California Medical Malpractice Law Blog

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.

$1.8 Million Birth Injury Jury Verdict In Shoulder Dystocia Case

Tue, 17 Jan 2012 18:53:02 -0800

Recently, an Oklahoma jury awarded a child who suffered a birth injury and her family a $1.8 million medical malpractice verdict. The injury was the result of a shoulder injury received at birth called “shoulder dystocia.” Shoulder dystocia is a type of birth injury that occurs when a babies shoulder gets stuck behind a mother’s pelvic bone and if not taken care of correctly, can lead to a brachial plexus injury or other developmental delays.

If you believe you child has suffered shoulder dystocia or any type of birth injury, it is important to consult with an experienced California birth injury law firm. An experienced birth injury lawyer can provide crucial guidance concerning your next steps and answer your birth injury questions.

Reportedly in this matter, a doctor inadvertently ruptured the nerves in the child’s shoulder, rendering her left arm useless after the difficult delivery. According to reports, the doctor made several critical medical mistakes that led to the result. Evidence showed that the doctor used vacuum extraction after the baby became stuck and that the doctor pulled on the baby’s head – using excessive force to remove the baby. Other medical practices exist that would decrease the likelihood of this injury from occurring.

Unfortunately, shoulder dystocia is permanent and may lead to serious life long difficulties including having an arm with little functional use, living with the deformity of one arm being longer that the other and delayed development of fine motor skills.

When medical malpractice causes a birth injury, it may be possible to obtain compensation. Here, the jury determined that the doctor’s actions lead to the child’s harm and awarded $1.2 million. The jury verdict includes damages for past and future medical bills, potential lost wages and pain and suffering.

Jury Selection Begins In Medical Malpractice Birth Injury Case

Mon, 09 Jan 2012 11:48:29 -0800

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.

Incidence Of Kernicterus Difficult To Determine Based On Lack Of Reporting

Tue, 27 Dec 2011 19:47:50 -0800

A recent report details a lesser-known birth injury that is more common than previously thought, in part due to underreporting by the medical profession. Kernicterus is a birth injury caused by severe jaundice. Some of the initial symptoms include unusual sleepiness, lack of appetite and an unnatural skin color. Left undetected, kernicterus can cause devastating effects including severe brain damage. In order to avoid brain trauma, it is essential that jaundice be detected and treated immediately. The effects of kernicterus are irreversible and may include such debilitating effects as brain damage, cerebral palsy and speech, hearing and vision difficulties.

As stated in P.I.C.K., a website designed for families of children with this birth injury, kernicterus is preventable. Often, the signs of jaundice are present and a pediatrician following the requisite standard of care can take certain actions to prevent an infant from developing this potentially debilitating birth complication. If you believe that your infant developed kernicterus as the result of a medical mistake during labor and delivery, it is important to speak to an experienced California medical malpractice lawyer as soon as possible to answer your birth injury questions and determine your next steps.

When a child is born who has signs of jaundice, certain preventative actions exist that may decrease or eliminate the risk of your child developing kernicterus. Examples of preventative actions include testing the bilirubin level of the baby. Bilirubin is a substance contained in the blood. If its levels become too high, it can cause significant damage by spreading into the tissues of the brain. When medical staff fails to recognize the signs of jaundice or delay taking action, they may be guilty of medical malpractice.

Babies Born With Very Low Birth Weight Linked To Cognitive Delays As Adults

Mon, 19 Dec 2011 22:18:19 -0800

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.”

Prenatal Steroids Lower Risk Of Birth Injuries In Premature Infants

Mon, 12 Dec 2011 20:06:15 -0800

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.”

Birth Injury Medical Malpractice Case To Settle For $2.8 Million

Mon, 05 Dec 2011 10:28:42 -0800

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.

