California Medical Malpractice Law Blog

A recent tragic birth injury story reported on the life and death of a young boy from Florida. The boy died just days before his 3rd birthday as the result of a brain injury suffered at birth. According to reports, the boy was born at home with a midwife. During the delivery process, the mother began bleeding profusely and suffered a “placental abruption.” The midwife failed to call an ambulance or take the mother to the hospital. The child was born with a permanent brain injury and was unable to crawl, walk or talk during the time he survived.

As with any health care professional, midwives are expected to comply with a particular standard of care for the profession. When the failure to follow these standards results in harm, a midwife or other medical professional may be found responsible for medical malpractice. If you have questions about birth injuries or believe your child may half suffered due to the actions – or inaction – of a midwife it’s a good idea to consult with an experienced California birth injury lawyer right away. A knowledgeable California medical malpractice attorney can begin an investigation into all of the factors that may have caused or contributed to a birth trauma and help ensure your family gets the help it deserves.

Continue reading "Mid-Wife May Be Found Liable For Medical Malpractice" »

Brachial plexus injuries are lesser known, yet fairly common birth injuries. Also known as Erb's Palsy, brachial plexus injuries are generally the result of the stretching of the nerves around the shoulder during birth, leading to paralysis or weakness in the arm. In these types of injuries, the bundle of nerves that travel from the spine through the shoulder are damaged, either by being stretched or severed. Brachial plexus injuries can be caused by extreme force being applied through the pulling of a newborn's arm or head during birth. In the case of a breech delivery, pressure on raised shoulders can also bring about this birth injury.

There are a number of risk factors linked to brachial plexus injuries including having a large baby, previous births where a brachial plexus injury occurred, slow dilation and gestational diabetes. While not all instances of brachial plexus injuries result from a medical error, many times this type of injury is preventable and is caused by excessive force used by the health care provider who delivered the baby.

Where the injury occurs as the result of medical malpractice, it may be possible to file a personal injury lawsuit. By filing a birth injury or medical malpractice lawsuit, you may be able to recover compensation to pay for medical expenses, including therapy, as well as other damages. For more information or if you believe your infant may have suffered a birth injury as the result of a medical error at birth, it’s a good idea to speak to a knowledgeable California birth injury lawyer right away.

Continue reading "University Researching New Ways To Help Infants Who Suffer Brachial Plexus Injuries " »

The month of March is dedicated to brain injury awareness. While most people are aware of the effects of brain injuries, often the causes, treatment options and severity of impact over a lifetime are not fully appreciated.

The type of brain injury an individual receives significantly impacts all of these factors. Two broad categories of brain injuries exist: 1) Those that occur before or during birth and 2) those that occur later on (such as the result of a car accident, sports injury (concussion) or other blunt types of force.

Brain injuries that occur at the time of birth often significantly affect the cognitive, developmental and emotional development of an individual for his or her entire life. Examples of these types of brain injuries include oxygen deprivation (hypoxic ischemic events (HIE’s)). When a baby’s brain is deprived of oxygen before or during the birthing process, serious delays may result. Often, children who experience HIE’s develop cerebral palsy, a lifelong condition requiring a lifetime of care. Where the brain injury is the result of medical malpractice, it may be possible to file a California birth injury lawsuit and recover damages to help pay for often insurmountable medical bills. If you believe your child may have suffered a brain injury at birth, it is important to consult with an experienced California birth injury attorney right away.

Other types of brain injuries include those that occur as the result of an injury accident. It may be difficult to discern just how serious a blow to the head is initially. TBI are notoriously hard to detect – individuals injured may not realize they have suffered a brain injury until days or even weeks after a hit occurs. Symptoms include dizziness, blurred vision, headaches and mood changes. Left untreated, the effect and For example, birth trauma that results in a brain injury can have a lasting and severe impact on the individual.

Continue reading "Short-term and Long-term Effects Of Brain Injuries Focus Of “Brain Injury Awareness” Month" »

News reports that a couple has just filed a birth injury lawsuit as the result of alleged medical malpractice. According to the personal injury case, the mother and child suffered injuries during a difficult labor and delivery. The suit alleges that two individual doctors made a series of medical mistakes during a C-section that led to the injuries.

If you believe that your child may have suffered a birth injury as the result of medical malpractice, it is critical that you contact a California birth injury attorney right away. An experienced personal injury attorney can begin an investigation into the circumstances surrounding an incident. Where it is determined that medical negligence led to harm, it may be possible to recover compensation for your injures.

In this instance, it is alleged that the baby’s head was cut while the physicians were performing the C-Section. These type of injuries may occur when physicians fail to follow the appropriate protocols, such as when they are in a hurry or under emergency conditions. Although hospitals try to prevent these mistakes from occurring, doctors still make errors, leading to injuries. In fact, fetal lacerations are not uncommon during C-sections.

Here, the family asserts that the baby’s face suffered a 1.5 cm cut to his temple, requiring stitches.

Studies have shown that cuts such as these may have long term-consequences, including bone fractures and facial nerve palsy. Scars that begin small, may grow significantly.

Continue reading "Birth Injury Lawsuit Filed After Infant's Head Is Cut During C-Section" »

While most deliveries go smoothly, when birth traumas due occur they often involve a “hypoxic ischemic event, (HIE) ” also call birth asphyxia. An HIE occurs when a baby is deprived of oxygen during the labor and delivery process. The longer an infant’s brain is deprived of oxygen, the more likely it is that he or she will sustain a birth injury.

The types of injuries that result include but are not limited to mental retardation, cerebral palsy, epilepsy, as well as many other development and learning disabilities.

