Articles Posted in birth injury

The health care industry is coming under increasing fire for the high number of birth injuries that occur each year in the United States.

Physicians with specialities in obstetrics or pediatrics account for nearly half of all medical malpractice claims. Specialists in orthopedics, emergency medicine and family medicine are also among the most common defendants in birth injury claims. birthinjury11-300x199

Victims are most commonly neonate (less than 1 month old), although claims are fairly evenly split among neonates, infants in their first year, adolescents and teenagers. Contrary to popular belief, the hospital is not the most common site of alleged malpractice, except for neonate claims, 60 percent of which involved labor or delivery. Otherwise, the most common treatment location in cases where malpractice is alleged is a physician’s office or clinic.

Our Boston birth injury attorney reported last year on the high risk of maternal death during childbirth in the United States. An investigation by the USA Today Network found more than 50,000 mothers are injured and more than 700 die while giving birth in the United States each year.

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Thirty  year old Peter J. Rizzo was in Worcester Superior Court today facing charges of leaving an accident scene where there was property damage. Worcester Accident Personal Injury

He was also charged with wrong way driving. The judge allowed him to complete the Brain at Risk Program, which must be completed within the year.

However, Mr. Rizzo must still pay restitution to the injured victim in the amount of $2,300 plus court fees.

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Gaining a better understanding of pre-term infant brain injury can help reduce future incidents and improve outcomes for preemies. That’s why researchers at Boston Children’s Hospital, Harvard Medical School and NFANT Labs (an Atlanta-based company) are teaming up. The trio announced they would be collaborating to delve into the question of how neonatal sucking patterns could be an indication of brain development. If abnormal feeding patterns are proven to be an early indicator of an underlying brain injury, then doctors, nurses and other caregivers could take note – and quicker action to address it, ultimately improving outcomes.premature baby

Detecting a newborn brain injury early on is difficult. The current brain injury technology we have developed isn’t sensitive enough to pick up potential issues for babies that young. Even equipment that could work tends to be far too expensive for practical use on a regular basis. Prior research has established some type of connection between the way a baby sucks early on and later neurodevelopmental outcomes. A better understanding of this could help doctors detect brain abnormalities faster, which can mean initiating a number of early interventions.

Every year, some 500,000 infants in the U.S. are born premature. Of those, 60,000 babies are born weighing less than 3.3 pounds. Unlike in decades past, most of these babies will survive. However, preventing brain damage in these infants is often a challenge. So while these children are living, the rates of developmental disabilities and cerebral palsy stemming from brain injury are on the rise. Continue reading

According to a recent news report form the Worcester Telegram, a 55-year-old proprietor of his family-owned fruit stand in Paxton succumbed to injuries suffered earlier in September in a fall accident.

pumpkin-patch-1562467Witnesses say deceased man and one of his employees were unloading a huge bin of pumpkins they had taken to the stand by truck when the accident occurred. The men were standing on either side of the trailer trying to move when the man fell about four feet to the ground and landed on his head. A family member who was there when the tragic accident occurred had worked in the medical field and knew when victim was mumbling and said he felt like he was going to vomit that he had suffered a brain injury. By the time paramedics got him into an ambulance, he had fallen into a coma. The following day, doctors determined victim was brain dead and notified the family. Continue reading

Head injures are among the most serious types of personal injuries suffered. Those who are fortunate to survive a traumatic brain injury may be left dealing with physical and mental disabilities, which may affect them for the rest of their lives. These victims will require years of treatment and rehabilitation.

According to a recent article from the Washington Times Reporter, a non-profit group is working to raise funds to send head injury victims to a camp where they can have a more enjoyable time during the rehabilitation process.

At noted in the article, head injuries are caused by a variety of different types of accident and injuries. At around 40 percent, the vast majority of head injury, including traumatic brain injury, is a result of a fall accident. If you have been injured in a fall accident in the greater Boston area, you should speak with a personal injury lawyer to see if you have a premises liability case.

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A baby girl suffered permanent nerve damage to her right arm and shoulder, following a traumatic birth in which her mother claims the attending physician was negligent.
Boston birth injury attorneys recognize that one of the most critical components in these kinds of cases is presentation of appropriate expert witness testimony. It’s not enough to show the actions of the doctor proximately caused the injury to the child, as would be the standard in an ordinary negligence claim. Rather, the testimony of a similarly-situated medical professional must establish that the defendant’s actions breached the acceptable standard of care.

