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Personal Injury Law Blog Category: Medical Malpractice

April 12, 2017

Rejection of arbitration agreement in medical malpractice case

In December of 2016, the Florida Supreme Court issued a rejection of an arbitration agreement in a medical malpractice case regarding a stillborn infant. As reported by News 4 Jax, in their decision, justices stated that an arbitration agreement that was signed by Lualhati Crespo, whose son was stillborn, and the physician group Women’s Care […]

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February 13, 2017

Medical malpractice lawsuit against hospital after toddler swallows battery

In March 2016, a mother saw her baby daughter swallow a lithium battery. She called 911, and had her baby transported to the hospital, where she insisted that the battery be removed right away. However, the doctor informed the parents that the case was comparable to that of ingesting a coin. In spite of recommendations […]

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October 26, 2016

Lawsuit alleges negligence in causing Erb’s palsy

The parents of a baby born in 2013 filed an Erb’s palsy lawsuit alleging that their infant son will suffer neurological damage and be disabled for the rest of his life due to the negligence of physicians and the attending midwife at his birth, at Family Health Centers of Southwest Florida. The birth injury lawsuit […]

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August 29, 2016

$53M award in birth injury case of child with cerebral palsy

A jury rendered an award of $53 million to a 12-year-old boy who was born with a serious brain injury following 12 hours of fetal distress in the course of the delivery. The trial in the medical malpractice cased lasted one month, and was initiated in December 2013 by the boy’s guardian, who filed a […]

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June 17, 2016

Past malpractice lawsuits may help reduce birth injuries

Doctors and hospitals are using past medical malpractice cases to avoid repeating mistakes that could put patients at risk and give rise to future claims. Shoulder dystocia was found to occur the most frequently among the birth injury lawsuits examined. According to The Wall Street Journal, malpractice insurers and medical specialty groups are analyzing thousands […]

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June 06, 2016

Family wins nearly 5 million dollars in birth injury lawsuit

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 […]

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May 16, 2016

Can epidurals be harmful for babies?

Epidurals have become a common method for managing pain during labor and delivery. Over half of all pregnant women in the United States choose to receive the injections for pain relief during childbirth. An epidural injection is a regional anesthesia administered intravenously around the lower spinal cord area. It is popular because it can help […]

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March 28, 2016

C-section rate of United States exceeds global average

The United States has a high caesarean-section rate of 32.5 percent in comparison to the average of 28 percent among developed nations. The high rate has been controversial as the surgical procedure is not always medically necessary. While C-sections may be performed due to a woman’s personal preference, in some cases they are required for […]

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March 21, 2016

New app helps identify risk of premature birth

A new app called QUiPP could help doctors predict the risk of preterm deliveries. Infants born before 37 weeks’ gestation are considered premature. Each year 15 million babies worldwide are born prematurely. More than one million die from the resulting birth injures and complications. Doctors use several factors to determine the risk of premature birth […]

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March 14, 2016

Study warns not to underestimate birth injury risk for second-time mothers

Researchers have claimed doctors should not assume that a mother who has previously undergone a vaginal delivery is exempt from the risk of her subsequent babies sustaining brachial plexus birth injuries. A recent study analyzed all brachial plexus birth injuries that occurred between October 2003 and March 2013 at an academic medical institution. There were […]

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