Monday, April 8, 2013
Birth Injury Cases
Obstetrical malpractice cases are among the most complex and expensive to bring. Almost every case is contested on causation. The typical case requires experts in the fields of pediatric neuroradiology, genetics, neonatology, placental pathology, obstetrics and gynecology, life care planning and economics. Frequently defendants will have two to three experts for each of the aforementioned specialties.
Do you have a child with cerebral palsy, or know of someone who does?
Do you have a child with cerebral palsy, or know of someone who does?
Do you know that:
a) 5 to 10% of children with cerebral palsy suffer
their injury as a result of medical malpractice, and that
b) 8 out of 10 malpractice cases are never discovered
by the patient.
Call toll free 1-877-CP-CHILD for a free consultation.
Common factors in good malpractice cases include:
• the baby is not breathing at birth and needs resuscitation
• the baby has poor suck on feeding after birth
• the baby has seizures within 24 to 48 hours after birth
Call toll free 1-877-CP-CHILD for a free consultation.
The attorneys with Detroit’s Charfoos & Christensen have worked with parents of cerebral palsy children for more than 30 years. If human error caused the cerebral palsy, these attorneys will sue to recover money to take care of your child’s future life and medical needs.
Call toll free 1 877 CP CHILD for a free consultation.
HOSPITALS ARE DANGEROUS
"According to AARP hospitals are "the worst place to be if you're sick."
Each year as many as 100,000 Americans die in hospitals from preventable medical mistakes. Although 10 years has passed since a sustained effort to reduce hospital errors, the number of deaths continue. A report released in January of 2012 found that hospital staff did not report " . . . a whopping 86% of harms done to patients". It seems that the human natures of denial and rationalization, as well as covering one's own butt, is a significant barrier to reducing hospital errors and the deaths that result from them. Indeed, one study of Medicare patients found that 1 in 7 patients died or were harmed by their hospital care. Incredibly, the number of patients who die each year from hospital errors is equal to 4 jumbo jets crashing each week.
To protect yourself from such errors:
1) Bring an advocate, a friend or family member with you, especially for check in and discharge. It is important that the hospitals have a specific idea of what the signs and symptoms the patient is admitted with and sometimes the patient is not the best historian. Likewise, at discharge, the patient may be under medication or so anxious to leave the hospital that they do not fully comprehend their discharge instructions.
2) Bring a notebook to the hospital with you with a list of all your medications, why you take them and the name of the doctor who prescribed them. Include phone numbers of key physicians and medical contacts. If you have a cell phone bring it with you to the hospital. Also, use this notebook while you are in the hospital if questions come up, so you can write them down and remember to ask your doctor when he or she visits with you.
3) Bring a big bottle of hand sanitizer to the hospital. Put it by your bed to remind you and the staff to keep hands clean. Even today, most hospital infections are due to physician and nurse failures to wash their hands between patients. A recent study showed that one of the most contaminated items in a hospital is the cloth curtain that physicians, nurses and family members pull around the patient's bed to create privacy. Although they may look clean, along with toilet handles and taps, these cloth curtains are the most infected items in your hospital environment.
4) Finally, do not be shy. Do not assume that each of your doctors and nurses remembers your particular case. They may see 20 to 30 patients in a day and they may become confused about which patient has what. It is better to risk offending your doctor or your nurse by reminding them of why you are in the hospital and what care you are receiving, than to say nothing and suffer an injury as a result of that.
Although the attorneys of Charfoos & Christensen, P.C. spend their professional lives representing patients injured by physicians, hospitals and nurses, we are even more committed to the prevention of injuries because a lawsuit only provides money after an injury has occurred.
Wednesday, October 31, 2012
Monday, July 18, 2011
Brain Damaged Baby
BABY ROE vs. OBSTETRICIAN AND HOSPITAL
(MEDICAL MALPRACTICE-BIRTH INJURY CASE)
J. Douglas Peters, Ann Mandt and local counsel negotiated a 2.5 million ($2,500,000) Dollar settlement against the defendant doctor and defendant hospital in this case involving failure of labor to progress, an unsuccessful attempt at delivery using a vacuum extractor for 13 pulls, and a failure to timely deliver the fetus in the face of fetal distress. This case was not litigated in Michigan.
