This is perhaps most apparent in cases like the one discussed in a recent Pioneer Press story where twins were born with one being completely healthy and the other being inflicted with cerebral palsy. It seems particularly cruel to consider that both children, born at essentially the same time, will have completely different challenges, abilities, goals, and struggles throughout their lives. There are no easy answers to questions about the ultimate meaning and purpose in these situations. All that families can do is take each day as it comes and work toward the future, instead of dwelling on the past.

The inspirational Pioneer Press story explains how the two brothers—one with cerebral palsy—grew up together and bonded even though they each faced different challenges. One of the brothers happens to be well-known actor Ashton Kutcher. His twin brother, Mike, recently gave an inspirational speech to a group of high school students about what life was like growing up with cerebral palsy with a brother who was completely healthy.

Mike Kutcher explained that he was born shortly after his brother, weighing six pounds less, becoming over-oxygenated while in the womb. As the boys got older, their mother noticed that Mike was more sluggish than Ashton. Eventually Mike was diagnosed with mild cerebral palsy. From an early age he had trouble with physical tasks on the right side of his body. He is 80% deaf in his left ear and has had two cataract surgeries. At age 13 he discovered that his heart was giving out. Three weeks later his heart went out. His parents were faced with either letting him go or trying a heart pump that might extend his life by 48 hours. They chose the pump. Amazingly, 24 hours later a donor heart arrived. The transplant took. Even though the transplant was supposed to last seven years, he has so far survived 20 years with it.

However, despite all of this, Mike insists that he works hard not to use his disability as an excuse not to reach for his goals. He explains his life philosophy today, “He will try. Sometimes, he’ll miss. Other times, he’ll succeed.” Trying is 90% of the battle.

Growing up following a birth injury of any kind is difficult. There is no way around that. That is particularly true for those with combination physical and cognitive impairments, like cerebral palsy. However, as this story explains, and our Illinois cerebral palsy attorneys appreciate, one isn’t destined to any future based on the challenges they face at birth. Every child has the potential to do great things and impact the lives of those around them, no matter what challenges they face. What matter is what families do after the birth to give their loved one the best chance possible to grow, learn, and reach their potential. We remain proud of the work that we do helping families in these situations ensure that their children have access to the full range of support services necessary to live fulfilling lives.

See Our Related Blog Posts:

Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

Of course, many other birth injuries occur as well. For example, This Is Plymouth News reported this week on the death of an infant caused by a misplaced oxygen tube. The child was two-months old at the time of his passing. An investigation into the situation was recently concluded by public officials, and the group determined that medical errors were the main cause of the death.

The child had a problematic birth and development from the start. The birth itself took place at a specialty hospital, because doctors discovered earlier that some of the child’s organs were growing outside of his body. Just a few days after his birth he underwent a successful operation to correct the problem. The surgery went well. In fact, his condition continued to improve and his medical situation was eventually upgraded to stable instead of life-threatening. About two months after his birth he was transferred to a different hospital. He was on a ventilator, but doctors expected him to recover.

At the new hospital the neonatal intensive care unit was charged with giving the child close attention. However, in the middle of the child’s very first night at the facility, a problem developed. The child’s breathing tube became dislodged, moving from his windpipe into his esophagus. The medical team tried to correct the problem, but they did not use appropriate measures to make sure that the tube was properly put into place. The tube was eventually removed. A specialist was called, but by the time he arrived the damage was too severe. The lack of oxygen had caused permanent brain damage to the child. The boy died shortly after.

According to the article the lead investigator in this case explained that “individually competent people failed collectively in this critical situation.” Our Illinois medical malpractice lawyers appreciate this statement as a good explanation for what happens in many of these situations. Most medical professionals are incredibly competent, hard-working individuals who do their best to help those in need of their services each and every day. However, even competent individuals can make mistakes. The chance of those errors are even higher when the mistake is a “collective” mistake—one that involves several members of a medical team failing to act together in a way which would have provided the best care and have prevented the harm that befell the patient. Filing a lawsuit or simply seeking basic recourse in these circumstances is not a condemnation of the overall competency of each individual involved. Instead it is a basic legal assessment about the rights of an individual victim in an individual case to seek compensation for the losses sustained as a result of unreasonable care in a particular instance.