A number of reasons may lead to a hypoxic ischemic event and a birth injury, including medical malpractice. If physicians or other staff fail to act quickly enough to restore the flow of oxygen, such as by performing an emergency c-section, they may be found responsible for causing the birth trauma and liable for damages. As the result of birth asphyxia or HIE, a baby may have severe and long-term neurological damage.

If you believe that your child may have suffered a birth injury as the result of a medical mistake or error during delivery, it’s important to consult with an experienced California birth injury attorney right away. A skilled San Francisco medical malpractice lawyer can begin an investigation into the circumstances surrounding your child’s birth. Where medical malpractice has caused an injury, it may be possible to recovery compensation to pay for a lifetime of care.

Fortunately, many hospitals around the country have begun using “cooling therapy,” a technique designed to reduce the severity of birth injuries – including cerebral palsy – follow oxygen deprivation is cooling therapy.

Continue reading "Brain Cooling May Help Lessen The Effects Of Birth Injuries" »

A recent study published in the on-line version of the journal Pediatrics concluded that in utero oxygen deprivation may be associated with the development of attention-deficit/hyperactivity disorder (ADHD) later in life. Further, the study also found a link between those children exposed to preeclampsia had a 34% greater risk of developing ADHD. Children who suffered birth asphyxia (where a fetus is deprived of sufficient oxygen) were 26% more likely to develop ADHD than those who suffered no birth trauma.

"Any finding that deals with brain development is very important," said the lead author of the study, noting that the results could help clinicians to better identify at-risk newborns who could benefit from surveillance and early diagnosis "when treatment is more effective." He further noted "Our findings showed that certain acute as well as chronic conditions are associated with this increased risk of ADHD later in life."

If you believe your child suffered a birth trauma it is important to seek the guidance of a skilled California birth injury lawyer right away. Although most obstetricians, pediatricians, doctors, nurses and other hospital staff perform admirably, in some instances a health care professional may be negligent in the care they provide. When inadequate, careless or reckless actions of a health care worker leads to a birth injury or trauma, it may be possible to file a medical malpractice action.

In certain situations, it may be possible to obtain compensation to help relieve the financial strain and the costs of treatment, and to ensure that your newborn child receives the best quality care and attention. A trusted California birth injury lawyer can work with you to fully answer your questions and discuss how to seek compensation through civil court for the short and long-term repercussions of the birth injury.

Continue reading "In Utero Oxygen Deprivation Linked To ADHD" »

A recent study conducted by the Premier Health Care Alliance concluded that those hospitals that adopt a host of perinatal best practices as part of the Premier Perinatal Safety Initiative were able to significantly reduce the number of birth injuries occurring at their hospitals, as well as lowering hospital costs and legal liability. By following the suggested practices, the number of traumatic birth experiences that can profoundly affect both patients and hospital staff declined anywhere from 5.4% to 25%.

Birth injury statistics provide that adverse events occur in nearly 9% of all deliveries. Of these 30% are avoidable medical errors, with poor communication cited as the leading cause of avoidable adverse events.

Where a hospital, doctor or other health care professional fails to follow the proper standard of care – or makes a medical error as the result of carelessness or recklessness – and a patient is harmed, it may be possible to bring a medical malpractice action. If you believe your child may have suffered a birth injury due to medical malpractice, it’s important to consult with an experienced California birth injury attorney right away.

Although many different types of birth injuries exist, some of the more common birth traumas include:

• Birth Hypoxia/Asphyxia. The loss of oxygen or blood follow can lead to permanent neurologic disability such as cerebral palsy.

• Brachial Plexus Injuries

• Jaundice

The report – the Premier Perinatal Safety Initiative – was launched to evaluate “preventable harm” that occurs during the birth of a child – particularly where a difficult delivery is involved. The study then identified a handful of practices that when adopted by hospitals and medical staff reduced the number of medical errors and improved the outcome for patients.

Continue reading "Adopting Safety Measures Can Significantly Reduce Birth Injuries" »

A recent California medical malpractice case underscores the costly effects of errors in the delivery room and the potential lifelong consequences of medical malpractice.

The birth injury lawsuit was filed in the Central District of California and alleges that a doctor’s improper use of vacuum extraction caused a newborn to suffer brain damage. As a result of the birth injury, the child now suffers permanent disabilities.

If you believe that your child may have suffered a birth injury, it’s important to consult with a California birth injury law firm that has a proven history of representing individuals and families affected by birth trauma. By working with the top California birth injury lawyers you may be able to recover the compensation necessary to provide a lifetime of care.

According to the recent medical malpractice case, the infant’s mother was admitted to the hospital showing signs of labor. For several hours, the labor progressed as normal but when it came time to push, the infant showed signs of fetal distress including a fetal heart rate indicating a “persistent non-reassuring pattern.” The labor stopped progressing and doctors determined a c-section was necessary.

Obstetricians, pediatricians, doctors, nurses, pharmacists and other health care professionals all receive extensive training in their professions. They are given the responsibility to improve the health of their patients, and follow specific protocols in treatment. Most perform admirably. Even well-intended and experienced medical professionals can make mistakes, become careless or fail to take the correct action under strain or pressure. In some cases, even economic pressures can lead to shortcuts in treatment that can have disastrous effects.

Continue reading "Errors During Labor And Delivery Can Lead To Serious Birth Injuries" »

While the majority of doctors provide excellent care, occasionally difficulties arise and during labor and delivery, causing an infant to suffer a birth injury. Although in some situations, a poor outcome may be unavoidable, other times a birth trauma may be the result of a preventable medical error or medical malpractice. For parents facing this difficult situation, it may be nearly impossible to determine the factors that may have resulted in a particular outcome, especially during a time where there may be significant confusion, sadness and grief. If your child has suffered a birth injury, it is critical to talk to a knowledgeable California birth injury lawyer to help determine your next steps.

