need to rest for a few days before they can return to work. On the other hand, it is easy to rack up hundreds of thousands of dollars in medical bills if your injury required an extended hospital stay or surgery.  If your medical bills are extensive, you should seek assistance from a workers’ compensation attorney to help you gauge what a fair settlement of your claim should be.

What Should You Do if You Were Injured at Work?

If you were injured at work, regardless of fault, you have every right to file a workers’ compensation claim.  It is illegal for your employer to take any action against you in retaliation for filing that claim. You should be compensated for medical costs, loss of work, and damages related to the retaliation such as back pay and loss of future earnings.  Let experienced counsel take care of preserving medical records, documenting the accident, attaining expert opinions, and dealing with your employer’s attorneys. These are essential tasks that only a workers’ compensation attorney can handle for you.

Call Barrett Law now, an experienced Mississippi workers’ compensation law firm, to represent you if you have suffered an injury in the workplace or suffered retaliation as a result of your report. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Attorney Discusses Multiple Myeloma and Medical Malpractice

You have probably seen many advertisements for multiple myeloma cases on television here in Mississippi. Massive class action cases are providing compensation for many people who were exposed to asbestos and other materials that caused multiple myeloma, often through their service in the United States military.  But what if you had multiple myeloma and your physician or physicians failed to diagnosis it.  A failure to diagnosis this particularly aggressive cancer can mean a much shorter life span and a decreased quality of the end of life. If your multiple myeloma was misdiagnosed or was not diagnosed as early as possible, you might have also had a viable claim against the physicians and medical center that delayed or missed your diagnosis.

If a loved one died as a result of a multiple myeloma misdiagnosis or delayed diagnosis, you will need to have experienced counsel help you attain your fair share of compensation for their death. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Multiple Myeloma and Medical Malpractice

In this blog post, I am not discussing the various causes of multiple myeloma, a particularly deadly cancer that attacks the plasma in the body’s blood cells.  Once multiple myeloma begins to attack the cells’ plasma in earnest, the patient usually dies within three years. Because multiple myeloma is so deadly and fast, early detection and treatment is vital to extending the patient’s life and increasing the quality of the remainder of life. Usually, the cancer is determined through a well-established blood test, x-rays, and a bone marrow biopsy. It does not manifest in a detectable tumor or lump like other cancers.

Many people contract multiple myeloma, and it is caught as soon as possible, and they still die.  So simply dying from this horrible cancer is not a sufficient basis for a malpractice claim. Negligence must be proven to prevail in a malpractice claim.  Negligence can be established when the medical center or physician failed to act reasonably to meet a duty of care towards a patient.  Specifically, if a reasonable medical center or physician would have performed a multiple myeloma test and your loved one’s medical team did not, then they may have acted negligently.

Similarly, if sufficient testing was performed, but the results were unreasonably misunderstood or missed altogether, then the medical team may have been negligent. Basically, while a patient cannot necessarily expect the medical professionals to stop an aggressive cancer, he or she should be able to expect them to take reasonable steps to discover and treat the cancer as early as possible. If you believe your loved one’s multiple myeloma treatment was botched, the best course of action is to contact an experienced medical malpractice attorney immediately.

What Should You Do If You or a Loved One Has Been Injured?

If a loved one died as a result of a multiple myeloma misdiagnosis or delayed diagnosis, you should contact an experienced personal injury attorney to determine whether you may attain compensation from a medical malpractice claim.  Compensation can include the costs of additional medical treatment, payment for diminution in your loved one’s quality of life, missed work, and pain and suffering. I am highly experienced in the work required by these types of claims, including preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the hospital’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Taping Conversations

The U.S. Department of Justice only prosecutes the strongest whistleblower cases under the False Claims Act and other federal whistleblower laws. As we all know, with the advent of the smartphone, almost everyone has an audio recorder at their fingertips at all times. Audio recordings often make up the most reliable evidence in any case, especially when a person involved in an illegal act admits to the conduct in question on tape. Clients here in Mississippi often ask me whether they can make secret recordings in the workplace to bolster their case. The second question is whether they should make those tapes. This is almost always a difficult discussion and decision, and there is no one answer for every potential whistleblower case. Because these questions come up so often, I have written the following blog post as an overview.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to help you answer questions about taping as well as many others.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

Can I Secretly Tape in My Workplace in Mississippi?

