17 August

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Twins And Birth Injuries: Is It Medical Malpractice Or Negligence?

Posted by mslaw

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

By their general nature, births involving twins or other multiples in pregnancy run a higher risk of experiencing birth defects, with one twin often more affected than the other.1 In addition, certain conditions, such as hypoxic-ischemic encephalopathy (HIE), a serious, life-threatening form of brain damage that can occur during childbirth, have the potential to be more common among twin births. Further, a rare condition in which twins share the placenta and one twin receives more blood flow than the other, known as twin-to-twin transfusion syndrome (TTTS), can occur, and often presents with devastating consequences.2 But what about when such risk is compounded...

03 August

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Florida Medical Malpractice Negligence Law Update

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Earlier this year, the Florida House of Representatives passed HB 651 (Recovery of Damages in Claims for Medical Malpractice Negligence) in a 99-16 vote.1 The bill, which was introduced in an effort to allow parents of deceased adult children who had no children of their own to recover damages for mental pain and suffering in medical negligence lawsuits, affects Florida statutes 768.21(8). Florida statutes 768.21(8) currently disallows recovery of such damages. No other state in the nation does the same. One viewpoint on the matter reflects that blocking the public's ability to sue for damages for mental pain and suffering in...

27 July

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Hypoxic Ischemic Encephalopathy Brain Injury During Birth: Proving Medical Malpractice & Negligence

Posted by mslaw

in Birth Injury, Current Investigations, Medical Malpractice, Medical Negligence, Negligence

Traumatic Brain Injury During Birth in infants is a heartbreaking and all-too-common experience for many new parents. There are an array of causes, including Cerebral Palsy, hypoxic ischemic encephalopathy, brachial plexus palsy (Erb’s palsy), and others, which can be the result of breech-birth complications, C-section injuries, or medical malpractice negligence—or a combination of these and other factors. Traumatic brain injuries (TBIs) in particular have been reported as the leading cause of death and disability in children, with instrumental delivery being noted as a major cause.1 Hypoxic ischemic encephalopathy (HIE) is a type of brain damage caused by oxygen deprivation and limited...

01 July

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Ten Causes of Anesthesia Errors Medical Malpractice Negligence

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Among the various types of medication errors in medical malpractice negligence cases are those involving anesthesia errors. Unfortunately, while such errors are not common, they still occur. And the effects can be devastating, resulting in serious permanent injury or even death. According to a study published in the Southern Medical Journal, between 2007 and 2014 a total of 17,116 anesthetic errors and 131 associated deaths were reported in the United States alone.1 The physical, mental, emotional, and financial hardships created for patients and their loved ones due to anesthesia-related medical malpractice negligence can be substantial. They can create the need for...

22 June

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10 Types of Medication Errors: Is it Medical Malpractice Negligence?

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Medication Errors resulting in physical, mental, and/or emotional harm or death are far too common. In fact, over 100,000 reports are made to the U.S. Food and Drug Administration (FDA) each year associated with a suspected medication error.1 Such errors can create not only physical and mental devastation, but also substantial situational and financial hardships for patients and loved ones. The National Coordinating Council for Medication Error Reporting and Prevention defines a medication error as "any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care...

10 June

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Epidural Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

There are many stages during pregnancy and childbirth during which birth injuries can occur, including Epidural Birth Injuries. Among them are those associated with pain relief during labor and delivery, including the administration of an epidural. An intricate process requiring the skills of an experienced licensed anesthesiologist or other licensed and approved specialist, the placement of an epidural involves administering an anesthetic in the small epidural space within the spine. An error in the placement of an epidural needle or a mistake by a student intern during the process, for example, may lead to permanent epidural birth injuries for the...

21 May

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COVID-19 And Birth Injuries Including Medical Malpractice Negligence

Posted by mslaw

in Birth Injury, Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Both COVID-19 and birth injuries create difficult and even devastating situations that can wreak havoc on the lives of individuals and families. But when COVID-19 is the cause of birth injuries — including deaths — due to medical malpractice negligence, new circumstances emerge and different legal strategies are required to ensure justice and secure financial resources for medical needs. According to the CDC, those who are pregnant or were recently pregnant carry an increased risk of becoming severely ill or dying from COVID-19 compared with those who are not pregnant. 1 This includes illness that requires pregnant individuals to be hospitalized,...

01 May

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Common Birth Injuries: Newborn Clavicle Fracture Birth Injury

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

Among the many types of birth injuries are those involving fractures. And among fracture-related birth injuries, clavicle fractures are the most common.1 While many heal without incident, 2 in certain instances their occurrence in the first place may be due to medical malpractice negligence, and permanent injury may result. In addition, surgical repair or other intervention may be necessary. In cases of permanent birth injury, costs and related considerations that involve not only current care, but also future care, are of concern. In serious clavicle fracture birth injury cases, legal assistance is often sought, with a main goal of securing fair...

28 April

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Cerebral Palsy: Common Birth Injuries With Multiple Causes.

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Learning that your newborn baby has a birth injury is devastating in itself. But what if you’re faced with a diagnosis from a multi-faceted group of birth injuries compounded by a maze of possible causes? Such is the case with Cerebral Palsy, which is often mistaken for one type of palsy induced by brain damage. Cerebral Palsy is, in fact, a group of disorders that may be caused by either a brain injury or abnormal brain development. And while abnormal brain development may occur before or after delivery, brain injuries can occur before, during, or after delivery. Further complicating cases involving Cerebral...

22 April

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Nursing Home Covid-19 Medical Malpractice Liability

Posted by mslaw

in Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Nursing Home Abuse, Wrongful Death

Establishing Liability In Nursing Home COVID-19 Cases: The Changing Landscape Numerous nursing home COVID-19 related lawsuits have been brought as a result of injuries and deaths in nursing homes both in Florida and throughout the country. Failure to wear protective gear, a lack of testing, insufficient numbers of staff, and errors by untrained or partially trained staff are among the issues resulting in such litigation. And while establishing responsibility and securing accountability in each case is difficult, the level of difficulty will likely increase due to Senate Bill 72, which passed in the Florida House of Representatives on March 29, 20211. ...

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