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Birth Injury Studies Conducted in California Hospitals

( May 24, 2011)

Birth Injury Studies Conducted in California Hospitals

(Courtesy Photo)

The growing numbers of birth injuries in California hospitals have led to studies conducted to find out what is causing the increase. An example of one such study was commissioned by the California Hospital Association to find out what the percentage of birth injury lawsuits
were being paid by medical malpractice insurances, however, even though the exact amount was unclear, what was discovered was that 1 out of 20 patients seeking medical attention from hospitals were injured due to medical negligence and 1 out of every 10 patients died as a direct result. With these astonishing results, it leaves little reassurance for expecting California mothers who have made arrangements to deliver in a California hospital.

There are many factors that can lead to a birth injury
, some of them due to natural causes beyond anyone’s control while others are due to negligence on the medical facility’s part. Medical malpractice in birth injuries can be attributed to medical procedures that were not adhered to or as a lack of direct contribution from the attending doctors or staff. For example: failure to administer tests to detect abnormalities, signs of fetal or respiratory distress and not performing a Cesarean section within the required time frame. Two of the common birth injuries that can result from medical negligence are:

• cerebral palsy
- This condition usually occurs by injuries or abnormalities of the brain that is caused either before or after birth which is characterized by motor dysfunction, e.g. spasms and lack of muscular coordination.

• erbs palsy
(or brachial palsy) – A paralysis or weakness of the arm caused by stretching of the nerves around the shoulder during birth. This damage can be caused by excessive pulling on the arm during birth or by pressure on raised shoulders during a breech delivery.
Even though careful monitoring throughout all stages of pregnancy is important, following set hospital procedures and guidelines by all medical staff helps to ensure a successful delivery process for both the mother and the infant. If in the unfortunate event that your child received a birth injury due to medical negligence, you owe it to yourself and your loved ones to contact a reputable birth injury law firm
who has the experience and knowledge you need to need to determine if you have a case.

Birth Injury Legal Options in California

(May 25, 2011)

 

 

Birth Injury Legal Options in California

birth injuries such as cerebral palsy and erbs palsy can be devastating both physically and emotionally for all parties involved, not to mention the unexpected medical expenses that will be involved. It is especially difficult when the expecting mother has had no prior indications throughout her prenatal care that there will be any complications with her baby or her labor process. Words cannot even begin to express the heartache of finding out after delivery that the baby’s birth injury
could have been prevented.

Medical negligence is defined in many states like California as, “the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care”. What this simply means is the doctor and/or medical staff didn’t follow standard medical procedures when treating and caring for a patient. There are many things that can cause birth injuries such as: fetal distress, a breech birth, shoulder dystocia (Shoulder dystocia occurs when a baby’s head and shoulder get lodged in their mother’s pelvic bone), and oxygen deprivation. So, giving birth to an injured baby following an otherwise normal pregnancy can be a very confusing situation for California families and if they choose to pursue a birth injury lawsuit
, there will be some questions that only an experienced birth injury attorney
can answer. Some commonly asked questions are:

? What is the statute of limitations for bringing a birth injury claim in my state?

? In a lawsuit for birth injury, how does a jury determine if medical negligence was involved?

? Do all medical malpractice cases require expert testimony?

? If we prosecute a case on behalf of our child, how long will it take to reach resolution?

? Are there limits on the amount of recovery against a doctor or hospital?

So, if it is determined that your child has suffered a birth injury and you feel that medical negligence was involved, contacting a knowledgeable birth injury law firm
can put you on the right track to possibly receiving monetary compensation that you and your family deserve.

Cerebral Palsy Treatments Are Costly, A Cerebral Palsy Lawyer May be Able to Help

It is an unfortunate reality for children born with cerebral palsy that they will likely face a manageable, yet difficult life ahead of them that is be filled with doctor visits and rehabilitation appointments for treatments for an illness that oftentimes was caused by doctor error.

While these treatments can be difficult at times, getting the best help for your child could benefit them greatly. In order to pay for these effective – yet oftentimes expensive -working with a California cerebral palsy lawyer to pursue a monetary settlement from the doctors who caused your child’s ailment may help you afford them.

A recent report from a UK newspaper profiled 9-year-old Wiktoria Mucha, who was born with cerebral palsy that limited her ability to move. Throughout her life, she has undergone special treatment four days a week, attended a swimming club, and rode a specially made tricycle in order to help improve her ability to move.

However, with her needs changing as she continues to grow, Wictoria’s parents are now in the midst of attempting to raise $58,000 to fly to the United States and undergo selective dorsal rhizotomy surgery – a rare surgery that reduces spasticity in the body by cutting certain nerves connecting muscles with the spinal cord.

“We can see that our daughter is extremely tired and resigned. She is constantly asking us why other children can walk and she can’t,” said Tomasz Mucha, Wiktoria’s father, according to the Courier. “…Time is important to her as she is a tall girl and she’s growing quickly, so her muscles are becoming more and more tense, which causes deformation of her spine, hips and bones.”

According to the St. Louis Children’s Hospital – one of the only hospitals that can perform the procedure – benefits of the surgery when compared to other treatments include a reduced risk of spinal deformities later in life, reduced hip flexor spasticity, less intense back pain, and earlier resumption of physical therapies and activities.

California families with a child who has cerebral palsy should take every opportunity to give their child medical care that will help them the most without having to worry about how expensive it may be. Contact a California cerebral palsy lawyer today to learn more about pursuing a birth injury lawsuit and an eventual settlement.

Legal Options in California if Your Child Suffers from a Birth Injury

4/20/2011

Giving birth to an injured baby following an otherwise normal pregnancy can be a very confusing situation for California families. Those who are concerned their child has been affected by a birth injury may also have questions that are not adequately answered by their healthcare provider, which only makes the situation more confounding.

The reality is, birth injuries can sometimes be the result of negligence on the part of the doctors and healthcare providers who care for a woman during her pregnancy, labor, and delivery. Medical negligence is defined as when a medical provider strays from accepted practices and harms the patient as a result.

If it is determined that you or your loved one’s child has suffered a birth injury that was caused by medical negligence, you may be wondering about how to proceed with a lawsuit and contacting a California birth injury attorney. Your questions may include:

  • What is the time commitment involved?
  • How will I find an attorney in California that will take my case?
  • Will my child be involved in the legal process?
  • Will pursuing a medical negligence lawsuit have any implications on my child’s care?

These questions, and the answers, will likely vary based on your child’s specific case and the extent he or she was injured. While a birth injury lawsuit may seem like a daunting and confusing process, a knowledgeable birth injury lawyer will provide guidance for you and your family as the process moves forward.

If your child, or the child of someone you know, has suffered a birth injury, it may have been due to preventable errors. Call a Nurse Case Manager at Sokolve Law so you can determine the cause of your child’s birth injury. If medical negligence is suspected, contacting an experienced California birth injury lawyer will help you launch a case to get the justice and compensation you and your family deserve.