Under Mississippi law, it legal to secretly tape a conversation as long as one party to the discussion is aware of the taping. In layperson’s terms, that means you can tape a conversation that you are present for but cannot “bug” a room or vehicle where a conversation will occur outside your presence.  The rules around taping conversations vary from state to state, and the above is limited to Mississippi.  In a nutshell, yes, you can tape some conversations at work.  But should you?

Should I Secretly Tape in My Workplace in Mississippi?

As we all know in life, just because you can do something does not mean that you should.  While we all fantasize about recording our employer making a “smoking gun” statement about some fraud against the U.S. government, it is rarely that simple.  First, most fraud against the government is committed by a group of people playing separate, discrete rolls. It is unlikely that you will be able to tape statements made by a mastermind or Bond-villain disclosing the blueprint for the fraud. Second, eliciting admissions is more complicated than it seems, and you may tip off your employer that you are thinking of becoming a whistleblower.  If you tip them off, you may just be providing them with an opportunity to cover up the fraud and destroy relevant documents.  Many people who are committing fraud are at least passively on the lookout for anyone trying to uncover their behavior. Finally, you may also make lots of tapes that do not support your case. Eventually, these statements will also be evidence in any whistleblower case and may weaken your position. Accordingly, there may be cases and times when recording makes a lot of sense, but the decision to tape should be made in coordination with an experienced whistleblower attorney who can provide you with advice about how to move forward in a way that best serves your interests.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you considering filing a whistleblower case? It is foolhardy to start making tapes in hopes of catching your employer making “smoking gun” admissions without first speaking with an experienced whistleblower attorney. The reward for submitting a successful claim can be significant, here half a million dollars, but you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Explains Liability for Nurses’ Negligence

While we often associate our time in the hospital or medical center with physicians, we actually have much more contact with nurses.  Here in Mississippi, I have helped several clients with personal injury cases that stemmed from nurses’ mistakes, negligence, and misconduct.  Because this is such a common situation, I have written the following blog post to provide you with an overview of steps you should take if a nurse injures you.

If you or a loved one was injured or killed as a result of medical malpractice, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Not all injuries are compensable.  That means that just because you were injured while under a nurse’s care, it does not mean that you will necessarily recover any compensation for your injury.  For example, if you develop a medical condition that requires medication and a nurse administers the medication according to standard protocols, he or she will not likely not be liable if you subsequently have an allergic reaction to the medication if the allergy was previously unknown. To be negligent, a nurse must breach the standard of care due to you, the patient.  That means that he or she must provide a standard of care that fails to meet medical industry standards.  That failure can be due to several different reasons, which I will describe below.

As I mentioned above, “accidents” do happen. Unavoidable accents such as the previously unknown allergy discussed above are pure accidents that occur even though a nurse acts reasonably to meet the accepted standard of care.

“Negligence,” on the other hand, occurs when a nurse fails to meet a standard of care.  Taking the above example, imagine that a nurse did not review your chart, and you had disclosed that you had an allergy to penicillin.  The reasonable standard of care mandates that a nurse checks a patient’s chart before administering a drug; accordingly, his or her failure to notice your disclosed allergy would likely result in a successful negligence claim.  This failure does not have to be intentional, but can simply be an omission that a reasonable nurse would not have made.

“Misconduct” involves voluntary actions on the part of nurses that violate the accepted standard of care. Unfortunately, many medical professionals self-medicate with drugs to deal with the demands of the medical workplace.  The opioid crisis has caught many nurses in its net.  For example, imagine that nurse comes to work while under the influence of either legal opioids or illegal drugs such as cocaine and misreads your chart. Imagine the nurse gives 10 milligrams of a drug instead of .10 milligrams, a dosage mixup that could result in death or serious bodily harm.  That is undoubtedly negligence, but the decision to come to work under the influence was intentional, making the conduct more serious.

