Birth injuries or birth trauma is the damage of tissues or organs during or shortly after childbirth. This includes any damage that is long term including brain and cranium injuries. Injuries at birth can often times be a result of doctor or nurse error. Trained professionals that are caring for you and the baby during and after the birth must watch out for any signs that could result in a birth injury. Sadly, reports indicate that about 40 babies per day are born with a birth injury. Males have a higher rate of birth injury than females. Roughly 27 of every 1,000 live births result in a birth injury each year. Birth defects can also happen if the mother is exposed to chemicals, disease or toxins in the air. Non-profit hospitals also have a higher rate of birth injuries then for profit hospitals. Causes of birth injuries include cephalo-pelvic disproportion, quick delivery, delayed or prolonged delivery, abnormal birth position, obstetric turn, speeding up the birth, stimulating the birth process, misdiagnosis, failing to test or treat a condition during pregnancy, not detecting the umbilical cord around the baby’s neck, delaying an emergency C-section and forceps and vacuum extraction. Common birth injuries include”
• Brachial Plexus Injuries – damage to the upper spine and goes through the neck, shoulder, arm and hand. This can be minor to severe nerve damage, the most severe us when it results in complete paralysis
• Bone Fractures – a difficult delivery can sometimes cause newborns to be born with broken bones, the most common being a broken clavicle
• Cephalohematoma - a collection of blood below the covering of a portion of the skull bone
• Perinatal Asphyxia – when the newborn doesn’t receive enough oxygen, this c...
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...one else’s negligence including medical malpractice from the doctor or nurse during or shortly after the childbirth, failed diagnosis during pregnancy, failure to test during pregnancy, or other incidents that resulted in what you believe to be the cause of a birth injury, then you are entitled to compensation. If you believe your accident occurred due to a doctor or nurse’s negligence, then you are entitled to compensation. Every accident is different which is why we personalize each and every case! We are professional; we will listen and spend as much time as you need in order to fully understand your mishap to get you the compensation you deserve. Our services include complete support! We will assist you with finding the best doctors, paying medical bills, avoiding financial difficulty if you are unable to work and regaining emotional and psychological damages.
Medical malpractice has been a controversial issue in the healthcare setting for centuries. Apparently, there are laws to protect patients’ from medical mistakes and errors that are the result of negligence. After researching various laws and medical liability cases based on allegations of negligence, this paper will discuss and provide details on the medical malpractice case of Dorrence Kenneth versus Charleston Community Memorial Hospital. The case analysis will briefly explain information from the beginning to end, including: laws that were violated, codes in the healthcare industry that were breached by the physician and Charlesto...
In the State of Hawaii, there exists a Medical Liability/Malpractice Joint and Several Liabilities Statute. This allows people to pursue a civil lawsuit against a physician(s) or other health care providers. It allows people to sue for damages in the event of an injury or death as a result of negligent behavior. In order to recover damages, a person must establish the following:
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.
Picture yourself with a brand new child, Holding it in your arms, comforting it, and putting it back to rest in its crib. Then you go about your day at home when all of a sudden the baby starts to cry very loud and doesn't stop. You start getting frustrated so you walk to where the baby is at and start to shake it so it will be quiet. After about ten seconds it calms down, and then falls asleep again. The baby doesn't cry again for a long time so you go back to check on it about two hours later. You notice the baby isn't moving, breathing, or showing any signs of life. What you don't know is that you just committed a murder called Shaken Baby Syndrome. Another term that is close to Shaken Baby Syndrome that I will be discussing in my paper is Abusive Head Trauma.
Medical error occurs more than most people realize and when a doctor is found negligent the patient has the right to sue for compensation of their losses. Debates and issues arise when malpractice lawsuits are claimed. If a patient is filing for a medical malpractice case, the l...
Wrongful conception is a claim that the conception of a child is due the negligence of medical professionals to prevent said conception through proper sterilization techniques and contraception. This claim is generally not related to the results of whether the child is born healthy or not, but more so, on the claim that had the doctor or pharmacist taken the correct measures to assist in the prevention of conception, the individual would not have gotten pregnant. “As with other types of injury cases, a couple can seek compensation for the cost of the failed procedure, pregnancy costs, pain and suffering, lost wages, and loss of consortium” (Steffen, 2011, http://www.seolawfirm.com/2011/12/wrongful-conception-concerns-raised-when-errors-occur-during-ivf-and-pgd-testing/).
Although there are many factors that affect the development of the fetus, research on the specific effects of prenatal maternal stress and the resulting negative outcomes for the development of the fetus will be reviewed. While there is knowledge of these harmful effects in scientific and medical communities, researchers are still in the midst of discovering the results of these negative effects on human development. An overall review of the literature suggests that this topic is still relatively new in research as most of the articles make note that despite the amount of current research studies, there are still many unanswered questions.