Mother, a 34 year-old gravida-1 at 40 weeks gestation with good clinical dating and ultrasound, presented herself to the hospital at the onset of contractions at about 5:30 p.m. There was no bleeding or rupture of the membranes. Mother's pre-natal course was uncomplicated. She was rubella negative, blood type A+ and her alphafeto-protein had been normal. An infectious disease workup was negative and the mother did not use cigarettes or alcohol during her pregnancy.
Mother was admitted to labor and delivery and watched overnight. In the early morning her contractions began occurring every 2-5 minutes, were mild in intensity and lasted 50-70 seconds. There was good beat-to-beat variability. At about 8:00 a.m., mother's membranes ruptured spontaneously with clear fluid. Her blood pressure rose to 150/90's. In the first few hours following the rupture of her membranes there was a failure of the labor to progress. The labor was augmented by IV Pitocin and over the course of the next few hours, she dilated to six (6) cm. Mother was noted to have some coupling and poor relaxation on her contraction pattern so her Pitocin was discontinued. Contractions then decreased to about one every five to six minutes lasting approximately 40-80 seconds. They were moderate to strong in intensity. Over the next hour there was no progress so the IV Pitocin was restarted at a lower level. Mother again failed to progress and an internal fetal monitoring probe was placed. At this point mild variable decelerations were noted.
Over the course of the next hour, mother progressed to 8 cm. and then fully dilated at approximately 9:30 p.m. Mother was encouraged to push but her pushing effort was noted to be poor and she had difficulty relaxing her legs.
After approximately an hour and a half of such pushing, mother having made only a small amount of progress, a telephone conversation with the obstetrician was obtained. Shortly thereafter, he arrived at the hospital and explained various options to the mother including the selected choice of a vacuum extractor. After 13 pulls of the vacuum extractor, with two to three pop-offs, the vacuum extractor did bring the head down to bring the head down to crowning. It took several more pushes after that for the mother to push the baby out.
Following the delivery, the baby had APGAR scores of 1, 3 and 3 at 1, 5 in 10 minutes after birth. During the last 20 minutes of the second stage, the fetal heart tones ranged from about 150 to 180 and decelerations appeared. Delivery was finally effectuated at approximately midnight.
Upon delivery, the baby was described as being severely depressed, color was pale blue and there was no respiratory effort and the muscle tones were flaccid. After resuscitation, including intubation, the baby was transferred to a Children's Hospital in a University Center. Neonatal seizures occurred within the first 24 hours. The records showed the baby was hypoxic and acidotic with massive subglial hematomas, all of which resulted in moderate/severe cerebral palsy.
This case was settled prior to trial with a non-disclosure agreement.
J.Douglas Peters (313) 875-8080
(MEDICAL MALPRACTICE-BIRTH INJURY CASE)
J. Douglas Peters, Ann Mandt and local counsel negotiated a 2.5 million ($2,500,000) Dollar settlement against the defendant doctor and defendant hospital in this case involving failure of labor to progress, an unsuccessful attempt at delivery using a vacuum extractor for 13 pulls, and a failure to timely deliver the fetus in the face of fetal distress. This case was not litigated in Michigan.
Mother, a 34 year-old gravida-1 at 40 weeks gestation with good clinical dating and ultrasound, presented herself to the hospital at the onset of contractions at about 5:30 p.m. There was no bleeding or rupture of the membranes. Mother's pre-natal course was uncomplicated. She was rubella negative, blood type A+ and her alphafeto-protein had been normal. An infectious disease workup was negative and the mother did not use cigarettes or alcohol during her pregnancy.
Mother was admitted to labor and delivery and watched overnight. In the early morning her contractions began occurring every 2-5 minutes, were mild in intensity and lasted 50-70 seconds. There was good beat-to-beat variability. At about 8:00 a.m., mother's membranes ruptured spontaneously with clear fluid. Her blood pressure rose to 150/90's. In the first few hours following the rupture of her membranes there was a failure of the labor to progress. The labor was augmented by IV Pitocin and over the course of the next few hours, she dilated to six (6) cm. Mother was noted to have some coupling and poor relaxation on her contraction pattern so her Pitocin was discontinued. Contractions then decreased to about one every five to six minutes lasting approximately 40-80 seconds. They were moderate to strong in intensity. Over the next hour there was no progress so the IV Pitocin was restarted at a lower level. Mother again failed to progress and an internal fetal monitoring probe was placed. At this point mild variable decelerations were noted.
