Birth Injury Caused By Foreceps

A Miami, Florida, woman was awarded $23 million in damages by a Charlotte County Circuit Court jury for medical malpractice that resulted in her premature daughter being born with severe brain damage and cerebral palsy. The mother visited her obstetrician in 2010 when she was pregnant with her first child. At 24 weeks of pregnancy,... Read More

The Florida Supreme Court is assessing a cerebral palsy lawsuit that has raised questions about whether there should be caps on attorney fees in birth injury cases. The case involves a child diagnosed with a debilitating form of cerebral palsy that has left him wheelchair-bound and in need of constant care. The child’s mother alleged... Read More

A new study has found that babies born through cesarean sections are at a higher risk of developing chronic health ailments such as obesity, asthma and type-1 diabetes later in life than infants born vaginally. According to the Centers for Disease Control and Prevention, over 32 percent of newborns in the United States are delivered... Read More

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... Read More

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... Read More

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... Read More

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... Read More

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.

In June 2015, The Federal Centers for Medicare & Medicaid Services launched an investigation into the unusually high mortality rate among infants who underwent open heart surgery between 2011 and 2013 at St. Mary’s Medical Center in West Palm Beach, Florida. The investigation was triggered by a CNN report which stated that 12.5% of infant... Read More

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,... Read More

Approximately two to five out of every 1,000 births result in brachial plexus injuries, such as Erb’s Palsy, according to the United Brachial Plexus Network. Erb’s palsy symptoms vary in degree from baby to baby and can rob children of many milestones. As your child gets older, he or she will need answers about the... Read More

Brachial plexus injuries are among the most common types of birth injuries today. They affect the network of nerves that extends from the neck to the shoulder, arm and hand. Brachial plexus injuries can be caused by a number of factors during the delivery process, including birth trauma or shoulder dystocia, where the baby’s shoulder... Read More

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... Read More

Birth injury is defined as damage to a newborn’s body function or structure that occurs due to an adverse event during labor. In the vast majority of births, the baby experiences no significant injury during labor; however, harm can and does occur in a small number of cases. In many cases, these injuries have lifelong... Read More

You may be eligible to seek monetary compensation if your child suffers cerebral palsy during birth. We must demonstrate that another party was at fault for the mistakes that led to cerebral palsy. Liability For the Damages and Costs Cerebral palsy is among the most common birth injuries . Anyone who is at fault for... Read More

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... Read More

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... Read More