Raising a child with disabilities can have enormous costs for the family. Beyond the cost emotional, mentally and physically, the financial burden can be tremendous as well. Even with health care insurance and even government assistance, there are many out of pocket expenses that are just not covered. Specialized Medical Equipment Necessary To Care For Disabled Children Depending on the severity of the disability, there are many devices and equipment that may be needed to properly care for a disabled child. Keeping in mind that a disabled child may never be able to be on their own, these are ongoing costs that can be for the entire life of the child. Some equipment that may be needed: Wheelchairs, walkers, braces and other mobility equipment Protective gear, such as helmets, guard rails and car seats Special bedding, mattress protectors and bedding rails Medical equipment, which includes too many items to list… Continue Reading
Category Archives: Birth Injuries
Subscribe to Birth Injuries RSS FeedIs Medical Care Getting Safer? Or Are Fewer People Filing Claims?
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeAccording to the National Practitioner Data Bank (NPDB) data, 2011 had the lowest amount of reported medical malpractice lawsuits since 1991. This information on the surface suggests that medical practice has improved, thus leading to fewer claims. Both consumer advocate groups and tort reform groups, usually on opposing sides, agree that the numbers are misleading. Why Are The Numbers Lower? Although it would be wonderful to think that these claims are lower due to increased health care standards, there are other reasons these numbers have decreased. Although no one can say for sure, there are a few theories on the reasons. Less claims being filed. Due to litigation restrictions, it is thought that many malpractice claims are being dismissed or not filed at all. This means that victims of medical malpractice are paying for their own health care and treatments that were caused by physician errors. Claims not reported. It… Continue Reading
Medical Practitioners Need To Take Responsibility For Birth Injuries Such As Cerebral Palsy To Ease Strain On Children & Families
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeWhen a child is born with a birth injury such as a brain injury, the pain it causes the child and the family is immeasurable. When the birth injury could have been avoided, it is even more painful. No family wants to go through the painstaking process of a medical malpractice suit but it is often the only way to get justice when medical mistakes are made. The Fountain Baby Case Recently, that is exactly what Martha and Jonathon Fountain had to do. Five years ago their son was born with a birth injury that has left him with cerebral palsy and other serious health conditions. The hospital where Martha was giving birth administered Pitocin, a drug meant to speed up the labor process. The drug is thought to have increased the already excessive contractions she was having and cause trauma to the bay’s head. The Fountain’s were awarded a… Continue Reading
Highly Decorated Medical Facilities Still Make Errors When That Result In Patient Injury & Death
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeWhen choosing a hospital, clinic or any medical facility, you hope by going with the best in the field or area that you are safe in their hands. Prestigious hospitals that have been awarded top honors lead patients to believe that they will only get the best treatment. However, regardless of their records and awards, all medical facilities can make mistakes. Highly Ranked Children’s Hospital U.S. News ranks hospitals from all over the country each year, dividing them into types and specialties. One of the categories is children hospitals. Although they are listed the best among well over a hundred in the country, even these have made grievous errors. Boston’s Children’s Hospital was listed in the top three in 8 fields for best children’s hospital. It ranked in the top three more than any other children’s hospital in the survey. However, this has not stopped them from being in the… Continue Reading
Personal Injury & Medical Malpractice Lawyers for Children and Their Families
Posted in Birth Injuries, Medical MalpracticeOur law firm is focused on providing the highest quality legal services for children who have been injured in accidents or medical malpractice. We recognize that injuries sustained by a baby or child frequently accompany them for throughout their entire lives. An appreciation for the significance that attaches to a child’s personal injury or medical malpractice case distinguishes our law office from other lawyers who have a more generalized practice. Experience handling personal injury cases on behalf of minors has allowed our attorneys to develop a network of the some of the leading experts in the fields of: pediatric medicine, disability coordination and economics to name a few. The regular use of these experts in significant pediatric injury cases has translated into some very favorable case resolutions for our clients. Child Injury Attorneys Who Work For Your Family Our child injury and birth injury lawyers understand the uncertainty and stress… Continue Reading
Should You Bring Your Experts Live to Trial?