Over the course of the next hour, mother progressed to 8 cm. and then fully dilated at approximately 9:30 p.m. Mother was encouraged to push but her pushing effort was noted to be poor and she had difficulty relaxing her legs.
After approximately an hour and a half of such pushing, mother having made only a small amount of progress, a telephone conversation with the obstetrician was obtained. Shortly thereafter, he arrived at the hospital and explained various options to the mother including the selected choice of a vacuum extractor. After 13 pulls of the vacuum extractor, with two to three pop-offs, the vacuum extractor did bring the head down to bring the head down to crowning. It took several more pushes after that for the mother to push the baby out.
Following the delivery, the baby had APGAR scores of 1, 3 and 3 at 1, 5 in 10 minutes after birth. During the last 20 minutes of the second stage, the fetal heart tones ranged from about 150 to 180 and decelerations appeared. Delivery was finally effectuated at approximately midnight.
Upon delivery, the baby was described as being severely depressed, color was pale blue and there was no respiratory effort and the muscle tones were flaccid. After resuscitation, including intubation, the baby was transferred to a Children's Hospital in a University Center. Neonatal seizures occurred within the first 24 hours. The records showed the baby was hypoxic and acidotic with massive subglial hematomas, all of which resulted in moderate/severe cerebral palsy.
This case was settled prior to trial with a non-disclosure agreement.
J.Douglas Peters (313) 875-8080
Tuesday, August 11, 2009
Preventing Cerebral Palsy
Approximately 5000 new cases of cerebral palsy are reported each year in the United States. Great controversy surrounds the cause(es) of cerebral palsy. Various authors have suggested that maternal trauma, bacterial infection, viral exposure, oxygen deprivation prior to or during birth, cigarettes, and plethora of unknowns can cause cerebral palsy.
In a great majority of the cases (over 50%) no specific cause for cerebral palsy can be found. It is known that the greatest predictor of cerebral palsy is prematurity (pre-term labor is defined as the appearance of contractions and dilatation before 37 weeks gestation). Maternal trauma during pregnancy as well as bacterial/viral exposures to the fetus inutero are suspected of being significant contributors to cerebral palsy. Great controversy surrounds the percentage of cerebral palsy caused by physician or nurse errors during labor and delivery. Some authors have suggested that there is no proof that oxygen deprivation during labor and delivery can cause cerebral palsy. The great weight of the evidence on this question, however, suggests that up to 5% of cerebral palsy (250 cases a year in the United States) are the result of physician or nurse errors during labor and delivery.
Because some of the mechanisms capable of causing cerebral palsy are known, certain causes of cerebral palsy may be preventable, avoidable or treatable. These include:
1. Jaundice in newborn infants can be treated with photo therapy. Jaundiced infants are exposed to blue lights that break down bio pigments, thus preventing them from building up and threatening disruption of brain chemistry. In rare cases where this treatment is not enough, physicians can correct the condition with a special type of blood transfusion.
2. Rh (blood factors) incompatibility can be identified by a simple blood test routinely performed during early pregnancy on mothers, and if indicated by history, expectant fathers. Blood typing compatibility does not usually cause problems during a woman’s first pregnancy, as the mother’s body does not produce the unwanted antibodies until after the first delivery. There are exceptions to this.
3. Severe trauma during delivery (e.g. high/mid-forceps, vacuum extraction, aggressive manual rotation, excessive fundal pressure, etc.) can cause skull fractures and/or intra ventricular hemorrages in the fetal/newborn brain. These traumas and/or hemorrhages can cause oxygen deprivation or damage to the cerebral cortex of the newborn’s brain, resulting in cerebral palsy.
4. Some evidence exists that oxygen deprivation during labor and delivery, whether the result of neucal cord, protracted labor, etc. can cause damage to the fetal/newborn’s cerebral cortex, resulting in cerebral palsy.
5. Infectious exposures such as rubella or German measles can be prevented if moms are vaccinated against these diseases before becoming pregnant. Regular pre-natal care and good nutrition, although not directly related to the eliminating of cerebral palsy, are always suggested.
6. It is known that cigarette smoking may lead to small babies and premature deliveries and alcohol/drug consumption can lead to Fetal Alcohol Syndrome and other types of brain damage. Accordingly, physicians should advise their patients to avoid these behaviors during pregnancy.
7. The role of environmental exposures is controversial. Because such exposures tend to be multiple and not single, providing causation is very problematic.
