26 July

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Long-Term Brachial Plexus Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Despite advances and improvements in childbirth-related healthcare, instances of brachial plexus birth injuries have continued to rise over the decades.1 Such injuries may be short term or long term, depending on a number of physical and medical factors. Long-term brachial plexus birth injuries may be the result of more than one consideration, including maternal health problems, prolonged labor, breech delivery, or instrument-assisted delivery, or any combination of these, though researchers are still working to identify additional risk factors.2,3,4 Overall, the number of infants who sustain permanent damage in the form of neurological deficits or impairments has been calculated at about thirty...

18 July

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Birth Injury Malpractice Neonatal Seizures

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Birth Injury Malpractice Neonatal Seizures

The neonatal period, which is generally defined as the time from just after the birth of a newborn (also called a neonate) to the first month of life, should be a happy and exciting time for parents and families. Unfortunately, it is also a time period in which birth injury malpractice neonatal seizures can occur.1 While neonatal seizures within themselves are not a birth injury, birth injury malpractice related neonatal seizures can be the result of medical negligence, including that causing infections, blood clots, or a lack of oxygen for a newborn before or during birth as a result of...

09 July

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Florida Midwifery Legal Changes & Midwife Medical Malpractice Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Effective July 1, 2022, Senate Bill 768 (Sections 12-16) contains clarifications, refinements, and changes to Midwifery requirements in the state of Florida as reported by the Florida Department of Health (DOH).1,2 According to the DOH, the bill provides clarification of midwifery definitions as well as of midwifery program education standards and clinical training requirements; aligns program approval standards with accreditation and licensing standards for specific midwifery programs; and adds refinements to requirements for licensing. Additionally, it provides clarification regarding requirements for temporary certification of midwives in areas of critical need and greater access to midwifery care in such areas via...

22 June

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Maternal Sepsis Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Maternal birth injuries as a whole encompass a variety of traumas, often leaving mothers or surrogates with both physical and psychological negative effects. Among the more dangerous of these is maternal sepsis, a potentially fatal blood infection. Unfortunately, it is among the most common birth-involved deaths affecting mothers and surrogates. In fact, sepsis was the second leading cause of pregnancy-related death in the U.S. between 2014 and 2017 according to the CDC.1 Severe sepsis and septic shock are two complications that can occur, increasing the level of infection severity and the potential for death.2 The following are common questions regarding maternal sepsis: What...

15 June

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Infant Sepsis Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

From wombs to warmers, infants are susceptible to sepsis, a potentially fatal blood infection that requires urgent, case-specific treatment. According to Cleveland Clinic, neonatal sepsis can result in whole-body swelling that can affect an infant’s organs and even lead to organ failure.1 In addition to organ dysfunction, septic shock can occur, increasing the level of infection severity and the potential for death.2 When medical malpractice negligence is part of the equation, parents of infants who have sustained sepsis birth injuries generally seek direction, answers, and justice. What causes sepsis in newborns? While bacterial infections are the most common cause of sepsis, viruses,...

07 June

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Birth Injury Liability & Lawsuits: Q&A

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

In cases in which legal action will be taken in provable birth injury lawsuit cases, establishing liability must be done with precision. Expert lawyers and legal teams who specialize in identifying birth injury liability lawsuit cases gather information critical to effectively develop a birth injury lawsuit case that is comprehensive and accurate. The following are additional questions related to birth injury liability involving infants, mothers, and/or surrogates. Who Is Liable For My Baby’s Birth Injury? Liability is assessed by confirming the medical event or events, or lack thereof, that actually caused your baby’s birth injury and who was provably involved. Could More Than...

31 May

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Birth Injury Lawsuits: First Steps Q&A

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Birth Injury Lawsuits: Q&A Part 1 The devastation that results from learning that a baby has a birth injury is usually accompanied by a wide variety of questions regarding the cause, future care, and costs -- not to mention liability and justice. Effective support, direction, and assistance are critically needed. The following are several common questions parents have regarding birth injury liability, lawsuits and claims: My Child Has A Birth Injury. What Should I Prioritize? Practicing self care by eating nutritious meals, staying hydrated, and getting enough sleep is essential. Confirming the type of birth injury your child has sustained, gathering resources, and...

23 May

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Midwife Medical Malpractice Negligence Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Midwives, certified midwives (CMs), certified professional midwives (CPMs), and certified nurse midwives (CNMs) all provide services related to reproductive health, with the latter being the most common type of midwife in the nation according to the American Midwifery Certification Board.1 Each state has laws and rules governing midwifery licensing and practices. Florida law, for example, requires midwives to be 21 years of age, licensed, and trained, including having hands-on training involving actual patients, among other things.2 One important responsibility included in Florida's laws is the requirement for midwives to carry malpractice insurance. Whether at home, in a hospital, or at a...

13 May

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OB-GYN Negligence and The Critical Nature of Birth Injury Compensation

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Second only to securing the best of medical care for infants sustaining birth injuries due to OB-GYN negligence is obtaining a combination of justice and fair compensation. And while each of these is significantly important, fair compensation is critical to ensuring continued care both short term and long term. It's the basis for all things essential and helpful when growing up disabled and living with disabilities. Parents may believe that directly contacting an OB-GYN whose negligence caused their infant's birth injury or injuries is the best step when seeking justice and compensation. In fact, it is unlikely to help in either...

06 May

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Breaking the Silence — And Records — On Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Devastation, disbelief, and apprehension are only a few of the hallmarks of birth injuries. Parents and families of birth-injured infants endure a wide spectrum of unforeseen difficulties and challenging situations, to say the least. Caring for an infant with birth injuries can not only be overwhelming and exhausting, but also highly emotional. Having a variety of support avenues -- including a solid legal one -- is essential. When a doctor, other medical professional, hospital, or birthing facility (or any combination of these) is at fault for a baby's birth injury or injuries, parents may be unsure how to effectively proceed in...

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