Informed Consent

Doctors must fully inform their patients about the risks involved in any proposed medical procedure, treatment or test. A patient has the right to be informed about the potential risks so that they can decide whether to have the proposed medical procedure, treatment or test. This information must be explained in words that a non-medical person would understand and not just done in writing. The patient must understand these risks as clearly as possible before making their decision. This is what lawyers and doctors term “informed consent.” If a doctor does not get informed consent and a patient is injured the patient may have grounds to sue the doctor for medical malpractice.

Not all risks must be disclosed and the standard for determining whether the risk was important enough to be disclosed can be confusing. Ultimately, it must be proven that the risk was statistically likely enough to have made disclosure worthwhile. In addition, there are times when informed consent is not required, as in emergencies. There may not be time to describe risks involved in a medical procedure that a physician must perform in order to save a life. Medical malpractice law is highly complicated and the law varies from state to state. It is important to involve a highly trained medical malpractice attorney if you suspect your physician was negligent in acquiring your informed consent. Acquiring informed consent is critical to the law of medical malpractice.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

Birth Injuries

Birth injuries occur to a baby when complications arise during the labor or delivery process.  For every 1,000 babies born in the United States, 5 will be injured during birth.  A birth injury can happen because of an obstetrician’s failure to correctly assess or respond to conditions and/or disorders and complications during a woman’s pregnancy or delivery.  For example, a doctor may fail to recognize a disorder like hypertension during a woman’s pregnancy or he may fail to properly assess the babies overall health in the womb.  The use of an improper medical device or the improper use of a medical device such as a vacuum or forceps can cause a birth injury also.  In these cases, a lawsuit will involve a medical malpractice claim against the physician and/or hospital in which the treatment or delivery took place.

Another common birth injury results during pregnancy when a woman has taken a prescription drug, under the guidance of her doctor or pharmacist.  In this case, you may also have a right to legal compensation from the drug manufacturer and/or pharmacist who assisted you with your prescription.

When a baby is born it can be difficult to determine if a newborns injury was due to a birth injury or defect.  One example is Cerebral Palsy, which is commonly an unpreventable birth defect.  It can also be an avoidable birth injury if the child born was not given enough oxygen during labor.

Unfortunately, complications can arise during delivery and pregnancy which result in permanent injury to the baby.  If harm was avoidable, it is important to protect the legal rights of the baby and parents.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

Medical Malpractice Case — “Affidavit of Merit”

Filing a Medical Malpractice Case in Delaware is a complex procedure and it requires the knowledge, skills and experience of a Medical Malpractice Attorney.   Time is of the essence.

Three crucial steps in filing a Medical Malpractice case are: 1. Knowing your state’s Statue of Limitations  2. Filing a Notice of Intent and  3. Filing an Affidavit of Merit.  Both filings are time sensitive and can critically impact your case. Don`t forget to look into this website to find additional info.

Delaware’s Statue of Limitations for Medical Malpractice lawsuits is normally two years, and begins on the date of injury. This is the general rule, although there are exceptions. Title 18 Delaware Code section 6856.

A rule unique to Delaware Medical Malpractice cases allows a plaintiff to toll the Statute of Limitations for 90 days by sending a Notice of Intent to investigate to every potential defendant. This is a crucial step in your case that an attorney undertakes for you.

Another step that is specific to Delaware Medical Malpractice claims is the filing of an Affidavit of Merit. This must be filed in court with the original complaint, when initiating the lawsuit.

An Affidavit of Merit is a confidential document filed in court that certifies that the injury was the result of negligence on the part of the health care professional. The document is completed by another physician, regarded as an expert, who reviews the medical records and attests that the original defendant deviated from the accepted medical practices, which resulted in injuries.

Involvement in a Medical Malpractice claim can be stressful and time consuming. The physician who serves as an expert is compensated for their time and risk involved.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

What Is A Tort?

A Tort is defined as a wrongful act.  Torts are wrongdoings done by one party against another and recognized by law as grounds for a civil lawsuit.  For example, say you are an elderly woman walking on the sidewalk at an outdoor shopping plaza and are hit by a person riding their bike on the plaza’s sidewalk.  Bicycles and skateboards are prohibited for use on the sidewalks. You become the Plaintiff, or injured party and the bicyclist becomes the Defendant or negligent party.  The primary aim of tort law is twofold; to provide relief for the damage or injury incurred and to deter others from committing the same harm. Unlike a criminal case, which is initiated and managed by the State, a tort suit is prosecuted by the Plaintiff.  A successful tort suit results not in a sentence of punishment but in a judgment of liability.  Some types of damages the injured party may recover are; loss of earnings capacity, pain & suffering and payment for medical expenses.

