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Birth Injury

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

Health Insurance Company

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...

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Rh Negative Blood Birth Injury

Rh Negative RH Factor

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...

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10 Arenas For Potential Medical Malpractice Negligence

Medical Malpractice Negligence

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...

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Preeclampsia Medical Malpractice Birth Injuries

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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Cord Discord: Umbilical Cord Medical Malpractice Birth Injury

umbilical cord

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,...

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5 Common Questions About Cephalohematoma Birth Injuries


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...

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Four Types of Perineal Tear Birth Injuries

Perineal Tear

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...

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Congenital Herpes Birth Injury

congenital herpes

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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Forceps: Friend or Foe?


The use of forceps during birth is a common practice among difficult deliveries. Unfortunately, it can often result in injury to an infant, mother, or both. Injuries to an infant can include brain damage, nerve injuries, fractures, and eye injuries, while maternal injuries can include pelvic damage and severe lacerations.1,2,3 In many instances such injuries are due to medical malpractice negligence. In some cases, a medical malpractice negligence birth injury due to improper forceps use may improve or resolve over time with appropriate care. In other cases, such medical malpractice negligence birth injuries may be long-term or permanent and cause substantial...

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Distracted Doctors: An Unacceptable Cause Of Birth Injuries

Distracted Doctors

“Where’s the doctor? We have an emergency.” Those are words no one wants to hear in any medical situation, including during labor and delivery. Distracted doctors can cause a lack of prompt attention and proper care can lead to lifelong devastating consequences or death. Seconds count. And while there may be a valid reason in some instances in which a doctor is not in attendance when he or she should be, being preoccupied with one’s own personal activities for self-benefit is not one of them. In 2017, noted Miami attorney Richard “Bo” Sharp served as lead counsel in the $33.8 million Federal...

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