How to Increase your Chances of Success in your Birth Injury Lawsuit

November 29, 2009

Dealing with the aftermath of a birth injury can be stressful, discouraging and overwhelming to say the very least.  Things such as cerebral palsy, brachial palsy and shoulder dystocia are all common types of injuries that can occur before, during and immediately following birth, and any of them can have life-altering results.

So, what should you do if you think your child has been a victim of a birth injury due to a doctor’s negligence?  Certainly the term “lawsuit” will have been mentioned to you, but aside from the general term, there are certain things that you should do to properly prepare and increase your chances of being successful in your claim.

  • Seek treatment immediately to have your child properly evaluated.  You will need strong medical evidence that the injuries your child is suffering from are as a result of negligence.
  • Be proactive.  Dealing with a birth injury can take up all of the time and energy of the parents of the child but it’s important to remember that there is only a certain time frame in which you are allowed to file suit.  As difficult as it may be, getting the ball rolling on your lawsuit right away will give you the best chance of being successful in court.
  • Hire a birth injury attorney.  Don’t just pick a general personal injury lawyer – you want to be sure that the person representing you has in-depth experience specifically with birth injury lawsuits.
  • Keep a journal.  As soon as you begin to suspect that your child may have suffered an injury at birth, you should begin keeping detailed notes about any signs, symptoms and developmental progress notes that you can document.  Being able to show this type of evidence in court can make your case that much stronger.
  • Be prepared for the possibility of a long, daunting experience once your lawsuit has been filed.  Birth injury cases are not always cut and dry, and the process can take months, sometimes even years.  Preparing yourself and your family for this from the start will make the process a little easier to bear.

Realizing that your baby may have been a victim of a birth injury is an extremely emotional experience, but once you’ve come to grips with what occurred, it’s important to focus on doing the right things in order to successfully obtain compensation for the losses you and your family have suffered.  Following the steps above can get you on the road to justice for your child.

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Posted by Dave Austin

Record Judgment Awarded in 33 Year Old Birth Injury Case

October 9, 2009

An Israeli court has awarded a record high settlement to a 33 year old man who suffers from cerebral palsy.  The plaintiff will receive 16 million NIS – equivalent to approximately $4.3 million USD – for his damages after he suffered a birth injury as an infant.

In 1976, the plaintiff’s parents brought him to the Clalit health maintenance organization clinic when he was just three months old because he was suffering from severe diarrhea.  After four visits to the facility, the family was referred to Sharon Hospital and then to Rokach Hospital.

Doctors at Rokach conducted several tests on the child and then released him with a prescription for antibiotic and a referral to a family doctor.  The following day he became unconscious and was rushed to a different hospital for treatment.

The baby was suffering from severe dehydration which caused him to go into cardiac arrest.  He had to be put on an iron lung and remained unconscious for several months, during which time he suffered multiple lung infections and other developmental problems.

Now a grown man, the plaintiff suffers from cerebral palsy as a result of the failed diagnosis and subsequent medical issues and will require constant care for the rest of his life.

It has taken 9 long years of legal battles and several trips to court after the case was appealed more than once.  The family is happy that the plaintiff is finally getting justice for what he has had to endure throughout his life.

Here in the US it is highly unlikely that a case this old would yield any results as most states enforce a statute of limitations, or timeframe in which a person is allowed to file a medical malpractice lawsuit.  That’s why it’s critical to contact a medical attorney as soon as possible if you suspect your child has suffered a birth injury due to a doctor’s negligence.  If you wait too long, it may be too late.

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Posted by Dave Austin

Huge Verdict in Ohio Birth Injury Lawsuit

July 13, 2009

On July 2nd, an Ohio jury awarded what is being considered the largest medical malpractice settlement in the state’s history to the family of 8 year old Leondo Stanziano, who suffers from cerebral palsy as a result of a birth injury caused by medical negligence.

