Mesothelioma Legal Advice

Cerebral palsy is a condition that results from a brain injury or abnormality that occurs during fetal development, the birthing process, or within the first several months of the infant’s life. Though doctors have yet to fully understand all of the causes of early brain damage, medical science has identified a number of cerebral palsy causes and risk factors:

Maternal Infections

Maternal infections may increase the risk of cerebral palsy by as much as nine times and include:

• Urinary tract infection (UTI)

• Bladder or kidney infection

• Rubella

• Sepsis (an infection of the bloodstream)

• Chorioamnionitis, a uterus infection

• Toxoplasmosis

Because maternal infections are a known and often preventable cause of cerebral palsy, pregnant women should always seek medical treatment as soon as they believe they have an infection.

Prenatal/Neonatal Infections & Complications

The following prenatal/neonatal infections may increase the risk of cerebral palsy:

• Bacterial meningitis

• Viral encephalitis

• Group B streptococcal infection

• Herpes group B

• Sepsis

It is not known exactly how these infections cause cerebral palsy; however, evidence suggests that prenatal infections may lead to preterm birth—another risk factor for cerebral palsy. Other evidence suggests that cerebral palsy can be caused by brain damage triggered by infections.

Rh incompatibility and jaundice are additional complications that may cause cerebral palsy in the developing infant.

Premature Birth/Low Birth Weight

Preterm birth (occurring before 37 weeks gestation) and low birth weight are known to significantly increase the risk of cerebral palsy. Preterm babies are particularly vulnerable and are more likely to have health complications and be hospitalized.

Risk factors for preterm birth include certain maternal infections, stress, previous pregnancy with preterm labor, multiple births such as twins or triplets, smoking or alcohol/drug use, and cervical or uterine abnormalities.

Birth Injuries & Medical Malpractice

While many cases of cerebral palsy are congenital—that is, present at birth—some instances of cerebral palsy are due to damage to the brain during the birthing process itself. Birth injuries are largely preventable but may happen when medical staff fail to:

• Diagnose and treat maternal infections

• Recognize and respond to fetal distress

• Perform a C-section in a timely manner

• Treat jaundice in the newborn

• Ensure adequate oxygen supply

• Properly use equipment such as forceps or vacuum extraction

Medical malpractice is not necessarily intentional, but the consequences can be devastating nevertheless. When cerebral palsy is caused by medical malpractice, families may be able to pursue legal action to obtain compensation for their treatment costs and losses.

When to Talk to a Cerebral Palsy Attorney

If you had a complicated labor and delivery and your child was diagnosed with cerebral palsy, medical malpractice may be to blame. Costs for lifetime treatment of cerebral palsy, which is incurable, can average more than 0,000. One option may be filing a medical malpractice lawsuit so you and your family can receive compensation for cerebral palsy treatment. You may also be entitled to money for your pain and suffering, your child’s loss of earning capacity, and various additional costs related to the cerebral palsy.

A child with cerebral palsy may have multiple special needs, depending on the severity of the condition. In more severe cases of cerebral palsy, a child may also suffer from mental retardation, behavioral problems, epilepsy and other associated conditions. Meeting the needs of a cerebral palsy child can be financially overwhelming for families, particularly when the child requires:

· 24-hour or long-term care

· Assistive devices such as a wheelchair

· Medication

· Physical, occupational, speech or mental therapy

· Surgery

Parents of a cerebral palsy child may be able to obtain assistance with some of these needs from local or national, governmental or non-profit organizations. However, some families might be eligible for compensation from a different source: cerebral palsy lawsuit. Damages for eligible families may include money for permanent disability, costs for medical treatments, pain and suffering and other expenses related to cerebral palsy.

Was Your Child Harmed by Medical Malpractice?

Cerebral palsy is primarily caused by damage to a baby’s developing brain, but there are many cases in which there are no reasons for the condition. However, a small percentage of the thousands of diagnosed cases of cerebral palsy each year may have been prevented with proper medical care.