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeI’m really excited that my colleague Ron Miller of Miller and Zois, has agreed to prepare an article regarding a trial lawyer’s ongoing dilemma on bringing experts into court for live testimony. Ron is a seasoned trial lawyer who has seen firsthand how these cases play out. All other things being equal, live witnesses are more interesting than witnesses from recorded depositions. This is pretty obvious, right? It is easier to connect with a live human being than it is with an image on a television screen. Most experienced trial lawyers know that a trial is a living thing. A live witness makes it much easier to adapt to things that happen during the trial, including the testimony of other witnesses. But, all things are not always equal. Often it makes more sense to offer witness testimony by video recording as opposed to bringing them live at trial. Some expert… Continue Reading
Expanded Birth Injury Materials Added At Rosenfeld Injury Lawyers
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeAs medical malpractice lawyers involved in different types of birth injury cases, we recognize that the specific events that occur behind the scenes can be difficult to compartmentalize. While the fact patterns behind different incidents may vary– or overlap, the following areas have become consistent aspects in some of our cases. Consequently, we have expanded the birth injury section at Rosenfeld Injury Lawyers, to further refine the expanse of birth injury cases we get involved with. Please take a moment and review this expanded section with pages devoted to: Cerebral Palsy Death of mother during childbirth Meconium Aspiration Group B Strep Perinatal Encephalopathy / Oxygen Deprivation Erb’s Palsy / Shoulder Injury Stillbirth Twin-to-twin transfusion syndrome Untreated jaundice in newborns Uterine Rupture Placental Abruption Of course, no family anticipates that these terms will ever become part of their vocabulary. However, if the situation should arise, our team of medical malpractice attorneys… Continue Reading
Don’t Assume Your Child’s Birth Injury Is Compensable
Posted in Birth Injuries, Brachial Plexus Injury, Cerebral Palsy, Medical MalpracticeSome of the most prolific medical malpractice cases involve injuries sustained by children during the labor and delivery process. I can’t image a warm-blooded-person who isn’t moved by the very thought of a severely disabled child who faces a lifetime of developmental difficulties and endless hours of specialized medical attention. Despite their poignant tales, these children—or perhaps more accurately, the people bringing lawsuits on their behalves, still have the burden of establishing that their child’s injury derived from the negligence of the attending physician or hospital. That’s right, before these children receive a penny for their injuries or care-related expenses, the law says that they have the burden of proving the following: The doctor and / or hospital has a duty to provide proper medical care for the child The fact that a doctor-patient relationship exists is usually considered enough in most jurisdictions for a doctor to act in a… Continue Reading
Study: Ultrasounds Could Help Reduce Premature Birth Rate
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeOne of the scariest parts of becoming a parent – aside from the roller-coaster ride of pregnancy – is the possibility of having a “preemie,” or baby born before 37 weeks. All premature babies have an increased risk of serious medical complications, and usually begin their lives in the hospital’s “NICU” – neonatal intensive care unit. No parent wants to imagine this “nightmare scenario” happening to them and their child. But when 1 in 8 babies are born prematurely in the U.S. (a total of 500,000), the possibility of having a premature birth must be seriously considered. So, what – if anything – can parents do to prevent a premature birth? According to a recent interview with March of Dimes’ Deputy Medical Director Diane Ashton, regular vaginal ultrasounds before week 20 might help lower the risk. Several recent studies have shown that ultrasounds are a more accurate way to determine… Continue Reading
“Care Bundle” Strategies May Help Hospitals Prevent Birth Injuries