If you, a relative or friend have a family member suffering from Cerebral Palsy and have any questions, please call or visit:
In a great majority of the cases (over 50%) no specific cause for cerebral palsy can be found. It is known that the greatest predictor of cerebral palsy is prematurity (pre-term labor is defined as the appearance of contractions and dilatation before 37 weeks gestation). Maternal trauma during pregnancy as well as bacterial/viral exposures to the fetus inutero are suspected of being significant contributors to cerebral palsy. Great controversy surrounds the percentage of cerebral palsy caused by physician or nurse errors during labor and delivery. Some authors have suggested that there is no proof that oxygen deprivation during labor and delivery can cause cerebral palsy. The great weight of the evidence on this question, however, suggests that up to 5% of cerebral palsy (250 cases a year in the United States) are the result of physician or nurse errors during labor and delivery.
Because some of the mechanisms capable of causing cerebral palsy are known, certain causes of cerebral palsy may be preventable, avoidable or treatable. These include:
1. Jaundice in newborn infants can be treated with photo therapy. Jaundiced infants are exposed to blue lights that break down bio pigments, thus preventing them from building up and threatening disruption of brain chemistry. In rare cases where this treatment is not enough, physicians can correct the condition with a special type of blood transfusion.
2. Rh (blood factors) incompatibility can be identified by a simple blood test routinely performed during early pregnancy on mothers, and if indicated by history, expectant fathers. Blood typing compatibility does not usually cause problems during a woman’s first pregnancy, as the mother’s body does not produce the unwanted antibodies until after the first delivery. There are exceptions to this.
3. Severe trauma during delivery (e.g. high/mid-forceps, vacuum extraction, aggressive manual rotation, excessive fundal pressure, etc.) can cause skull fractures and/or intra ventricular hemorrages in the fetal/newborn brain. These traumas and/or hemorrhages can cause oxygen deprivation or damage to the cerebral cortex of the newborn’s brain, resulting in cerebral palsy.
4. Some evidence exists that oxygen deprivation during labor and delivery, whether the result of neucal cord, protracted labor, etc. can cause damage to the fetal/newborn’s cerebral cortex, resulting in cerebral palsy.
5. Infectious exposures such as rubella or German measles can be prevented if moms are vaccinated against these diseases before becoming pregnant. Regular pre-natal care and good nutrition, although not directly related to the eliminating of cerebral palsy, are always suggested.
6. It is known that cigarette smoking may lead to small babies and premature deliveries and alcohol/drug consumption can lead to Fetal Alcohol Syndrome and other types of brain damage. Accordingly, physicians should advise their patients to avoid these behaviors during pregnancy.
7. The role of environmental exposures is controversial. Because such exposures tend to be multiple and not single, providing causation is very problematic.
If you, a relative or friend have a family member suffering from Cerebral Palsy and have any questions, please call or visit:
CHARFOOS & CHRISTENSEN, P.C.
5510 Woodward Avenue
Detroit, Michigan 48202
Phone: (313) 875-8080 or (800) 247-5974
Fax: (313) 875-8522
Website: www.c2law.com
E-Mail: lawyers1@c2law.com
What is Cerebral Palsy?
Cerebral palsy is defined as damage to the motor areas of the brain, usually occurring before, during or shortly after birth. It is an umbrella-like phrase used to describe a group of chronic disorders impairing control of movement that appears in the first years of life and which generally does not worsen over time.
The term cerebral refers to the brain's two halves or hemispheres and palsy describes any disorder that impairs or limits control of body movement. For this reason, these disorders are not caused by problems in the muscles or nerves. Instead, they result from damage to the motor areas in the brain which disrupt the brain's ability to adequately control movement and posture.
If you, a relative or friend have a family member suffering from Cerebral Palsy and have any questions, please call or visit:
The term cerebral refers to the brain's two halves or hemispheres and palsy describes any disorder that impairs or limits control of body movement. For this reason, these disorders are not caused by problems in the muscles or nerves. Instead, they result from damage to the motor areas in the brain which disrupt the brain's ability to adequately control movement and posture.
If you, a relative or friend have a family member suffering from Cerebral Palsy and have any questions, please call or visit:
CHARFOOS & CHRISTENSEN, P.C.
5510 Woodward Avenue
Detroit, Michigan 48202
Phone: (313) 875-8080 or (800) 247-5974
Fax: (313) 875-8522
Website: www.c2law.com
E-Mail: lawyers1@c2law.com
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