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,...
Pregnant women may sometimes require assisted delivery through the use of medical instruments to help the baby’s passage through the birth canal. In such cases, the doctor uses either a vacuum device or forceps to aid childbirth. An assisted delivery may be necessary if the mother is undergoing a lengthy, difficult labor and is too...
Researchers in England have found that babies born during weekends have a slightly higher risk of dying within their first seven days in comparison to those born on weekdays. Imperial College London scientists analyzed 1.3 million births across English National Health Service hospitals between April 2010 and March 2012. Their findings showed the death rate...
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...
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 recent study found that glyburide, a drug used to treat gestational diabetes, is associated with a number of serious birth complications. The drug, which has increased in use over the last decade, was associated with hypoglycemia, high birth weight, respiratory distress and birth injuries. In addition to being more likely to have complications, babies...
Florida Supreme Court declines University of Miami birth injury liability case
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...
The Many Types of Florida Birth Injuries and the Laws that Protect Victims
Many Florida parents have had their life changed in the blink of an eye when their babies suffered birth injuries at the hands of negligent medical doctors. What once was a happy occasion turned into a traumatic situation and medical emergency. When an expectant mother goes into labor, she is thinking about the excitement of...
How to Identify Toddler or Infant Head Injury Signs, A Parent’s Guide
Child head injuries get lots of attention in the sports arena, but concussions aren’t limited to young athletes and high school football players. Infants and toddlers also are prone to head injury. This is especially true as infants and young toddlers begin to crawl, walk and explore the world around them. Seeing your baby “bonk”...
Possible Causes of Brain Injuries in Infants
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,...
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....
Birth injury lawsuit filed by Florida parents
A birth injury lawsuit has been filed by a mother and father in Florida, alleging that their child sustained hypoxic ischemic encephalopathy and other serious birth injuries. The parents, Jenifer and Sean Mochocki, filed the lawsuit March 25 in federal court in Jacksonville, Florida, against the United States of America, pursuant to the Federal Tort...
What You Should Know About Filing A Birth Injury Lawsuit?
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...
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 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...
What Are Some Types of Palsy Resulting from Birth Injuries in Infants?
What Are Some Types of Palsy Resulting from Birth Injuries in Infants? Injury during the birthing process can lead to certain types of palsy including: Erb’s: A type of paralysis from injury to the arm’s upper nerves. Klumpke’s: A type of paralysis from damage to the forearm or hand. Brachial Plexus: Injury of the spinal...
Can I file a birth injury lawsuit for Erb’s Palsy?
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...
Can You Seek Monetary Compensation If Your Child Suffers Cerebral Palsy During Birth?
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...