California Medical Malpractice Law Blog

This past week a $1.8 million medical malpractice award was made to the family of a girl who suffered a birth injury. According to Omaha News, the girl’s left arm is “effectively paralyzed” after suffering ripped and ruptured nerves during her June 2008 delivery. Her birth injury – called shoulder dystocia – occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone. When not correctly resolved, the situation can lead to a brachial plexus injury or a brain injury due to a lack of oxygen or blood flow. The birth injury may lead to developmental delay, including mental retardation and cerebral palsy. In certain situations, the failure to treat shoulder dystocia correctly or to prevent the condition from occurring where warning signs are presents may constitute medical malpractice.

If you believe your child has suffered a birth injury such as shoulder dystocia as the result of medical malpractice, it is important to speak to a knowledgeable California birth injury lawyer who can answer your birth injury questions and provide critical guidance concerning your next steps.

According to evidence presented in the case, the infant involved in the case, Chaylee, was large. During the delivery, the doctor unnecessarily used a vacuum to help Chaylee through the birth canal. When Chaylee became stuck, the doctor then pulled on the baby’s head, causing serve nerve damage and rendering Chaylee’s left arm nearly useless.

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At a Society for Neuroscience meeting this past week, researchers reported new evidence concerning premature infant brain injuries and why they are so common, along with strategies to prevent and in some cases, repair the brain damage. Researchers hope that this information will be used to reduce the number of premature infant injuries that lead to the development of epilepsy, cerebral palsy and behavioral disorders such as ADHD.

Because of advances in neonatal medicine, the number of premature babies surviving has increased over the last decade. Although in many instances a premature delivery cannot be prevented, other times known factors exists that a doctor can identify to predict a premature baby. A failure to diagnose these factors or misdiagnose them can lead to an unnecessary premature birth. In either situation, proper medical procedures need to be followed to ensure the baby does not suffer harm as the result of an early delivery. The failure of a doctor, nurse or other health care professional to take appropriate action may constitute medical malpractice. If you believe your child was born prematurely and suffered harm, it is important to consult with an experienced California birth injury lawyer to evaluate the circumstances and provide you advice concerning your next steps.

Unfortunately, one of the consequences of a premature birth is infant brain damage. While deaths of prematurely born infants has decreased, the incidence of brain damage remains high. In fact, as stated by the chief of neonatology at the University of San Francisco, David Rowitch, the “overall rates of cerebral palsy and other neurodevelopmental disabilities are on the rise.” Rowitch explains “The most common cause of brain injury in premature infants is a lack of oxygen in the days and weeks after birth … the lack of oxygen damages white matter, which provides the ‘communication highways’ that carry messages around the brain to distant parts of the body.”

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In response to weeks of protests, the public database containing information about individual doctor's records of medical malpractice and disciplinary history has reopened. The National Practicioner Data Bank's public use file is now back on line, although with some significant new limitations. Now, anyone using the public files - such as journalists - must agree in advance not to share the data obtained or use anonymous information to identify individual doctors. Critics believe such a caveat is unworkable and exceeds the legal authority of the Health and Human services agency overseeing the Data Bank.

Currently, the data bank contains "anonymous" information about doctors who commit medical malpractice, such as individuals responsible for causing birth injuries. The information was taken off line after learning that it was possible to identify dangerous doctors from data bank information. However, determining which doctors place patients in harms way and commit medical errors is a significant pubic benefit.

As stated by a patient safety advocate, "The exclusion from access by reporters doing important investigative work..is unacceptable…Reporters will now have to agree to forgo this important, painstaking research they have previously done to bring more information to people about their doctors." For years, journalists have used the public database to help identify doctors who have long histories of medical malpractice and push for reforms and actions by state medical licensing boards. In fact, reports indicate that several California doctors with lengthy histories of medical negligence have not been disciplined by the state licensing board, allowing these doctors to continue practicing and putting patients at risk.

Exposing doctors who continue to practice despite a history of medical errors is a great benefit to patients and their families when choosing a doctor.

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A new brain damage study out of the University School of Medicine in St. Louis reveals that researchers have identified a protein that may help babies who suffer brain injuries after the brain in deprived of oxygen and blood flow. Often these babies develop cerebral palsy as the result of this birth injury. Researchers have determined that high levels of a protective protein - Nmnat1 - substantially reduces the damage that occurs.

Symptoms of cerebral palsy can cognitive difficulties such as the inability the think and learn, as well as physical challenges such as the loss of movement or uncontrolled movement, trouble walking and difficulties related to other functions of the nervous system. If your child has been diagnosed with cerebral palsy of you feel he or she may have it, medical malpractice may have led to the condition. Consulting with a California birth injury attorney is important in order to determine your next steps.

As reported in the Proceeding of the National Academy of Sciences:

“Under normal circumstances, the brain can handle a temporary disruption of either oxygen or blood flow during birth, but when they occur together and for long enough, long-term disability and death can result…If we can use drugs to trigger the same protective pathway as Nmnat1, it may be possible to prevent brain damage that occurs from these conditions…”

Because cerebral palsy has been attributed to brain injury due to inadequate oxygen and blood flow to the brain before, during or soon after birth, researchers wanted to see whether the same injuries occurred in the presence of increased levels of the protein.

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