January 18, 2013

Jury Finds for Defendant-Hospital in Birth Injury Case

Some legal researchers have identified that misconceptions about injury cases--including Illinois medical malpractice lawsuits--are often rooted in the way that the suits are covered by the media. In particular, the only time that a lawsuit reaches a mass audience is when the plaintiff wins the case, usually for a large amount. Other than that, most community members who do not file a suit themselves have little understanding of the overall dynamics of the legal system or the usual outcomes.

All of this leads to skewed public perceptions, with many thinking that most cases end with plaintiff’s winning millions of dollars after jury verdicts at trial. That is not at all the case. Instead, defendants are just as likely to win in these matter when brought to trial (the burden of proof is in their favor). And even when plaintiffs do win, the judgements are often nowhere near as large as those that make headlines.

Each Chicago medical malpractice lawyer at our firm understands the need to break those stereotypes. After all, false assumptions about the civil justice system has led many community members to mistakenly support legislative changes which take away rights of injury victims. The first step in reversing those misguided actions is presenting an honest picture of the civil justice system and its operation.

Defendant Wins at Trial
For one thing, when a case goes to trial--which does not happen all that often--the defendant is often in a better position than the plaintiff. That is not necessarily because the defendants are blameless. Instead it is because the burden of proof is on the plaintiff to explicitly show that misconduct occurred. That is often hard to do. In close calls, where a juror is split 50-50, then the defendant wins the case, because a “tie” goes to the defendant.

For example, the Dodge Globe recently broke the trend and reported on an actual defense victory in a birth injury cases where medical malpractice was alleged.

The issue in the case was whether a nurse breached a standard of care in delivering a child, which led to the child developing serious complications, including cerebral palsy. According to the story, the family went into the medical clinic in the small town when she was only 34 weeks pregnant. After about an hour, it became clear that the baby was in trouble, with heart rate problems which led to oxygen deprivation in the child’s brain.

As the complications mounted, the nurse called a doctor and asked the doctor to come to the hospital. However, the doctor did not come promptly. It was more than half an hour before he arrived. By that point, the serious problems had worsened. The doctor ordered an immediate C-section. It was lucky that the baby survived, as she did not breathe at all the first five minutes following her birth. She needed more than a month in the neonatal intensive care unit.

In a subsequent lawsuit the plaintiff alleged--along with an expert medical witness--that the standard of care was breached because the nurse did not notify another physician when the first did not arrive promptly. The medical chain of command should have been followed, which would have involved far quicker action and prevented the child’s serious, life-long injury.

However, the jury disagreed and returned a verdict in favor of the plaintiff. There were questions about whether the fact that the clinic was in a small town affected the jury’s determination of the appropriate standard of care. The jury verdict was appealed to the Court of Appeals as well as the state Supreme Court. However, at both levels the court affirmed the trial court’s decision.

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December 14, 2012

More Attention Needed on Maternal Complications During Childbirth

When problems develop during childbirth most assume the same thing: I hope the child is OK. However, a new report from the Center for Disease Control and Prevention (CDC) suggests that we also need renewed focus on possible harm facing mothers during a birth.

Of course, in the past, childbirth has always been an incredibly dangerous time for mothers. In less developed parts of the world the material death rate remains shockingly high. While we recognize the risk elsewhere, in the United States there is a somewhat unacknowledged assumption that mothers will be fine during a delivery. The high risk of death during childbirth is a thing of the past--now the risk is very small.

Obviously vast improvements have been made over the decades on this front, but the problem has not gone away entirely. In fact, in some ways the risk of harm to the mother during childbirth has increased in recent years. It is vitally important that all of us understand this risk and that medical professionals act reasonable at all times to ensure mothers are not hurt in preventable ways as a result of inadequate response to maternal health complications during a birth.

