California Medical Malpractice Law Blog

Unnecessary C-Sections May Lead To Birth Complications

Tue, 15 May 2012 08:45:38 -0800

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.

Number Of Pre-term Births In US Increasing

Tue, 08 May 2012 08:43:32 -0800

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.

What Impact Does Saying I’m Sorry Have On Medical Malpractice Litigation?

Mon, 30 Apr 2012 10:28:35 -0800

Recently the Sacramento Bee reported about a 25-year old woman who visited a doctor for exhaustion. Although the doctor performed blood tests, he failed to follow-up concerning the results, which were abnormal. Two-months later, the woman was admitted to the hospital following a car accident, and the error was discovered.

The article asks at what point a physician should disclose medical errors. Unfortunately, medical errors and medical mistakes happen at an alarming frequency. Statistics provide that nearly 98,000 patients die each year due to preventable medical errors.

Many medical malpractice observers believe that if doctors were to admit their errors and apologize for their mistakes, the number of medical malpractice lawsuits would decrease. In fact, a Massachusetts hospital has just introduced a ““Disclosure, Apology, and Offer” approach, under which participating doctors and hospitals will commit to disclosing to patients when they make dire mistakes in treatment. They will investigate what happened; say how they’ll prevent it from happening again. And they will apologize and make financial offers to patients without waiting to be sued.

A representative of the hospital notes that the system hopes to change the approach to hospital error from a “reactive system” to a “proactive system.” “Where there’s denial, there will be an apology, and where there’s fear, there will be trust.”

The impact of an apology approach concerning medical malpractice litigation remains to be seen – those who suffer harm as the result of physician or hospital error are entitled to be compensated through the filing of medical malpractice lawsuits. However, this article and the hospital apology policies underscore another moral concern – patients who suffer harm due to physician error deserve an apology. As stated in the article “according to most major religions, most societal norms and most medical groups, health care providers are required to disclose and to apologize when they do something that harms or could harm another person. This is just human decency. Medical disclosure has two other advantages. It allows the doctor and the health care system an opportunity to look for the root causes of the errors to prevent recurrences in the future. Disclosure also allows for self-forgiveness and freedom from guilt.”

Jury Awards California Family $74 Million In Cerebral Palsy Case

Tue, 24 Apr 2012 08:13:57 -0800

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.

Settlement Reached In Cerebral Palsy Lawsuit

Tue, 17 Apr 2012 08:31:13 -0800

News reports that a family has just reached a $5.3 Million settlement with a New York area hospital stemming from actions surrounding the birth and delivery of their child. The child was born at 32 weeks and has been diagnosed with quadriplegic cerebral palsy. The lawsuit asserted that “not enough steps were taken to prevent this premature 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.

At Bostwick & Peterson, we have seen far too many instances of hospital errors and physician mistakes leading to life long birth injuries. If you believe your child has suffered a birth injury as the result of a medical mistake, your first step should be consulting with an experienced California birth injury lawyer.

Birth Injury Lawsuit Filed On Behalf Of Child Who Suffers From Cerebral Palsy

Mon, 09 Apr 2012 19:54:28 -0800

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.

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.

California Fumigant Linked To Birth Injuries Pulled From Market

Thu, 29 Mar 2012 10:22:35 -0800

According to California news, a company that makes a chemical fumigant that has been linked to an increase risk or cancer, miscarriage and birth defects has just pulled its product off the market. Arista LifeScience, which produces methyl iodide, was sued by environmental and farm-worker groups in a toxic chemical lawsuit alleging that regulators broke the law when they approved the product.

News reports that on the verge of a court defeat, the fumigant producer removed its product. In an explanation of his impending decision, Alameda County Superior Court Judge Roesch stated:

“California regulators broke state law in approving methyl iodide … by failing to take a close enough look at alternatives to the chemical or at the ramifications of not approving methyl iodide for use in California at all … the approval by the Department of Pesticide Regulation was not based on sound science.”

Roesch further commented that state regulators "cobbled together" different methodologies in order to approve methyl iodide, with "no evidence" to justify that process. Observers also noted that Roesch appeared to agree that the state hadn't adequately studied whether methyl iodide could harm developing fetuses in pregnant farm workers or in women who live near strawberry fields.

If you were exposed to dangerous chemicals that you feel caused your newborn's birth defect, consulting with an experienced California chemical birth injury lawyer is important to protect your rights and determine your next steps.

Birth Injury Lawsuit Filed After Woman Given Oxytocin To Induce Labor

Wed, 21 Mar 2012 10:03:10 -0800

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.