See Our Related Blog Posts:

Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

On one hand, those with the condition often need close medical care and support virtually around the clock. As everyone knows, medical bills can pile up quickly, and so the costs often reach high amounts quite quickly. In addition, beyond medical care, those with cerebral palsy often flourish most notably when they are surrounded by a strong support team, trained to ensure they are able to learn, grow, and perfect their social skills as much as possible. Receiving proper support in these areas comes at a cost.

It is not easy to find quality caregivers that a family can trust. Trust is an essentially ingredient with it comes to aid workers for all those with special needs. A very real concern of many parents whose children have been hurt by a birth injury is the fear that those hired to help the child will take advantage of their vulnerabilities. Each Chicago injury lawyer at our firm knows that this is a very real concern, because many unscrupulous individuals use the weaknesses of others in order to benefits themselves. Families are well-heeded to keep the risks of abuse in mind when settling upon support services for loved ones who have unique vulnerabilities.

For example, FA News reported this week on a criminal case involving a financial advisor who apparently took advantage of a client who had cerebral palsy. According to the report, the advisor was recently sentenced to four years in prison for stealing more than $1 million from his client. The funds had been set aside in a trust account to support the child who suffered from cerebral palsy. Most of the money in the trust was earned after a medical malpractice settlement awarded the family $3 million to pay for the child’s expenses throughout his life. The funds were then dispersed to the mother and family on a monthly basis, depending on the child’s specific medical needs.

It seems that the family was set to receive about $6,300 per month for a range of services for the child. However, instead of dispensing that amount, the advisor only gave the parents around $1,000 a month. The rest was used for his own purposes—including buying himself a house. This shorting of the family went on for at least a nine year period. Once the financial crimes were uncovered the man was forced to pay the family restitution in an attempt to get back all of the funds that were lost due to his misdeeds.

This case is a stark reminder of the need for all families to be particularly diligent about whom they trust with professional services. This is particularly true when one is deciding upon caregiving for vulnerable family members, like those with cerebral palsy. It is vital to obtain services from one who you feel comfortable and who you believe you can trust.

See Our Related Blog Posts:

Cerebral Palsy Primer: What It Is & When It Arises

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

As explained in the IB Times, this situation raises whole host of issues, and our Chicago birth injury lawyers know that many community members will be asking very tough questions about this situation in the coming weeks and months. The recall is essentially an intersection of product liability cases, health law, and basic negligence. Injury lawyers across the country will likely be working hard to understand how the law might apply in these cases, depending on the specific harm caused by the mix-up.

Of course, the “harm” that might occur in these cases is an unplanned pregnancy. Each Illinois birth injury lawyer knows that while it is perhaps illogical to use the word “harm” in this case, it is certainly appropriate for those who purchase and use a pill to prevent pregnancy to seek recourse when basic errors on the drug company’s part mean that pill did not act as intended.

In some ways this is uncharted territory as far as the law is concerned. A local law school professor at the University of Loyola School of Law’s Beazley Institute for Health and Law Policy explained, “I’m not aware of any cases where a wrongful conception suit is brought against the manufacturers of contraception.” Wrongful contraception cases are filed when a person or business failed to act reasonably which leads to a pregnancy that otherwise would not have occurred.

It may come down to an argument about odds. No contraception promises 100% prevention of births. However, the effective rate certainly changed dramatically depending on the active ingredients in a pill. A placebo would offer no protection.