As discussed in a recent story, the CDC report suggests that various maternal complications have rocked up by 75% in the decade ending in 2009, as compared to the rates from the 1990s. Those increases come in the form of more instances of cardiac arrest, kidney failure, respiratory problems, and severe bleeding. Each of these problems are incredibly serious and threaten the life of the mother.

The story explains that there are about 4 million births in the U.S. each year. Most of those occur without problems. When problems do develop, they are generally moderate. But in about 52,000 cases a year, severe complications arise for the mother. It it that total that has been rising in recent years. The reason, say those most familiar with the situation, is an increase in “high-risk” pregnancies. Now more than ever mothers who are older, are obese, and have chronic health conditions are giving birth.

The somewhat startling study is a reminder that medical professionals must act quickly and appropriately at all times to prevent harm to mothers during birth. While much focus has been placed on helping infants survive following complications, far fewer advances have been made on maternal health.

This needs to be corrected. Hopefully, changes are slowly rolled out at institutions across the country so that the medical response to these issues is quicker. One basic way to tackle the issue is increased preparation. Timing is of the utmost importance at these times, because if medical teams delay in even the slightest way after signs of problems, the delay can prove fatal. However, if medical teams are drilled in the possible problems and the correct responses, then their reaction time can be increased--perhaps saving lives. Toward that end the CDC is actually funding programs to help improve routines and protocols as hospitals to determine the response methods that are most successful.

While signs suggest things are moving in the right direct, there is a still a long way to go before all mothers receive reasonable care free of complications. If you or someone you knows is ever hurt in this way, please contact the medical malpractice lawyers at our firm to see how we can help.

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December 5, 2012

Technology & Increased Medical Costs

While the country's economy has been on the way up for the past few years. But the great recession of 2008 and 2009 threw many families into financial spirals, and many of them have yet to turn things around. Research into bankruptcies have found that sudden medical emergencies (and the accompanying bills) are one of the key reasons why many families face debt that they cannot pay back. Anyone who has dealt with a medical emergency or knows a loved one who has, likely understands this reality. Medical costs are staggering. Even with insurance, the bills often mount quickly. It is not uncommon for middle-class families to be unable to pay those costs.

It wasn't always this way. Medical bills in the past, while often a stress on families, were nowhere near as staggering as they are today.

What changed over the years? If you believe political talk of certain big interests, you might believe that medical malpractice lawsuits are to blame. However, virtually every credible source on the issue acknowledges that this is nothing but a red herring. It is incredibly harmful and inappropriate to blame injured medical patients for rising healthcare costs.

Instead we need honest evaluations of the situation to figure out how things got where they are today. A recent CNN story on the cost of childbirth provides one unique glimpse into the issue. The story explains how one man was shocked to find the hospital bill for his own birth in 1947. Even after a six-day hospital stay, use of the operating room, nursing services, medications, and more the total bill was only $70. That figure is eye-popping to those of us today who are used to spending significantly more for all medical services.

More Than Inflation
Is inflation to blame for the rising costs. Not really. $70 in 1947 is the same as about $726 in 2012 dollars. But according to a recent report fromt the American Congress of Gynecologists and Obstetricians, an uncomplicated childbirth today costs about $11,000. If the delivery occurs via C-section, then the bill is $19,000. And this refers to a mother staying only a day or two after the birth--not five or six like in 1947. In other words, inflation accounts for only a fraction of the increase over the years. Something else is at play.

Technological developments are likely a significant cause of that increase. Medical advances over the years have worked wonders to help save lives. For example, in 1950 around 3 in every 100 children died shortly after their birth. Today that number is only .64 of every 100. In other words, medical care during childbirth is far better than in the past. The improved care, however, comes at a cost. The creation and use of the equipment and skills is expensive. That expense undoubtedly plays a role in steady rise of costs.

Of course, it is far too simplistic to suggest that technology alone is the cause of the rising healthcare costs. Insurance practices, complex/hidden billing arrangements, failure to receive preventative care, and other issues are undoubtedly at play as well. In addition, improved safety standards may also come with significant financial costs. If fewer complications develop then patients need less care overall--cutting back on costs.

