Florida hospitals have among the highest cesarean section rates for low-risk pregnancies for first-time mothers in the nation. Consumer Reports analyzed C-section data reported by more than 1200 hospitals across the country. They found C-section rates varied significantly among institutions and within the same communities. Low-risk pregnancies are defined as those in which the baby...
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...
An appeals court upheld a $3 million verdict against Janssen Pharmaceuticals, Inc., which is a subsidiary of Johnson & Johnson, for serious birth injuries that were caused by the mother’s ingestion of Topamax while she was pregnant. As reported in PRNewswire, the daughter of Kelly and Brian Anderson was born in 2008 with bilateral cleft...
A jury rendered an award of $53 million to a 12-year-old boy who was born with a serious brain injury following 12 hours of fetal distress in the course of the delivery. The trial in the medical malpractice cased lasted one month, and was initiated in December 2013 by the boy’s guardian, who filed a...
Medical staff are responsible for carefully monitoring the unborn baby throughout labor and delivery. They must ensure the infant is getting enough oxygen and is not displaying signs of fetal distress. Common warning signs of fetal distress include changes in the baby’s heart rate or movement. Doctors often use electronic fetal monitoring (EFM) to ensure...
New research indicates the drug erythropoietin may be effective in protecting babies from brain damage. Hypoxic Ischemic Encephalopathy (HIE) is a dangerous complication that can occur during delivery. Newborns suffer brain damage due to oxygen deprivation in the nervous system, which can cause debilitating birth injuries such as cerebral palsy and even death if left...
A resident of Florida has filed a birth defect lawsuit against Pfizer, the manufacturer of Zoloft, an antidepressant. The plaintiff alleges that the drug caused her daughter to have a birth defect. The plaintiff further claims that Pfizer neglected to sufficiently test Zoloft as well as failed to warn consumers and physicians of the potential...
When a child is having a seizure, it’s an extremely frightening experience for a parent. It’s important to know what to do should your child have a seizure so you can avoid panic and foster a quick recovery. Possible Causes of Seizure When children have seizures, many parents automatically assume the cause is epilepsy. But...
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...
A Cesarean birth is a major medical procedure performed on a pregnant woman who cannot give birth vaginally. It means the baby will be delivered by surgery, via an incision across the belly and uterus, rather than vaginally. When a C-section May Be Necessary C-sections are done because of pregnancy complications or because of complications...
As parent’s ourselves we understand what a responsibility parents carry to keep their children safe. Children and their safety is always top priority. As a service to our clients and other parents, we have created this section to offer advice to help. Over the last thirty years, we have learned tips to avoid some of...
Epidurals have become a common method for managing pain during labor and delivery. Over half of all pregnant women in the United States choose to receive the injections for pain relief during childbirth. An epidural injection is a regional anesthesia administered intravenously around the lower spinal cord area. It is popular because it can help...
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...
Your legal options when your baby suffers birth injuries in Florida may include filing a medical malpractice lawsuit for the injuries depending on the circumstances of your case. You might be eligible for compensation if medical malpractice is to blame for your newborn’s birthing injuries. Examples of Medical Malpractice There are many things that can lead to...
Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful...
When a mother hears that her newborn baby suffered a birth injury, she is often not prepared for this news and doesn’t know much about birth injuries. So, when a mother hears the terms Erb’s palsy and shoulder dystocia used after her baby is born, she needs to understand the connections between the two birth...
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...