It is far too early to give any clear answers about the legal ramifications of this recall. Much more will be parsed out in the future as the realities of the situation crystallize in the form of real injury lawsuits and legal expert gather information to make claims for recovery. A lot also depends on how Pfizer seeks to respond to the situation. Depending on how much the company steps up to accept accountability for the error, if may become easier for victims to be easily and quickly compensated in a fair way. In all cases, however, anyone who suspects that they may have an unwanted pregnancy or was otherwise affected by the recall should seek out legal help as soon as possible so that one’s rights are preserved. Timing matters in these situations, so there is nothing to gain from waiting before seeking out proper legal representation.

See Our Related Blog Posts:

Family of Injured Boy Seeks Approval of $30M Award in Birth Injury Lawsuit

Doctor’s Failure to Treat Jaundice Causes Baby to Suffer Cerebral Palsy Birth Injury

The family soon learned that the girl was born with a severe brain injury—cerebral palsy—and would need constant care throughout her life. Over the years the family has been to countless doctors, therapists, and other medical experts. They knew that something went wrong during the birth, but they did not know that there was anything they could do after the fact to hold those involved accountable.

Now twenty eight years old, the woman lives at an assisted care facility. She works at a candle manufacturing plant. He parents still provide close care, driving her to work and providing aid with basic tasks, like getting dressed and undressed. As the child (now woman) aged the family began worrying about what would happen to her once the parents were gone. That is why they eventually sought out the help of a birth injury lawyer. The lawyer initiated a suit which ultimately lasted over eleven years.

Finally, after the prolonged legal battle, a jury ruled that the girl’s injuries were caused by medical negligence which allowed her to be deprived of oxygen for a prolonged period of time while in utero. More specifically, the court ruled that a nurse did not properly monitor the child’s heartbeat. The jury returned a verdict for the family for $8.5 million.

Our Illinois cerebral palsy lawyers know that many families in our area have the same concerns. Victims of these birthing problems—particularly when a brain injury accrues—often need lifelong care. They frequently need assistance with the most basic essentials of life. Of course, the injured child’s family usually provides the services that are needed for the victim to get by each day. However, there is the problem of what happens when the individual’s support group is no longer around. Parents always assume that their children will out-live them, and so those parents who are providing care to children with various injuries are understandably concerned about that happens when they are no longer around.

When the underlying medical problem was caused by negligent care received at birth, than a medical malpractice lawsuit demanding redress for the costs of the error is reasonable. These suits are often important ways for families to ensure that their loved one will receive the best care possible down the road—when the parents have moved on. If you or someone you know is in this situation in our area, there is little to lose by at least visiting an Illinois birth injury lawyer, sharing your story, and seeing if anything can be done.

See Our Related Blog Posts:

Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

A recent Southeast Missourian story discussed the role of doulas, and the way that they work to help women have good pregnancy experiences and deliveries void of birth injuries. Most community members have likely never heard of the term before, and are unfamiliar with how it differs from a midwife. One local doula claims that she has perfected the two sentence soundbite to explain the profession, noting:

“I’m there for hands-on physical, emotional, and educational support before, during, and after childbirth. I’m kind of like a paid labor coach. I explain the process more than the doctor has time for and remind moms what they learned in childbirth class.”

This particular doula explains that she started in the profession because she herself had a bad birth experience. Our Chicago birth injury lawyers have learned that many midwives first became involved in the practice the same way—following a birth injury that they suffered themselves. The doula noted that in her case she wanted a natural birth but did not educate herself enough about what that meant. As a result her pregnancy ended with an induced birth, the use of forceps, and episiotomy, and severe postpartum depression afterwards.

Following her personal ordeal the woman decided to help others avoid her mistake. She began studying about osbtetrics, midwifery, and breast-feeding. She was eventually certified by the Childbirth and Postpartum Professional Association. She now serves as a doula as well as an independent childbirth educator and certified lactation consultant.