New Technique Introduced To Help Muscle Control In People With Cerebral Palsy

Tue, 13 Mar 2012 09:14:03 -0800

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.

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.

Use Of Epidural Anesthesia Linked To Birth Injuries Such As Cerebral Palsy

Tue, 06 Mar 2012 11:24:36 -0800

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.

C-Sections Put Premature Babies At Increased Risk For Birth Trauma

Wed, 22 Feb 2012 09:46:26 -0800

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."

Study Concludes Induced Labor For Large Babies Reduces Chance Of Shoulder Dystocia Birth Injury

Wed, 15 Feb 2012 09:51:07 -0800

A recent birth injury research paper concluded that when a woman is carrying a large baby, inducing labor should be strongly considered to avoid birth trauma. According to the study, large-for-date babies are more likely to experience a birth injury if nature is allowed to takes its course instead of inducing labor.

In fact, having a large baby is one of the risk factors for a baby being born shoulder dystocia. Shoulder dystocia occurs when a baby's shoulder becomes stuck behind the mother's pelvic bone and if not taken care of correctly, can lead to a brachial plexus injury such as Erb's Palsy or a brain injury ( asphyxia or hypoxia) due to lack of oxygen or blood flow. In some severe cases a wrongful death may occur. If you believe your child has suffered a birth injury as the result of medical negligence, it is important to speak to an experienced California birth injury attorney immediately to answer your birth injury questions and determine your next steps.

Here, the research found that for fetus’ estimated sonigraphically to be above the 95th percentile for weight, adverse events such as shoulder dystocia were three times more like to occur than if labor was induced. This study confirmed earlier studies suggesting that inducing labor may lower birth was and decrease the chance for should dystocia, brachial plexus injury and death.

This study will bolster what is already well established in the medical community, i.e. that delivering a very large baby or a mother with a small pelvic opening may lead to this birth injury. Where a doctor fails to take action to prevent this birth injury from occurring, he or she may be liable for medical malpractice and be responsible for paying damages to cover a lifetime of care.

Study Reveals Many Doctors Who Make Medical Mistakes Escape Punishment

Wed, 08 Feb 2012 09:02:29 -0800

According to a new research medical error study published by Public Citizen, many states fail to adequately discipline their doctors even after they have been found liable of committing serious medical mistakes, including medical malpractice. The state with the worst record of doctor discipline is Minnesota, further complicated by the fact that members of the public don’t have access to critical background information concerning a physician's past history of mistakes. Even states such as California, whose failure to discipline doctors has been well documented, provides a database available to the public to determine whether a particular doctor has been found liable for medical malpractice.

The Medical Board of California’s Physician License Look-up provides critical information such as:

• If a physician has been discipline or accused of wrongdoing by the board
• If a physician’s practice has been temporarily restricted or suspended pursuant to a court order, and
• If a physician has been disciplined by a medical board of another state or federal government agency

As a result when a medical error occurs, such as an avoidable delay in delivery that causes a birth injury, and a doctor is disciplined, the state board should provide a record of that malpractice. If you have questions concerning your physician, or believe you or a loved one may have been harmed by medical malpractice, consulting with an experienced California medical malpractice attorney promptly is important to ensure your rights are protected.

Cooling Therapy Program At UC Davis Reaches Milestone For Helping Infants Suffering Birth Injuries

Wed, 01 Feb 2012 09:13:11 -0800

UC Davis Children’s Hospital has reached a milestone in its effort to help children born after birth affixia – the lack of oxygen at or near birth. After first instituting “cooling therapy” in 2009 as a technique to help babies suffering from birth injuries, Children’s Hospital has now successfully helped more than 50 infants with this method.

Cooling therapy is a technique used that is designed to reduce long-term neurological damage following birth asphyxia – also known as hypoxic ischemic encephalopathy (HIE) – which occurs when the the flow of oxygen to a baby’s brain is reduced or cut off completely. This may occur for a variety of reasons, 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.

Brain cooling therapy works by reducing an infants core body temperature which then slows secondary damage to healthy cells in the brain after an initial brain trauma. By beginning to cool infants as quickly as possible after an injury, physicians at Davis have been able to improve the lives of infants born with brain injuries by lessening the degree of developmental delays they experience.

Optimally, cooling therapy is given within the first 6 to 14 hours of life to infants who show signs of fetal distress, such as an Apgar score below 5, an altered state of consciousness and require artificial ventilation.

As stated by one doctor, it is hoped that “induced hypothermia will result in fewer infants with devastating lifelong disabilities.”

Large Birth Injury Settlement Reached In Florida Cerebral Palsy Case

Tue, 24 Jan 2012 09:50:15 -0800

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.