Stanziano was born at Miami Valley Hospital in Dayton in December 2000.  It was during his birth that he was deprived of oxygen for 18 to 20 minutes, resulting in permanent brain damage and cerebral palsy.  As a result, the child will never be able to speak, cannot walk and will require 24 hour care for the rest of his life.

The family sued the hospital, Contemporary Obstetrics and Gynecology and Dr. Kendrin E. Van Steenwyk for damages, claiming that they knew the child’s mother, Renetha Stanziano, was at a high risk of her uterus rupturing but failed to properly monitor her and the infant during the birth.  They also cite that the labor-inducing drug Pitocin was used improperly even after the patient’s uterus had become hyper-stimulated, ultimately causing it to rupture.

The jury found only the hospital to be negligent in their verdict, and awarded the victim and his family an incredible $31 million in compensatory damages.  It is being reported, however, that in an effort to avoid lengthy appeals, the family has actually settled with the hospital for an undisclosed amount, which is likely much less than what the jury awarded them.

Birth injuries, such as cerebral palsy, can have lifelong effects on both the child and his or her family.  If your child was a victim of a birth injury that was caused by a doctor’s negligence, you may have the right to receive compensation for medical expenses, pain and suffering and more.  Discuss your situation with a medical attorney today to find out more.

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Posted by Dave Austin

What is Cerebral Palsy?

March 26, 2009

The term Cerebral Palsy is somewhat broad and it describes multiple chronic movement or posture disorders.  Broken down, “cerebral” refers to the brain, and “palsy” lends itself to a physical disorder.  Although cerebral palsy affects the muscles and nerves of the body, it actually stems from the brain’s inability to properly control the body.

Cerebral palsy is primarily the result of a dangerous lack of oxygen to the brain, and is often caused at birth.  During the labor process, it is critical that the doctors and nurses that are caring for the mother monitor the vital signs of the unborn child at all times to avoid a situation in which the child is in distress.

If the baby does begin experiencing problems in the womb or birth canal, it is imperative that the doctor deliver as quickly as possible to mitigate any possible health problems that might result.  Often, this means performing an emergency cesarean section.  Unfortunately, in many cases, these important factors are overlooked and a doctor’s negligence results in a baby born with cerebral palsy.

There are four categories into which the disorder is classified:

  • Spastic – stiffness or difficulty with movement (most common category)
  • Ataxic – loss of balance and depth perception
  • Athetoid/Dyskinetic – uncontrolled or involuntary movements
  • Mixed – a combination of two or more of the above

It can take months or even years to recognize the symptoms of Cerebral palsy, most notably trouble with motor skills and muscle function.  Parents typically become aware that there is a problem when they notice that their child is not meeting standard developmental milestones.  If there’s ever a concern that a child may be suffering from this disorder, medical treatment should be sought right away so that appropriate testing can be done.

Cerebral palsy varies in severity and it cannot be cured; however, there are treatments available that may help to improve a child’s symptoms.  Generally, the earlier a child is diagnosed and treatment begins, the better the chance of possible improvement.  Keep in mind, however, that treatment and therapy can be quite costly and it doesn’t work for everyone.

It is estimated that some 4500 infants are diagnosed with cerebral palsy each year, and a good number of those cases are a direct result of medical malpractice which could have been prevented.   If your child is a victim of this disorder due to a birth injury, you have the right to seek justice and receive compensation for the financial burden that comes along with it.  Seek the expert advice of an experienced medical attorney to discuss your case today.

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Posted by Dave Austin

Birth Injuries

December 5, 2008

There is perhaps no greater joy in this world than welcoming a new baby into your life.  Unfortunately, along with the hundreds of thousands of births each year come too many cases of medical negligence which result in irreparable birth injuries and even death.  Some common types of birth injuries that are often attributed to the negligence of doctors, nurses and hospital staff include:

Cerebral palsy

This is a functional disorder that often results from damage to the child’s brain during pregnancy, delivery and birth.  It is most often related to a lack of oxygen when the child is being delivered.  Cerebral palsy results from damage to or faulty development of the motor areas of the baby’s brain.  It interferes with the brain’s ability to control the movements or posture of the body.  There are differing levels of severity of the condition, and some children who suffer from cerebral palsy are able to live relatively normal lives.  Unfortunately, however, others are not so lucky and suffer needlessly for the remainder of their lives.