Further, while in some situations a birth injury is immediately apparent at birth, other times it may take a year or more until you are fully aware of the extent of an injury. For example, while you may be aware that your infant suffered a lack of oxygen or other trauma during birth, how this affects your child’s development may not be known for several years. Symptoms of cerebral palsy, a condition that has been linked to birth trauma and a lack of oxygen to the brain of a newborn, may not show until your child is 2 or 3.

Symptoms of cerebral palsy can include loss of movement or other functions related to the nervous system. It affects brain development and can cause abnormal hearing and eyesight as well as cognitive difficulties such as the ability to think and learn. It may also manifest as uncontrolled movement of the limbs, troubles in being able to walk, abnormal posture and trouble with balance and coordination.

Where a physician, nurse or other hospital staff failed to act in accordance with the appropriate "standard of care" for a particular situation, and harm occurred, they may be held responsible for medical malpractice and be liable for damages.

Parents should not try to diagnose a birth injury on their own. A trusted and experienced physician should be consulted with to make a determination concerning your baby's health. In the event that your infant did, in fact, suffer a birth injury, a California birth injury lawyer from Bostwick & Peterson LLP should be retained to seek justice for what was done to your baby.

Continue reading "How Do I Know If My Child’s Birth Injury Was Caused By Malpractice?" »

While often the signs that you child has suffered a birth injury may be readily apparent, other times signs that a trauma occurred will not be seen until your child starts to develop. Recognizing birth injuries as soon as possible after they have happened is critical to helping your child obtain the help he or she needs and potentially lessening the severity of a birth trauma.

Some birth injuries such as Erb’s palsy and cerebral palsy may require a lifetime of medical care. This may include specialized medical equipment for the home, different types of speech and physical therapy, ongoing medical care, in-home nursing assistance and more. Where a birth injury is caused as the result of a medical error or medical malpractice, it may be possible to recover compensation for the harm caused. Speaking to an experienced California birth injury law firm right away is important to determine your next steps and answer your birth injury questions.

If you are concerned that your child may have suffered a birth injury, there are a number of clues or signs to look for.

These include the following:

• Noticeable injuries such as cuts and bruises
• Difficulty breathing/need for resuscitation
• Bluish skin
• Seizures
• Use of a cool cap
• Prolonged hospitalization

Continue reading "Signs That Your Child May Have Suffered A Birth Injury" »

Missouri has become the latest state to determine that medical malpractice caps are unconstitutional. At issue, Missouri’s $350,000 limit on the amount that may be awarded for pain and suffering in medical malpractice cases. Caps are often part of “tort reform” efforts that seek to reduce the amount of medical malpractice payouts, and supposedly decrease health care costs. However, little to no evidence supports this theory. In fact, an American Association for Justice study concludes that caps only benefit insurance companies who “profit in states with caps, while doctors’ malpractice and patients’ health insurance premiums continue to increase.”

Further, the result of strict caps has been to make it nearly cost prohibitive for individuals with out substantial economic damages – such as the elderly, children and non-working adults – to recover adequate compensation for their injuries.

The Missouri case, Watts v. Cox Medical Center involved a birth injury lawsuit that was filed as the result of a delay in delivery. According to the lawsuit, the infant child was born with catastrophic brain injuries after hospital staff failed to act quickly to perform an emergency c-section. A jury awarded the family nearly $5 in damages. However, the total award was reduced due to Missouri’s medical malpractice limitation.

Upon review, the Missouri Supreme Court struck down this law, stating that it violates a patient’s right to a jury trial. Specifically, in a 4-3 decision, the court found that the cap “infringes on the jury's constitutionally protected purpose of determining the amount of damages sustained by an injured party, in cases involving medical errors." Chief Justice Richard B. Teitelman added that the decision “ensures that [the child] will receive the benefit of the jury's award for future medical care."

Continue reading "Medical Malpractice Caps Struck Down" »

Legal news reports that a Texas couple has filed a medical malpractice lawsuit based on a birth injury their daughter allegedly suffered during delivery. A medical malpractice lawsuit may be filed where a hospital, physician or other medical staff fails to act according to the requisite “standard of care.” Where this failure leads to harm, the individual or hospital may held responsible and be required to pay damages to the patient harmed, as well as his or her family in certain instances. In the situation of a birth injury, this may include significant amounts in order to pay for a lifetime of care and medical expenses. If you believe your child has suffered a birth injury or you have been harmed by medical malpractice, it is important to seek the advice of an experienced California medical malpractice lawyer right away. Understanding your next steps where you have received negligent medical care is crucial to securing your future.

Here, according to the negligence complaint, the mother came to a West Virginia hospital and reported suspected leakage of amniotic fluid. She was admitted to the hospital and immediately placed on fetal monitoring. The monitoring revealed moderate variability and sufficient accelerations. The mother was discharged with instructions to come back in two days for a scheduled induction. When she came back, the mother complained of decreased fetal movement. She was then given pitocin. Fetal monitoring showed late decelerations. The baby’s condition worsened and when she was delivered she had no heart rate, no respirations, was limp with no spontaneous movement and exhibited poor color. She was diagnosed as having suffered hypoxic ischemic encephalopathy and was in critical condition.

The child was discharged from the hospital two weeks following her birth and continues to required significant therapy. She is also neurologically delayed, showing deficits in her physical and speech therapy and remains under the care of doctors and therapists.

The lawsuit claims that the hospital negligently failed to monitor the mother’s labor; negligently failed to provide qualified physicians and medical staff to properly examine and monitor the mother during labor; and negligently failed to timely and properly read the findings of the fetal heart monitor tracings.