She explained that once she is hired by parents as a doula she works alongside doctors and nurses in the hospitals or a midwife in the home during the birth. During the birth she helps the mother to find her “zone,” staying calm, and remembering what she had learning about proper breathing. Beyond the actually aid and comfort during the delivery, the doula also spends much time helping before and after the birth. She meets with parents to discuss the birthing plan and coping mechanisms. The doula helps during the “pushing” part of the birth and then a few hours after the birth to ensure that the mother is doing alright and that the breast-feeding is going well. In addition, the doula makes a few visits to the family after the birth to check on the breast-feeding, discuss the overall birth experience, and screen for postpartum depression.

The doula urged readers to consider having help through the process. She explained that historically the role was performed by mothers and sisters. However, with changing times that family network is often unavailable in these situations. The doula believes that she helps make the life of the doctors or midwives easier, and acts as a vital resource for both mothers and fathers.

See Our Related Blog Posts:

The Connection Between Birth Defects and Antidepressants

Birth Injuries – Could There Be a Link to Autism?

Unfortunately, many families do not receive compensation and resources to care for their loved one—even when it was caused by the mistakes of another. In these situations, the children suffering from injuries like cerebral palsy fail to have access to the different resources they need to grow and learn as much as possible. Many of these children never reach their potential, often failing to live as independently as they might down the road.

Our Illinois cerebral palsy attorneys are encouraged by the progresses that have been made in recent years when it comes to treatments and therapies for those suffering from cognitive problems, such as cerebral palsy. Many novel approaches are helping youngsters with a range of disabilities. For example, the NWI Times reported on a therapeutic riding program that assists children with special needs. The program is known as “hippotherapy.”

The article shares the story of one little girl who was born with cerebral palsy. Before she began participating in the therapeutic riding sessions she could not walk and was unable to sit on a horse alone. Now, after frequent participation in the program she is able to sit on the horse alone, steer, and groom it. Amazingly, not long ago volunteers at the facility also saw the girl take steps unassisted for the first time in her life. The girl’s mother admitted, “There are a lot of pieces to the puzzle, but I really think the hippotherapy was a major part in my daughter’s walking.”

The particular hippotherapy program serving the girl is close to the Chicagoland area, in Michigan City. The program, known as Reins of Life, has offered these therapy sessions since 1978 and serves about 100 students each week. Children with cerebral palsy are not the only ones who participate in the effort. Program organizers explain that those with autism, ADHD, and others conditions have also benefitted from the sessions. The director explained that they teach riding skills but also help with emotional, social, physical, and cognitive goals. Family members of the child participants report that the sessions often provide a needed self-esteem boost for participants.

Not all children with cerebral palsy can be guaranteed certain advances simply by following a single set of therapies. Not enough is yet known about the condition to say for sure what will work and what wont in every case. However, it is clear that nothing will work if the child and his or her family do not have access to resources to pay for various treatment options. Providing the resources needed to do these things is an important part of our work.

See Our Related Blog Posts:

Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

Usually family members only learn about all of these things after their loved one is born with the condition. Fortunately, there is essentially an endless array of resources for families on the topic—because there are now so many families in this situation. One of many in-depth, online spaces for families to turn to from the start is CerebralPalsy.org. The website offers an incredibly wealth of information about the condition, its causes, care plans, and much more. It also includes a list of inspirational stories so that families can gain a sense of perspective.

Of course the website goes though a list of basic information about how cerebral palsy developments, risk factors, forms of cerebral palsy, symptoms, and prevention. In addition, a comprehensive list of care topics are explored, including care at home, special education programs, and legal services. The CP Blog, which is connected to the website, is also a helpful place to check from time to time to share information about your own circumstances and to interact with others.

The site also discusses the “My Child” program which acts as a guided resource throughout a child with cerebral palsy’s development. The program is essentially a customized caregiving plan that works individually with each child based on their own unique abilities and challenges. In this way, it helps families feel secure knowing that their own child is developing as strongly as possible throughout their childhood.

