Sunday, May 3, 2009
Brain injury and cerebral palsy symptoms
Cerebral palsy (cerebral palsy symptoms) as well as other birth injuries can happen during the delivery process or by improper prenatal care. If your child shows cerebral palsy symptoms, there's a high probability that his suffering is due to failure of the doctor or medical professional to recognize fetal distress. Or, if they did, they responded too slowly. Find an experienced medical attorney to handle these complex doctor malpractice issues for you.
Certainly there are cases where child's condition resulted from genetics, like for instance a chromosomal disorder. But in most cases cerebral palsy and cerebral palsy symptoms are the result of doctor malpractice.
Significant injuries can happen when the doctor or nurse failed to read or inaccurately read the fetal monitor strips. If the strips indicate fetal distress and the doctor failed to act immediately, the fetus could be deprived of oxygen supply, causing the baby to sustain brain damage that could have been avoided.
In other cases, the misuse of forceps or vacuum during delivery has been blamed for traumatic brain injuries to newborn. Being very soft, applying too much pressure to the newborn's skull can cause a direct trauma to the brain.
If your child exhibits cerebral palsy symptoms, and you believe it has been caused by medical negligence or doctor malpractice, consult a cerebral palsy attorney in your area to know more about your legal rights.
Sunday, March 15, 2009
Newborn's catastrophic brain damage settled for $5 million
The boy is now 11 years old. Because of his devastating neurological injuries, he can neither sit, walk, communicate in any way nor can he use his arms or legs purposefully. He cannot swallow food or liquids. At times, he smiles. He cries when he feels pain.
The defendants in the case are a certified nurse midwife and an obstetrician. The claim against the nurse midwife is that on 07/07/97 she abandoned her responsibility for the plaintiff (her patient) during a 33–34 week prenatal visit when she allowed a student to conduct the entire prenatal visit unsupervised by any certified nurse midwife.
The result was that important information about fetal activity was overlooked and the plaintiff was sent home without required follow up testing. The next day, testing was non-reassuring and the plaintiff was admitted to the defendant obstetrician at St. Vincent Hospital for further evaluation.
The plaintiff was 35 years old and this was her first pregnancy.
The claim against the obstetrician is that knowing that she could not safely deliver a 33-34 week baby at St. Vincent Hospital, she failed to immediately transfer the patient to U/Mass Memorial Hospital for evaluation and delivery. Instead, she obtained additional non-reassuring test results, attended to other patients and was generally otherwise unable to account for her activities during the more than four hours that the plaintiff remained at St. Vincent’s. Once transferred to Memorial, the baby was delivered promptly by cesarean section.
Over the July 4th weekend, the plaintiff noticed a change in fetal activity she described as rolling movement that was somewhat less than had been happening previously. On Monday, 07/07/97, she attended a 4:30 p.m. prenatal appointment where she agreed to allow a student to participate in the exam. The plaintiff fully expected to be seen by the certified nurse midwife with whom the appointment had been scheduled. This did not happen.
The student recorded a number of concerning findings — elevated blood pressure, proteinuria, breech presentation and pitting edema from the midcalf down. She was unable to find the fetal heart rate and brought the certified nurse midwife in for that purpose only. As for fetal activity, the student recorded that it was present — technically true. However, she did not record the change and diminution reported to her by the plaintiff. The student spoke with the certified nurse midwife outside of the patient’s room and returned with a plan for a non-stress test to be done the next day. The certified nurse midwife did not evaluate the plaintiff herself. The student told the plaintiff that the non-stress test could not be done that afternoon because the midwife had to leave to pick up her children at camp.
The plaintiffs’ claim is that because of the change in the baby’s activity the non-stress test needed to be done on the same day the plaintiff reported the change in fetal movement.
