January 31, 2011

Another Cerebral Palsy Birth Injury Lawsuit Filed in Illinois

Oxygen deprivation during the birthing process can result in serious injury to the child or death. Children who do not receive enough oxygen during the birthing process may be born with a hypoxic brain injury. A child born with a hypoxic brain injury can develop cerebral palsy – a disorder that affects movement and posture. The functional effect of cerebral palsy can be one or more of the following: impaired movement, involuntary movement, rigidness of limbs, abnormal posture, or unsteadiness in walking. Children who suffer from cerebral palsy often also suffer from abnormalities in brain development including, but not limited to, intellectual disability or seizures. Therefore it is essential that the physicians and medical staff assisting in childbirth diligently watch for signs of oxygen deprivation in order to prevent a hypoxic brain injury that can develop into cerebral palsy.

Cerebral palsy as a result of a hypoxic brain injury during the birthing process is not uncommon. Just last month, the Madison St. Clair Record reported that another Illinois birth injury lawsuit was filed in St. Clair County. The family of the victim alleged that negligence by physicians during the birthing process resulted in a brain injury at Protestant Memorial Hospital in Belleville. According to the complaint, the physician’s failure to do an immediate cesarean delivery or perform inutero resuscitation resulted in a hypoxic brain injury. The hypoxic brain injury caused the development of cerebral palsy in their daughter. The child now suffers with the injury every day. She must cope with a learning disability and physical disfigurement. Her parents also face steep medical costs. In their three-count complaint, they seek more than $150,000 plus costs.

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January 7, 2011

Lawsuit alleges that doctors intentionally delayed delivery to increase chance of death.

According to Westlaw News, a pending lawsuit on the west coast claims that hospital doctors intentionally delayed delivery of a baby after they confirmed that the baby would be born with substantial brain injuries. This birth injury lawsuit continues to allege that the hospital doctors delayed delivery in order to increase the likelihood that the baby would not survive delivery.

The unborn baby’s mother is alleging that doctors knew that her unborn baby needed to be delivered immediately and that failure to do so would result in traumatic brain damaged.

She further states that once the doctors determined that the unborn baby had in fact suffered severe brain damage, the doctors purposefully took actions to end the unborn baby’s life in order to save the hospital and the doctors from legal and financial responsibility.

Unfortunately, this pending birth injury lawsuit is not the only case where unborn babies have been affected by a doctor’s negligence. As covered in this blog recently, in one birth injury lawsuit, a newborn baby suffered from fetal hypoxia when doctors failed to order an emergency Cesarean section. In another case, a birth injury lawyer represented the family of a newborn who suffered a brain injury from severe lack of oxygen during delivery. You can read more about these incidents below.

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January 2, 2011

New Hampshire midwife surrenders license following a string of lawsuits

A midwife in Concord, New Hampshire surrendered her license to practice following multiple complaints alleging that the midwife failed to take proper precautions during delivery. Some of the complaints have turned into lawsuits. In one suit, the mother developed an infection and underwent a hysterectomy immediately after giving birth. Another lawsuit deals with a child who suffered severe brain injury during birth.

In New Hampshire, midwives must take a college course in anatomy, study under a practicing midwife and pass a written exam to become certified. The New Hampshire Midwifery Council licenses and oversees the state's lay midwives.

The midwife facing these current allegations has already faced restrictions on her license in the past due to a birth injury in which the midwife failed to monitor the labor properly. According to the Midwifery Council, who keeps files on recorded complaints, the midwife failed to get emergency help in a timely manner and the baby consequently died.

As a result of her negligence in that case, the Midwifery Council required the midwife to temporarily practice under another midwife and to participate in continuing education. However, following her supervision, the midwife assisted eight births in one year that sparked numerous allegations of misconduct.

In one past case, the midwife was unable to locate the baby's heart rate for an extended time near the end of the labor. According to the patient’s allegations, the midwife didn't call 911 immediately after birth even though the baby was not breathing. Instead of calling 911, the midwife allowed a student midwife try to revive the baby. The student did not have any training or education in neonatal resuscitation. Although the baby was resuscitated after being taken to a local hospital, the newborn sustained severe brain injury due to lack of oxygen during birth.

To read more about these allegations, visit the Concord Monitor.

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