While help exits to guide parents and children through the process of growing up with cerebral palsy, the help often requires resources. Many families simply do not have the resources to provide the best care or receive the best aid for their children. However, when the condition itself was caused by the errors of another—hospitals, doctors, nurses—then it is only natural for those negligent parties to provide the resources necessary for the child to receive the best care available. Our Chicago cerebral palsy attorneys have worked with countless families in this exact situation. There is nothing to lose form contacting a legal professional to see what might be done in your case.

See Our Related Blog Posts:

Understanding Cerebral Palsy

Birth Injuries Often Have Lifelong Consequences

In discussing the issue the article shares the story of one young boy who was born in severe distress. His body was limp and he was not breathing when first born as both of his lungs had collapsed. Fortunately, the medical experts in the neonatal unit at the hospital knew just what to do and went into immediate action. A breathing tube was quickly inserted and chest x-rays were taken. In addition, the child was placed in a clear acrylic box and was rushed to a nearby Children’s Hospital. Interestingly, during the 13 mile drive to the other facility, the child ambulance crew was instructed not to turn on warmers or to swaddle the baby. The child’s temperature needed to be a cool 92.3 degrees when he arrived—six degrees lower than a normal body temperature.

The story explained that to halt the harm of hypoxia—insufficient oxygen reaching the brain—the child’s body needed to slow down. This reduces the body’s overall demand for oxygen, allowing it to operate on less energy. The cooling process slows down the body, buying the medical team more time to correct the underlying problem and preventing cascades of brain damage. Failure to do this often means that the lack of oxygen leads to cell death which ultimately causes irreversible brain damage. Our Chicago birth injury lawyers have worked with many families whose children have suffered that exact harm.

As the story explains, this oxygen deprivation is the leading cause of cerebral palsy. Nearly ten thousand children are born with the condition each year. Experts explain that such oxygen deprivation has a myriad of causes. The placenta can peel away from the uterine wall too soon, the uterus can rupture, the uterus can be infected, or the umbilical cord could get caught around a baby’s neck. No matter what the cause of the hypoxia, it is vital that caregivers act as quickly as possible to discover the situation and take action.

That action often requires cooling. For example, the boy in this case, after arriving at the second hospital six degrees cooler than normal, was immediately prepped for a hypothermia cooling procedure. He was placed in a clear plexiglass bassinet and wrapped in a specially made blanket with tubes to circulate cooled water. He was ensured proper nutrition during the process and turned every two house to ensure proper body circulation. This process lasted for three days. In this case, the cooling was a success and the boy did not suffer any permanent brain injuries.

Induced pediatric hypothermia was approved by the FDA for use about five years ago. However, it is not yet a universally used process. It is important for all those interested in these issues to follow along as news continues to develop about the overall efficacy of these cooling procedure. If it continues to show positive results, hopefully more caregivers will recognize its benefits and implement it into normal routines.

See Our Related Blog Posts:

Family Awarded $4.5 Million Following Birth Injury Lawsuit

Family Receives $1.5M Settlement for Birth Injury/Wrongful Death Lawsuit

An interesting new study reported in The Conversation blog yesterday suggests that many mother may actually underestimate the risk of needed intervention during their birth. The story explains that most women assume that odds are they will go through labor without needing any special intervention. However, new data suggests the opposite to be true. The authors note the “the disconnect between expectations and evidence means that new mothers may not be making informed and appropriate choices about the type of care they should get during pregnancy and where they give birth.”

Per the research, a medically uncomplicated birth was one with labor that starts naturally and does not require the use of special devices like forceps, suction cups, or necessitate C-section birth. The definition did call for use of pain relief measures like an epidural. In addition, skin tears or cuts were also not deemed to signify a complication. Expectant mothers, obstetricians, midwives, and medical students were all asked to predict the percentage of woman who would experience an uncomplicated birth, devoid of the above interventions or birth injuries.