The types of nursing negligence I most commonly see are: Administering the wrong dosage of a drug; Hurting a patient with medical equipment; Failing to chart actions taken that affect a patient’s treatment; Failing to notify medical staff of critical changes in a patient’s physical or mental condition; Administering the incorrect drug.

What Should You Do If You or a Loved One Has Been Injured?

If a nurse’s negligence or misconduct injured you or a loved one, you should seek medical attention immediately and contact an experienced personal injury attorney. Barrett Law is experienced in holding medical professionals accountable for any harm they cause. You are entitled to your fair share of compensation for your pain and suffering, work absences, and trauma. Let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Whistleblower Lawyer Discusses Recent Pain Clinic Cases

As I have stated in other blog posts, any fraud or kickback in the medical field implicates the False Claims Act’s whistleblower provisions.  That is because almost every aspect of the medical field receives some government funding. The False Claims Act prohibits any type of fraud against the federal government, so if you are a physician, nurse, or any other kind of medical staff, you may be entitled to a tremendous reward if you successfully notify the federal government of that fraud.  But remember, only the first person who successfully advises the government will receive the 15% to 30% of whatever the government recovers as a result of the whistleblower claim.  If you delay in making your claim or make a claim that fails to catch the U.S. Department of Justice’s attention, you may end up with nothing. I noticed the following medical whistleblower case recently and thought it would resonate with those of you here in Mississippi who are considering bringing fraud in the medical profession to light.

Are you considering becoming a whistleblower? You will need the help of an experienced whistleblower attorney to guide you through the process and to attain your fair share of compensation.  Contact Barrett Law now at (601) 790-1505 to attain the advice you need.

The Facts of the Whistleblower Cases

A chain of Tennessee pain clinics was fraudulently inflating prices and charging Medicare for unnecessary drug tests for years. The fraud ranged into the millions of dollars and would have gone unchecked except for doctors and physician’s assistant that bravely blew the whistle on this conduct. The patients were unaware of the fraud, as the high costs for their tests were borne entirely but U.S. taxpayers.

These medical professionals notified the Department of Justice that the pain centers, National Spine and Pain Centers and Physical Medicine Associates, were unnecessarily charging Medicare for a full panel of drug screens and follow-up screens in situations where the entire panel was unnecessary or where the patient had passed the first drug test. As a result of the whistleblowers, both companies agreed to pay $3 million in fines to settle the case against them.

The False Claim Act prohibits inflating prices, charging for unnecessary services, and providing the government with sub-standard products.  Here, the medical professionals became aware of the government being billed for drug screening tests that were not only unnecessary, but that were being billed at rates four to five times what the real price should have been. Through careful pleading, these whistleblowers were the first to notify the federal government of the price gauging, entitling them to a significant financial reward.

What Should You Do if You are Considering Making a Whistleblower Claim?

Are you a doctor, nurse, physician’s assistant, or other medical professional considering filing a whistleblower case?  While the reward for submitting a successful claim can be significant, you will only receive this sort of award with the help of an experienced whistleblower attorney. The U.S. Department of Justice gets thousands of potential whistleblower claims each year, and only those that meet their requirements and are reported in a way that triggers their interest are acted upon.  Careful pleading and an organized approach to gathering evidence are critical to this process and will require the help of an experienced whistleblower counsel. Contact Barrett Law now at (601) 790-1505.

Experienced whistleblower lawyer Barrett can provide you with the advice you will need to file a successful whistleblower case. Having expert legal advice by your side can mean the difference between receiving your share of a whistleblower reward and losing your career and livelihood. Call us today.

 

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Experienced Mississippi Personal Injury Attorney Explains How to Establish a Doctor-Patient Relationship

If you have received medical treatment lately for any serious medical condition, you have likely not only been seen by your primary care physician but also by a revolving door of specialists.  Were those specialists also your doctor?  The answer to that question, whether a physician-patient relationship is created between a specialist and a patient he or she sees briefly or indirectly, may be essential to subsequent medical malpractice or wrongful death suit.  That is because a negligence claim can only be brought against medical professionals with a legal duty to the patient; only the physician-patient relationship creates that duty.  This is a complex area of the law, so I have written the following blog post to provide greater context.