Continue reading "Birth Injury Lawsuit Filed For Failure To Properly Monitor Labor" »

A recent medical malpractice article written by California Watch stresses the importance of revising California’s medical malpractice law, a law that has been in effect since 1975 and curtails the ability of many people injured by medical malpractice, including birth injuries, to recover compensation for his or her harm. The Medical Injury Compensation Reform Act (MICRA), “caps” or limits the amount of non-economic damages an individual can recover to $250,000. Where the bulk of a person’s recovery comes from non-economic damages – such as is the case with children, the elderly, and non-working adults - this may make the cost of bringing a medical malpractice or birth injury lawsuit economically infeasible.

If you believe you or a love one has suffered an injury as the result of medical malpractice, or suffered a birth injury, it’s important to speak to an experienced California birth injury law firm to ensure you obtain the compensation you deserve.

Here, the question of MICRA is at the forefront of another legal after the family of a San Francisco man who died following a surgery has appealed the reduction of a damage award.

In the San Francisco case, an anesthesiologist was found partially liable for the death of 63-year-old attorney Gary Gavello. After the operation, Bernard Millman, the anesthesiologist, ordered post-operation drugs and left Gavello with a nurse and nursing assistant before he awoke from the medication. At some point after that Gavello stopped breathing. Further, a cosmetic surgeon involved in Gavello’s care was also found to have responded improperly to Gavello's respiratory condition.

The jury awarded Gavello’s wife and three children about $2.9 million in economic damages related to his lost wages, plus an additional $1 million for their emotional loss. However, this amount was reduced to just $50,000 based on an arbitration agreement and the fact that the jury found Millman only 20% responsible for the harm. As a result, “a mother and three sons suffered the death of their husband and father due to medical malpractice and under the statute as it was applied by the trial judge, these four individuals received ... $12,500 each for the (emotional) loss of their husband or father."

Continue reading "Medical Malpractice Lawsuit Questions MICRA's Fairness" »

The Los Angeles Times is reporting that the number of infant deaths in California have hit a record low, with the rate of death decreasing from 4.9 per 1000 live births in 2009 to 4.7 deaths per 1000 live births in 2010. The infant death rate for 2011 is not yet available. Despite the good news, racial disparities persist. In fact, although the greatest improvements were seen in increased survival rates of black infants (an improvement from a death rate of 10.6 in 2009 to 9.5 in 2010), the rate of death continues to be much higher.

One of the factors cited as a reason for the decline in mortality is the decrease in women giving birth prematurely.

If a baby is born earlier than 37 weeks into gestation, they are considered premature and there can be considerable health risks to the newborn as a consequence. Although in some situations a birth injury may not be avoided other times a birth injury may be is related to a premature delivery and it is caused by the negligent actions of a health care provider. There are known factors that a doctor can look for to predict a premature baby. Failure to diagnose and resolve these factors through preventative actions, or misdiagnosing the symptoms, can both lead to an unnecessary premature birth.

Further in the event a premature delivery cannot be prevented, proper medical procedures need to be followed in the delivery of your baby. After your baby is born, specific attention and medical care will be needed to ensure your child does not suffer due to his or her early delivery. In each of these instances, physician failures can have disastrous results and they may be liable for medical malpractice. If you believe your infant may have suffered a birth injury as the result of medical negligence or a medical mistake, it is important to consult with a California birth injury lawyer right away.

A number of other factors may influence infant death including the health of the mother and whether the mother received appropriate prenatal care. While in some situations infant deaths and serious birth injuries can not be avoided, other times actions of a physician or other medical staff may lead to a poor outcome or death.

Continue reading "California Infant Death Rate Declines" »

According to statistics, about 5 in every 1,000 babies suffers a birth injury during the birthing process. Although some of these birth injuries may be unavoidable, other times they are preventable and may be the result of the actions or inaction of medical personnel during the delivery process. In these instances the health care professional may be found to have committed medical malpractice and be liable for the harm caused to your child.

Medical malpractice is a type of personal injury situation in which a doctor, nurse, therapist, pharmacist or other health care professional is negligent in the care that they provide, resulting in illness, injury or a wrongful death. It occurs when standard and accepted medical practices are not adhered to. Frequently, the consequences in terms of financial stress and human suffering are high.

If you believe you child has suffered a birth injury as the result of the care received during a delivery, discussing your situation with a knowledgeable California birth injury attorney right away is important to begin an investigation into the circumstances surrounding the birth and determine your next steps.

One circumstance that may lead to preventable birth injuries is during “assisted deliveries.” An assisted delivery is one where a doctor uses a birthing tool such as forceps during the pushing phase of labor to help the infant through the birth canal. Babies that are in a breech position, that are large, or that are premature are more likely to require the use of forceps during delivery. Further, sometimes when labor is prolonged, a doctor is more likely to use forceps.

Unfortunately, the improper use of forceps frequently lead to birth injuries such as head swelling and bruising, and other more serious injuries complications such as brain injuries.

Continue reading "Use of Forceps May Lead To Birth Injuries" »

A recent birth study released by Consumer Reports reveals that cesarean sections (c-sections) performed on pregnant women is one of the most common surgeries in the United States. However, all too often c-sections are unnecessary, and may lead to birth complications.

In some situations c-sections are necessary – such as when the infant shows signs of fetal distress and the failure to perform an immediate c-section may constitute medical malpractice. Allowing the baby to remain in the birth canal for too long, denying the newborn sufficient oxygen, can cause cerebral palsy. If a health care professional fails to act quickly enough to remedy this situation, he or she may be held responsible for this injury.