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February 21, 2012

Medical Malpractice Lawsuit For Emotional Distress Without Physical Harm

Each individual case of Illinois medical malpractice presents a range of unique legal issues. In most cases, medical malpractice is essentially rooted in the civil claim for negligence—alleging that another community member did not act reasonably which caused their harm. In a general sense, this is the same whether the negligent party is a doctor, nurse, taxi driver, construction worker, or anyone else. Yet, when medical errors are involved there are often a few legal complications involved that are not present in other negligence situations—like expert witnesses—but the basic legal principles are the same.

However, as a new story in Medical Daily explains, depending on the unique situation, legal claims beyond negligence may be implicated following poor medical care. For example, the story discusses the rare situation where a suit is filed against a doctor for emotional distress, even where there is no physical harm. Each Chicago medical malpractice lawyer at our firm was interested to read about the case which involves a mother who sued her doctor for failing to prepare her for the mental and emotional shock of her newborn’s birth deformities.

In this particular case the mother filed the suit against her doctor in 2005, claiming both negligence and intentional infliction of emotional distress. The doctor performed an ultrasound on the child and told the mother that the results were normal without any abnormalities. However, when the child was actually born he had a range of deformities. The baby did not have arms below the elbows or legs below the knees. He had an accessory tongue, delayed jaw growth, an umbilical hernia, and a ventral curvature of the penis. The effect of seeing her son for the first time without any warning about his unique disabilities threw the mother into shock. She explains that she suffered from severe emotional and mental distress in the aftermath of the birth.

The defense lawyers challenged the emotional distress claims, because it was unclear if the law allowed patients to file suit for purely emotional harm. However, an appellate court ruling in the state just affirmed the patient’s right. The attorney representing the plaintiff explained that the opinion was consistent with other rulings. In addition, he summarized that “where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician’s breach results in unusual and extreme emotional distress on the part of the plaintiff.”

It is unclear how this latest appellate court ruling will affect future cases in the state against doctors. The law surrounding medical malpractice changes over time as societies adapt, rulings are shifted, and the world changes. Our Illinois medical malpractice attorneys closely follow all legal trends in this area for that reason—to ensure that clients are appraised of every option in front of them. When you may have been hurt in any way by the misconduct of your medical professionals, ensure that you visit with an experienced legal professional to learn about the potential legal ramifications of your situation.

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July 17, 2011

Medical Malpractice Lawyer Files Suit for Family in Obstetrical Error Case

A medical malpractice attorney has filed a lawsuit on behalf of the husband of a woman who died as a result of an obstetrical error during the birth of her child, reports the Mount Airy News. According to the report, the defendant obstetrician-gynecologist cut her small bowel while performing a cesarean section to deliver the victim’s first child.

After the surgery, the doctor closed her up without properly examining her. In the following days, she complained on nausea, abdominal pains and not being able to have a bowel movement, but her physician and hospital staff ignored these complaints. She was released home where her problems continued, until she returned to the hospital where lab tests revealed that her kidneys had stopped functioning. She was transferred to a larger hospital, but unfortunately died soon after transfer. According to the lawsuit, the woman was most likely suffering from sepsis as a result of the doctor’s surgical mistakes.

When the woman’s small bowel was severed during the cesarean, the doctor did not realize the mistake or take action to remedy it. When tears or perforations to the small bowel occur, the contents of the bowel can leak into a person’s abdominal cavity which can lead to a sepsis infection. When left untreated, sepsis infections can be fatal such as in this woman’s case.

Our attorneys see a number of cases where preventable medical errors and mistakes go unnoticed, untreated, and lead to further injury or death. One of the goals of a medical malpractice lawsuit is to hold all wrongdoers responsible for lapses in care that cause someone else to suffer serious injuries or death. In this particular lawsuit, the victim’s family’s lawyer not only named the physician, but also the hospital and physician’s practice group as defendants, alleging that the doctor released the victim without properly examining her, the hospital failed to attend to her complaints of abdominal pain, and the practice group is negligent for lack of informed consent.