If you or a loved one was injured or killed as a result of an accident, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

The Physician-Patient Relationship

In any medical malpractice or wrongful death claim against a medical center or physician, several elements must be proven if you hope to be compensated for your injuries.  These elements include that the patient was harmed and that the physician in question caused the harm. One often-overlooked factor is that a physician-patient relationship must exist as well, as if there is no physician-patient relationship, then there is no duty of care and a much steeper uphill climb to proving negligence. Most people assume that they have a physician-patient with every physician that treats them, but this is not the case.  Many medical centers and physicians have been quick to assert that a physician-patient relationship does not exist between the vast majority of physicians that come into contact with a patient throughout his or her medical care. This is especially relevant now that an increasing amount of medical care is provided by nurses, medical assistants, and physician assistants under varying degrees of physician supervision.  Below I discuss the factors that courts consider when analyzing whether a physician-patient privilege exists.

Courts consider many factors when determining whether a physician-patient relationship was created in the course of medical treatment. First, courts usually ask whether the physician in question saw the patient or merely provided consultation or oversight to another medical professional.  Imagine a physician who provides supervision to a physician assistant that provides a patient’s medical care—the physician is unlikely to be considered to have a physician-patient relationship with the patient receiving care.  Second, courts look to whether the physician was able to develop specific knowledge of the patient’s condition from actual contact with the patient, or whether he or she simply reviewed charts and provided consultation.  Finally, courts will look to written documents, physicians’ notes, and the patient’s charts to determine visitation and the level of care.

What Should You Do If You or a Loved One Has Been Injured?

If you or a loved one was injured by a physician or other medical professional’s mal, you must contact an experienced personal injury attorney immediately. Inexperienced counsel may lead you down a dead end where you receive no compensation for your injuries. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury while attaining medical care. Contact us now at (601) 790-1505.

 

 

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Experienced Mississippi Personal Injury Attorney Explains What You Should Do if Your Child Is Injured at Summer Camp?

For some, school is out for the year, and it is about to be summer camp season here in Mississippi. Unfortunately, you do not have to search very hard on the internet to find tragic stories of children who were injured or killed while they should have been having the times of their lives swimming, horseback riding, and exploring the outdoors. Sexual and physical abuse can also occur at summer camps when there are inappropriate or insufficient safety protocols in place. Whether it is an injury, abuse, or neglect, your child should not be harmed while he or she is entrusted to another’s care.

If your child was injured, killed, or abused while at summer camp, you will need to have experienced counsel help you attain your fair share of compensation for his or her injury, counseling, and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

The Negligence Standard in Mississippi

Not all accidents are compensable.  That means that just because something unfortunate happens to your child—she falls off a swing and breaks her arm, he jumps off the top bunk and bumps his head—does not mean that you will receive compensation through the legal system.  You will only win a suit for monetary damages if you can prove that the camp in question was negligent.

Negligence means that a party—here, the camp—had a duty towards your child.  That is easy to prove in this example because if you entrust the care of a child to a camp, they assume the responsibility of the child en loco parentis, or in place of the parent.  You then must show that the camp breached that duty, meaning that it failed to reasonably provide the level of care required to protect the child from injury.  The word “reasonable” is particularly important in this analysis, as a camp does not have a duty to protect your child from all harm, just harm that it is reasonable to protect them from.  An example may help flesh out what “reasonable” means in this context.

All children are allergic to poison ivy, a plant that is rampant here in Mississippi, and that causes a very irritating rash when it comes into contact with skin. A camp would take reasonable steps to protect children from getting poison ivy by warning them about its appearance; it would be unreasonable to expect a camp to remove all poison ivy from its property.  On the other hand, some children have an extreme peanut allergy that can result in death. Accordingly, a camp should have protocols in place that prevent allergic children from receiving peanuts in their meals, should train staff how to prevent peanuts from getting into meals, and should have epi-pens and other medical supplies on hand if those protocols in place. All of those steps make up a reasonable response to a grave threat, and merely warning campers about peanuts would be unreasonable.