However, for the majority of women, the safest method for both the mother and baby is a vaginal delivery. Further, when a woman’s first birth is a c-section, it’s almost certain that subsequent births will also be c-sections, with most estimates placing the rate at about 90%. Even though it’s not necessary to delivery a child via c-section a second time, many doctors are unwilling to perform this procedure.

Continue reading " Unnecessary C-Sections May Lead To Birth Complications" »

A recent birth injury lawsuit has been filed in Kansas concerning the administration of Cytotec – also known as Misoprostol – and Oxytocin to induce labor. Up until the day Christy May gave birth, her pregnancy was unremarkable. However, when she was admitted to the hospital she was given these two drugs to expedite labor. She also received an epidural to relieve pain. The next morning while still in labor, the fetal heart strip indicates severe bradycardia — relatively slow heart action — in the unborn child.

According to the birth injury lawsuit, a needed emergency cesarean section was delayed, with the baby sustaining a significantly slowed heart rate for close to 40 minutes. At the time of birth, Jaxson May was diagnosed with hypoxic ischemic encephalopathy (HIE), possible sepsis and respiratory distress. The lawsuit alleges that by the time of delivery, Christy May’s uterus had ruptured. A year after Jaxson's birth, he suffers from microcephaly with spastic quadriplegia — a form of cerebral palsy.

The medical malpractice lawsuit alleges that May's physicians and nurses failed to respond properly to the baby's fetal monitor strip and did not do appropriate tests to ensure his well-being. In addition, the lawsuit alleges that their actions caused the baby to suffer damage to his central nervous system.

While the exact cause of HIE is not fully understood, birth trauma, uterine rupture, labor and delivery problems and delayed C-sections may result in this condition. There are very few treatments available for this condition other than brain cooling, which is the reducing of a newborn's body temperature by a few degrees for a number of days to lessen the impact of the injury and allows the brain to begin to heal itself.

Continue reading "Birth Injury Lawsuit Filed After Woman Given Oxytocin To Induce Labor" »

Recently, a study published in the journalPediatrics showed a link between the use of epidural anesthesia and birth injury. The epidural anesthesia study revealed that maternal fevers sometimes caused by the anesthesia could result in birth trauma including brain injuries such as cerebral palsy.

This risk is cause for concern, with more than 60% of women who give birth each year receiving an epidural. Epidurals are administered during labor in the lower back to relieve the pain of childbirth.

According to the study, a little more than 19% of women who received epidurals developed temperature greater tan 100.4 degrees Fahrenheit during labor. The higher the fever, the greater the likelihood that a baby would experience a problem.
The babies of women who develop an epidural-related fever while in labor are at greater risk of having problems right at birth, including poor muscle tone, breathing difficulties, low Apgar scores and seizures.

The study author noted, “It's clear that from our data that about 20 percent of the term infants born to mothers who received epidurals experienced one or more adverse outcomes after birth." Other similar temperature increases are not seen with natural labor or other types of pain control.

It is important physicians discuss risks involved with administering drugs and anesthesia before a woman is in active and painful labor to ensure that mothers are aware of the potential issues should she choose an epidural. Making informed decisions ahead of time decreases the likelihood of complications, confusion and mistakes during the birthing process.

Continue reading "Use Of Epidural Anesthesia Linked To Birth Injuries Such As Cerebral Palsy" »

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.”

Continue reading "Babies Born With Very Low Birth Weight Linked To Cognitive Delays As Adults" »

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.

Continue reading "Birth Injury Medical Malpractice Case To Settle For $2.8 Million" »

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.”

Continue reading "Research Provides New Links Between Brain Injuries And Premature Birth" »

News reports that last week a Michigan jury awarded the family of a 15-year-old girl $130 million in damages in a birth injury case. The award marks the largest medical malpractice jury verdict in Michigan history. The case arose as the result of medical errors committed during the labor and delivery process that resulted in brain damage and a broken clavicle. The teen is now a quadriplegic requiring round-the-clock care.

Quadriplegia is a paralysis, brought about by a birth injury or illness, in which sensation and control is lost in all limbs and the torso. Many instances exist where an injury during labor and delivery could have been avoided had problems been observed, properly diagnosed and quickly resolved.

Medical mistakes where a doctor, nurse or other medical professional should have lived up to the accepted standards of care and quickly resolved labor and delivery situations or warning signs in a newborn, can cause paraplegia or quadriplegia. If believe your child suffered a birth injury as the result of negligent care during labor and delivery, it is important to speak with a knowledge birth injury law firm to determine your next steps.

Here, news reports that the mother suffered from gestational diabetes and that the baby girl was larger than expected at birth. However, rather than delivering the infant by cesarean section, the physician in charge induced the girls mother for a vaginal delivery. The infant suffered severe birth injuries as a result. Representatives of the family stated, “They literally crushed the life out of that little baby.” The money awarded represents the costs of providing round-the-clock care and the girls lost wages through 2077.

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A recent article in the Los Angeles Times highlighted the benefits of cooling therapy for cardiac arrest and now as a treatment that is gaining widespread acceptance as a method to help babies who have sustained birth injuries.

Its use has been called “the single most important advance in resuscitation science in the last ten years or so” for patients who have suffered cardiac arrest, but parents also see great hope in its use to prevent brain injuries in babies. Brain cooling – also known as therapeutic hypothermia - is now being routinely used to help infants who did not get enough oxygen during birth in order to protect their brains. Cerebral palsy is a common result oxygen deprivation at birth – which may be caused by medical malpractice -and brain cooling techniques have been shown to help in reducing the impact of birth injuries.