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeGiven the state of our high-tech delivery rooms, it might seem contradictory that most major birth injuries occur as a result of simple human communication problems. We like to assume ALL doctors know exactly what they’re doing, at all times. Especially during the high-stress experience of labor. But study after study has proved that teamwork breakdowns are more threatening to a baby’s health than anything else – simply because there’s so much to keep track of, at such a risky time. In 2008, a group of 16 hospitals called “the Premier Alliance” tried to change that, by implementing what they called “care bundles.” Care bundles are a series of protocols that apply to a singular birth event, and work best when used a team, in tandem. “What we were trying to do is to make care delivered in the birth process more effective,” said Susan DeVore, Premier’s chief operating… Continue Reading
Parents of Brian-Damaged Boy To Receive $6.6 Million from Hospital
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeWhen it comes to delivering babies, we can sometimes think that Britain has it better-better healthcare system; better birthing procedures. But a recent story from England proves that traumatic birth injuries can occur in even highly developed European countries. Leo Whiting, now 7, suffered “catastrophic injuries” as he was being delivered at a hospital in London in 2004, according to a recent BBC report. Several delays led to Leo being starved of oxygen, and as a consequence severely brain-damaged. The injuries were so severe that they left Leo incapacitated for life; unable to walk or stand on his own. An Evening Standard report indicated that Leo has cerebral palsy. In what can be an usual move in England, Leo’s parents sued the National Health Service for personal injury and financial losses. They claimed that the hospital where Leo was delivered, St. George’s, should be held responsible for Leo’s healthcare over… Continue Reading
Obstetrician Blamed For Child’s Shoulder Injury At Birth
Posted in Birth Injuries, Medical MalpracticeA jury in Nebraska recently found an obstetrician guilty of negligence in the way she handled the delivery of a baby in 2008. At issue in the medical malpractice trial was how the obstetrician handled a fairly common problem encountered by physicians when delivering larger babies— shoulder dystocia, when the baby’s shoulder gets stuck on the mother’s pelvic bones. Rather than adjusting the mother’s positioning on the delivery table and applying pressure to the mother pelvic area, the obstetrician attemped to deliver the child by pulling on the child’s head. The force put upon the child’s head is believed to have ruptured and severed the delicate nerves in the area of the known as the brachial plexus– an area of nerves in the neck and shoulder area that control movement in the arm and hand. Now a toddler, the child has very limited use of her arm due… Continue Reading
Settlement Of Chicago Medical Malpractice Lawsuit Brings Closure To Child’s Cerebral Palsy Case
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeTwo years of litigation has achieved a $7.5 million settlement in a birth injury lawsuit initiated by the grandparents of a child born with cerebral palsy. As reported in the Chicago Sun Times, the medical malpractice lawsuit was brought against Christ Medical Center and treating obstetricians for their respective roles in the way they responded to a situation involving signs of fetal distress of a baby born at the hospital in 2002. As with many birth injury lawsuits, the allegations of medical malpractice centered around the delay of hospital staff and treating physicians had with respect to taking action upon learning of the potential dangers facing the baby. The delay in responding to signs of fetal distress was blamed for oxygen deprivation and ensuing complications including brain damage and cerebral palsy. Now, 9-years-old, and with significant care-related needs, the funds from the settlement can be used to provide for the extensive… Continue Reading
Doctor Cites Ten Most Expensive Medical Errors, Based on Loss of Income and Healthcare Costs
Posted in Birth Injuries, Cerebral Palsy, Medical Malpractice[Photo Caption: Dr. Barry Bialek is a Senior Contributing Editor at CoverMD.com (Photo Courtesy of CoverMD)] Trying to measure the true cost of medical errors is like trying to measure a mountain – there are many ways to look at it, depending on where you stand. Considering that most medical malpractice settlements are hidden from the public eye, calculating actual costs can be a tricky undertaking. But Barry Bialek, a doctor in Colorado, says there’s a tried-and-true formula for people to stick to: a person’s cost of medical care, plus his or her total loss of income. Using this formula, Bialek came up with the top ten costliest medical errors in the U.S. In an article for medical malpractice insurer CoverMD, Bialek says the No. 1 costliest medical error is brain injury due to birth trauma. “This injury usually leads to cerebral palsy. With more recent advances in home… Continue Reading
