Medical Malpractice - “First of All, to Do No Harm…” 

In legal terms, healthcare professionals are only required to give a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists and surgical procedures.

Statistics show that approximately 27 out of every 1,000 births involve some sort of birth related injury, with cerebral palsy as one of the most common.

A "birth injury" is defined as any type of damage to an infant's body before, during or just after birth. Complications in the process of pregnancy, labor and delivery can result in a wide variety of complications for a newborn baby. Birth injuries vary greatly - from very minor to being so severe as to cause the death of the infant.

Some common types of birth injuries include skin irritations; temporary paralysis; fractured collar bone; fractured arm; Cerebral Palsy; brain damage; Erb's Palsy and Brachial Plexus Palsy. The most serious birth injuries involve damage to the infant's brain, causing brain damage, traumatic brain injury, seizures and mental retardation. These brain injuries are caused by oxygen deprivation or bleeding inside the brain from trauma during pregnancy, labor or delivery.

If you are concerned that your child may have sustained a birth injury, contact an attorney today. You may be unsure whether your child's injury was caused by nature or by medical malpractice but a respected birth injury attorney can help to protect your child's rights. 

Cerebral Palsy / Birth Injuries and Medical Malpractice

Cerebral palsy, a chronic medical condition caused by damage to a developing brain, is one of most common causes of medical malpractice today. It often arises from difficult labor or inappropriate methods of delivery that cause lack of oxygen, bleeding, head trauma, or other injury to a newborn child. Cerebral palsy can also arise from meningitis or other infection during the first few days following birth. Premature and low birth weight babies are at a particularly high risk of developing cerebral palsy.

Medical malpractice claims are complex legal cases that require an experienced attorney to settle or litigate your birth injury lawsuit. A thorough review of the medical records, interviews with hospital staff, evidence analysis, and expert medical witnesses are all important elements of a medical malpractice suit. Only an experienced birth injury attorney can effectively review your situation and advise you of your rights.

General Medical Malpractice Questions & Answers

1. What is medical malpractice?
Although the legal definition may vary slightly from state to state, as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

2. How can I find out if I have a case?
Talk to an experienced medical malpractice lawyer. Medical malpractice law is a highly-specialized, very difficult area of law so make sure that you speak with an attorney who has prior experience in the medical malpractice field. Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

3. My doctor made a mistake and admitted it. Do I have a malpractice case?
A medical malpractice / medical negligence attorney can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor's mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be "Yes". Damages may be recoverable for you under medical malpractice laws.

4. What kind of mistakes can result in medical malpractice?
Many different mistakes may constitute medical malpractice including:

• They did not fully inform you of the risks before treating you,
• They did not determine the proper diagnosis of your condition,
• They did not perform appropriate diagnostic testing,
• They did not properly treat your condition,
• They did not perform the operation properly, or
• They did not anticipate a problem which they should have.

5. Is there a time limit on bringing a malpractice claim?
Although the legal definition may vary slightly from state to state, as a general rule medical malpractice (also known as medical negligence) means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

6. What is a birth injury?
A physical injury suffered by a baby during delivery. Birth injuries may be related to pre-existing maternal or fetal health problems, or related to negligence by a health care professional such as a doctor or another member of the professional medical staff. These injuries may cause permanent disabilities or even death.

7. What are the most common types of birth injury?

• Cerebral palsy
• Shoulder dystocia
• Erb's palsy/brachial plexus injuries
• Brain injury caused by improper use of vacuum extractors
• Untreated jaundice

8. What is cerebral palsy?
Cerebral palsy is a medical condition caused by a permanent brain injury that occurs before, during, or shortly after birth. The effect of cerebral palsy is characterized by lack of muscle control and body movement. The cerebral palsy diagnosis is usually made shortly after birth, but may show up later in childhood.

9. What are the side effects of cerebral palsy?
Side effects of cerebral palsy include seizures, spasms, visual problems, hearing problems, hyperactivity disorder, speech problems, and learning problems. Approximately half of all people with cerebral palsy suffer from seizures. Seizures occur when there is abnormal brain activity (the brain attempts to send abnormal messages very close together). Seizures affect people in different ways - some people may stop moving and stare, others may fall down. Some can cause a person to fall and shake violently. They are generally not dangerous and will only last a few minutes.