Family awarded $18 million after jury rules medical negligence

A Kentucky family’s three-year lawsuit finally came to a close last month after 10 of 12 jurors ruled that TJ Samson Community Hospital acted negligently in the birth of the family’s son, according to a WBKO article.

When the mother went in to deliver her child, she had no previous complications and her child was seemingly healthy. The doctor gave specific orders for the administration of medicine and spacing of contractions. These orders were not followed by other hospital staff and resulted in the baby being trapped in the birth canal with a limited oxygen supply. The child consequently developed spastic quadriplegia, a type of cerebral palsy, as a result of the hospitals negligent actions.

TJ Samson Community Hospital was ordered to pay the family $18 million for institutional negligence resulting in a debilitating birth injury condition. This sum included coverage for his entire life care plan of about $9 million, expected to support him over the next 67 years. He was also awarded compensation for his future lost earnings, past pain and suffering, and future pain and suffering.

This instance shows how too often, negligence by medical professionals can lead to the devastating development of disabling conditions like cerebral palsy. If your child has developed a birth injury like cerebral party due to another party’s wrong-doing, the birth injury lawyers with the Driscoll Firm may be able to help. Contact us at (800) 900-7704 today to begin taking action.

Available Treatment Plans for Erb’s Palsy

The consequences of Erb’s palsy caused by medical error can be devastating, including the severe limitation of flexibility and mobility which can lead to permanent disability. However, for some, the symptoms of Erb’s palsy may be substantially mitigated or nerve damage may potentially be altogether corrected through certain treatments. While these procedures can be prohibitively expensive for some, their impact can dramatically improve a child’s quality of life if successful.

Erb’s palsy is medical disorder that directly correlates with significant damage to a bundle of nerves, known as the brachial plexus, in the shoulder that controls the arm’s muscles. Under some circumstances, this type of nerve damage may be treated through the following methods:

  • By surgically replacing any and all damaged nerves
  • By performing muscle surgery to improve arm flexibility
  • Through extensive physical therapy

For many children, treatment of Erb’s palsy is long-term and will necessitate extensive medical care and rehabilitation

When Erb’s palsy is developed as the result of a negligent doctor’s or nurse’s delivery room error, it is likely that financial restitution may be sought to help pay for the extensive damages that are typically associated with treating the condition. With that in mind, it may be critical that you retain an experienced medical malpractice attorney to help you build and coordinate a legal strategy intended to recover any damages associated with your child’s Erb’s palsy.

The birth injury lawyers at the Driscoll Firm are committed to holding negligent medical professionals responsible for their actions; to discuss the particulars of your case with one of our personal injury lawyers, please call our offices at (800) 900-7704 today.

Is my child suffering from brachial plexus injury?

Brachial plexus injury refers to any damage in the brachial plexus, or the set of nerves that run across the neck and the shoulder region. Because brachial plexus is responsible in delivering electric signals to the entire upper limb, an injury to this network of nerves may affect muscle movement of one or both arms. Several types of brachial plexus injury can occur at birth. For instance, brachial plexus can be stretched or ruptured when a medical practitioner forcefully pulls the infant’s shoulder as they emerge from the birth canal.

To know if your child is suffering from brachial plexus injury, look for these common signs:

  • One arm looks weak, or partially or totally paralyzed
  • The affected arm seems to develop more slowly than the other
  • The affected arm fails to respond to stimuli

Negligent actions of a medical professional may overwhelmingly harm your family. If you believe a birth injury has been a result of a medical malpractice, an attorney at Driscoll Firm may look into your family’s situation to see if it would be possible to seek financial restitution through legal means. