California Medical Malpractice Law Blog

A recent report details a lesser-known birth injury that is more common than previously thought, in part due to underreporting by the medical profession. Kernicterus is a birth injury caused by severe jaundice. Some of the initial symptoms include unusual sleepiness, lack of appetite and an unnatural skin color. Left undetected, kernicterus can cause devastating effects including severe brain damage. In order to avoid brain trauma, it is essential that jaundice be detected and treated immediately. The effects of kernicterus are irreversible and may include such debilitating effects as brain damage, cerebral palsy and speech, hearing and vision difficulties.

As stated in P.I.C.K., a website designed for families of children with this birth injury, kernicterus is preventable. Often, the signs of jaundice are present and a pediatrician following the requisite standard of care can take certain actions to prevent an infant from developing this potentially debilitating birth complication. If you believe that your infant developed kernicterus as the result of a medical mistake during labor and delivery, it is important to speak to an experienced California medical malpractice lawyer as soon as possible to answer your birth injury questions and determine your next steps.

When a child is born who has signs of jaundice, certain preventative actions exist that may decrease or eliminate the risk of your child developing kernicterus. Examples of preventative actions include testing the bilirubin level of the baby. Bilirubin is a substance contained in the blood. If its levels become too high, it can cause significant damage by spreading into the tissues of the brain. When medical staff fails to recognize the signs of jaundice or delay taking action, they may be guilty of medical malpractice.

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A recent article published in the December 6 edition of Neurology concludes that infants born with a very low birth weight continue to have cognitive delays as young adults. Such difficulties including reduced cognitive function including overall intelligence, speech impairment, memory deficiencies and difficulty switching between thoughts. Based on the study, the authors determined that the plasticity of the brain cannot fully compensate for early brain injuries.

While in some instances a birth injury is unavoidable, in other situations a physician or other health care provider fails to follow the requisite standard of care and makes mistakes that may affect a child’s life forever. Where medical personnel is found liable for medical malpractice, it may be possible to recover compensation to help relieve the financial stress and costs of treatment, and to insure your child receives the best care now and into the future. If you believe your child has suffered a birth injury as the result of medical malpractice, it is important to speak with an experienced California birth injury attorney as soon as possible to determine your next steps.

According to the study, injuries that occur early on in development may alter the structure and function of cells and organ function, which then alter subsequent development including cognitive development. Although in some cases the brain’s neuroplasticity – the brain’s ability to make new connections – can recover from certain types of brain damage, it appears that in babies born with very low birth weight have specific abnormalities that cannot change. As stated in the findings “the consequences of lower neurocognitive functions in adulthood range from reduced education attainment and income to higher rates of chronic disease, a less healthy lifestyle, and higher all-cause mortality.”

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A recent premature birth study released in the Journal of the American Medical Association (JAMA) reveals that giving steroids to women at risk for delivering preterm increases an infant’s overall chance of survival and reduces a baby’s risk of birth complications, including brain injuries. Babies born earlier than 37 weeks into gestation are considered premature and often face considerable health risks.

In some cases, a birth injury is related to a preterm delivery and may be caused by the negligence of a health care provider. In some instances, known factors may exist that predict a premature baby and may be resolved by taking specific actions. Failing to take those actions or misdiagnosing certain symptoms can lead to an unnecessary premature birth. Further, in situations where a premature birth cannot be avoided, taking certain actions following the delivery of an infant can lead to a better long-term result. In both of these situations if medical personnel fails to follow the accepted standard of care, an infant may suffer unnecessary harm and the health care professional may be found liable for medical malpractice. If you believe your infant suffered a birth injury as the result of a physician mistake, it is important to consult with an experienced California medical malpractice lawyer to evaluate your premature delivery injury claim.

The recent study provides good news for those whose risk is assessed early on for pre-term delivery. Although guidelines currently exist for women at risk for delivering from 24-34 weeks, little information has been available for those who show signs of labor before week 24. The current study now provides that “When given as early as 23 weeks, prenatal or antenatal steroids reduce an infant’s risk of death and important developmental issues.” As stated by an author of the study “Thee is a huge potential to increase the use of prenatal steroids…Mothers need to know that there is a lot that physicians can do to improve the outcome for these babies.”

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The Contra Costa Times reports that L.A. County is expected to settle a medical malpractice lawsuit this week. The birth injury lawsuit alleges that physicians and staff at County Harbor-UCLA Medical Center failed to perform an emergency cesarean section after a pregnant woman showed signs of fetal distress. The infant was later diagnosed with neurological injuries allegedly resulting from the delay in delivery. It is anticipated that the county will settle the lawsuit for $2.8 million.

Nothing is more heartbreaking to parents than having their child born with a birth injury, especially when due to medical malpractice. While not every bad outcome is the result of medical malpractice, when a doctor, nurse or hospital staff fails to follow the requisite standard of care, the medical personnel may be guilty of medical negligence and held liable for causing harm. For example, in certain instances it may be possible to avoid an injury by following an established protocol, such as acting quickly to resolve a known risk.

One common situation in which birth injuries occur is when an infant is in fetal distress and suffers oxygen deprivation. The failure to act quickly to resolve the situation such as by performing an emergency c-section can lead to a brain injury such as cerebral palsy. The incorrect use of forceps may also bring this condition about.

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