California Medical Malpractice Law Blog

Cerebral palsy is one of the more serious conditions related to difficulties at birth. It is often linked to oxygen deprivation before or during the birth process. Brain cooling – a technique where an infant’s body is cooled in a controlled environment – has been showed to lessen the severity of brain damage. When there are indications that a brain has occurred during the birth process, a special water-cooled cap or blanket is placed on the newborn to reduce the body temperature by a few degrees. It is critical that brain cooling begins within 6 hours of birth. Medical malpractice can not only cause your child to suffer a birth injury, but may also be implicated where doctors or other health professionals fail to use all available treatments where the need arises.

Methods such as cooling therapy have been introduced in many California hospitals and have become a widely accepted method of treating infants who have suffered a brain injury. If you have questions about cooling therapy or believe your child may have been harmed as the result of medical malpractice, it’s a good idea to consult with an experienced California birth injury attorney right away.

Due to the success of cooling therapies at hospitals and the increasing awareness that timely brain cooling can reduce the severity of brain damage, students at John Hopkins University have devised a “low-tech $40 unit" to provide protective cooling to hospitals that lack the resources to purchase the expensive equipment that can cost thousands of dollars.

The device, called the Cooling Cure, was created to lower a newborn's temperature by about 6 degrees Fahrenheit for three days, a treatment that has been shown to protect the child from brain damage, or lessen the severity of damage, if administered shortly after a loss of oxygen has occurred.

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Many California parents choose to stagger the timing and number of vaccines given to their children, often citing concerns about the risk of developing autism. In fact, according to a recent birth injury study, about one-third of parents are concerned about unsubstantiated claims that vaccines can cause autism. However, a recent study performed by the Institute of Medicine has found no causal relationship between vaccines and this developmental disorder.

The study published in the Journal of Pediatrics found no link between the typically recommended vaccine schedule and autism, and that spreading out vaccinations rather than immunizing infants at 2, 4 and 6 months visits doesn’t provide any benefit in preventing this disorder.

However, while research hasn’t found a link between immunizations and autism, other birth injuries and developmental disorders – such as cerebral palsy - have been linked to actions taken by physicians or other medical staff near or at the time of birth. If your child has suffered a birth injury and you have questions, it is important to consult with an experienced California birth injury attorney right away. A skilled San Francisco birth injury lawyer can begin an investigation into the circumstances surrounding a birth injury and help your family through this difficult time.

While by no means are all birth injuries and developmental delays caused by medical malpractice or negligence, many conditions and injuries can be avoided. The failure to follow the standard of care and take the necessary actions to avoid preventable birth injuries may be considered medical malpractice. Where medical malpractice leads to a birth injury, it may be possible to recover the compensation necessary to pay for a lifetime of care.

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A recent study has determined that a new drug has the potential for improving the lives of children born with cerebral palsy. Cerebral palsy is a permanent disorder that affects about one in 300 children in the United States. It is characterized by difficulty with movement, often causing jerking and stiff movements. Cerebral palsy may also cause cognitive difficulties, in some cases requiring people to be completely dependent on others for care.

While not all of the causes of cerebral palsy are known, it is often associated with birth trauma, and brain damage caused before or during birth. In some instances oxygen deprivation and decreased blood flow may lead to a brain injury linked to cerebral palsy. Brain cells require constant oxygen and begin to die minutes after the oxygen supply suddenly disappears or is severely lessened. When the entire body or a portion of it is deprived of sufficient oxygen, it is often referred to as “hypoxia.” Hypoxia can lead to many types of birth injuries including cerebral palsy. Although in some instances, a birth injury leading to cerebral palsy may not be preventable, other times the failure of a physician, nurse or other medical personnel to take certain actions may lead to this birth injury. For example, in some instances medical personnel may be able to take quick actions – such as performing an immediate c-section - to avoid brain damage caused by a hypoxic event.

If you believe your child may have suffered a brain injury as the result of the actions inaction of medical personnel during the birth of your child, it is important to consult with a California birth injury lawyer right away.

Continue reading "Drug Provides Hope For Victims Of Cerebral Palsy" »

While in the majority of deliveries doctors, nurses and other health care professionals perform admirably, in some instances preventable mistakes occur during the labor and delivery process that may cause a birth injury, and a lifetime of medical costs and emotional challenges for the parents and child affected.