Erb’s palsy

This is a birth injury, also known as Brachial Plexus palsy, which is caused by trauma to the child before or during birth.  Victims of Erb’s palsy frequently suffer from a loss of control or sensation in their shoulders, neck, arms and hands.  It is often attributed to medical negligence during childbirth, when the baby’s shoulder gets wedged under the mother’s pubic bone.  The doctor delivering the baby sometimes panics and applies too much force on the baby to dislodge the shoulder, often causing damage to the nerve bundles in the shoulder area.  The result is Erb’s Palsy.

Additionally, medical negligence can cause birth injuries such as para and quadriplegia, brain damage, learning disabilities and blindness.

All of these traumatic injuries can be prevented by using fetal monitoring and extra care during the labor and delivery process.  In many cases, an emergency cesarean section can be performed to deliver the baby quickly and prevent possible loss of oxygen or further nerve damage.  When these things are not done, it is often because of a clear cut case of medical negligence.

If your child was a victim of a birth injury at the hands of a negligent doctor or medical professional, you have the right to seek justice.  Speak with an experienced medical negligence attorney right away.

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Posted by Dave Austin

Nurse Malpractice in the News

November 8, 2008

A recent case of nurse malpractice made it to trial, regarding a brain-damaged boy in Wisconsin.

The boy’s parents, Amy and Chad Jelinek, brought the lawsuit in 2006 claiming that their son Laine suffered brain damage during his 2005 birth due to neglect by their nurse and nurse midwife.

Their claim states that when Amy began suffering from complications during the birth process, the medical professionals failed to properly read the fetal monitors indicating that the infant was in distress, thereby causing a delay in the delivery of the child.  This delay ultimately caused Laine to suffer brain injuries and left him with cerebral palsy.

The case finally went to trial last month.  It lasted three weeks, during which several medical expert witnesses were called to testify as to the quality of the care and whether or not they believed this was indeed a case of nurse malpractice.

The jury felt it was.  They returned with a guilty verdict and awarded the parents a settlement in the amount of $11.4 million.

The family is said to be relieved at the outcome and that they received some justice for their son, but that the settlement will in no way compensate Laine for what he has lost and what he will suffer with for the rest of his life.

The hospital in question, Gunderson Lutheran Medical Center, released a statement in which they acknowledged that the Jelineks have gone through a difficult time, but that they stand behind the quality of care that they provided.  It is unclear at this time whether the hospital will appeal the verdict.

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Posted by Dave Austin

Pediatrician Errors Not Always Reported

October 12, 2008

A new study has revealed a shocking statistic about pediatric errors: nearly 50 percent of doctors surveyed said they’d be unlikely to admit a mistake to the child’s family. The reasons pediatricians cited for not wanting to disclose a medical error included:

  • Fear of medical malpractice lawsuits
  • Shame and embarrassment
  • Lack of professional support and long-term repercussions

This demonstrates that more needs to be done with regard to acknowledging, preventing and dealing with medical errors, particularly where children are concerned.

Children and infants are especially vulnerable to mistakes, and medical errors involving the pediatric population can have long-term or life-threatening consequences. In fact, cerebral palsy is a condition sometimes caused by medical mistakes.

Statistics on the incidence of pediatric errors may not reflect reality, given that doctors are not always forthcoming about their mistakes and so they tend to be underreported. However, some statistics suggest that medication errors are a problem in the pediatric community, occurring in about 6 percent of hospitalized children.

This latest study is published in the October issue of Archives of Pediatrics & Adolescent Medicine.

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Posted by Dave Austin

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