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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 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

Brain damage is among the most serious birth injuries a baby can suffer. It can be caused by head trauma during the delivery process due to oxygen deprivation and decreased blood flow to the baby’s brain. Brain trauma can affect a child’s ability to grow and develop normally, impacting their entire life. A new study... Read More

The Florida Supreme Court permitted a family to resume their birth injury claim against the University of Miami (UM). According to the Florida Record, the parents of a child who is currently age 17 filed a lawsuit against UM, alleging that at the time of his delivery at Jackson North Maternity Center in Miami-Dade County,... Read More

Babies with brachial plexus palsy may be at a higher risk of developing plagiocephaly, or flat head syndrome, a condition that causes an infant’s head to be misshapen. Brachial plexus palsy is a birth injury that results in weakness or the loss of movement in a baby’s arm due to the collection of nerves around... Read More

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... Read More

You Didn’t Expect This… No parent wants to see their newborn injured, sick or in pain.  It’s even worse when the injury could have been prevented!   Infants are the most precious gifts.  Obstetricians begin caring for them before they are born, by monitoring and caring for expectant mothers. Unfortunately, pregnancy is a very vulnerable... Read More

Cerebral palsy can occur because of a maternal illness during pregnancy or a disease obtained during infancy, but when cerebral palsy is caused by a medical mistake during the labor and delivery process, it is overwhelming to know that it could have been avoided. Sadly, cerebral palsy is not curable. When this Florida birth injury... Read More

A Brachial plexus injury, also known as Brachial plexus palsy, is an injury that occurs during the delivery of a newborn when the head and shoulder are abnormally stretched, damaging the nerves of the shoulder. This birth injury may cause your newborn’s arm to lay limp or have limited mobility in the shoulder and/or hand.... 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

The Florida Supreme Court in December 2015 decided not to hear a dispute over whether the University of Miami could be held liable for the actions of two physicians it employed through its medical school. The case concerned a baby who sustained a brain injury during delivery in 1998 at Jackson North Maternity Center in... 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

If your child has suffered a birth injury due to the negligence of doctors or medical staff, you may be considering taking legal action to pursue fair compensation for medical expenses. Birth injuries can have a lasting impact on your child’s life and will likely require constant medical care. There are a number of important... Read More

Some common birth injuries associated with C-sections include: Facial or body cuts Fractures Spinal cord injuries In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There... Read More

Parents of injured children often struggle with questions such as – Should I hire an attorney to pursue compensation in a birth injury claim? The answer depends on the extent and cause of the injury. An attorney can provide legal representation if a parent believes a doctor or hospital’s mistake caused a birth injury, such... Read More

Erb’s palsy can be the basis for a birth injury lawsuit. Erb’s palsy is one kind of brachial plexus palsy. It is a paralysis of the arm caused by an injury to the brachial plexus, a network of nerves in the neck that leads to nerves in the arm. Erb’s palsy causes lack of motion... Read More

It is important that parents file a medical malpractice lawsuit before the Statute of Limitations expires. In Florida, the Statute of Limitations for medical malpractice is either within two years of when the injury occurred or within two years of when the injury was (or should have been) identified, whichever is later. In addition, the... 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