The plaintiffs’ claim is that the test would have been non-reassuring, as it was the next day, resulting in a timely delivery and the avoidance of brain damage to the baby. The plaintiffs’ claim is that the certified nurse midwife was fully responsible for the plaintiff on 07/07/97 and was required — for a variety of reasons — to personally evaluate the plaintiff herself. Had she done so, rather than turning the visit over to a student, more likely than not, she would have appreciated the plaintiff’s description of the change in fetal activity, leading to timely testing and delivery without injury.
The next morning, 07/08/97, the plaintiff returned to Fallon Clinic as instructed. A non-stress test was non-reactive and the plaintiff was sent to St. Vincent’s Hospital under the care of the defendant obstetrician. The plaintiff remained at St. Vincent’s for more than four hours. During this time, the fetal heart pattern was non-reassuring. A biophysical profile was scored as 2/10. The baby’s movement slowed even more. There were few signs of fetal well-being.
At trial, the defendant obstetrician testified that she thought the baby might have been sleeping and so, did not rush to transfer the plaintiff to a hospital with a Level III nursery where the baby could be safely delivered. Once the decision to transfer was finally made, it took nearly another hour to get the patient from St. Vincent to UMass Memorial, which is a few minutes away.
The plaintiffs claimed that it was unreasonable to presume a sleep cycle in the face of the ever increasing signs of fetal distress, and that the obstetrician should have transferred the plaintiff to UMass Memorial rather than accepting her at St. Vincent Hospital. In the alternative, the plaintiffs claimed that the biophysical profile should have been done immediately upon arrival, would have been scored as 2/10 and the plaintiff would then have been timely transferred and delivered without resultant brain damage to the baby.
The plaintiff was admitted to Labor and Delivery at UMass Memorial Hospital at 3:20 p.m. The baby was born by cesarean section at 4:18 p.m. He weighed 4 pounds, 5 ounces. He was limp and dusky, with a heart rate less than 40, and poor respiratory effort. His Apgar score was 1 at 1 minute, and 8 at 5 minutes. He was given blow-by oxygen, then bag/mask breaths. At 5 minutes of age, he developed grunting, flaring, and retractions, with decreased air exchange. Cord pH was acidotic at 7.00.
The baby remained in the nursery for 57 days. The medical records indicate that he had suffered in utero asphyxiation and hypoxic ischemic encephalopathy. Imaging studies showed a grade III intraventricular hemorrhage and eventually, periventricular leukomalacia.
Presently, the child is blind, has significant hearing impairment, suffers from a seizure disorder, is severely developmentally delayed and has spastic quadriparalesis. He is fed through a jejunostomy tube.
The case was tried before a Worcester jury for eight days. At the end of the second day of deliberations, the parties settled for $5 million.
Saturday, March 14, 2009
Baby's brain injury medical lawsuit settles for $3.5 million
This medical lawsuit involves a now seven-year-old boy with significant, permanent brain damage caused by in utero hypoxia.
According to plaintiffs’ medical attorneys, from the time pregnancy ended to the day of delivery defendants responded inappropriately to obvious signs of fetal distress allowing the unborn baby to become more and more hypoxic, ultimately resulting in permanent brain damage. The defendants deny that their care was the cause of the child’s neurological damage.
At 38 weeks gestation, plaintiff mother placed a call to the midwifery service and told them that she wasn't feeling well. She also reported decreased fetal movement. The responding defendant midwife addressed the mother’s complaints of cough, but failed to address the decreased fetal movement in any way.
Two days after, the plaintiff presented to hospital where she again complained of decreased fetal movement. Defendant registered nurse placed the patient on the fetal monitor and immediately noted alarming findings -- decelerations in the baby's heart rate and absence of accelerations.
This registered nurse and the defendant student nurse midwife would stay with the patient until the baby was ultimately delivered hours later. For the most part, they provided care without the supervision of the attending obstetrician or the supervising certified nurse midwife. At no time did they take any steps to improve blood flow and oxygen to the baby, i.e.: administer an IV fluid bolus, adjust the maternal position, administer oxygen.