One birth injury that has been linked to errors in the delivery process is cerebral palsy. Cerebral palsy has been linked to a lack of oxygen or blood flow to the newborn. When this dangerous condition is not corrected immediately, labor and delivery problems can follow leading to birth injuries. By heeding warning signs and following the proper standard of care, it may be possible to altogether prevent – or at least minimize – the negative consequences of a difficult birth.

For example, in some situations a mother may be given Pitocin or other medications designed to induce labor which can cause problems in the delivery. Further, in some situations doctors are pressured from within the hospital to not perform a Caesarean section due to the cost factor, even though this may have been the safest way to deliver the baby.

The final result can be a newborn afflicted with cerebral palsy and although the symptoms of this disorder may manifest quickly, they frequently do not do so until the infant is 2 years old.

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Recently, legal news reported that a birth injury lawsuit had been filed against a Louisiana hospital by a husband and wife after their child was born with cerebral palsy due to alleged complications from the birth.

Cerebral palsy is a type of birth injury, which is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the kind of damage to the brain of the newborn. The condition is chronic and will not get better or worse over time. It is important to note that medical errors of various kinds are known causes of cerebral palsy.

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. These warning signs commonly appear by the time the child is 2 years old but may show up earlier.

If your child has been diagnosed with cerebral palsy and you believe that it may be the result of a medical error during the labor and delivery process, it is important that you consult with a San Francisco medical malpractice attorney right away. An experienced California birth injury lawyer can begin an investigation into your matter and in many situations may be able to recover compensation to help provide care for your child.

Continue reading "Birth Injury Lawsuit Filed Against Hospital For Child Born With Cerebral Palsy" »

A Staten Island jury has just awarded the family of a woman – Stephanie Debes - who a record $100 million. While the actual total compensation the family receives will likely be less because the hospital has since filed bankruptcy, the case demonstrates the tragic consequences of medical errors and the profound effect they can have on an individual’s life.

In this instance, the Staten Island teen experienced a brain injury as the result of inadequate care during her delivery. She now suffers from cerebral palsy as the result of her premature birth. Debes and her twin sister were born 3 months prematurely. Although her twin was fine, Debes is now confined to a wheel chair.

Cerebral palsy is a type of birth injury, which is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the kind of damage to the brain of the newborn. The condition is chronic and will not get better or worse over time. It is important to note that medical errors of various kinds are known causes of cerebral palsy.

Here, the Staten Island jury determined that the hospital staff was negligent in failing to determine that Stephanie’s mother, Catherine, was in labor, and was negligent in failing to take the necessary steps to prevent the preterm delivery. According to the medical malpractice lawsuit, Stephanie is now “imprisoned in her own body. She can’t even roll over in bed.”

Continue reading "Record Setting Birth Injury Verdict In New York Medical Malpractice Case" »

News reports that a Baltimore family has been awarded a $21 million jury verdict in a birth injury lawsuit. The medical malpractice lawsuit was filed as the result of the events surrounding the birth of a young boy who now at the age of 9 is “literally trapped inside his own body,” with a fully functioning mind but a severely disabled body. According to the lawsuit, the boy suffers from cerebral palsy that resulted from the loss of oxygen while still in his mother’s womb.

Cerebral palsy is a type of birth injury that is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the kind of damage to the brain of the newborn. The condition is chronic and will not get better or worse over time. It is important to note that medical errors of various kinds are known causes of cerebral palsy.

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. These warning signs commonly appear by the time the child is 2 years old but may show up earlier.

Here, the family asserts that the medical staff was negligent in not performing a Caesarean section sooner than they did and that this negligence lead to the birth injury. While the boy is "cognitively and mentally fine," he has very limited use of his legs and trouble completing specific tasks with his hands, such as writing.

Although the majority of deliveries go smoothly, occasionally medical professionals make mistakes. Health care workers may make preventable errors, become careless or fail to take the correct action in certain circumstances. Sometimes, even economic pressures may lead to individuals cutting corners and taking short cuts that can have disastrous effects. When a negligent action or failure to act causes an injury at birth, it is important to speak to a California medical malpractice attorney right away. In many instances, you may be able to recover compensation for you losses.

Continue reading "$21 Million Awarded In Birth Injury Lawsuit" »

A recent study has determined that a new drug has the potential for improving the lives of children born with cerebral palsy. Cerebral palsy is a permanent disorder that affects about one in 300 children in the United States. It is characterized by difficulty with movement, often causing jerking and stiff movements. Cerebral palsy may also cause cognitive difficulties, in some cases requiring people to be completely dependent on others for care.

