Erin’s Law

Erin Merryn, childhood sexual abuse survivor, author, speaker, child advocate and activist is the founder and President of Erin’s Law, a non-profit social welfare organization in the State of Illinois.  Erin is a survivor of rape by an uncle from the age of 6-8, without her parent’s knowledge.  She is now on a mission to persuade all 50 states to pass Erin’s Law, which mandates all public schools to use age appropriate curricula to teach students how to tell on anyone who touches or attempts to touch their private parts.

The law was originally introduced in her home state of Illinois, in 2011.  The law was named after Erin in honor of her efforts to protect children from sexual abuse.  Once it was signed by legislators, it caught on nationwide.  She has met with dozens of state legislators, testified in front of State Senate and House committees, served on several committees to draft bills and implement the new laws.  Due to her efforts, 26 states have passed Erin’s Law.

According to Erin’s Law.com, every six minutes a child is sexually abused in the United States.  One in every 4 girls and 6 boys will be sexually assaulted before they turn 18.  More than 90% of the assault are from a family member or friend.  Only 1 in 10 sexually abused children ever tell anyone about it.

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.  

Breast Cancer

According to the Center for Disease Control, each year in the United States more than 2000,000 women get breast cancer and more than 40,000 die from the disease.  Other than skin cancer, breast cancer is the most common cancer among American women.  Less than 1 % of breast cancer occurs in men.  Women over the age of 50 are at a greater risk for breast cancer, but about 11% of new cases of breast cancer in the United States occur in women younger than 45 years of age.  Most women who develop breast cancer have no known risk factors and no family history of the disease, though family history does increase your risk for breast cancer.  Symptoms of breast cancer can include changes to the size or shape of your breast, pain in the breast and nipple discharge other than breast milk, including blood.  A new lump in the breast or underarm is a symptom of breast cancer also.  If you have any of these symptoms, contact your doctor immediately.

The United States Preventative Services Task Force recommends a screening mammogram every two years for women 50 to 74 years of age.  Below are other ways you can reduce your risk of breast cancer.

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.  

Uterine Cancer

Uterine fibroids are non-cancerous growths in the uterus. They are very common and can cause symptoms such as heavy or prolonged menstrual bleeding, pelvic cramps and frequent urination.  If these symptoms are severe enough, a woman may opt for treatment or removal of the uterine fibroids via hysterectomy or laparoscopic surgery. Though both of these surgical procedures remove uterine fibroids and require an incision in the lower abdomen, laparoscopic surgery uses smaller incisions and requires that the fibroid or uterine tissue be broken down into smaller pieces prior to removal.  Laparoscopic surgery is marketed as being more cost effective, less invasive than an open abdominal hysterectomy and promises a shorter recovery time for the patient.

Until recently, power morcellators, a surgical tool manufactured by Johnson & Johnson, were used to break up the fibroids and uterine tissue intrauterinely prior to laparoscopic removal. After public debate and an FDA investigation Johnson & Johnson, the manufacturers of the surgical tool, pulled the device from hospitals as early July 2014. At one time it was estimated that only 1 in 10,000 women with uterine fibroids were at risk for actually having uterine sarcoma, but after a high profile case in Boston in 2014, the FDA has said that women undergoing surgery for fibroids have a 1 in 350 risk that the growths are actually cancerous.  The process of using this tool to break up fibroid or uterine tissue before removing it laparoscopically has been found to inadvertently spread unknown malignancies and other disease tissue throughout the body.  Before pulling the tool from hospitals, the FDA estimated that it was being used in 50,000 hysterectomies a year not including use during the removal of fibroids.

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.  

da Vinci Surgical System

The da Vinci Surgical System is a sophisticated robotic platform designed to expand the surgeon’s capabilities and offer a state-of-the-art minimally invasive option for major surgery. The robot typically costs about $1.5 million and issued in more than 1,300 hospitals nationwide.  With the da Vinci Surgical System, surgeons operate through just a few small incisions. The da Vinci System features a magnified 3D high-definition vision system and tiny wristed instruments that bend and rotate far greater than the human wrist. As a result, da Vinci enables your surgeon to operate with enhanced vision, precision and control.

