A new study has found that cerebral palsy occurs mostly due to prenatal factors such as birth defects rather than birth asphyxia and other potential causes often thought to be responsible. The research was published in the September 3 issue of the New England Journal of Medicine. Researchers from the National Institutes of Health and...
A new study by Canadian researchers suggests that genetics may play a more significant role in the origins of cerebral palsy than experts previously thought. Researchers from Sick Kids Hospital in Canada and the Research Institute of the McGill University Health Center have found that at least one in 10 cases of cerebral palsy has...
A family was awarded more than $4.8 million in a medical malpractice case arising from a birth injury that occurred over a decade ago. Guerline Cherenfant Jean, Loheirson Jean and their 14-year-old daughter filed the lawsuit in 2004 against a Fort Lauderdale midwife and doctor. Circuit Judge Michele Towbin Singer presided over the five-day trial...
A couple filed a birth injury lawsuit on July 10, alleging that their son developed Erb’s palsy following a long and difficult childbirth due to the negligence of hospital personnel. The lawsuit states that the midwife, obstetrician and several nurses at the federally managed Family Health Centers of Southwest Florida, Inc. deviated from accepted standards...
Medical staff are responsible for carefully monitoring the unborn baby throughout labor and delivery. They must ensure the infant is getting enough oxygen and is not displaying signs of fetal distress. Common warning signs of fetal distress include changes in the baby’s heart rate or movement. Doctors often use electronic fetal monitoring (EFM) to ensure...
Florida hospitals have among the highest cesarean section rates for low-risk pregnancies for first-time mothers in the nation. Consumer Reports analyzed C-section data reported by more than 1200 hospitals across the country. They found C-section rates varied significantly among institutions and within the same communities. Low-risk pregnancies are defined as those in which the baby...
The Possible Long-Term Prognosis of Erb’s Palsy in Florida
The long-term effects of Erb’s palsy depend on the severity of the underlying nerve injury and the use of skilled medical intervention. Some patients will experience no permanent effects, while others face a lifetime of physical limitations. Parents may choose to pursue a birth injury claim in cases where a doctor’s negligence caused Erb’s palsy....
Doctor’s Blaming Mothers for Birth Injuries – Know Your Rights
It is not unheard of for a doctor to blame a mother for her child’s birth injury. This is why it is so important for parents of injured children to understand their rights in a birth injury claim. An attorney can act as an advocate for the mother and injured child, fighting to represent the...
Florida Birth Injury Lawyer Explains Who To Contact and When
Florida birth injury lawyer Debi Chalik recently sat down with Jesse Wojdylo to discuss the basics of a birth injury, the signs a parent should look for in their newborn, and who to go to for advice and help in filing a birth injury lawsuit against the doctor or hospital.
Qualifications Of A Birth Injury Lawyer
What lawyer qualifications should I look for if I’m pursuing a birth injury case? Past experience with similar cases is one of the most important lawyer qualifications to look for when hiring an attorney. This means an attorney who’s handled similar birth injury cases is typically the best suited to handle an Erb’s palsy case,...
Parents and Cerebral Palsy Diagnosis
It doesn’t seem fair. Why did your baby suffer cerebral palsy? Why your family? Sadly, there are some things in life that go unanswered and just don’t make sense. Although we know why this Florida birth injury occurred – due to negligent doctors – it still doesn’t make you feel any better. Many parents of...
Florida resident files birth defect lawsuit against Pfizer
A resident of Florida has filed a birth defect lawsuit against Pfizer, the manufacturer of Zoloft, an antidepressant. The plaintiff alleges that the drug caused her daughter to have a birth defect. The plaintiff further claims that Pfizer neglected to sufficiently test Zoloft as well as failed to warn consumers and physicians of the potential...
What is the burden of proof in an Erb’s palsy case in Florida?
The burden of proof in an Erb’s palsy case dictates that a plaintiff – in this case, the injured child’s parents – must prove his or her case based on evidence presented. Essentially, this means the victim must prove the doctor or hospital was at fault versus the doctor or hospital proving they were not...
The Connection Between Erb’s Palsy and Shoulder Dystocia
When a mother hears that her newborn baby suffered a birth injury, she is often not prepared for this news and doesn’t know much about birth injuries. So, when a mother hears the terms Erb’s palsy and shoulder dystocia used after her baby is born, she needs to understand the connections between the two birth...
What Are Your Legal Options When Your Baby Suffers Birth Injuries In Florida?
Your legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case. You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries. Examples of Medical Malpractice There are many things that can lead to...
Is Erb’s Palsy Curable?
There is no one single cure for Erb’s palsy. The likelihood of recovery depends on the severity of the underlying injury. Proper medical and therapeutic care may remedy the effects of the injury or lessen the long-term impact. Unfortunately, the effects may be permanent in the most severe cases of nerve damage. Common Erb’s Palsy...
What Is A Wrongful Birth & Can You Receive Compensation From The Doctor Who Performed It?
Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful...
What Can I Expect in the First Year of Erb’s Palsy?
A new parent with a child diagnosed with a brachial plexus injury often wants to know, “What can I expect in the first year of Erb’s palsy?” The answer depends on the severity of the underlying nerve injury. Mild injuries may “self-resolve” with the passage of time and the use of physical therapy. More serious...