Data using the same definitions above found that, amazingly, only one in five first time mothers would have an uncomplicated birth. A much smaller number—8%--would have a birth that also did not involve a vaginal tear or cut.

So how close were the guesses to the actual statistics?

The average guess from all participants was over 48%--more than twice the actual percentage of mothers who have an uncomplicated first time birth. The expectant mothers themselves were the most incorrect, guessing that 56% of women would not have complications. Medical students at the beginning of their training were just slightly better, estimating 53%. Medical staff members were closest to accurate at 38%, but they were still more than 17% off the actual mark.

Our birth injury attorneys were interested to read that the study’s authors speculated that the perceptions of mothers is likely caused by inaccurate data they receive from health professionals, media, and social contacts. Although others suggest that the problem is also that the intervention rates themselves are too high, unnecessarily driving up the disconnect between perception and reality.

See Our Related Blog Posts:

Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

The hospital profiled in this story worked hard to cut the rate, knowing that the issue was a difficult one. On one hand expectant mothers appreciate the availability of options in front of them. However, C-sections come with increased risks and a cost that is almost twice as high as that for regular vaginal births. Weighing the costs (health and financial), the hospital set a target of reducing the rate of surgical births from its current 30% rate to 25%. The hospital performs about 3,000 births a year, so reducing the level by 5% amounted to performing about 150 fewer C-sections each year.

To meet that goal the hospital considered a range of proposals. Those efforts included tightening policies for inducing childbirth for those past due and better educating patients about the benefits of vaginal births—even after having a previous C-section. After implementing the efforts the hospital reported that C-section rate was down the 5%, to their target of 25% overall. In one month the rate was down to 22%. Our Illinois birth injury attorneys know that this is a positive step which seems to involve the proper balancing of the best interests of the mother and child.

With just this one modest effort in one hospital, at least $70,000 was saved. When those benefits are multiplied in other areas, it is easy to see that significant funds can be saved while actually making patients safer and limiting preventable birth injuries.

Many advocates also believe that midwives might play an important role in getting the overall C-section rate down. Of course midwives play a growing role in natural childbirth. C-section rates among midwives are consistently lower than others. However, clients of midwives are highly motivated for natural birth, which likely skews the results. In general, midwives have C-section rates closer to 15% (as opposed to national rates which are nearing 40%). The World Health Organization actually recommends that the rate be around 15%. Of course, from a legal perspective midwives are held to the same standard of care of reasonableness which medical professionals are held. Deviation from that standard of care—if injury results—is often the basis for legal recovery. Having access to the legal system in all of these situations is critical, because the lifetime of costs from preventable birth injuries is often significant. When mistakes are made which leads to the harm, it is only logical for the one who caused the harm to play in role in ensuring the victim has access to the resources needed to recovery as much as possible.

See Our Related Blog Posts:

Dramatic Rise in Cesarean Births
Report Finds Recent Rise in C-Section Births

When it comes to actually going into a Chicago birth injury trial, all that matters are the actions (or lack of actions) of the individuals and companies involved in that particular case. However, when discussing birth injuries generally and the need to limit their prevalence, the discussion must be about system-wide changes. Individual mistakes directly results from human errors, but systematic problems within our healthcare system can often be thought of as part and parcel of each individual error, because those systematic problems often create environments where those mistakes become more likely.

This was the point of a recent Huffington Post story about the need for hospitals to be “safety first” environments. The article was written by a Medicare advocate who dedicated the article to the child of a personal friend whose daughter was born with debilitating injuries due to medical malpractice during her birth. The child had severe disabilities throughout her entire life and died recently at twenty seven years old.

