A West Palm Beach, Florida, couple has filed a birth injury lawsuit against an obstetrician who they claim caused their son’s cerebral palsy by choosing to extract him with a vacuum pump instead of allowing a natural delivery. The boy, now 16 years old, was born with the condition on March 6, 1998, and currently...
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...
Health experts are urging pregnant women to eat healthy and exercise in order to combat obesity and reduce the pregnancy risks associated with it. According to the American College of Obstetricians and Gynecologists (ACOG), more than 50 percent of the nation’s childbearing-age women are obese, overweight or have chronic diseases when becoming pregnant. Obese women...
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...
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...
A Florida woman has filed a lawsuit against a certified nurse midwife (CNM), alleging that the midwife’s negligence caused her baby to experience a brachial plexus injury during childbirth. According to the complaint, Barbara Carroll, CNM, did not provide appropriate care to the woman, who had been diagnosed with gestational diabetes and had already been...
Infants are more susceptible to head injury than adults given that their heads are proportionately bigger and they have yet to develop the muscles and coordination that adults have. While most head injuries in infants are minor, serious brain injuries can occur in traumatic accidents and during complicated births. Causes of Infant Brain Injury Infants,...
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...
Erb’s Palsy, which is also referred to as brachial plexus birth palsy, is a type of obstetric brachial plexus injury that can occur due to complications at the time of delivery. The brachial plexus is a system of spinal nerves that convey messages from the spine to the shoulders, arms and hands. The most typical...
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...
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...
Erb’s palsy is a birth injury that limits a child’s ability to use the affected shoulder, arm and hand in a “typical” capacity. Medical professionals may advise a course of treatment that includes daily at-home exercises and prescribed movements. These are intended to help the child regain mobility, prevent atrophy and promote healing. Surgery may...
Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time....
First it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families...
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...
A doctor may be responsible for Erb’s palsy in cases of medical negligence. The doctor’s error could occur during prenatal care, labor or delivery. Additionally, a failure to diagnose and begin treatment for Erb’s palsy may signal negligence. Parents may pursue compensation in a birth injury claim stemming from a doctor’s mistake. Compensation can address...
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...
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...