28 August

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Delayed Cesarean Section Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Improper fetal heart rate. Umbilical cord prolapse. Uterine rupture. These are only a few of the reasons an emergency Cesarean section might be performed to save the life of an infant or mother, or the lives of both. And while Cesarean sections themselves come with risks, other risks can occur when Cesarean sections are delayed — potentially resulting in birth injury medical malpractice negligence. This is well documented in the number of legal cases settled nationally involving delayed Cesarean section birth injuries. Among the types of delayed Cesarean section birth injuries are those that are asphyxia related, in which a lack...

22 August

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Pelvic Floor Birth Injury Medical Malpractice

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Pelvic floor birth injuries after vaginal births affect more than 300,000 women each year — about one tenth of such births — resulting in the need for surgery.1 Victims may experience any number of vaginal, anal, or urogenital problems that result in lifelong physical and emotional problems. The joys of motherhood can be seriously impacted. In the severest of cases, multiple surgeries may be required, the potential for future pregnancies may be affected, or both. Pelvic floor birth injuries may be due to OB-GYN, midwife, or specialist error in the form of medical malpractice negligence. Failure to properly monitor birthing...

10 August

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10 Potential Causes of Fetal Distress Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

When noted Miami Attorney Richard “Bo” Sharp, Esq. secured a $12,000,000 birth injury settlement in 2022 — one of the top personal injury settlements in the U.S. that year — it reiterated the dire importance of both focus and attention to detail with regard to fetal distress during pregnancy, labor, and delivery. It was also a haunting reminder for victims of fetal distress birth injuries and their families. The case was based on acts of medical negligence committed by a certified nurse midwife who failed to properly monitor a baby’s fetal heart rate and alert the attending OBGYN that a Category III...

31 July

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5 Facts About Brachial Plexus Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Learning that one’s baby has been the victim of a Brachial Plexus birth injury is emotionally devastating, not to mention the profound effect it has on families physically and financially. Learning why the birth injury occurred, who is liable for the injury, and what can be done to most effectively help the child going forward are generally among the priorities parents and families focus on. Seeking experienced legal help is also often a priority in provable cases of Brachial Plexus palsy birth injuries. Here are five facts about Brachial Plexus birth injuries: 1. There are different types of Brachial Plexus birth...

23 July

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5 Facts About Birth Injury Lawsuit Evidence

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death

Having a newborn with a birth injury due to medical malpractice negligence is utterly devastating. So is being a mother who is the victim of birth injury medical malpractice negligence. When these heartbreaking scenarios occur, seeking legal help is often a priority for individuals and families. And evidence is the engine that drives the train to justice and fair financial compensation. Here are five facts about birth injury lawsuit evidence: 1. A case must be provable. In order for any legal case to be successfully settled, harm caused by a breach of duty of care must be proven via hard evidence. Hearsay...

30 June

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Liability Involving Hospital-Affiliated Physicians

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death

When patients are injured or die due to medical malpractice negligence in a hospital, physicians are often involved. And while many individuals do not realize it, the physicians who treat them during an emergency room visit or hospital stay may not, in fact, be hospital employees. This creates varied legal scenarios when things go wrong. In reality, liability involving hospital-affiliated physicians has some gray areas and requires experienced attorneys to navigate efficiently and effectively for the benefit of those who have been harmed. Hospital Employee or Independent Contractor? To begin with, there are general differences in the liability associated with hospital employees...

17 June

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Is A Health Insurance Company Liable In A Medical Malpractice Lawsuit?

Posted by mslaw

in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence

It is a relatively common scenario: An individual’s health insurance company has changed, whether by personal choice, due to an employer making changes, as a result of job loss, or even due to an insurance company buyout or bankruptcy. The person is given — or chooses — a new insurance company, which in turn chooses a new primary doctor for the individual if he or she does not choose one. But what happens in the event a new primary doctor chosen by an insurance company misdiagnoses or improperly treats an individual, resulting in serious injury or death to that individual? Is...

24 April

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Rh Negative Blood Birth Injury

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Blood types matter, particularly during pregnancy and childbirth. The Rh factor — a protein attached to red blood cells genetically — may or may not be present in a mother’s (or surrogate’s) blood. When the Rh factor is present, blood is referred to as Rh positive; when it is not, blood is referred to as Rh negative. Special considerations are needed in the case of Rh negative mothers or surrogates in order to avoid Rh negative blood birth injuries in infants as well as mothers and surrogates. Knowing a mother’s or surrogate’s blood type is the first step. If a mother...

10 April

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10 Arenas For Potential Medical Malpractice Negligence

Posted by mslaw

in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence, Wrongful Death

Medical malpractice negligence can occur anywhere from the starting point of professional medical assessment to the point of cure, improvement, or repair in situations involving illness, injury, or births. Individuals and entities alike may be involved in such occurrences. There are many potential scenarios in which malpractice or negligence can arise, the majority of which involve one or more of the ten listed below. In Florida, the law defines medical malpractice negligence specifically with relation to a breach of the prevailing medical standard of care.1 Breaches can occur in multiples and involve several parties at once. Here are 10 case arenas that have...

04 April

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Preeclampsia Medical Malpractice Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Preeclampsia Medical Malpractice Birth Injuries

High blood pressure (called hypertension) is always a serious medical concern—particularly during pregnancy. It can lead to preeclampsia, a maternal condition that can affect nearly every organ in the body and even potentially lead to preterm birth.1,2 In severe cases it can also result in the death of the mother, baby, or both. In some instances injury or death in such cases may be due to preeclampsia medical malpractice birth injuries. According to the American College of Obstetricians and Gynecologists, preeclampsia occurs in approximately 1 in every 25 pregnancies in the nation.1 Hypertension that occurs after 20 weeks of pregnancy or...

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