A lack of oxygen, or Hypoxic Ischemic Encephalopathy, is the frequent cause of baby brain damage at birth
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeA pending matter, my office is working on involves a boy who sustained a brain injury due to the doctors’ delay in perfoming a c-section. The condition referred to as; hypoxic Ischemic Encephalopathy (HIE), also known as perinatal encephalopathy, may result when the brain does not receive enough oxygen (hypoxia). HIE can refer to any brain injury caused by oxygen deprivation, but it often refers to an injury common to newborns that can cause long-term disability and death. HIE in newborns is caused by injury or complication during birth where the fetus or newborn suffers oxygen deprivation. Causes of HIE include: Birth injury Perinatal asphyxia Delivery complications with delayed delivery Umbilical cord wrapped around neck of infant Trauma to the brain during delivery process In the United States, HIE occurs in one to eight of every 1000 births. If HIE is severe, the mortality rate is around 20% with… Continue Reading
Hemorrhages (Uncontrolled Bleeding) During Delivery Must Be Carefully Monitored To Keep Mom & Baby Safe
Posted in Birth Injuries, Medical MalpracticeEvery day in the United States, 2-3 women die from pregnancy-related complications. Obstetric hemorrhage (heavy or uncontrolled bleeding) is one of the common causes of maternal death, and it is the most preventable cause of maternal mortality. The average blood loss for a vaginal delivery is 500 cc of blood and a cesarean section is 1000 cc of blood. Excessive blood loss (also known as postpartum hemorrhage) causes complications in roughly 4% of vaginal deliveries and 6-7% of cesarean sections. 97% of women who die from hemorrhaging were in a hospital, which emphasizes the need for improvements. Improved care for pregnant women at risk for hemorrhage and rapid access to blood products can help reduce the number of maternal deaths from obstetric hemorrhage. An article on the management of obstetric hemorrhage cites a general reluctance to perform hysterectomies as a more likely cause of preventable obstetric deaths than… Continue Reading
Parents Settle Medical Malpractice Lawsuit Where Child Suffers Brain Injury At Birth
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeThe Bayonne Medical Center (New Jersey) settled a medical malpractice case with the family of a severely brain-damaged son for $8.5 million. The mother, Emily Ordonez, was 32 years old when she went into labor on August 14, 2005. Ms. Ordonez went to the hospital at 1:30 am, when she first experienced labor pains. The prenatal tests indicated a healthy baby and pregnancy. However, at 9:32 am, the heart monitor indicated that the baby’s heart rate dropped from 140 beats/minute to only 60 beats/minute. The delivery room nurses waited half an hour before calling the attending obstetrician, who arrived 22 minutes later. Then, the doctor waited until 10:55 am to start the emergency cesarean section, despite the baby’s low heart rate. The reason for the low heart rate was that the umbilical cord was compressed, which resulted in the baby not receiving adequate oxygen. (See Child Injury Laws… Continue Reading
8-Year-Old Quadriplegic Awarded $29 Million in Medical Malpractice Case
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticePhoto Caption: Christian Arroyo, of Gurnee, Illinois, suffers from CP as a result of an untreated “Group B Strep” infection. (Photo courtesy of the Chicago Sun-Times) A federal judge in Chicago recently upheld a verdict to award the family of an 8-year-old quadriplegic $29 million. The court ruled that Christian Arroyo’s cerebral palsy could have easily been prevented, and occurred as a result of doctors’ negligence to identify a “B Strep” infection after birth. Christian was delivered at Northwestern Memorial Hospital, and was cared for by doctors from Chicago’s Erie Family Health Center. “Because of the doctors’ failure to detect the infection, Christian suffered severe and permanent brain injuries,” court documents said. “If the doctors had promptly treated Christian, it is likely that the damage done to Christian’s brain would have been significantly reduced.” “Group B Streptococcus (GBS)” is a bacteria that exists in the vaginal and gastrointestinal tracts of… Continue Reading
Are Cesarean Sections Helping Or Hindering The Health Of Mother & Infant?
