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...

31 March

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Cord Discord: Umbilical Cord Medical Malpractice Birth Injury

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Umbilical cord issues during pregnancy and delivery are not uncommon. In fact, it is estimated that between 20 to 30 percent of all babies have one or more “loops” of umbilical cord wrapped around their necks or another body part in utero or at birth (called a nuchal cord).1 While the thought of it may be unnerving, an article in the American Journal of Obstetrics & Gynecology reports that a majority of the time nuchal cords don’t cause serious complications.2 However, in some cases umbilical cord problems are the result of medical malpractice negligence resulting in serious injury to an infant,...

05 March

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5 Common Questions About Cephalohematoma Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Birth injuries involving a baby’s head can be particularly concerning and stress inducing. Among them are those involving cephalohematomas. The following are five commonly asked questions about cephalohematoma birth injuries: 1. What Is A Cephalohematoma? A cephalohematoma occurs when blood collects between a newborn baby’s scalp and skull due to broken blood vessels in the scalp. It sometimes coincides with a linear skull fracture. 2. What Causes A Cephalohematoma? Pressure on a baby’s head. This can be due to a number of situations, including vacuum delivery, forceps use, a high birth weight baby, multiple number of babies (twins, triplets, or more), epidural use, a...

22 February

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Four Types of Perineal Tear Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Perineal tears are a relatively common occurrence during childbirth. In fact, Cleveland Clinic reports that up to 90% of vaginal births result in perineal tears.1 While in many cases such tears require only minor suturing — or none at all — and do not result in long-term trauma, in others they cause severe damage. The latter are sometimes due to doctor or midwife error in the form of medical malpractice negligence. Failure to properly monitor birthing stages, for example, may result in a perineal tear birth injury. In such a case, a doctor or midwife may be liable for medical...

15 February

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Congenital Herpes Birth Injury

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Herpes simplex virus (HSV) is a common viral infection that is the cause of cold sores and sexually transmitted herpes outbreaks. Known as congenital herpes simplex when it is transmitted to an infant during pregnancy or birth, it can affect the infant’s brain, causing encephalitis that results in seizures.1 In the most severe of cases, it can also affect an infant’s lungs, liver, and kidneys, and may lead to death.2 Failure of an OB-GYN, midwife, or other medical professional to confirm the existence of HSV in a patient (and also a patient’s partner or spouse) who knowingly has the virus can...

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