25 March

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Are We Too Late To File A Birth Injury Lawsuit?

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Time is of the essence in medical malpractice negligence birth injury lawsuit cases, partly due to how Florida law is structured. The Florida Statute of Limitations (Chapter 95, Florida Statutes), allows only two years from the date medical malpractice negligence (including malpractice involving birth injuries) is discovered, or should have been discovered with the exercise of due diligence.1 The statute also notes in detail that in no event can a legal action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, with the exception that the 4-year...

14 March

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Three Causes of Hypoxic-Ischemic Encephalopathy HIE Birth Injury

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

A decrease or lack of oxygen or blood flow to an infant’s brain, known as birth asphyxia, can lead to hypoxic-ischemic encephalopathy HIE birth injury, a form of brain dysfunction.1,2 HIE may be recognized by a number of symptoms, including breathing problems, unusual muscle tone, a lack of common reflexes, and seizures, among other things.1 It can occur at any point before birth, after birth, or during labor and delivery. In some cases, it is due to medical malpractice negligence in the form of an HIE birth injury. Three causes of HIE are: 1) umbilical cord compression or prolapse, 2)...

06 March

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Brachial Plexus Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Brachial plexus birth injuries are those involving a network of nerves that can affect an infant’s shoulders, arms, or hands, or any combination thereof, and may even affect an infant’s eyes.1 Unfortunately, despite the many advances and improvements in childbirth-related healthcare over the past several decades, the number of brachial plexus birth injuries has continued to rise.2 In some cases, such injuries are due to medical malpractice negligence. They may result in short-term or long-term physical problems, depending on a number of factors. Brachial plexus birth injuries — particularly those that persist long term — can be caused by maternal health...

28 February

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Episiotomy Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Among the numerous types of potential medical malpractice negligence birth injuries are those involving episiotomies. An episiotomy is a common procedure in which an incision is made through a mother’s or surrogate’s perineum during childbirth.1 In some cases, episiotomies result in episiotomy birth injuries that affect a mother (or surrogate), a baby, or both. For example, according to doctors Wise and Kodner in an article in Clinical Gynecology, the rate of a mother experiencing a sphincter injury due to a midline episiotomy during vaginal delivery is up to nine-fold that of a mother who does not have an episiotomy.2 Potential episiotomy...

17 February

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Birth Injury Depression

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Whether it is referred to as emotionally related childbirth trauma, psychological birth trauma, postpartum depression, or PTSD, the stress, strain, and exhaustion that can result from birth injuries all fall into one basket: mental health. The debilitating effects can include sleeplessness, loss of appetite, and high anxiety, to name a few. They often affect relationships and lead to problems at work for both mothers and fathers, including job loss in some cases. The resulting emotional and financial impacts can cause additional mental stress, adding to the vicious cycle of birth injury depression. When birth injury depression is a likely result of...

10 February

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Premature Birth Infant Birth Injury: Lungs

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Premature birth (also referred to as preterm birth) can wreak havoc on the health of both mothers and babies. In fact, a time frame of infant delivery even one week early has the potential to create serious complications for both the mother and baby.1,2 This includes incomplete development of an infant’s lungs, or lung damage. While numerous vital organs, including a baby’s brain, have the potential to be damaged or not fully develop when a premature birth occurs, the lungs may develop what is known as bronchopulmonary dysplasia, or BPD, a chronic lung disease in which the air sacs (called alveoli)...

31 January

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Uninsured Doctor Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

“Can we file a birth injury lawsuit against a doctor who has no medical liability insurance?” In short, the answer is yes. Cases involving uninsured doctor birth injuries in which provable medical malpractice negligence has occurred can generally be developed into lawsuits. Florida state law does not require that a licensed physician carry medical liability insurance if that physician meets specific requirements set forth in the law.1 The law does, however, require that a statement be prominently posted stating the following: “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for...

26 January

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Future Risks of Heart-Related Maternal Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Elective inductions. Scheduled Cesareans. Unknowing mothers. Preterm birth, also referred to as premature birth, is live birth before 37 completed weeks of gestation, as defined by the World Health Organization and other noted authorities.1,2 Birth that occurs even one week earlier can create serious potential complications for both mother and baby.3,4 Yet over 90% of women are unaware of this fact.4 And the numbers are staggering: up to 18% of births globally are preterm.5 When premature birth occurs, a baby’s brain, lungs, and other vital organs are not fully developed. Future risks of cardiovascular-related and brain-related infant birth injuries due to premature...

15 January

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Future Heart Risks Due To Asphyxia Related Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Asphyxia related birth injuries are those that occur due to a lack of oxygen and blood flow to a baby’s brain before or during childbirth.1 Asphyxia can lead to seizures, which in turn have been shown to be linked to increased risks of cardiovascular disease (CVD) during childhood and early adulthood according to a journal article in the Lancet this month.2 The research noted a five-fold risk increase of stroke and heart failure due to such seizures that resulted from asphyxia-related birth injuries. In addition to the obvious physical and emotional detriments this research brings to light are compensation issues. When...

06 January

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A Mother and Child De-Union: Birth Injury Separation Compensation

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

When people think about neonatal birth injuries, a host of things generally comes to mind, including brachial plexus injuries, fractures, nerve damage, hypoxic ischemic encephalopathy (HIE), brain damage, umbilical cord injuries, and even, tragically, death. Then there are maternal birth injuries, including skin tears, hemorrhoids, and urinary tract and pelvic floor damage. But there’s another serious birth injury with lasting effects that affects both mother and child (and family members) in cases in which a mother and child are separated due to birth injury medical malpractice negligence: mental trauma. The emotional aspects of mother/child attachment begin before birth.1 Separation of a mother...

Personal Injury Blog

Are We Too Late To File A Birth Injury Lawsuit?

Three Causes of Hypoxic-Ischemic Encephalopathy HIE Birth Injury

Brachial Plexus Birth Injuries

Episiotomy Birth Injuries

Birth Injury Depression

Premature Birth Infant Birth Injury: Lungs

Uninsured Doctor Birth Injuries

Future Risks of Heart-Related Maternal Birth Injuries

Future Heart Risks Due To Asphyxia Related Birth Injuries

A Mother and Child De-Union: Birth Injury Separation Compensation

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