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeAs a lawyer, who litigates birth injury cases, I’ve noticed that there is still quite a bit of confusion about c-section deliveries. I’ve noticed that many doctors fail to adequately explain the procedure to their patients and many times is is done so during a particularly stressful time— like when the woman is in labor!! Why are they needed? Are there risks to mother or baby? Below is some information that I have learned over the years as well as some terrific resources regarding this potential confusing medical procedure. A cesarean delivery (C-section) is a surgical delivery of a baby requiring an abdominal incision and a uterine incision. C-sections can be elective or medically necessary. Reasons for a C-section include: • Stalled labor (failure to progress) • Baby has reduced oxygen supply (changes in baby’s heartbeat) • Baby is in breech (feet or buttocks first) or transverse position (side… Continue Reading
Parents Name Doctor And Hospital In Lawsuit Alleging Child’s Cerebral Palsy Related To Physician’s Negligence
Posted in Birth Injuries, Cerebral PalsyA recently filed birth injury lawsuit alleges that an Illinois hospital and attending doctor are to blame for the brain injury to a child during the delivery process. In the medical malpractice lawsuit, the child’s parents allege that their daughter was born with hypoxic brain injury due to the negligence of physician and hospital staff during the delivery process. Specifically, the medical malpractice lawsuit accuses the hospital and doctor of rupturing membranes in the child’s head during the delivery process and further inadequate care by failing to timely perform a C-section when the vital signs indicated that the infant was in distress. As a result of the birth injury, the girl faces a lifetime of pain, deminished earning capacity, medical expenses and educational needs. The lawsuit is pending in St. Clair County Circuit Court. Hypoxic Brain Injuries In Babies Oxygen deprivation or hypoxia, typically occurs as a complication of… Continue Reading
New Research Suggests Correlation Between Low Apgar Scores And Cerebral Palsy
Posted in Birth Injuries, Cerebral PalsyWithin the first few moments babies are pulled from the womb doctors administer the first test of their young lives. Known as an Apgar score, doctors use the scale to evaluate each infants physical condition — and determine if there are any deficiencies that require additional medical addention— or that need to be monitored. Doctors usually will perform an Apgar test on the baby within the first few minutes of birth, with a follow-up to test to be given shortly thereafter or as necessary. Five, different factors are evaluated when calculating a babies Apgar score: Heart rate (pulse) Breathing (rate) Grimace (responsiveness to stimuli) Activity (muscle tone) Appearance (colorization in skin) Each factor is given a score of 0, 1 or 2, then the scores are added together to calculate a baby’s Apgar score on a scale of 0 to 10. In the past, Apgar scores weren’t given particular weight… Continue Reading
Doctor’s Error May Be Responsible To For Development Of Erb’s Palsy Or Brachial Plexus Injury
Posted in Birth Injuries, Brachial Plexus Injury, Medical MalpracticeThe birthing process can be a stressful occasion for both parents, infant— and physician. During a time in which physicians need to be cool and steady, there are those who get caught up in the moment and fail to follow good medical practice. When a physician, or other delivery personnel, rush to evacuate the baby from the birth canal, they sometimes pull or push too hard on the infant’s head or shoulders– causing damage to an area around the baby’s neck where the nerves from the arms connect with the neck and spine (brachial plexus). A brachial plexus injury to a newborn can result in varying degrees of disability– both from a short and long-term perspective. The degree of impairment is usually determined by the type of injury to the nerves in the brachial plexus. There are four designated types of brachial plexus injuries in newborns: Avulsion- When the nerves… Continue Reading
Is the rush to induce labor, jepordizing the safety of mother and baby?
Posted in Birth Injuries, Cerebral Palsy, Medical MalpracticeLabor induction (or inducing labor) is a procedure to bring on (induce) labor either because labor does not start on its own or because there is concern for the mother’s or baby’s health. In the United States, about 20% of pregnant woman undergo labor induction. Some people question whether medical professionals rely too heavily on induction, especially before safer alternatives have been exhausted. There are serious risks associated with labor induction including increased likelihood of a C-section, which also has associated risks. So, the benefits and risks of induction should be carefully weighed before a mother is induced. In a typical pregnancy, labor usually begins on its own between weeks 37 and 42. If labor does not begin spontaneously or there are risks to the mother or baby, labor can be induced. Induction causes the mother’s cervix to thin out and open in preparation for vaginal birth (diagram of… Continue Reading
Doctor’s Rough Handling Of Forceps During Delivery To Blame For Spinal Cord Injury To Child
Posted in Birth Injuries, Brachial Plexus Injury, Medical MalpracticeForceps are a tool available to doctors to assist with the delivery of babies in circumstances where the anatomy of the mother or positioning of the child requires assistance for a vaginal delivery. In most situations where forceps are used, the doctor encountered some difficultly during the delivery process to necessitate utilization of this tool. While there indeed may be a sense of urgency to extract the baby, doctors need to be mindful of the dangers that can ensue when forceps aren’t used carefully and with a sure hand. Though uncommon, the aggressive use if forceps by doctors during delivery can result in serious injury to the baby. The added leverage and force put upon the child with forceps may result in injury to the neck or spinal cord. A birth injury lawsuit was recently resolved in which a boy’s spinal cord was catastrophically injured by a doctor delivering him… Continue Reading