California Medical Malpractice Law Blog

New research reveals that many states around the country still experience high rates of premature births. According to the 2012 March of Dimes’ Premature Birth Rate Report Card states such as Florida received “D” ratings as the result of close to 90,000 pre-term births occurring from 2009-2011. This makes up nearly 13% of the births in that state. California received a “B” rating, with 9.8% of all infants born before 37 weeks of gestation.

A premature birth can result in serious infections, jaundice, meningitis and pneumonia. It can cause brachial plexus injury, injuries to the brain, cerebral palsy, respiratory distress, and other cognitive delays.

Although in many instances, a pre-term birth may not be preventable, other times warning signs exist and a skilled physician or other health care professional can take steps to prevent this potentially dangerous situation from occurring. Failure to diagnose and resolve these factors through preventative actions, or misdiagnosing the symptoms, can both lead to an unnecessary premature birth.

Further, it is important to provide immediate specific attention and medical care after your baby is born to ensure you infant doesn’t suffer due to his or her early delivery. The failure to take the appropriate actions in either of these instances can have disastrous results and your physician may be found liable for medical malpractice.

If you believe your child may have been born prematurely unnecessarily or that your doctor or other health care professional failed to take the proper steps after your child was born to reduce the possibility of injury from premature birth, it is important to speak to a California premature delivery attorney right away. In many instances, you may be able to recover compensation that can help pay for a lifetime of medical care and therapy.

Continue reading "March Of Dimes Releases Premature Birth Report" »

November 17th marked the passing of “World Prematurity Day.” World prematurity day is a day set aside to raise awareness concerning the dangers of preterm births along with recognizing the strides that have been made internationally to reduce the number of pre-term births.

A preterm baby is generally considered one born before 37 weeks. Babies born before 37 weeks face significant risks of health complications as the result of underdeveloped organs, muscles and immune systems. In fact, prematurity is the number two killer of children under five (pneumonia being the first), with more than 1 million infants dying every year as the result of complications from a pre-term birth.

Many factors may affect whether an infant is delivered pre-term. By being aware of these factors a doctor may be able to predict a premature baby and be able to resolve these factors through preventative actions. Some risk factors for pre-term deliveries include poor health or nutrition for women before and during pregnancy, and spacing births too close together or too far apart.

Misdiagnosing the symptoms or failing to diagnose and resolve these factors can lead to an unnecessary premature birth.

Further, even where a premature delivery cannot be prevented, proper medical procedures exist that a physician needs to take follow in the delivery of an infant. Specific attention and medical care is necessary to ensure all is done to help a pre-term baby and minimize the risks as the result of an early delivery.

The failure to act to prevent a premature delivery when it is possible or to take the appropriate actions following a preterm birth may cause needless suffering, and a physician may be found liable for medical malpractice. If your child was born prematurely and suffered a birth injury, consulting with an experienced California birth injury lawyer is important.

Some of the complications that may result from a premature birth include serious infections, meningitis, jaundice, pneumonia and in some cases death.

Continue reading "Premature Births Linked To Health Risks And Complications" »

The month of September has been designated “Infant Mortality Awareness” month in an effort to promote healthy pregnancies and prevent infant deaths. Many issues surround infant mortality in the United States.

A key issue promoted by the March of Dimes is an effort to improve prenatal care and decrease the likelihood of preterm births. According to the March of Dimes every pregnancy – even if it’s healthy – should go at least 39 weeks. Babies born prematurely have a higher risk of illness and death in the first year of life than those born full-term.

In fact, prematurity is the leading cause of death in the first month of life. As stated by a representative, "Preventing premature birth saves lives " … thousands of babies each year do not live to see their first birthday because they were born too soon. No parent should ever have to experience the pain of losing a child from prematurity, or from any other cause." In 2008, nearly 10,000 babies died from preterm birth-related causes. Worldwide, more than million babies die each year because of their early birth.

Even being born a few makes earlier can significantly increase the mortality risk. Babies born between 34 and 36 weeks are three times more likely to have fatal complications than babies born at full term.

Further, although the overall risk of death for full-term babies is small, a recent study determined that it more than doubles for infants born at 37 weeks of pregnancy compared to babies born at 40 weeks.

While in many situations preventing a premature birth may not be possible, there are known factors a doctor can look for to predict a premature baby. The failure to resolve these factors through preventative actions, or misdiagnosing the symptoms can lead to an unnecessary premature birth. In these instances, physicians may be held liable for medical malpractice.

As California birth injury attorneys, we are dedicated to raising awareness concerning birth injures and helping prevent infant mortality.

Continue reading "September Marks Infant Mortality Awareness Month" »

A recent study has linked premature births with the development of mental issues later in life. According to the birth injury article, premature birth appears to be related to hospitalizations for a wide range of psychiatric illnesses once the child becomes an adult. These illnesses include depression and bipolar disorder.

The premature birth study published in the Archives of General Psychiatry evaluated more than 1.3 million babies. The study concluded that being born early was associated with an increased chance of being admitted to a hospital for psychiatric conditions.

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. 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.