There are numerous specific torts including trespass, assault, medical malpractise, negligence, products liability and intentional infliction of emotional distress.  Torts fall into three general categories:  intentional torts, negligent torts and strict liability.  Tort law is based on the legal premise that individuals are liable for the consequences of their behavior if it results in harm to another.  In addition to providing relief for the injury or damage, tort law aims to deter others from committing the same harm.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

Common Injuries That Form A Basis For A Nursing Home Lawsuit

In this video, I discuss some common issues in nursing homes that may be the basis for a lawsuit in Delaware.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

What to Expect When Filing a Personal Injury Lawsuit

If you are considering filing a Personal Injury lawsuit, it is helpful to understand the stages involved. The following is not intended to be legal advice or an exact process for handling a law suit, but to educate you about the process so you know what to expect

* Choose your lawyer soon after the injury. It is in YOUR best interest to have an objective, experienced counsel from the outset of your lawsuit. The complexity of civil procedure dictates the need to hire an attorney

*  Once you have chosen a lawyer, he will interview you about your accident, your background, medical condition and treatment. Your thoroughness in providing information and honesty in answering questions is essential

*  The lawyer will then gather all medical records, claims, bills and insurance documents related to your accident. Gathering this information can take anywhere from a week to months.

*  Once this information is collected, the attorney will analyze the information and determine if there is a potential case. Personal Injury attorneys work on a contingency basis and are highly skilled at being able to predict outcomes. Then know what is needed to pursue a case.

*  Though settlement can be reached at any time during a lawsuit, at times a settlement can be reached without having to go to trial. A personal injury attorney will submit a figure for settlement after obtaining your consent.

*  If settlement cannot be reached, the attorney will initiate a lawsuit by filing a Complaint on your behalf. The Complaint indicates to the other party (the Defendant) that he is being sued as a result of the accident. The Defendant then seeks his own counsel, who in turns replies with an Answer to each of the allegations. At this point, the case has begun.

*  Discovery occurs next. Both sides have the right to obtain information about the case by means of depositions, interrogatories or medical examination. Facts of the case determine your success or failure. Under the law of Delaware, there are no longer any secrets in personal injury lawsuits.

*  If your lawsuit cannot be settled for a fair amount, after discovery is complete, the attorney will prepare your case and proceed to trial. Formal trial begins with opening arguments. Trial involves the presentation of physical evidence as well as oral testimonies by both sides. These serve to support or discredit the client’s case. Closing arguments to the jury are made at the end of trial.

*  A jury will then deliberate and will issue a final judgement, which if in the Plaintiff’s favor, will involve monetary damages that the Defendant must pay the Plaintiff to compensate for personal injuries. A trial can last anywhere from a day to weeks.

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.  

Takata Airbag Defect : Products Liability

The Takata airbag defect – a new autotomobile products liability issue has drawn the nation’s attention as multiple deaths and severe injuries have been linked to exploding airbags.

The airbag manufacturers, Honda and Takata, may have known about this problem for a decade but failed to do what was necessary to protect consumers by correcting the defect.

Takata airbag systems, like other systems, contain metal inflators located behind the airbag cushions which emit gas during a collision causing the cushion to fill up and deploy.  In order to generate gas, the vehicles’ electronic control unit sends a signal that ignites propellant that it stored within the inflator.

The metal inflator remains intact normally in properly functioning airbags.  In certain defective Takata airbag systems, the inflator itself may rupture upon deployment and eject sharp metal objects that cause serious harm to the car’s occupants.  Think of it as metal shrapnel.

As of 2015, exploding Takata airbags have been linked to dozens of injuries and as many as five deaths.

The total number of recalled vehicles, according to NHTSA, is approximately 7.8 million. Car manufacturers; such as Honda, Mazda, Toyota and BMW began issuing their first recalls in 2013.

On November 6, 2014, the New York Times published an article which gave credence to the thought that this defect had been swept under the rug by Takata executives.

In addition to the defective airbag, Takata changed from using tetrazole to ammonium nitrate in their airbags as a cost saving measure.  Ammonium nitrate is a compound that “tended to disintegrate on storage under widely varying temperature conditions and could produce irregular ballistics consequence.”

Click here to contact us to schedule a free consultation to see if you have a case.

At Hudson & Castle, we approach each case ethically, honorably, and skillfully, beginning with a free consultation, continuing with the convenience of flexible appointments, and finally, charging you nothing unless we win or settle. We also handle cases on behalf of our clients who are Delaware residents but have been injured in nearby Pennsylvania. Please call Hudson & Castle at 302-428-8800 (Monday-Friday, 8:30am- 5:00pm, ET) or contact us, and we will get back to you shortly to discuss your case.