At some time during the morning, the supervising certified nurse midwife was contacted and was informed of the presence of the patient and of the non-reassuring appearance of the fetal heart rate pattern. She chose not to come to the hospital as the attending obstetrician was on the premises. The obstetrician claims that he was unaware that the “midwife” with the patient was a student and that in any event, it was not his responsibility to supervise her.
The defendant obstetrician ordered a biophysical profile. The result calls for an urgent delivery of the baby. The defendant obstetrician, however, waited an hour before obtaining the patient’s consent for Cesarean section and failed to relay to the anesthesiologist that the procedure needed to be done urgently. In the meantime, the nurse and the student nurse midwife continued to attend to the patient and still did not undertake any intrauterine resuscitation measures.
The C-section was performed more than three hours after the doctor read the biophysical profile result. At delivery, the baby was showing cerebral palsy symptoms. His heart rate was only 20, he was floppy and was not breathing. Cord pHs were acidotic at 7.02 and 7.04. Apgar scores were 3 and 7. In the nursery, the child had hypocalcemia (low blood calcium levels), thrombocytopenia (low platelets), and hematuria (blood in his urine) – all signs of in utero hypoxia.
He has since been diagnosed with hypoxic ischemic encephalopathy, cerebral palsy and global developmental delay.
Today, the minor plaintiff lives with devastating inury. He cannot walk or speak. He cannot hold his head up or sit unattended. He feeds via a gastrostomy tube. The minor plaintiff is completely dependent for all activities of daily living.
The plaintiffs claim that the defendants were negligent when each failed to properly respond to the obvious signs of fetal compromise -- decreased fetal activity, a non-reassuring fetal heart rate pattern and a low biophysical profile score. The defendants claim that their care was in keeping with the standard of care and that nothing done or not done contributed to the minor plaintiff’s neurological injury.
The defendants settled the medical lawsuit for $3.5 million before the scheduled trial date.
Thursday, February 26, 2009
The cerebral palsy attorney's role
Medical attorneys can and will help seriously injured clients millions of dollars in the form of medical compensation for the injuries sustained.
If your child has exhibits cerebral palsy symptoms as the result of a birth injury, please call a cerebral palsy attorney today to discuss your case.
There are many cerebral palsy symptoms. They vary greatly depending on how much brain damage occurred and what type of cerebral palsy an individual has. Bear in mind that some people with cerebral palsy may not necessarily have all of these symptoms. Each person’s body reacts differently to the condition; some individuals exhibit severe cerebral palsy symptoms while other people may appear to have very slight forms of the symptoms. A lot of children who have cerebral palsy are diagnosed during infancy, typically before three years of age.
The following is a list of some of the numerous cerebral palsy symptoms:
- bladder problems
- developmental delays (motor skills)-crawling, walking, sitting
- difficulty swallowing
- drooling
- epilepsy or other types of seizures
- hearing impairment
- involuntary movement of the limbs
- lack of head control
- learning disabilities
- little control of bowel movements
- muscles are too loose and unable to be controlled
- peg teeth
- poor perception
- problems behaving appropriately
- problems breathing
- scares easily
- speech difficulties
- stiff muscles
- strange posture
- uses one hand more than the other
- visual impairment.
Saturday, February 7, 2009
Cerebral palsy child awarded $20.5M medical compensation
In Northwest Pennsylvania, a child suffering from cerebral palsy was awarded $20.5 million in a medical lawsuit filed as a result of doctor malpractice that occurred at the time of the child’s birth.
The medical lawsuit involved the birth of Cody White in June 2001. The child has been showing cerebral palsy symptoms, a condition attributed by the boy's family to the four-hour delay in his delivery.
According to the malpractice or medical lawsuit Laura White, the boy's mother, arrived at Community Medical Center in Scranton, Pennsylvania, to give birth. Immediately, the mother was hooked up to a fetal monitoring system that clearly showed that the baby was in distress.
Despite this finding, a doctor did not arrive to deliver the child for about two hours. Even after the doctor arrived, attempts were made to induce labor instead of doing an emergency caesarean section.