At times, a premature delivery cannot be prevented and in these cases 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 you baby 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 child was delivered prematurely as the result of medical malpractice it is important to consult with a California birth injury attorney right away to answer your questions and determine your next steps.

Many times, the complications that follow a premature birth could have been prevented.

However, the study’s authors are quick to point out that the paper should not be “a cause for concern for women who have a baby who was born premature.” Instead, one professor notes “it is more a call to the research community to continue to look at this association to better understand the connections between being born premature and adult onset of disease.”

Continue reading "Premature Birth Linked To Development Of Psychiatric Issues Later In Life" »

A recent birth complication study has linked premature birth with later mental health issues. In fact, the large birth trauma study determined that premature birth constitutes a “single, independent risk factor” for several different psychiatric disorders.

Although in many situations it may not be possible to prevent a premature birth, other times the actions – or inaction – of a physician may lead to a preventable premature birth. 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 of a premature birth, specific attention and medical care will be needed to ensure you baby 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 child was born prematurely as the result of physician negligence and a birth injury resulted, it is important to speak to an experienced California birth injury lawyer right away.

Here, the study determined that people who were born prematurely (less than 32 weeks gestation) were 2.5 times more likely to have psychosis as young adults, nearly 3 times more likely to have depression, and 7.4 times more likely to have bipolar disorder than those born at term (37-41 weeks gestation). The findings also revealed a smaller, yet still significant, increased risk of developing bipolar disorder, psychosis and depression for those born moderately prematurely (32-36 weeks).

Continue reading "Premature Births Linked To Mental Health Issues Later In Life" »

A global pre-term birth study conducted by the March of Times, entitled Born Too Soon: the Global Action Report on Preterm Birth evaluated the extent of national, regional and global pre-term births. The report revealed that the number of pre-term births is increasing in most countries, and now ranks as the second leading cause of death globally for children under five. Another startling statistic, the number of premature births in the United States is 12 per 100 – placing the U.S. in 54th place, with 130 countries fairing better.

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 many instances a premature birth may be unavoidable, 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.

At times, a premature delivery cannot be prevented and in these cases 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 you baby 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.

The March of Dimes report identified a few simple steps that if taken could help nearly three-quarters of the deaths worldwide. These include such things as providing the baby warmth, breast-feeding support, simple treatment for infections and frequent skin-to-skin contact with the mother.

Other recommendations include providing steroid injections for mothers in premature labor. However, many of those preterm infants who do survive face long term medical care.

Continue reading "Number Of Pre-term Births In US Increasing " »

A new birth injury study has revealed that cesarean sections (c-sections) may put small, premature infants at a 30 percent higher risk for breathing problems than those born vaginally. The study to be presented at a meeting of the Society for Maternal-Fetal medicine found that “respiratory distress syndrome,” a condition that affects newborns and can lead to lifelong breathing difficulties and brain damage occurred more frequently in those babies born prematurely by c-sections.

Many physician groups are seeking to curb the rising frequency with which c-sections are performed. Between 2002 and 2009, the percentage of c-section deliveries rose from 27% to 34% of all births.

In many instances, a c-section may be necessary, such as when the infant is in fetal distress and may suffer from a lack of oxygen. The failure of health professionals to act quickly to restore oxygen flow and perform an immediate c-section may constitute medical malpractice in these instances. Alternatively, performing unnecessary c-sections has shown to raise the possibility of birth trauma. The recent birth trauma study looked specifically at pre-term c-sections and noted that while the incidence of brain bleeds, seizure and sepsis remained the same, increases were shown in the areas of respiratory distress.

As stated by a representative from the March of Dimes, "This particular study shows that for infants that are premature and small-for-gestational-age, which tend to be thought of as rather fragile infants, the cesarean delivery doesn't offer any protection from the adverse outcomes."

Continue reading "C-Sections Put Premature Babies At Increased Risk For Birth Trauma" »

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

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

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

Continue reading "Prenatal Steroids Lower Risk Of Birth Injuries In Premature Infants " »

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" »

A recent study published in the American Journal of Medicine has concluded that premature babies have a higher risk of death in young adulthood than full-term babies. According to the premature baby study performed by Dr. Casey Crump from Stanford University, babies who were delivered at 37 weeks of less had a 53% increased rate of death before age 5. After the children reached the age of 18 this risk was calculated to be 31%. Researchers had expected an increased risk of death for premature infants, but were surprised with findings that showed the relative risk of death continued into adulthood.

In addition to the long-term risks, premature deliveries may result in serious infections, pneumonia, jaundice, meningitis and respiratory distress. It may also cause birth injuries such as cerebral palsy. Many known factors exist that a doctor can look for to predict a premature baby. Failing to diagnose and resolve these factors through preventative actions or misdiagnosing the symptoms can lead to an unnecessary premature birth. When a premature delivery occurs as the result of the negligent actions of a health care provider, the health care provider’s actions may constitute medical malpractice.

Further, even where a premature delivery cannot be prevented, specific attention and medical care must be taken to ensure an infant does not suffer a birth injury due to the preterm delivery. If the proper standards are not followed, providers may also be liable for medical negligence.

Continue reading "Premature Infants At Higher Risk Of Death In Young Adulthood" »