There are several well-known factors that may cause or contribute to the development of cerebral palsy in a child. These include:

· Maternal/fetal/newborn infections

· Seizures after birth

· Pre-term delivery

· Low birth weight

· Severe jaundice

· Oxygen deprivation

· C-section or other delivery complications

While it’s not always possible to prevent these things from occurring, medical professionals have an obligation to take proper precautions and to respond to complications in a timely manner so as to reduce the risks to the mother and child. The results can be devastating when medical professionals fail in this obligation, and they can be held responsible for any damages that were suffered.

A Cerebral Palsy Lawyer Can Help

Treating a cerebral palsy child can cost hundreds of thousands of dollars over his/her lifetime. If your child’s condition was caused by medical malpractice, a cerebral palsy lawyer can help you to get the compensation needed to care for your child.

It is important to note that medical malpractice cases are subject to a statute of limitations. Because of this, a strict deadline will be enforced in the filing of your lawsuit, assuming you are eligible. As soon as you suspect that your child has cerebral palsy as a result of medical malpractice, you should contact an attorney immediately to ensure that your rights are fully protected.

Contact Burke & Eisner Today

The attorneys at Burke & Eisner have helped numerous families recover compensation from doctors and other parties who caused a child to develop cerebral palsy. If you would like to discuss the details of your case with an experienced attorney and find out whether your child’s cerebral palsy was as a result of medical malpractice, contact us today. At no cost to you will will evaluate your cast, answer any questions you have and discuss your options.

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Brachial plexus injuries affect thousands of babies born each year in the United States and may result in conditions like Erb’s palsy. The group of nerves that runs from the spinal cord in the neck, down the shoulder and into the hand is referred to as the brachial plexus. Injuries to this group of nerves may occur as the baby passes through the birth canal, particularly if the shoulders become impacted.

Brachial plexus injuries are preventable with proper medical care. And while many brachial plexus injuries resolve themselves with no medical treatment, more severe injuries may require extensive treatments such as surgery. Some children never fully recover from brachial plexus injuries.

Minor to Severe Injuries

Injuries to the brachial plexus vary in nature, depending on the particular type of damage done to the nerve. Less severe brachial plexus injuries include:

· Neuropraxia – the nerve is damaged (stretched, for example) but not torn

· Neuroma – scar tissue has formed around a damaged nerve, preventing the nerve from sending signals to the muscles of the shoulder, arm and/or hand

More severe brachial plexus injuries include:

· Rupture – the nerve is torn but not from the spine

· Avulsions – the nerve is torn from the spine

Symptoms of a brachial plexus injury include weak or limp arm, impaired movement, or paralysis of the hand or arm.

Diagnosis & Treatment of Brachial Plexus Injuries

Diagnosing a brachial plexus injury may involve a battery of tests including x-ray, magnetic resonance imaging (MRI), computed tomography (CT) scan, and/or nerve conduction testing. Once brachial plexus injuries are diagnosed, the treatment options available will depend on how sever the nerve damage is. Physical therapy is a common treatment for less serious brachial plexus injuries.

For more serious injuries, surgery for nerve grafting or transfer may be necessary. The best outcome is achieved if treatment begins shortly after the injury is sustained. Because of this, if you notice any symptoms of a possible brachial plexus injury in your child, you should consult with a physician as soon as possible.

When to Consult an Attorney

Medical negligence is an unfortunate cause of birth injury, but it happens nevertheless. You may wish to talk to an attorney if your baby was born after an especially difficult or traumatic delivery, particularly if:

· The baby was in breech position or larger than 9 lbs

· Force was used to pull the baby from the birth canal (for instance, vacuum extraction or forceps were used)

· The labor was prolonged

An attorney can evaluate your case to determine if medical negligence was a possible factor in your child’s condition and whether you may be eligible for compensation. Victims of medical malpractice may be able to collect money for things such as medical treatment expenses, pain and suffering, and loss of earning capacity.