While not all of the causes of cerebral palsy are known, it is often associated with birth trauma, and brain damage caused before or during birth. In some instances oxygen deprivation and decreased blood flow may lead to a brain injury linked to cerebral palsy. Brain cells require constant oxygen and begin to die minutes after the oxygen supply suddenly disappears or is severely lessened. When the entire body or a portion of it is deprived of sufficient oxygen, it is often referred to as “hypoxia.” Although in some instances, a birth injury leading to cerebral palsy may not be preventable, other times the failure of a physician, nurse or other medical personnel to take certain actions may lead to this birth injury. For example, in some instances medical personnel may be able to take quick actions – such as performing an immediate c-section - to avoid brain damage caused by a hypoxic event.

If you believe your child may have suffered a brain injury as the result of the actions inaction of medical personnel during the birth of your child, it is important to consult with a California birth injury lawyer right away.

In other instances, inflammation in the brain during pregnancy may lead to this birth injury, as the result of damage to the portions of the brain that control muscle function. Research provides that a new drug may be able to reduce inflammation and provide early treatment of brain damage, which in turn would make the impact of cerebral palsy much less severe. However, the use of the drug and its efficacy would still require that doctors monitor women during pregnancy to be on the lookout for infection and premature labor. The failure to receive adequate prenatal monitoring can be devastating to the health of both the fetus and mother.

Continue reading "New Drug Provides Hope For Cerebral Palsy Patients" »

A California jury has just awarded $74 million medical malpractice verdict to the family of an infant born with a birth injury. The majority of the award will go toward a providing a lifetime of care to Sofia Blunt, who has developed cerebral palsy as the result of medical mistakes made at the time of her birth.

Cerebral palsy is a type of birth injury that is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the kind of damage to the brain of the newborn. The condition is chronic and will not get better or worse over time.If you believe your child has suffered any type of birth injury, speaking to an experienced California birth injury lawyer right away is important to protect your rights and determine your next steps.

Although not all birth injuries can be prevented, in certain situations the actions a physician or hospital staff fails to take may constitute medical negligence. Here, the jury determined that a doctor’s failure to act quickly after determining that the baby’s heart rate was “fluctuating wildly” caused the birth injury.

According to evidence presented at trial, the jury determined that it was “more likely than not” that the doctor was negligent and that his actions did not conform to the requisite standard of care for a physician.

Although in some situations a birth injury may not be preventable, other times the actions a physician or other medical staff take – or fail to take ¬– may cause or worsen the impact of a birth trauma. In these cases, the doctor of health care staff may be found liable for medical malpractice.

Continue reading "Jury Awards California Family $74 Million In Cerebral Palsy Case" »

A recent birth injury lawsuit has been filed on behalf of a child who has been diagnosed with cerebral palsy. According to the medical malpractice lawsuit, a San Luis Obispo family is suing a local doctor based on his actions during the delivery of their child.

Pursuant to their birth injury claim, Jennifer and Andrew Blunt have alleged that as the result of the physician’s failure to act with the requisite standard of care, their baby suffered a birth trauma and now has cerebral palsy, requiring significant attention and a life time of medial care.

Cerebral palsy is a type of birth injury which is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the kind of damage to the brain of the newborn. The condition is chronic and will not get better or worse over time. It is important to note that medical errors of various kinds are known causes of cerebral palsy.

If you believe that your child has suffered from any type of birth injury or birth trauma as the result of medical malpractice, consulting with an experienced California birth injury law firm is important to protect your rights and determine your next steps.

Cerebral palsy has been linked to oxygen deprivation at or near the time of birth. Where a physician or other health care professional fails to act quickly to restore oxygen flow such as by performing an immediate c-section, he or she may be found responsible for medical malpractice.

Continue reading "Birth Injury Lawsuit Filed On Behalf Of Child Who Suffers From Cerebral Palsy" »

A therapy being tested at a New York University is providing new hope to those living with cerebral palsy. Cerebral palsy is a neurological disorder that affects cognitive development, movement and muscle control. While not all of the causes of cerebral palsy are known, it is linked to trauma to the brain occurring at or close to the time of birth. The severity of the condition is based on the kind of damage to the brain of the newborn. The condition is chronic and will not get better or worse over time. It is important to note that medical errors of various kinds are known causes of cerebral palsy. If you believe your child has suffered a birth injury as the result of medical malpractice, consulting with an experienced California birth lawyer is an important first step.