Wrongful death lawsuits also work to recover economic and non-economic damages for injured victims or the families of those wrongfully killed. In this particular case, the family will seek damages for funeral expenses and pain and suffering. The family can also seek damages to receive compensation for the victim’s lost future income.

Often, we report on lawsuits involving injuries to babies at birth. However, as with any medical procedure, labor and delivery also bring significant risks to the mother, and our Chicago medical malpractice attorneys have experience in these types of cases. We represented the family of a mother who died two weeks after her daughter’s birth because her doctor failed to diagnose or treat her abnormal bleeding after a cesarean. Our wrongful death lawyers received a $7 million jury verdict for the woman’s husband and child. We pride ourselves in our extensive experience handling cases involving complex medical issues, including those involving the injuries or death of a mother during childbirth, and work to help others achieve justice for the harms caused.

July 15, 2011

Birth Injuries – A Devastating Form Of Medical Malpractice In Illinois

Medical malpractice injuries can take many forms and can occur to patients in any age group. Regrettably, birth injury cases in Illinois account for many of those injuries. The most recent available statistics from the Illinois Department of Public Health show that in the years 2006-2008, approximately 27 out of every 1000 births in Illinois involved some form of birth-related injury, and another approximately 6 out of every 1000 births resulted in death as a result of health-care provider injury. Though at first glance it may seem like a small percentage, the Illinois Department of Public Health reports that 180,503 babies were born in Illinois in the year 2006; if the statistics are correct, more than 4,800 babies were seriously harmed, and another almost 1,100 killed in cases of Illinois medical malpractice.

Certainly in some instances, birth injuries occur by no fault of the doctors or nurses, but the truth is that many, if not most of these injuries result from negligence and/or mistakes on the part of health care providers. Parents place their trust in hospitals and doctors, and when babies are harmed the effects of the negligence are devastating.

Injuries to the baby can happen at almost any stage of the delivery or labor process. When errors are made and doctors or nurses are careless, birth injuries may result. Although some babies with birth injuries may ultimately recover quickly, unfortunately many more end up suffering from permanent debilitating mental or physical conditions, treatment for which may be life-long.

Birth injury lawsuits allow the parents to collect damages from the insurers of the negligent health care providers so that the parents can have help with the costs of providing care for the child throughout the duration of the child’s life. Some of these expenses may include:

Past and future medical expenses for treating the injury,
The cost of providing care for the child,
The cost of specialized schooling for the child,
Emotional and physical pain and suffering experienced by the child,
The costs of future earnings that the child may have received, had he or she lived a normal life,
And many others.

In these cases, the life-long effects can be overwhelming, and sometimes the only way to get retribution is to have those who caused the injury help pay for the cost of future remedies. When you add up the expenses for the effects of a birth injury, it’s easy to see that future care for a birth injury is both emotionally and monetarily costly. Doctors and hospitals are often insured, which allows parents of an injured child to be able to provide the best possible care for the child – something that wouldn’t likely be feasible on an average family’s salary.

Our Chicago birth injury attorneys have seen hundreds of cases in which children are harmed during labor or delivery, and understand the tremendous struggle that parents with injured children have to endure. If you or a loved one have had a child who has suffered a birth injury, an attorney may be the best person to help you understand your rights.

February 7, 2011

Birth Injury Lawsuit Leads to $3 Medical Malpractice Verdict

Avvo reported last week on the culmination of a medical malpractice lawsuit stemming from a birth injury.

The actual medical error leading to the trial occurred 18 years ago. The negligent obstetrician-gynecologist was presiding over the delivery of a baby girl when problems developed. However, the negligent doctor failed to act in a timely manner to help prevent complications from developing. Specifically, the doctor allowed a substantial time delay between the complications and the ordering of surgery. As a result of that error, the child suffered fetal asphyxia caused by umbilical cord compressions.