$1.8 Million Award In Shoulder Dystocia Birth Injury Case

Mon, 28 Nov 2011 11:51:40 -0800

This past week a $1.8 million medical malpractice award was made to the family of a girl who suffered a birth injury. According to Omaha News, the girl’s left arm is “effectively paralyzed” after suffering ripped and ruptured nerves during her June 2008 delivery. Her birth injury – called shoulder dystocia – occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone. When not correctly resolved, the situation can lead to a brachial plexus injury or a brain injury due to a lack of oxygen or blood flow. The birth injury may lead to developmental delay, including mental retardation and cerebral palsy. In certain situations, the failure to treat shoulder dystocia correctly or to prevent the condition from occurring where warning signs are presents may constitute medical malpractice.

If you believe your child has suffered a birth injury such as shoulder dystocia as the result of medical malpractice, it is important to speak to a knowledgeable California birth injury lawyer who can answer your birth injury questions and provide critical guidance concerning your next steps.

According to evidence presented in the case, the infant involved in the case, Chaylee, was large. During the delivery, the doctor unnecessarily used a vacuum to help Chaylee through the birth canal. When Chaylee became stuck, the doctor then pulled on the baby’s head, causing serve nerve damage and rendering Chaylee’s left arm nearly useless.

Research Provides New Links Between Brain Injuries And Premature Birth

Mon, 21 Nov 2011 12:32:12 -0800

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.”

Medical Malpractice Website Reopens

Sun, 13 Nov 2011 17:29:00 -0800

In response to weeks of protests, the public database containing information about individual doctor's records of medical malpractice and disciplinary history has reopened. The National Practicioner Data Bank's public use file is now back on line, although with some significant new limitations. Now, anyone using the public files - such as journalists - must agree in advance not to share the data obtained or use anonymous information to identify individual doctors. Critics believe such a caveat is unworkable and exceeds the legal authority of the Health and Human services agency overseeing the Data Bank.

Currently, the data bank contains "anonymous" information about doctors who commit medical malpractice, such as individuals responsible for causing birth injuries. The information was taken off line after learning that it was possible to identify dangerous doctors from data bank information. However, determining which doctors place patients in harms way and commit medical errors is a significant pubic benefit.

As stated by a patient safety advocate, "The exclusion from access by reporters doing important investigative work..is unacceptable…Reporters will now have to agree to forgo this important, painstaking research they have previously done to bring more information to people about their doctors." For years, journalists have used the public database to help identify doctors who have long histories of medical malpractice and push for reforms and actions by state medical licensing boards. In fact, reports indicate that several California doctors with lengthy histories of medical negligence have not been disciplined by the state licensing board, allowing these doctors to continue practicing and putting patients at risk.

Exposing doctors who continue to practice despite a history of medical errors is a great benefit to patients and their families when choosing a doctor.

Research Provides Hope In The Prevention Of Cerebral Palsy

Mon, 07 Nov 2011 08:35:03 -0800

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.

Family Of Teen Who Suffered Birth Injury Wins Medical Malpractice Suit

Tue, 25 Oct 2011 09:35:57 -0800

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.

Brachial Plexus Injury Awareness Week

Tue, 18 Oct 2011 08:54:23 -0800

This week – October 16-22 – marks International Brachial Plexus Injury Awareness Week – a week devoted to raising awareness about this lesser known birth injury. Brachial plexus injuries – also known as Erb’s Palsy - generally occur during the birthing process and are characterized by weakness in the arm, loss of feeling in the arm and partial or even total paralysis of the arm.

Thousands of newborns are affected by this birth injury each year, with statistics estimating that brachial plexus injuries occur in 2 to 5 out of 1,000 births. Brachial plexus injuries result from damage to nerves in the neck that affect the arm, shoulder and hand movement. These injuries may be caused by the stretching of nerves around the shoulder during birth, often the result of extreme force being applied through the pulling of a newborn’s arm or head during birth. During breech deliveries, excessive pressure on raised shoulders may also cause this birth injury. In nearly all cases, the health care provider who delivered the baby caused the injury. If your infant has sustained a brachial plexus injury, it is important to contact a knowledgeable California birth injury attorney to investigate what happened and determine your next steps.

Several factors point to an increased risk of an infant sustaining a brachial plexus injury, and by taking appropriate precautions, health care workers may be able to avert this injury.

Premature Infants At Higher Risk Of Death In Young Adulthood

Tue, 11 Oct 2011 09:38:37 -0800

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.