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. These warning signs commonly appear by the time the child is 2 years old but may show up earlier.

Recently developed protocols – such as cooling therapy – have provided some help to those who suffered birth trauma by limiting its severity. When there are indications that a brain injury has occurred during the birth process, a special water cooled cap or blanket is placed on the newborn to reduce the body temperature by a few degrees. This process is called therapeutic hypothermia and is administered for three days. A brain injury can be caused by a lack of oxygen to the brain and in cooling the baby's body temperature, it reduces the brain's need for oxygen and lessens the severity of an injury. It allows the body to try to repair itself.

Continue reading "New Technique Introduced To Help Muscle Control In People With Cerebral Palsy" »

News reports that a large settlement was reached in Florida cerebral palsy lawsuit. The birth injury occurred after an infant was given a dose of nutrients 100 times more powerful than was prescribed. As alleged in the lawsuit, after the infant received the overdose she went into cardiac arrest. She was revived but only after her brain was deprived of oxygen. The child subsequently developed cerebral palsy. In a lawsuit filed against the hospital, the family was awarded $19.2 million to cover the baby’s medical costs.

Cerebral palsy is a birth injury that is caused by trauma to the brain. It occurs at or close to the time of birth and the severity of the condition is based on the type of damage to the brain of the newborn. Although a variety of factors may contribute to cerebral palsy, it has been linked to medical error at birth. For example, when infants are deprived sufficient oxygen either because they have remained in the birth canal too long or for any other reason, can lead to cerebral palsy.

When medical staff, including doctors and nurses, fail to act quickly enough to resolve a critical situation, they may be found responsible for causing a birth injury and liable for medical malpractice.

Continue reading "Large Birth Injury Settlement Reached In Florida Cerebral Palsy Case" »

Jury selection has begun in a multimillion-dollar medical malpractice lawsuit arising out of a birth injury. The birth injury lawsuit against Indian River Medical Center arose out of the actions undertaken by medical staff and two physicians at the hospital. In 2008, the infant at the center of the case was born dead. She was resuscitated, but now suffers from cerebral palsy.

The birth trauma occurred during a difficult delivery. The mother, Melissa Guettler, was undergoing a normal birth when the baby starting showing signs of fetal distress. However, according to the lawsuit, the hospital staff failed to act quickly enough in ordering an emergency cesarean section. When the c-section was eventually performed, the child was born dead. Although a physician was able to resuscitate the infant, evidence suggests that had she been born 15 minutes earlier, the birth injury could have been avoided.

While not every birth injury constitutes medical malpractice, where medical staff fail to act with the requisite standard of care and an infant is harm, they may be guilty of medical negligence and be responsible to pay damages.

One of the most frequent birth injuries in cerebral palsy, often linked to oxygen deprivation at birth. When a baby is allowed to remain in the birth canal for too long and a newborn is denied sufficient oxygen, this debilitating condition can result. Symptoms of cerebral palsy include the loss of movement or other functions related to the nervous system. It may manifest itself as cognitive difficulties such as the ability to think and learn, or uncontrolled movement of the limbs. In some cases the signs show up right away, other time signs of cerebral palsy are not noticeable until the child reaches his or her second birthday.

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

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

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

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

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

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

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

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

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A recent report published in Obstetrics and Gynecology studied the link between a mother’s health – including infections – during pregnancy and her baby’s risk of developing cerebral palsy. According to the study, suffering from the common cold and stomach flu during pregnancy were not tied to an increased risk of developing the birth defect. More serious infections, as well as a family history of cerebral palsy or a woman’s history of miscarriage created an increased risk, however the risk remained low.

The study found that some maternal infections like chicken pox and cytomegalovirus were associated with the condition especially when they occurred in the second half of pregnancy.

Although all the causes of birth defects such as cerebral palsy remain unknown, a serious birth injury such as oxygen deprivation that occurs during delivery has been shown to have a strong link to developing the condition. The incorrect use of forceps or other negligent care has also been linked to its onset. Where a birth injury occurs as the result of the result of medical malpractice, it may be possible to recover compensation.

The Centers for Disease Control and Prevention provide that every year about 10,000 infants born in the United States will develop cerebral palsy. Symptoms of cerebral palsy can include loss of movement or other functions related to nervous system. It may cause cognitive difficulties such as the ability to think and learn, and in physical difficulties such as uncontrolled movement of the limbs, difficulty walking, and balance and coordination issues.

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