The damaging occurrence often leads to neurological problems in the infants, including cerebral palsy or even death. The child born here suffers from a number of developmental problems.

After hearing the evidence, the jury in this case found that the doctor’s poor care was a substantial factor in the girl’s asphyxia and subsequent neurological problems. They awarded her $3 million for her losses from medical malpractice.

As blog readers are aware, quick action is crucial during childbirth. Even small delays in decision-making can be the difference between life and death. All childbirth doctors know this and are therefore held to a reasonable standard of care when they aid in deliveries.

Continue reading "Birth Injury Lawsuit Leads to $3 Medical Malpractice Verdict" »

April 17, 2010

$9.5 Million Settlement Reached in Cerebral Palsy Case

A medical malpractice victim has settled with an Illinois hospital, a nurse midwife and the nurse’s employer for a $9.5 million medical malpractice lawsuit. The victims had alleged that the hospital was a fault for causing their son’s cerebral palsy. The victim’s mother was admitted to the hospital in 1996 while she was in labor with her son. The nurse had failed to promptly get a doctor when the mother requested one upon experiencing complications. The Illinois judge and mediator agreed to the medical malpractice settlement and believed it was good for both sides. This case took place in an Elgin hospital. To read more about this medical malpractice settlement, please click the link.

In the United States alone, about 10,000 babies per year will develop cerebral palsy. About two-thirds of those children will be mentally impaired. One cause of cerebral palsy is birth injury or birth trauma. Medical negligence, such as careless handling of the child’s cranium or an undetected oxygen blockage in the child’s brain is a factor in cerebral palsy cases. There are two factors that can indicate potential dangers during prolonged labor. These include the baby getting “stuck” in the birth canal with no oxygen supply. Also, if your water broke and your doctor didn’t make sure that you delivered within 24 hours you should alert someone immediately. If your child developed cerebral palsy as the result of medical negligence, consult a Chicago medical malpractice lawyer. To learn more facts about cerebral palsy, please check out the link.

April 9, 2010

Jury Awards Family $10 Million in an Ambulance Birth

A jury has awarded a medical malpractice victim $10 million. The Orlando Sentinel is reporting that the jury found the ambulance service at fault for the victim’s son’s premature birth injuries incurred in the ambulance. The medical malpractice trial lasted two-weeks. The jury decided that the company was negligent for transporting the woman when she gave birth to her son en route to the hospital. The boy is now six.

At the time of the birth he weighed 1.7 pounds and suffered a lack of oxygen to the brain. This left the boy suffering from cerebral palsy. While no amount of money will make up for the damage that her son has occurred, the victim is pleased with the outcome. The original medical malpractice lawsuit also included the hospitals and doctors. All of these defendants settled with the plaintiff for a total of $1.4 million last year. The medical malpractice lawsuit alleged that the victim first went to a medical center suffering from pain and premature labor. The emergency room physician believed that she should stay and be treated at the hospital, but an ambulance was called to transport her to another hospital. The boy was born about 15 minutes into the trip but had trouble breathing. CPR needed to be performed.

Cerebral Palsy, which involves lack of motor function, can result as a result of medical negligence. If your child has cerebral palsy, please contact a Chicago medical malpractice attorney. To read more about this specific medical malpractice trial, please click the link.

April 7, 2010

Family Wins Medical Malpractice Suit Against Chicago Hospital

A Gurnee, Illinois family has won a $29.1 million verdict in a medical malpractice lawsuit that was decided in federal court. The Daily Herald is reporting that the verdict benefits the 6-year-old victim who is now a quadriplegic suffering from cerebral palsy. The boy was delivered with the birth injury in May of 2003 at Northwestern Hospital in Chicago.
The medical malpractice lawsuit was brought in federal court because the doctors guilty of the medical error worked for a federally funded clinic in Chicago, the Erie Family Health Center. The medical malpractice lawsuit was also filed under the Federal Tort Claims Act, which allows victims to sue the federal government. Filing under the Federal Tort Claims Act requires a bench trial without a jury. Thus, Northern District of Illinois Judge Amy St. Eve was responsible for handing down the medical malpractice verdict. While the verdict was for $29.1 million, this will be setoff by a previous $6.5 million settlement reached with the hospital last year.

