June 26, 2011

Medical Malpractice Lawsuit Filed After Pregnancy Complication Leads to Deadly Blood Infection

Without prompt and adequate treatment, pregnancy complications often threaten the life of a mother carrying the child as well as child itself. Illinois birth injury lawyers realize that to protect lives, doctors must properly examine and diagnose pregnant mothers who exhibit signs of infection and provide treatment to prevent the condition from worsening.

An article published recently in the Dallas Morning News shows how a treatable infection can quickly degenerate into deadly septic shock if healthcare providers fail to administer appropriate care. A woman was admitted into the hospital with an 104.8 degree fever and complaining of neck and lower back pain – characteristic signs of an infection. A sonogram showed that the woman had been 17 weeks pregnant, but the baby had died. Rather than removing the fetus immediately to address the infection and without examining the woman, doctors ordered the procedure to be performed the next morning, 16 hours later.

During the intervening hours, the woman’s condition devolved into sepsis, a severe blood infection caused by an infection in another part of the body that can result in blood clotting, multiple organ failure, and death. The woman experienced septic shock and fell into a coma that lasted for three months.

Now the woman must receive dialysis three times a week, is on the waiting list for a kidney transplant, and has suffered two strokes, brain surgery, blood clots, liver damage, a partial hysterectomy, and heart surgery. The family filed a medical malpractice lawsuit seeking redress for this pain and suffering and to cope with over $3 million in medical bills accrued so far. The hospital could have avoided all of these afflictions had the staff met the standard of care and recognized the severity of the woman’s condition on that first night.

Our Chicago medical malpractice attorneys have represented families who suffer when their attending physicians fail to properly diagnose and treat pregnancy complications. In June 2009, we settled a case for $5.35 million on behalf of a daughter whose mother died after her physician failed to diagnose and provide timely treatment for her postpartum cardiomyopathy. The mother arrived in the emergency room with complaints of shortness of breath and chest pain. She was not boarded in the ICU and was improperly treated in the emergency room for pneumonia, worsening her heart failure. She died 15 hours later.

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June 14, 2011

Medical Malpractice: The sad case of shoulder dystocia

Our Chicago birth injury attorneys often receive troubling calls from heartbroken parents describing incidents of shoulder dystocia. According to a recent article from MissionLocal.org, shoulder dystocia is a birth complication often associated with, but not limited to pregnant women with diabetes. Shoulder dystocia occurs when a child’s head is delivered, but the shoulders of the child are unable to pass through the birth canal. When this occurs, the child is immediately in jeopardy of suffering serious birth injuries or even death. According to the report, sometimes doctors are able to avoid injury by quickly repositioning the child, but others aren’t so lucky.

Shoulder dystocia is one of the most dangerous birth complications. Once the head of a baby is delivered, significant strain is placed on the umbilical cord. In a typical childbirth setting this is not a problem because of the relatively short period of time between delivery of a baby’s head and shoulders. In shoulder dystocia cases, however, the prolonged stress often leads to permanent injuries.

John Perconti filed a lawsuit against Evanston Hospital in 2005 for complications suffered by Denise Juarez when the birth complication of shoulder dystocia caused her to ultimately suffer from Erb’s palsy, which is the weakness or loss of movement caused by damage to the nerve bundles at one’s shoulders.

While some cases involving shoulder dystocia can not be predicted, many others can, and failing to diagnose a fetus with a high propensity of suffering a shoulder dystocia is medical malpractice. In the case of Denise, the facility was negligent in a number of ways. The staff failed to perform an ultrasound prior to delivering Denise to determine her size, given the fact that Denise’s mother had previously delivered a large baby. Additionally, the staff failed to inform Denise’s mother of her increased risk for shoulder dystocia and failed to offer a Caesarean section as an option to reduce these risks. Finally, during delivery, the labor and delivery team failed to perform the proper disimpaction techniques, and the doctors applied excessive force causing Denise’s permanent nerve damage.

John and the rest of the birth injury lawyer team at Levin and Perconti, using their knowledge gained over many years practicing in the area, were able to settle Denise’s case for $1.3 million dollars. This money will help provide Denise the care and treatment necessary to live a more normal life.

June 7, 2011

Chicago Birth Injury Lawyer: Spotlight on Brachial Plexus Injuries

Chicago injury lawyers at Levin & Perconti are very familiar with cases involving brachial plexus injuries. These injuries are some of the most common forms of medical malpractice at birth, and often have life-long effects on the injured child and his or her family.

The Mayo Clinic website defines the brachial plexus as a “network of nerves” originating at the back of a person’s neck in the spinal cord that branch down through a person’s shoulder, arm and hand. Most of the brachial plexus injuries we see occur during birth, many as a result of shoulder dystocia. A dystocia occurs when a baby’s shoulders get caught against its mother’s pubic bone during delivery. This can happen if a baby is too large to fit through the birthing canal. When a dystocia occurs and a medical provider, such as an obstetrician or midwife, uses excessive force or improper movements to try to dislodge the baby, these movements can damage a child’s brachial plexus nerves.

Injuries may occur in several different ways. For instance, if the brachial plexus nerves are stretched, it may result in short term injury and the victim usually can fully recover. The nerves may also tear partially or completely, with varying effects. In the event of a tear, nerves can often heal. An avulsion is the most severe type of brachial plexus injury because the nerves are not able to repair themselves. The extent of the injury is also determined by the location of the injury. For instance, if the injury occurs in the upper part of the brachial plexus network, Erb’s palsy occurs. Lower injuries can cause Klumpke’s palsy which affects the hand or the child’s wrist.

The long-term repercussions of a brachial plexus injury at birth vary. In some cases, the injury is slight and some brachial plexus injuries fully heal on their own within the first few months of a child’s life. Some of the symptoms of a brachial plexus injury include limpness or paralysis of the arm, a lack of controlled muscle movement in the arm, hand, or wrist, and lack sensation in the arm, wrist or hand. Physical therapies or surgeries may be used to treat these injuries in an attempt to restore functionality.


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