Minimally invasive da Vinci Surgery uses the latest in surgical and robotics technologies.  It is typically used in cancer surgery, hysterectomies and gallbladder removals.  Although it is called a robot, the surgeon is 100% in control of the da Vinci System.  The da Vinci System has brought minimally invasive surgery to more than 2.5 million patients worldwide.

In 2013, the FDA warned the da Vinci manufacturer, Intuitive, about robot safety.  The main warning regarding a potential defect in the robot’s surgical scissors.  According to Bloomberg reports, at this time, the company lost about $6 billion in value.   The company also received waring letters from the FDA criticizing the company’s safety-notification process.  An FDA inspection in April and May of 2013 uncovered a number of deficiencies, including a failure to adequately report device corrections.

Intuitive took corrective actions and in April, 2014 an FDA compliance officer informed them that the company’s corrective actions in response to the FDA’s warnings were adequate.  As of March 31, 2014 da Vinci systems installed throughout the United States rose to 2116.  The number of surgeries rose from roughly 367,000 in 2012 to 422,000 in 2013.

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.  

GOVERNMENT INVESTIGATING NURSING HOME CULPABILITY FOR COVID-19 (CORONA VIRUS) INFECTIONS

Update: Genesis in Milford, DE has “Dozens of COVID-19 cases” according to Delaware State News (4/15/20). According to the article, 55 residents and 13 employees have tested positive for the disease. https://delawarestatenews.net/coronavirus/report-dozens-of-covid-19-cases-at-genesis-care-center-in-milford/

The Centers for Medicare and Medicaid (“CMS”) has already begun its investigation of nursing homes for violations related to the handling of COVID-19 (Corona Virus).

We have recognized that nursing homes and assisted living facilities have for years been understaffed: including under-payment of employees or not having enough on the schedule. Their corporate greed has led to injuries to their residents and patients in the past. This has been the perfect storm brewing for some time.

With the onset of COVID-19 (Corona Virus), these issues have come to the forefront of the nation and now the federal government is taking a harder look.

Nursing homes and assisted living facilities are required to have sufficient staff based on a ratio of the acuity of the patients, meaning the level of care required for the patient.  This is known as Eagle’s law.  Essentially, the more care a resident needs according to their individual care plan then the more staff a nursing home is required to have.  If the nursing home has many residents that require a higher level of care then the staffing ratio needs to be lower.  This is because each staff member is able to take care of fewer more complicated residents then they could if the residents were less complicated.

In addition, nursing homes are required to have policies and procedures in place to reduce the risk and spread of infection to their residents.  Having the policies and procedures is not enough.  Nursing homes and their staff must also follow their procedures.

Nursing homes are also required to have supplies on hand to deal with an outbreak of infection if one occurs.

Our history of handling nursing home cases in Delaware has demonstrated time and time again that nursing homes cut corners in order to increase their profit margins.  It is unfortunate that it took COVID-19 (Corona Virus) for a more serious investigation, but it is fortunate that the federal government is now investigating.

Here is an article addressing the issues further: https://www.webmd.com/lung/news/20200410/covid-19-shows-gaps-in-controls-at-nursing-homes?ecd=wnl_spr_041120

If you or a loved one has fallen victim to nursing home abuse or neglect, or became infected with COVID-19 (Corona Virus) while in a nursing home please call us to see if you have a case – (302) 428-8800.

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.  

Expert Witness

In most states, medical malpractice cases require testimony from a medical expert.  In the state of Delaware, the medical expert’s testimony is submitted in the Affidavit of Merit which must be filed in court with the original complaint, when initiating the lawsuit.

A medical expert will address two questions central to any medical malpractice case:

  • Did the doctor follow the standard of care for a doctor in the same position?
  • Did the doctor’s failure to follow the standard of care injure the patient?

The term standard of care means, the level of care that a reasonable, competent doctor would have given in the situation at issue in the case.  The expert witness will give testimony as to whether the doctor being sued administered that standard of care.  If the expert witness testifies that the doctor did not live up to the standard of care, he must also testify that the negligence of the doctor more than likely caused the patient’s injury.

It varies from state to state who may testify as a medical expert.  If the case involves malpractice within a specialized field, it is wise to find an expert witness within that field.  In the case of general medicine, a wider range of doctors who have the experience and training necessary to qualify as an expert witness are available.

Medical malpractice law is highly regulated by a complex body of rules that vary from state to state.  It is essential to get advice from a lawyer who is highly trained in 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.  

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.