Cerebral Palsy is a common birth defect that can be a result of medical malpractice. When doctors leave a baby in the birth canal too long, cerebral palsy may develop. Cerebral Palsy affects a child’s movement and posture and can result in involuntary or uncontrolled movements. This birth injury often requires lifelong medical care and treatment. If your child suffered cerebral palsy as the result of medical error, please consult a Chicago injury lawyer. To read more about this Illinois medical malpractice , verdict please click the link.

March 1, 2010

Tort Reform Detrimentally Harms Victims of Medical Negligence

All too often the public does not hear about the detrimental effects tort reform has on the hundreds of thousands of victims whom are injured by medical malpractice each year. Tort reform puts a cap on compensation for victims of medical negligence. The Huffington Post points out the specific case of Lisa Gurley. A court found that the severe brain injury suffered at birth by Lisa’s son, Colin, was caused by a doctor’s negligence. Despite this finding, Nebraska tort reform prevented Lisa and her son from being adequately compensated for his injuries. In fact, they were compensated for just a tiny fraction of what it will cost to care for Colin for the remainder of his life. Now, Medicaid and the Nebraska Medically Handicap Children's program pay for all of Colin’s care. It is grossly unfair that the taxpayers and Colin’s family are paying the astronomical cost of caring for a severely handicapped child while the doctor and the insurance company paid minimally for the medical negligence. The Chicago medical malpractice attorneys at Levin and Perconti are working to protect the rights of catastrophically injured children like Colin and to ensure that there continue to be adequate remedies for injured victims of medical negligence.

January 26, 2010

Illinois Medical Malpractice Lawsuit Claims Fetal Distress Not Detected

A Collinsville, Illinois woman claims her daughter died after her doctor allegedly failed to provide her with proper pre-natal care. She filed the medical malpractice lawsuit against both the hospital and physician. The medical malpractice lawsuit claims that the doctor breached her duty of care by failing to monitor or assess the fetal viability during the pregnancy in light of the existing medical conditions. Also, the doctor failed to treat the mother’s diabetes in order to properly ensure fetal development. Finally, the medical malpractice lawsuit states that because the doctor failed to intervene when the fetus became distressed her daughter died. The Illinois lawsuit seeks more than $400,000 in damages. To read all of the medical malpractice counts, please click the link.

December 31, 2009

Ignored Patient Sues Hospital for Medical Error

A woman and her fiancé filed a federal medical malpractice lawsuit against two hospitals. They allege that they were ignored in a hospital emergency room so long that they returned home where the woman gave birth to a premature baby. The baby then died. The victims allege that their federal right to emergency medical treatment was violated. They seek unspecified damages for emotional distress. The two did not have medical insurance. There are current investigations as to whether the couple was ignored after the woman entered the hospital with severe abdominal pain. Federal law requires that most hospitals provide emergency attention to patients whether or not they have insurance. To ignore such a patient is medical malpractice. After visiting to two hospitals the couple went home. The mother gave birth to a breach baby and the 1-pound, 6 ounce baby girl was pronounced dead at the scene. This type of medical error goes hand in hand with health care reform. To read more about the birth injury, please click the link.

November 25, 2009

Hospital Sued for Medical Malpractice

A woman is suing a Hospital claiming she was the victim of medical malpractice three years ago at the hands of a nurse during child birth. The medical malpractice lawsuit alleges that the woman was given Pitocin, a drug used to induce or augment labor, without orders from a physician. The drug allegedly caused the victim to have rapid contractions that slowed the baby’s heart rate, prompting an emergency C-section. The medical malpractice claim states that the hospital is responsible for the woman’s permanent injuries and damages, pain and suffering, disability, emotional distress and loss of enjoyment of life. She looks for damages as well as compensation for past and future medical expenses related to the medical error. To learn more about the birthing error, please click the link.