In the article Post – Traumatic Stress Disorder and Neonatal Intensive Care, written by Marissa Clottey, B.S.N., R.N. and Dana Marie Dillard M.D., focuses on the importance of recognizing the symptoms of Post-Traumatic Stress Disorder in parents whose infant has been admitted to a Neonatal Intensive Care Unit The article also addresses the importance of informing expectant parents of the possibility of developing Post- Traumatic Stress Disorder if their newborn were admitted to the Neonatal Intensive Care Unit.
According to Lucile Packard Children’s Hospital, “In the United States, nearly thirteen percent of babies are born preterm, and many of these babies also have a low birth weight.” The baby may be put into the NICU for varies reasons. However, the most common reason that a child is put into the NICU is because he or she is premature. Premature means the baby was born before the 36 weeks. It is never good for a baby to be born early, as this could mean that the baby is not fully developed. There are other factors as to why a child may need to be put into the NICU after birth. For instance, birth defects can be the cause of why a baby is put into the NICU. A baby may be born with an infection such as herpes or chlamydia which can damage the newborns immune system at such a young age. Low blood sugar or hypoglycemia can also cause an infant to be put into the NICU. Some maternal factors of why a baby may be put into the NICU is if the mother is “younger than 16 or older than 40.” If the parent may be an alcoholic or expose the baby to drugs, this can put the child into NICU care. If the parent has an STD or sexual transmitted disease, the baby is most likely going to have to be put into the intensive care unit. “Twins, triplets, and other multiples are often admitted into the NICU, as they tend to be born earlier and s...
Looking into the leading case of McFarlane v Tayside Health Board, which is focusing on a resultant of an unwanted but healthy child. The wife became pregnant and gave birth to an unwanted healthy child due to the failed vasectomy of her husband. There are mainly two claims for the damages, which are the physical discomfort from her pregnancy and delivery and the costs associated with bringing up their healthy child. However, under the ruling by the House of Lords, only the former claim can be redeemed but not for the latter one as it would not be “fair, just or reasonable to impose on the doctor or his employer liability for the consequential responsibilities, imposed on or accepted by the parents to bring up a child”. Moreover, looking into another case on Parkinson v St James and Seacroft University NHS trust, which is focusing on the resultant child as a disabled one.
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
In the case of Norton vs Argonaut Insurance Company there are many factors which impacted the court’s ruling as to the parties who were responsible resultant wrongful death of the infant Robyn Bernice Norton. The nurses, doctors(independent contractors) and the the hospital though not formally charged
Postpartum hemorrhage is the leading cause of maternal mortality in the world, according to the World Health Organization. Postpartum hemorrhage (PPH) is generally defined as a blood loss of more than 500 mL after a vaginal birth, more than 1000 mL after a cesarean section, and a ten percent decrease in hematocrit levels from pre to post birth measurements (Ward & Hisley, 2011). An early hemorrhage occurs within 24 hours of birth, with the greatest risk in the first four hours. A late hemorrhage happens after 24 hours of birth but less than six weeks after birth. Uterine atony—failure for the uterine myometrium to contract—is the most common postpartum hemorrhage (Venes, Ed.).(2013). Other etiologies include lower genital tract lacerations, uterine inversion, retained products of conception and bleeding disorders (Kawamura, Kondoh, Hamanishi, Kawasaki, & Fujita, (2014).
“Nursing Accidents Unleash Silent Killers”, according to the article titled “A Wake-up Call” (Marilyn S. Fetter 2011). Mistakes or errors implemented by nurses nationwide not only kill but injure thousands. This perception of practicing nurses continuously causing errors and mistakes can be changed and something can be done about it. Although, rare cases of nursing malpractice are still on the rise. Malpractice is a serious case in which can be avoided completely by a skilled nurse who in which follows standards and safety precautions to accurately and correctly care for each and every patient. The nurse’s role in healthcare continues to expand throughout the years. For example, with the new Healthcare Reform Act taking affect the roles of the health care nurse expands even more increasing the demands placed on them for the care and treatment of every patient. This has also lead to an expansion of legal liability for malpractice. The nurse upholds a close and professional relationship with the patient and has the best advantage to impact the patient. The nurse holds the utmost responsibility in continuing to be well informed about malpractice, as well as how to avoid a malpractice case or negligence by presenting outstanding patient care; in addition to malpractice insurance to protect yourself from an undesirable outcome.
Reddy, U. M., Zhang, J., Sun, L., Chen, Z., Raju, T. N., & Laughon, K. (2012). Neonatal mortality by attempted route of delivery in early preterm birth. American Journal of Obstetrics & Gynecology, 207(2). doi:10.1016/j.ajog.2012.06.023