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February 22, 2011

Trends and complications of cesarean sections and induced labor may lead to birth injury lawsuits

HealthBeat recently reported on the amount of cesearean sections in the past 35 years. Results show that numbers have tripled. Expectant mothers are likely now, more so than ever, to choose a c-section in advance rather than undergo a vaginal birth. In addition, according to another research study, the number of induced births has also increased. It has been reported that nearly 40% of births are electively induced – meaning that there was no medical necessity requiring the induction.

But while these numbers are growing, so are the complications attributed to each of these procedures. During induction, women are administered the drug Pitocin. Because induced labor is often painful, women are also given an epidural. Epidurals can increase the chances of a vacuum or forceps being used during delivery. Furthermore, because babies born by induced labors can often be born too early, the babies will likely be required to stay in the hospital’s neonatal care unit a lot longer than most infants.

Similarly, as addressed by the National Center for Health Statistics (NCHS): “Cesareans are associated with higher rates of surgical complications and maternal re-hospitalization as well as with complications requiring neonatal intensive care unit admission… In addition hospital charges for a Cesarean delivery are almost double those for a vaginal delivery.” Moreover, c-sections are major surgeries which require the patient to recover afterwards. This recovery can often take several weeks.

But while more and more women are choosing to undergo these pre-planned types of births, other women don’t have a choice. At times, c-sections are vital and if not done properly or efficiently, they can often lead to other birth injuries. It is extremely important for healthcare professionals to be cautious and thorough when dealing with such emergency situations in order to minimize error and avoid birth injury lawsuits. However, as our Chicago birth injury attorneys know, that is not always the case.

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Posted In: C-Section Delay, Illinois Birth Injury, Medical Malpractice Lawsuit, Reports & Studies

February 17, 2011

Lawsuit filed after hospital released a woman in labor

The McKinney Courier-Gazette reported on a pregnant woman who was forced to give birth to her daughter at home after she was turned away from her local hospital. The woman reported to the hospital’s emergency room for treatment. She told the staff in the emergency room that she was suffering from sudden and severe pelvic pain. But the staff discharged her the same day without conducting an examination. When the woman returned home, she went into labor. Her delayed delivery caused her newborn daughter to sustain a traumatic birth injury.

When an unborn baby is delayed during labor, there may be tragic consequences affecting the health of the child. A delayed delivery may cause hypoxia resulting in brain injury due to lack of oxygen. Delayed deliveries may also cause cerebral palsy, Erb’s Palsy (paralysis of the arm), and other learning or developmental disabilities.

Delayed births may be the result of the inattentiveness or the negligence of the attending physician or hospital staff. Victims of birth injuries are sometimes awarded multi-million dollar verdicts or settlements to compensate for the medical costs, pain and suffering, and even the disability the child and their family may face.

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Posted In: Erb's Palsy, Lack of Oxygen to Fetus, Medical Malpractice Lawsuit

February 14, 2011

U.S. Hospitals Deliver Babies Too Early, Leading to Increased Risk for Birth Injuries

Researchers at The Leapfrog Group reported that more than 40% of babies born at some hospitals are delivered early for no medical reason. The Leapfrog Group is a hospital-quality watchdog group. Last year, The Leapfrog Group surveyed 773 hospitals and found that thousands of babies were electively scheduled for a delivery before the children were fully developed. Their method of survey was verified and endorsed by the National Quality Forum. Of the 773 hospitals, some hospitals reported 10 times the number of medically unnecessary deliveries when compared to the others. Early delivery puts children at risk for birth-related brain injuries.

The American College of Obstetricians and Gynecologists (ACOG) warned that a baby needs at least a completed 39 weeks to develop the brain and other organs. The 39 week benchmark is due to the fact that the brain and other vital organs, such as the lungs, are not completely developed until the last few weeks. Although there are legitimate medical reasons to schedule an early birth, such as broken membranes before labor begins, according to the medical director for the March of Dimes, “a baby’s birth should not be scheduled before 39 weeks of pregnancy, unless their health care provider says it’s medically necessary.”