August 15, 2009

Mother Bleeds to Death After Birth

A woman went to a hospital expecting a normal vaginal delivery. However after 10 hours of labor she needed a cesarean section and began bleeding internally after her uterine arteries were torn or cut during the surgery. According to her medical malpractice lawsuit she bled to death after the attending physician and obstetrician argued as to how to treat her. They could not determine whether the victim was bleeding internally and whether they should reopen her abdominal incision to evaluate. The victim had lost more than 3 quarts of blood during the surgery which accounted for 60 percent of the total blood volume in her body. The medical malpractice lawsuit claims that the doctors and hospital botched what should have been done in a routine birth. When the victim entered the hospital she was healthy and had a problem-free, full-term pregnancy. The doctor’s were quoted in an affidavit stating that there was understaffing in the surgical care unit. Both the hospital and doctors deny any medical malpractice. To read more about the mother’s death, please click the link.

April 5, 2009

Medical Malpractice Birth Injuries

A birth injury is when the direct cause of a baby’s medical complications is directly caused by the delivery procedure. Birth injuries are often the fault of medical malpractice. If during the delivery the procedure involved substandard or less than adequate medical care a person may have a claim for medical malpractice. If this sounds like your case, contact a medical malpractice attorney in your area.

Read more about medical malpractice birth injury claims here.

January 27, 2009

Jury awards $2 million to family of woman killed after delivery

A jury recently awarded $2 million in a medical malpractice lawsuit to the family of a woman who died after being given medication following the delivery of her baby. The jury determined that the doctor was negligent in giving medication to the new mother.

For the full article.

January 26, 2009

AAJ’s Litigating Medical Negligence Seminar – This Weekend

American Association for Justice is hosting a seminar on medical malpractice lawsuits this weekend in Phoenix, Arizona. The seminar will provide an in-depth understanding of medical negligence issues and trial strategies.

For more information.

December 19, 2008

AAJ medical malpractice lawsuit seminar – January 30-31, 2009

The American Association for Justice (AAJ) will host a medical negligence lawsuit seminar from January 30-31, 2009 in Phoenix, AZ. The seminar will cover a wide variety of medical malpractice lawsuits, including birth injury lawsuits.

To sign up and for more information, click here.

November 18, 2008

Jury awards $20.5 Million in Medical Malpractice Case

A jury awarded $20 million medical malpractice settlement finding that a boy’s lasting medical problems caused by mistakes made at his birth. Jurors deliberated for about four hours before deciding that both the doctor and the hospital were negligent in their treatment of the mother who was giving birth to the baby boy. The jury assigned 60 percent of the negligence to the doctor and 40 percent to the hospital. The day the baby was born, the mother called her doctor because she believed there may be something wrong with her unborn child. The doctor, who was not her primary obstetrician, told her to go to the medical center. After the mother arrived, she was hooked up to a fetal monitoring system, which indicated the baby was in distress. The nurses called the obstetrician who gave the mother advice, but he did not arrive for two hours. In that time, the baby got very little oxygen. The doctor’s decision to attempt to induce labor worsened the situation. By the time the baby was delivered by Cesarean-section about four hours after the mother arrived at the medical center, irreparable damage had been done. The child has cerebral palsy, no use of his hands, is almost completely blind and is mentally retarded. The child is now 7 years old and functions at the level of a 6-to-9 month old. His parents will receive $2 million of the award for health care expenses and related costs. He was additionally given $18.5 million for lost earning capacity, pain and suffering and medical expenses. The family stated that the majority of the money will be used for the 24-hour care he needs for the rest of his life. To read the full story, click here.