California Medical Malpractice Law Blog

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.

Continue reading "Family Of Teen Who Suffered Birth Injury Wins Medical Malpractice Suit" »

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.

Continue reading "Cooling Therapy Provides Help For Birth Injuries " »

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.

Continue reading "Cerebral Palsy Often Linked To Medical Malpractice" »

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.

Continue reading "Record Breaking Cerebral Palsy Award" »

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.”

Continue reading "Birth Injuries Increase With Early Elective Deliveries" »

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.

Continue reading "Cooling Therapy Comes To California’s Central Valley" »

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 & Mitchell 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 & Mitchell 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 & Mitchell 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.