Cooling therapy works by using a special water-cooled cap, gel pads or blanket to cool a patient’s core body temperature a couple of degrees. By inducing a mild form of hypothermia, the brain's need for oxygen is reduced and the processes that damage brain cells are slowed. With the use of cooling therapy, doctors may be able to prevent long-term damage to the brain that may occur when a brain is deprived of oxygen for a short period of time.

It is also being tested for its potential to treat victims of stroke, heart attack, traumatic brain injuries and spinal cord injuries.

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About 10,000 babies born each year develop cerebral palsy making it one of the most frequently occurring birth related disorder. Cerebral palsy is typically defined as a neurological disorder that permanently affects body movement and muscle coordination. Although it is often linked to an occurrence that takes place near or during the birthing process, its symptoms may not present themselves until a child’s second birthday. Symptoms ofcerebral palsy may include:

• involuntary and uncontrolled movements
• balance and depth perception disturbances
• lack of coordination
• muscle weakness
• difficulty hearing and seeing
• cognitive impairment affecting a child’s ability to think and learn
• difficulty controlling limb movement

All of the causes of cerebral palsy are unknown, but a known source of birth injury leading to cerebral palsy is medical errors during the labor and delivery process. Examples include delays in delivery causing a baby remain in the birth canal too long and suffering oxygen deprivation. Where medical personnel fail to act quickly to perform a cesarean section to restore the oxygen flow to a baby’s brain, they may be guilty of medical malpractice. The improper use of forceps may cause a birth injury leading to cerebral palsy as well.

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A Connecticut family as been award a record-breaking medical malpractice verdict - $58 million – on behalf of their eight-year-old son. Daniel D’Attilo has cerebral palsy because of brain damage resulting from a delayed delivery. As described by a family representative, “He is profoundly, profoundly disabled and the parents have gone through hell.”

Generally birth injuries - such as brain damage – occur when blood does not flow adequately during labor and delivery. Doctors and nurses need to take immediate action to increase a baby’s oxygen supply. The failure to act quickly, such as by performing an immediate cesarean section, may lead to life long injuries for the baby. The parties responsible for the harm may be guilty of medical malpractice.

Here, the lawsuit alleged that although the mother’s amniotic fluid dropped by half, her physician waited days to perform a Cesarean section. Further, when the C-section was performed, it was done incorrectly. As a result of the birth errors, Daniel is unable to speak, eat or walk, and suffers from seizures.

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The Los Angeles Times reports that the rate of cerebral palsy, a birth complication, has dropped. Cerebral palsy is a type of brain injury that affects motor function, including muscle tone, motor skills and movement. It is typically caused by brain damage occurring before or during the birth process.

The precise causes of cerebral palsy are unknown, but it has been linked to pre-mature births and in some cases, delivery room errors. Commonly, birth trauma occurs when the flow of blood and oxygen is restricted during the birthing process. The failure of medical personnel to respond promptly – such as by performing an emergency c-section – may result in long-term injuries such as cerebral palsy. In such instances, the responsible medical staff may be guilty of medical malpractice.

Recent studies of infants born in the United States, Canada and the Netherlands have shown both a decrease in the number of infants who develop cerebral palsy as well as the severity. The improvements were attributed to “general improved perinatal care.” As San Francisco medical malpractice lawyers, we are hopeful that this trend continues.

Continue reading "Rate Of California Cerebral Palsy Cases Has Declined" »

A recent survey by the hospital watchdog group, Leapfrog Inc., concluded that early deliveries – when made as an elective decision, rather than by necessity – resulted in an increased rate of birth injuries. An early elective delivery is considered a cesarean section or induction scheduled before 39 weeks without a medical reason.

Each week of a pregnancy is critical to the development of the baby’s brain, lungs and liver. Delivering too early can cause a birth injury with lifelong physical, developmental, and cognitive delays. Some times medical reasons exist to schedule a newborn delivery, including performing emergency c-sections, such as where the mother has high blood pressure, broken membranes before labor begins, or the infant shows signs of fetal distress. In those situations, medical personnel need to act quickly in order to prevent long-term harm to an infant. A failure to take prompt action may constitute medical malpractice.

But absent medical necessity, early elective deliveries happen far too frequently. As noted by the Leapfrog CEO, “Hospitals, health plans, providers, and communities need to do more to protect women and babies from this practice…Every hospital should publicly report on their rate and actively prevent the practice, and every woman planning to give birth should demand the information.”

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News sources report that a New York jury has ordered a Glens Falls doctor to pay a $3 million medical malpractice jury verdict to a girl who suffered serious injuries as a result of medical malpractice during childbirth. Marlayna Kineke sustained a brain injury nearly 18 years ago, when her mother’s obstetrician – Dr. Stephen Serlin - failed to deliver her in a timely manner. Unfortunately, when an infant sustains a birth injury, he or she can develop lifelong physical, developmental, and cognitive complications.

When a birth injury occurs due to the negligence or wrongful actions of a medical professional, an experienced San Francisco medical malpractice lawyer may be able to help.

According to the complaint in this medical negligence case, the doctor was summoned at 5 a.m. to perform an emergency c-section, but delayed performing the operation by 3-4 hours. After she was delivered, evidence showed that Marlayna had suffered “fetal asphyxia” in the womb due to a compressed umbilical cord. Further evidence showed that Serlin, as well as the mid-wife assisting in the delivery, had violated hospital policy by leaving the hospital for more than 4 hrs.

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A recent study concluded that babies born at night are more likely to be born with brain disorders such as cerebral palsy and epilepsy. The study reviewed the delivery of two million Californian babies in the span of 14 years. The authors concluded that babies born between 10 p.m. and 4 a.m. were 22 percent more likely to develop cerebral palsy than those born during other times of the day.