Contact Burke & Eisner Today

At Burke & Eisner, our dedicated attorneys have helped clients across the country obtain significant settlements and verdicts for injuries caused by medical malpractice. To have us review your case at no charge, contact us today. We’d be glad to inform you of your options and answer any legal questions you may have.

A placental abruption injury is a condition where the placental lining separates from the mother’s uterus.  In situations where placental abruption occurs, to not place the mother or child at risk of severe injury or death, a obstetrician must immediately diagnose the condition and preform an emergency C-section.  Symptoms which point to placental abruption include pain and abnormal bleeding in the mother or a drop in the heart rate of the unborn child.

In this situation, a mother was admitted to the hospital when she was in labor.  Soon after she was admitted her baby went into severe fetal distress as the heart rate decreased drastically from 150 to 90.  Despite the nurse’s attempts, the child’s heart rate would not increase and she paged the mother’s physician.  Her physician got to the hospital roughly thirty minutes after the mother was admitted.  Upon his arrival he performed an examination of the mother which made him to believe that she would need to undergo an emergency C-section, however, he did not have the credentials to perform a C-section and paged an obstetrician.  approximately forty minutes after the mother arrived at the hospital this obstetrician arrived.

Approximately forty minutes after the mother was admitted the obstetrician arrived at the hospital. Following a quick examination the doctor diagnosed her with partial placental abruption and called a surgical team to do the C-Section. Nearly an hour after the mother arrived at the hospital her emergency C-section finally took place. However, the child was not delivered in time. She suffered severe brain damage and was in a permanent vegetative state which requires constant care. The mother also suffered complications related to the birth which made her undergo a hysterectomy, rendering her unable to have any other children.

At trial, the lawyer representing the family successfully argued that when the nurse paged the mother’s doctor the standard of care required him to immediately contact a surgical team to perform the C-section. If this had happened, the surgical team would have been able to perform the C-section approximately a half hour after the mother got to the hospital and the resulting injury to the baby would not have occurred. Despite her physician’s denials, the mother testified at trial that after the labor her physician told her that he should have contacted the surgical team earlier.

Following the trial, the family was successful in obtaining an award of million, with .2 million to the child, .3 million to the mother and .5 million to the father. As clear from this verdict, the jury wanted to send to obstetricians. If a obstetrician fails to act immediately when it is clear that the health of the baby is at risk and the failure to act results in injury to the physician will be substantially liable.

The jury in this matter sent a clear message: if a physician fails to take immediate action when there is evidence that the health of the child is at risk and the delay results in permanent and severe harm to the child, that physician will be held liable. Attorneys who represent families in birth injury cases first have the case carefully reviewed by medical experts and, if the case passes the expert review, prepare the case thoroughly for trial.

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This article is about finding a birth injury attorney to file a lawsuit to obtain compensation for brain damage that resulted from an injury to your child. This injury will have occurred sometime between the onset of labor and shortly after birth. The cut off point for classification of an injury as a birth injury would be the completion of the immediate post-birth ablutions and diagnoses. This period would be extended by any findings that required additional care, including jaundice.

Brain damage due to a birth injury usually means perinatal asphyxia or vacuum extractors. Usually, birth injuries are caused by an improper procedure. This is different than the cause of birth defects. Birth defects can occur at the moment of conception or at different times during gestation. Ask you doctor straight out whether your child’s condition is the result of a birth defect or a birth injury. Get as much info from your physician as you can get – and take notes.

Start a journal so you have a running record of your child’s condition and the child’s development. The wheels of justice grind slowly, and all that. So keep a record of everything, starting now. The type pf attorney you want would look like this in a hypertext links track: attorney / personal injury / birth injuries / brain damage.

Use a lawyer who at least specializes in birth injuries. A sub-specialization in brain injuries would be fine, but brain injuries account for half of all disabilities stemming from birth injuries, so an experienced birth injury attorney will also be an experienced attorney when it comes to brain damage.

Many jurisdictions put a dollar limit on the amount of legal damages a child sue for in the areas of pain, suffering, mental duress and emotional distress. Ask a prospective attorney what the case is in your state and, if so, will he/she advise suing for the maximum.