The child is now 7 years old, but as a result of his birth injury, he requires 24 hour care, is unable to use his hands, is mentally retarded, blind and functions at the level of a 9 month old.
The cerebral palsy doctor malpractice or medical lawsuit was decided by a jury in Lackawanna County, Pennsylvania.
Here's a breakdown of the medical compensation awarded to the family: $2 million for past expenses incurred by the parents, and $18.5 million for the child’s pain suffering, lost earning capacity and future medical expenses.
Sunday, February 1, 2009
Cerebral Palsy Symptoms: Signs to look for
If your child exhibits cerebral palsy symptoms and medical or doctor malpractice was the reason for your child’s condition, then you shouldn’t be responsible for the astronomical cost of lifelong care.
Cerebral palsy is diagnosed in approximately 8,000 children each year. The cost of caring for children who suffer from cerebral palsy can be financially catastrophic.
See a cerebral palsy attorney
A cerebral palsy lawyer will determine whether you a strong case that doctor malpractice was the cause. Cerebral palsy lawyers will be able to recognize if there may be a claim.
In most cases, cerebral palsy symptoms are easy to recognize. Here are the most common cerebral palsy symptoms:Speech
Just as patients have problems with muscle control in their arms and legs, they also have difficulties controlling their tongue, mouth, lips, jaw, and breath flow. As a result, patients exhibiting this type of cerebral palsy symptom might have problems with speech. The most common speech problem is called dysarthria. This condition causes speech to be slow and slurred and, in some cases, hypernasal (too much air flow through the nose) or hyponasal (not enough air flow through the nose).
Drooling
Fortunately, there are a number of treatments available to combat the problem of drooling:
- Surgery
- Anticholinergics, or drugs that reduce saliva flow
- Biofeedback that allows patients to know when they are drooling.
Eating
Incontinence
This cerebral palsy symptom is more commonly known as poor bladder control. This can take a number of forms, including Enuresis, or bed wetting, urination during physical activity, or a slow leak from the bladder.
Wednesday, January 28, 2009
Your cerebral palsy lawyer and your legal rights
There are many types of cerebral palsy symptoms. Cerebral palsy treatment and therapy are available to make cerebral palsy patient’s lives more normal.
Cerebral palsy can alter the lives of children and their family. If your child exhibits cerebral palsy symptoms be prepared. Your child's condition can drastically change the way you live your life forever.
Most families don’t have the financial capability to cover the cost of treatment and therapies for their child who has Cerebral Palsy.
For this, you can consult a cerebral palsy lawyer to get the medical compensation that you deserve and in some cases, get you discounts on medications and treatments in the hospital.
For additional help, you may join Cerebral Palsy Associations. However, these associations can only do so much. Oftentimes, because of the large number of cerebral palsy patients that are in need of financial support they tend to make you wait for your turn.
Cerebral Palsy Associations will conduct an investigation whether or not your child has acquired the condition because of mishandling during birth that in turn caused brain damage so they can file a medical lawsuit against the doctor or the hospital.
If you want the proper medical compensation, you can obtain it by hiring a cerebral palsy lawyer.
If you think that there has been birth or delivery mistakes that may have caused the child’s condition, you should immediately contact a cerebral palsy attorney in order to get you the right medical compensation.
The money that medical lawsuits can provide is more than enough for the treatment and medication for your child who has cerebral palsy.
Another great thing about cerebral palsy lawyers is that you owe them nothing until they've helped you get your medical compensation.
Mishandling a child during birth is a very common cause of cerebral palsy. So, you should not erase this on the list of possible causes and you can really make the doctor or the hospital pay for what they are responsible for.
You can also hire a cerebral palsy lawyer to let the hospital give you a cheaper treatment fee for your child. This can really benefit you because cerebral palsy treatment is often long term and entails a lot of expenses.
Always remember that cerebral palsy treatment can be expensive. You can always seek help from Cerebral Palsy Lawyers to get you the proper medical compensation and also significantly lower the treatment fee for your child with cerebral palsy.