Cerebral palsy often develops as the result of a birth trauma that occurs when the flow of blood and oxygen is restricted during the birth process. Once it becomes apparent that the mother or infant is not receiving enough oxygen, medical personnel must act quickly to increase the oxygen flow – often by performing an emergency c-section. In some situations, the failure to respond quickly enough to restore blood and oxygen follow may constitute medical malpractice.

The current cerebral palsy study bolsters earlier findings linking night births and adverse outcomes. While previous studies found medical staff errors to be one of the major factors that influenced the risk of brain dysfunction, the current study avoids citing reasons for the increased nighttime risk.

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When infants suffer brain trauma at birth, the result may be lifelong physical, developmental and cognitive complications including brain damage and cerebral palsy. Commonly, brain trauma occurs when infant’s brains are cut off from the flow of blood and oxygen during the delivery process. The failure of medical personnel to respond quickly to increase oxygen to an infant may constitute medical malpractice.

Cooling therapy has been introduced at several hospitals around the country as a way to reduce the severity and impact of brain injuries. It works by decreasing a baby’s body temperature through the use of a whole-body cooling blanket. By lowering the body’s metabolism with the use of the blanket, an infant’s heart rate and blood pressure drop, and the brain swelling is reduced. Despite studies showing the effectiveness of the treatment, not all communities have access to the therapy, which must be provided within hours after birth.

Until recently, those suffering brain injuries in California’s Central Valley have not had access to this innovative technique. Thankfully, this has recently changed. Children’s Hospital Central California has just installed the Valley’s first whole body cooling blanket for infants. Previously, U.C. Davis Children’s Hospital in Sacramento was the nearest hospital providing cooling therapy, having begun last year.

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A recent study has linked low Apgar scores in infants with the development of cerebral palsy by age 5. Apgar scores - taken shortly after birth - measure an infant’s heart rate, respiration, color, muscle tone, and reflex irritability. The scores provide information about both the baby’s cardio-respiratory system and neurological condition. Nigel Paneth, MD, MPH who wrote an editorial accompanying the study notes, “A low Apgar score, especially when it persists beyond the first minute of life, is … an indicator of central nervous system depression, so it’s not surprising that it can predict later neurological dysfunction.”

Often, infants delivered after suffering decreased oxygen and blood flow during the birthing process have low Apgar scores measured within minutes of the birth. In a recent case, our client developed cerebral palsy after suffering a birth trauma. She was delivered with Apgar scores of 2 at 1 minute and 3 at 5 minutes.

Commonly, birth trauma occurs when the flow of blood and oxygen is restricted during the birthing process. If the mother and infant are not receiving adequate oxygen, it is crucial that the attending physician or medical personnel act quickly to increase oxygen. A failure to correct the oxygen and blood flow may result in permanent damage or injury. When physicians and other hospital personnel fail to take adequate steps, they may be held liable for medical negligence.

The study concluded that although Apgar scores below 4 at five minutes post birth was associated with a higher likelihood of a diagnosis of cerebral palsy by age 5 for babies of all weights, it was especially strong in normal birthweight children.

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According to KTLA, the family of a newborn who was accidentally given morphine is now suing a Mission Viejo hospital for medical malpractice. The medical mistake happened last year and the hospital was fined $50,000.

The anesthesia error occurred after Jessica Blischke gave birth prematurely to triplets. According to the lawsuit, morphine was prescribed to ease Jessica’s pain but was accidentally administered to one of the triplets, Taylee, instead. Almost immediately, Taylee’s heartbeat slowed and doctors were forced to intubate her.

Although the use of anesthesia is generally safe and effective, when improperly administered – or given to the wrong patient – devastating physical damage can occur. When such errors occur, the medical provider at fault should be held responsible for his or her negligence.

The error in this instance went unnoticed until additional tests were performed and hospital staff recognized the medication error. Reports suggest medical errors occur to as many as 7% of all inpatients and cost the American economy upwards of $19.5 billion.

Continue reading "Newborn Mistakenly Given Morphine" »

One of the most critical aspects of a birth injury lawsuit involves the estimation of the brain injured child's future care needs. The life care plan is a tool that's assembled by a physician, nurse and economist along with your attorney that specifically identifies all of the future care needs of the injured child. The life care plan includes an opinion regarding the child's attendant care needs eg: how many hours per day and whether an RN, LVN or medical assisant is necessary; estimations of the physical therapy, speech therapy and occupational therapy needs; estimations of the numbers of physician visits throughout the child's life; adaptive equipment around the home; home modifications; transportation needs and often much more. It's common for the physician and nurse to meet with the injured child's family in their home to assess the extent of the child's needs.

A settlement involving a birth injured child must be approved by a judge. The process is known as a minor's compromise. The purpose of a minor's compromise is to assure the court that the settlement proceeds will not be mismanaged to the detriment of the child. A common method of preserving a minor's assets is to allocate a significant portion of the settlement to the purchase of an annuity (See: July 29, 2008 Blog Entry) and to direct the monthly annuity payments into a special needs trust. A special needs trust holds the proceeds for the exclusive benefit of the injured child. Trustees direct the distributions from the special needs trust to address the needs of the child. A judge may require that a professional trustee be appointed in addition to the parents or close family members. The professional trustee often is affiliated with a bank and will charge an administrative fee. The special needs trust has several benefits, the most notable of which is that under most circumstances it allows the beneficiary to remain eligible for public benefits. The special needs trust plays an important roll in obtaining a judge's approval of a minor's compromise. Your birth injury attorney will work with a special needs trust attorney to create a trust that works for your individual situation.