The author reminded readers that these preventable injuries occur much more often than the public assumes. Ever since the landmark 1999 federal study (To Err is Human), however, those involved in the industry have known that tens of thousands of patients die each and every year because of mistakes made by their medical providers—including mothers and children during childbirth. The report suggested that just shy of 100,000 people died each year that otherwise would have survived had the medical care they received been up to the basic levels. Unfortunately, as the author notes, in the thirteen years since that study, few major changes have been made to actually address the underlying problems that were revealed. Instead of focusing on improvements with safety as the first priority, the healthcare industry has in some ways changed such that errors are more likely.

For example, many hospitals have been downsized and consolidated into vast complexes. In this way they are run like businesses, with profit maximization as the goal. It should not be too difficult to see how hospitals and businesses have wildly different goals. Businesses are always driven to cut costs, balancing inferior products with the market demand for cheap goods. Conversely, when hospitals act in this way—by cutting services and overextending staff members—patients ultimately receive worse care than they otherwise would. This doesn’t mean that the involved individuals ever intend to commit mistakes, but the pressures faced upon them increase the risk that potentially deadly errors actually occur. When insurance pressures are added to the mix, the risks of mistake increases even more. These companies increase co-pays, deny coverage, and then cut payments to doctors for services provided.

All discussions about preventing medical mistakes must take these system-wide problems into account.

See Our Related Blog Posts:

Birth Accident Lawsuit Reveals Extreme Emotional Pain Associated with Loss

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy

Neither is true

For one thing, the average jury verdict is much smaller than the massive multi-million dollar decisions that often causes outrage. Some cases reach that amount, depending on the specific facts of the situation, but many do not. In addition, plaintiffs do not always win trials. After all, in any case plaintiffs have a higher burden of proof. Therefore if a jury member hears the evidence and is genuinely split 50-50 as to whether the defendant acted negligently, then they are obligated to find no liability. Contrary to what tort reformers would have you believe, trials often result in a verdict for the defendant—it simply depends on the specific of a case and the available evidence.

For example, the TC Palm News reported last week on a birth injury lawsuit that had been filed by a mother on behalf of her son. The suit alleged that the hospital which provided her care during her birth was negligent, leading to a birth injury which caused her son’s permanent disabilities. The family was seeking recover for the three-year old son, who will need close, lifelong care, because the family believes that the doctor did not adequately monitor the mother before she delivered the child via C-section. Tissues in the mother’s reproductive organs tore before the birth, which endangered the life of the child and mother.

In medical malpractice cases (and all tort cases), forseeability is an important concept in determining whether or not a professional was actually negligent. If a certain outcome was simply not forseeable, then the involved actions are unlikely to be deemed negligent. The main issue in the case was whether the tear in the mother’s tissue was foreseeable. As is often the case in these cases, experts testified explaining both sides of the situation. Both sides were then able to question the other side’s expert so that jury members could see if there were any inconsistencies or weakness in the information provided. From there they were able to ultimately decide whose version they found more credible. In this particular case the jury ruled that the tear in the tissue was unforeseeable, or at least that unforeseeable beyond a preponderance of the evidence. Either assessment required no liability finding.

When it comes to trial practice, having an experienced attorney can make all the difference. The evidence cannot be changed, but it is still very important that the available evidence is presented to a jury in the most appropriate and clear manner. Failure in this regard often means that cases are lost which otherwise should have provided justice for a victimized family. If you are going through the process of deciding upon an attorney to take your case, be sure to examine the legal team’s past records and experience levels to ensure that you will be putting your best foot forward from the start.

See Our Related Blog Posts:

$144 Million Birth Injury Verdict & Talking Points Against Tort Reform

Chicago Birth Injury Lawsuit Ends in $7.5 Million Settlement

The slight reduction in these births, experts claim, can be attributed to an awareness campaign that is working to share information about the risks of alternatives to natural birth. The goal is that all expectant mothers will learn about the value that a few extra weeks of gestation has on the health of a newborn. Sometime a child needs to be born before 39 weeks gestation for medical reasons. However, when there is no clear medical necessity, electing to birth the child early usually has more risks than potential benefits. The health consequences are the most important, but financial issues are also at play. Early elective births are more expensive than other options, and with no need for the early election it is difficult to justify the expense.