Early elective delivery doesn’t only put children at risk, it is financially burdensome the new parents. When children are born too early, they must be carefully monitored in the neonatal intensive care unit. According to the March of Dimes, in 2007 the average cost to the parents for a premature birth was $64,713. This is more than four times the average cost of a full-term infant at $15,047. The Leapfrog Group cited a study that estimated about one billion dollars can be saved annually if the rate of early elective deliveries were reduced to only 1.7%.

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Posted In: Birth Injury Prevention

February 8, 2011

Birth Injury Lawsuit Leads to $3 Medical Malpractice Verdict

Avvo reported last week on the culmination of a medical malpractice lawsuit stemming from a birth injury.

The actual medical error leading to the trial occurred 18 years ago. The negligent obstetrician-gynecologist was presiding over the delivery of a baby girl when problems developed. However, the negligent doctor failed to act in a timely manner to help prevent complications from developing. Specifically, the doctor allowed a substantial time delay between the complications and the ordering of surgery. As a result of that error, the child suffered fetal asphyxia caused by umbilical cord compressions.

The damaging occurrence often leads to neurological problems in the infants, including cerebral palsy or even death. The child born here suffers from a number of developmental problems.

After hearing the evidence, the jury in this case found that the doctor’s poor care was a substantial factor in the girl’s asphyxia and subsequent neurological problems. They awarded her $3 million for her losses.

As blog readers are aware, quick action is crucial during childbirth. Even small delays in decision-making can be the difference between life and death. All childbirth doctors know this and are therefore held to a reasonable standard of care when they aid in deliveries.

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Posted In: Cerebral Palsy

February 4, 2011

Illinois Birth Injury Lawsuit Spurs Hospitals to Ban Delivery Room Cameras

The New York Times reported yesterday on a hot-button issue related to childbirth and medical malpractice. In a move that has angered many families expecting children, some hospitals have banned or restricted the use of cameras during the child delivery process. For many families early photographs and videotapes of the event are priceless memories that are cherished. However, others are not allowed the opportunity to capture those memories as some hospitals move to keep secret the goings-on of a delivery room medical staff.

What is perhaps shocking is that the main motivation for the ban has nothing to do with patient safety but doctor legal protection.

The story explains that the impetus for the rule in many places is the fear that when problems arise juries will be able to see the video. That is exactly what happened in an Illinois birth injury lawsuit following the delivery of a child at the University of Illinois hospital with shoulder complications and permanent injury. The father in that case had been recording the developing problems, capturing honest reactions from doctors and nurses about what went wrong and what “should” have been done. In that case, the jury ultimately awarded the victims $2.3 million for the birthing errors.

One doctor said, “I openly admitted to my co-workers that I practice defensive medicine [and] take offense…that now I have to be videoed to prove that I’m providing good care.”

No national standards dictate the videotaping policy in hospital rooms, so hospitals are free to create a policy of their own. However, when openness and honesty are touted as the keys to superior medical care, there would seem to be nothing to fear from allowing families to tape the moment.

As one hospital’s obstetrics chairman that allows taping explained, “We’re trying to be as transparent as we can. If something goes wrong, we try to explain immediately what happened. A video is not inconsistent with the goal of trying to be transparent.”

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Posted In: Medical Malpractice Lawsuit

February 1, 2011

Child Suffers from Cerebral Palsy and Seizures after Alleged Medical Malpractice

According to a lawsuit recently filed by Fiona and Stanley Brown, negligence on the part of Lakeland OB-GYN and Lakeland Regional Medical Center caused their child, Destiny, to be born suffering from cerebral palsy and seizures.

The birth injury lawsuit claims that while Fiona and Stanley were at Lakeland Regional, the fetal monitor strip indicated a decrease in fetal heart rate. At thirty-eight weeks pregnant, Fiona was told that she needed to undergo an emergency Cesarean section.

Lakeland Regional is accused of not providing timely care before Destiny’s birth, not treating the fetal distress quickly enough, not reporting changes in Fiona’s condition to the attending doctor quickly enough, and of delaying the C-section.

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Posted In: Birth Injury Prevention, Birth Injury Treatment, Birth Injury Trial, Cerebral Palsy, Illinois Birth Injury, Medical Malpractice Lawsuit, Pre-term Birth

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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