Accordingly, camps need to take reasonable steps to protect your child from harm, and the expectations around those steps increase in proportion to the risk at hand.  Because sexual abuse is such a significant risk, numerous, redundant steps should be taken to prevent it, including background checks, training, protocols, and two-deep supervision.  Similarly, falls from horses can result in paralyzing injuries; as a result, trained supervision, certification of instructors, and helmets should always be in place.  For every danger at camp—whether it is archery or bunk beds—there is an expectation that the camp will act reasonably to protect your child from serious harm.

What Should You Do If Your Child Has Been Injured at Summer Camp?

If you or a loved one was injured in at summer camp, you should seek medical attention immediately and contact an experienced personal injury attorney. Inexperienced counsel may lead you down a dead end where you receive no compensation. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys. These are essential tasks that only a personal injury attorney can handle for you.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury. Contact us now at (601) 790-1505. Our seasoned Mississippi Personal Injury is ready to

 

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Experienced Mississippi Personal Injury Attorney Explains Maternal Infections

Giving birth to a child ought to be a miraculous moment; unfortunately, it can instantaneously become a nightmare if a maternal infection threatens the baby or the mother. A “maternal infection” is an exposure to a serious infection that can be passed in utero to an unborn child. Maternal infections can kill either the child or mother and can result in congenital disabilities.  As a personal injury attorney, I have learned the minutiae and nuances maternal infection medical malpractice law.  The fact of the matter is that hospitals are often at fault for failing to prevent infections that can have life-altering and even deadly consequences.  If you or a loved one contracted an infection while giving birth and have suffered as a result, I will meticulously examine your case and attain compensation for medical errors that resulted in your maternal infection.

If you or a loved one was injured or killed as a result of maternal infection, you will need to have experienced counsel help you attain your fair share of compensation for your injury and recovery. Barrett Law has the experience to help you—contact us now at (601) 790-1505.

Maternal Infections

Maternal infections commonly cause congenital disabilities and injuries.  Basically, the mother contracts the infection and passes it on to the unborn child.  Common infections include methicillin-resistant Staphylococcus aureus or MRSA, hepatitis B, toxoplasmosis, urinary tract infections, strep, HIV or AIDS, rubella, and others.  These infections are widely present in many hospitals and are transferred from patient to patient by negligent handling of medical devices, failing to properly sterilize medical devices, and inadequate cleaning and sterilization protocols. Once the mother is exposed, the infection spreads to her unborn child through the uterus and placenta or exposure when the child passes through the birth canal.  Tragically, these infections sometimes result in the death of the child through miscarriage or fatal congenital disabilities. Even when they are not deadly, these infections can cause serious, life-long problems for the child, including blindness, learning disabilities, cerebral palsy, and challenges with motor skills and hearing.

Contracting a maternal infection, while unfortunate, does not necessarily mean that the medical facility or staff were negligent.  These infections exist all around us, and a mother can contract them from many places.  However, a medical center may expose the mother to these infections unnecessarily.  To be proven negligent, the medical facility must fail to meet a reasonable standard of care to the mother and child.  To show that the medical facility has been negligent, a personal injury attorney often has to show that the hospital lacked proper sterilization and device-handling protocols and failed to make changes to address this problem through training and increased scrutiny of practices.  Alternatively, if the medical center or hospital knew that the mother had an infection and failed to treat the infection or alter the birth plan in a way that prevented its spread to the child, they may be negligent for that failure as well.

What Should You Do If You or a Loved One Has Been Injured in a Hospital Setting?

If you or a loved one was injured in a hospital by a maternal infection or any other type of medical negligence, you should seek medical attention immediately and contact an experienced personal injury attorney. Inexperienced counsel may lead you down a dead end where you receive no compensation for the harm you experienced or the long-term harm to your child. Instead, let experienced counsel take care of preserving medical records, attaining expert opinions, reviewing evidence, and dealing with the defendant’s attorneys while you grieve and heal.

Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury. Contact us now at (601) 790-1505.

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