Annuities play a key role in funding the future care needs of children with birth injuries. An annuity refers to a stream of fixed payments over a specified period of time. Most jurisidictions require that funds paid to resolve a birth injury case be used in large part to purchase an annuity. There are many reasons for that, the most fundamental, is that the court can be assured that the settlement proceeds will not be mismanaged.

Annuities are purchased from large insurance companies. The purchaser gives the insurance company payment of a lump sum of money in exchange for a contractual promise to pay out a stream of money. Annuities are very flexible and can be structured in the best interests of the child. For instance, an annuity can pay a certain amount per month, with annual cost of living increases, for the life of the annuatant or for a guaranteed period of time. The cost of the annuity will vary depending upon the guarantees and annual increases. Typcially your attorney and annuity broker will help you determine what type of annuity is right for your child.

Plaintiff’s, who were represented by Erik Peterson with Bostwick & Peterson in San Francsico, contended that nurses and physicians failed to recognize non-reassuring signs during the labor and delivery process. Plaintiff’s experts were prepared to testify that had the non-reassuring signs been identified in compliance with the standard of care, that an expedited c-section would have prevented the child’s injuries. Plaintiff’s contended that the fetal heart tracing revealed persistent variable decelerations followed by severe and prolonged decelerations and bradycardia thirty seven minutes prior to delivery. The child’s APGAR scores were: 2 at 1 minute and 3 at 5 minutes. The umbilical cord artery reflected readings of ph: 6.71, CO2 131. 02 25 and base excess of -22.7, which is consistent with mixed respiratory and metabolic acidosis. The child was transferred to a tertiary hospital where she responded remarkably well to a cooling protocol for hypoxic-ischemic encephalopathy. Over the ensuing eighteen months the child’s neurologic examinations were near normal and there was scant, if any, diagnostic evidence of a cognitive injury. She was walking at ten months, communicating well at eighteen months and expected to be mainstreamed in the public school system. She was diagnosed with a mild left hemiparesis and gastrointestinal disorder; neither condition requiring attendant care. The non-economic (also known as "pain and suffering") damages in this medical malpractice case were limited by the provisions of MICRA.

This case involved neonatal blindness injuries to premature triplets from retinopathy of prematurity. One child was almost completely blind; one child was almost completely blind in one eye and had partial loss of vision in the other eye; and the third child had some functional diminution of vision, primarily in one eye. Retinopathy of prematurity (what used to be called rebrolentna fibroplasia can be treated if timely diagnosed. It is a common problem in premature infants. We contended that the hospital, neonatologist, and pediatricians failed to properly follow up and screen these children and failed to diagnose the condition in a timely manner. The defendants contended that the mother had been properly warned about the condition and failed to obtain an eye exam in a timely fashion after the triplets were discharged from the hospital. This confidential settlement is believed to be the largest of its type in the history of the state of occurrence.

An infant can sustain birth trauma during, before, or directly after birth. Unfortunately, when an infant sustains birth injuries, he or she can develop lifelong physical, developmental, and cognitive complications, including Erb’s palsy, brain damage, and cerebral palsy. Lawyers at our San Francisco law firm may be able to help you if your child has suffered birth trauma due to the negligence or wrongful actions of a medical provider.

Commonly, birth trauma occurs when the flow of blood and oxygen is restricted during the birthing process. When it becomes clear that the mother or infant is not receiving adequate oxygen, it is necessary that the attending physician or medical personnel act quickly to increase oxygen. When the attending physician is negligent and fails to correct the blood and oxygen flow, permanent injuries may result. There are many medical techniques, including cesarean that can prevent long-term damage to the infant. If the physician or attending medical staff fails to act quickly and expertly, the responsible parties may be guilty of medical negligence. In these cases, they can be held liable for the financial and emotional losses suffered by the infant and his or her family. Often, these losses are devastating to the child and family and that is why the attorneys at Bostwick & Peterson are committed to protecting the rights of birth injury victims. Click here for examples of successes in this area.

If your child has been the victim of birth injury or trauma, we may be able to help. Please contact the birth injury attorneys at Bostwick & Peterson today

$10.0 million - Record settlement for an obstetrical case.

Our birth injury specialists recently settled a case for $10,000,000 for birth injuries to a child now 3 years of age. The 17 year old mother had a normal pre-natal course, was admitted to the hospital for a trial of labor with normal fetal heart tones on the monitor strip. Rupture of membranes later revealed clear fluid and thereafter, a pattern of variable and late decelerations developed with retained variability. In the early morning hours, the late and variable decelerations continued with diminished variability. The baseline became tachycardic with diminished variability with persistent significant mixed late and variable decelerations with slow recovery. This continued for approximately four hours to the birth. The mother developed a fever or 38.5 after the epidural was given. The baby demonstrated a similar after birth with a pH of 6.98 with a base deficit of 15.4. The defendants contend that there was not sufficient loss of variability to justify intervention. They contended that the cord gas did not evidence significant metabolic acidosis and the child course after birth was more consistent with intrauterine infection, bacterial infection than interpartem hypoxia. Plaintiffs contended that there was clear evidence of non-reassuring fetal heart tones suggestive of metabolic acidosis which required earlier intervention. Plaintiffs contended that the baby’s presentation after birth was classic for interpartum asphyxia and met most of ACOG’s guidelines for hypoxic ischemic encephalopathy from interpartum events. The child is a spastic quadriplegic, tube fed with global delays, including severe cognitive deficits. Defense contented life-expectancy was limited. Plaintiffs contended life expectancy was near normal. This is believed to be a record settlement for an obstetrical case. This confidential settlement is considered to be a record settlement or verdict in the state where it was obtained.