A new report from The Leapfrog Group suggests that early induced labor and C-section rates are dropping—but only very slowly. However, even avoiding an increase in these rates should likely be viewed as a positive step. According to the report, which examined data from over 750 hospitals nationwide, 39% of hospitals met their target reduction plan in early births. The target was to reduce early elective deliveries to 5% of total deliveries. The fact that roughly 4 out of 10 participating hospitals were able to do that is encouraging. That is especially true because the average rate from the year before was 30% of all birth. Even those that didn’t’ quite meet the target saw some improvement with 65% of all hospitals showing decreases in 2011 from 2010. It remains unclear whether there was anything about the participating hospitals that are different from hospitals nationwide.

In the past many OBs have made the mistake of sacrificing child development in the 37th to 39th weeks of pregnancy in exchange for having more control over the delivery time. In the end, this is a mistake that may lead to increases in overall birth injury rates. It is also a mistake for doctors to pressure woman into having an induction. As the executive director of Childbirth Connection explained, there is “no reliable national data [showing] that woman’s demands [are] driving” the increase in induction rates.

Our birth injury lawyers understand that at the end of the day the absolute best delivers are those that occur naturally without early election or surgery. Medical technology advances which allow alternatives are fantastic for those mothers who for various reasons may have too many risks with natural birth. However, the benefits of these techniques for some does not mean that they are worthwhile for all. In fact, just the opposite is often true. C-sections and early elections can increase risks of either the child or mother suffering a birth injury. All local families are advised to be fully aware of this when working with their doctor to chart the best course of conduct for their pregnancy and delivery.

See Our Related Blog Posts:

Dramatic Rise in Cesarean Births

Report Finds Recent Rise in C-Section Births

Large jury awards are often scoffed at by some who don’t understand how the process works. For one thing, those awards do not occur nearly as often as is believed. But perhaps even more importantly, the actual costs of dealing with the consequences of these birth injuries over the course of a lifetime reach high figures quite easily. Families who have children suffering from conditions like cerebral palsy, for example, can readily explain the costs that are associated with the extra care that the child victim needs.

Our Illinois injury lawyers firmly believe that it is the duty of those whose errors cause such injuries to pay for the consequences of their actions. Failure to do otherwise leaves these individuals (and their families) in incredibly tight situations, often depriving them of available opportunities to improve the victim’s quality of life simply because of a lack of resources.

Perhaps nothing demonstrates this more than legal steps that are being taken on behalf of certain individual with disabilities who are fighting to have basic concerns met by state officials. For example, Oregon Live reported that the United Cerebral Palsy Association of Oregon is joining a class-action lawsuit against the state. The suit alleges that forcing these individuals with disabilities to spend their days in “sheltered workshops” where they complete rote tasks for less than minimum wage should be ended. The advocates are concerned that these programs do little to provide actual training or advancement to these community members. This ultimately may have significant effects on the individuals’ quality of life and overall well-being. One of the named plaintiff described her day as one where she sits in a room with 100 other people putting parts into boxes, folding bags, and packaging gloves. At some points the woman receives less than forty cents per hour for the work.

As this situation demonstrates, many community members will disabilities like cerebral palsy are forced to engage in complex legal battles just to receive a reasonable level of care and have basic opportunities afforded to them. It is imminently reasonable for a family to demand that the individual and institutions who caused a certain disability to ensure that the victim receives the level of care they need without being forced to scramble to receive less than acceptable treatment at the state’s expense. Our birth injury lawyers strongly believe that this comes down to basic fairness, a concept that people on all sides can understand.

See Our Related Blog Posts:

Cerebral Palsy Primer: What It Is & When It Arises

Birth Injury Lawsuit Filed After Child Born with Cerebral Palsy