The case of Lawrey v. Kearney Clinic, P.C., et al., reviewed recently before the U.S. Court of Appeals for the Eighth Circuit, is a prime example of what can happen when the plaintiff’s chosen medical expert fails to lay this foundation in his or her testimony.
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The number of babies born by C-section has been steadily on the rise in the United States since 1996. According to the U.S. Centers for Disease Control and Prevention, these numbers are up 60%. In Massachusetts, one in three women will now have a C-section, compared to one in five in 1997. The Department of Public Health published a report that showed C-sections were up from 10 percent of all births to now over 35% of all births in the United States.

While some of these surgeries are elected by the mother, others are opted for by obstetricians to prevent injury during childbirth. Despite the benefits and popularity of C-section, new guidelines are also urging doctors to reduce the number of C-sections performed to prevent serious injury or death to mothers and infants. The guidelines, published by the American College of Obstetricians and Gynecologists, urge doctors to opt for vaginal delivery in the absence of any complications. The new guidelines also suggest that women should not be able to elect C-section before 39 weeks.

Birth injuries related to C- section have been on the rise; however, the failure to perform a timely C-section could also result in injury or death. Our Boston birth injury attorneys are dedicated to protecting the rights of patients who have suffered injury as a result of medical negligence. We will take the time to review the facts of your case and aggressively pursue maximum compensation on your behalf. In addition to representing clients in medical malpractice cases, we are also committed to raising awareness regarding birth injuries and risks to mothers.
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The number of caesarean sections has increased significantly in recent years, in part because of doctor concern about potential malpractice claims. A woman who is in labor too long could experience serious complications and extended labor could cause birth injuries to infants. Cesarean sections are viewed as a solution that reduces the potential for problems from long labors and protects doctors from being sued for failure to act on signs of fetal or maternal distress. baby-hand-1434430-m.jpg

Now, however, the Boston Globe is reporting that two prominent medical groups have issued new guidelines to encourage more vaginal births. The guidelines are encouraging doctors to allow first-time mothers to stay in labor for longer and to push harder to try to increase the number of infants born without resorting to a C-section. While these new guidelines could actually result in better outcomes for parents and children, it is also essential that doctors carefully monitor all labors to ensure that they don’t endanger the life of the child.

Families affected by birth injuries should consult with an experienced Boston birth injury lawyer. Conditions such as Cerebral Palsy can be caused by a difficult birth and can affect a child for the rest of his life, so it is important for families to be fully compensated for birth injury.
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A recent study published in the journal BMJ Open reveals that the cost for a healthy, vaginal birth is anywhere from $3,000 to $36,000. In cases of a C-section deliver, the range varies from $8,000 to about $71,000. babyhands1.jpg

Researchers focused primarily on the fact that costs were disparate for no apparent rhyme or reason. This is a subject worthy of further exploration. However, our Boston birth injury attorneys were interested in these figures for another reason. When you consider that a relatively uneventful, healthy birth has the potential to cost tens of thousands of dollars, situations in which there are complications that require additional hospitalization and specialized treatment are going to result in costs that are astronomically high.

Even in cases where there has been a clear issue of malpractice – such a child who suffers from Erb’s palsy or a mother who dies as a result of undiagnosed preeclampsia – those bills will still come rolling in. People who can’t afford to pay them can suffer a substantial blow to their credit. The family of a child who is disabled as a result of improper care before, during or immediately after childbirth can expect those bills to pile up for many years to come.
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A young mother dies as a result of severe hemorrhaging following the birth of her third child. babykiss2.jpg

The father filed a Boston medical malpractice claim within the allotted three-year window for such lawsuits in the Commonwealth. However, the claim was ultimately dismissed as time-barred – a decision recently affirmed by the First Circuit Court of Appeals in Sanchez v. United States – because the doctors in the case were deemed to be federal employees. Although this information was unbeknownst to the plaintiff, the Federal Tort Claims Act requires any medical malpractice action against federal employees be brought within a two-year window.

The plaintiff, too late, is unable to seek justice for his beloved wife, mother of his children.
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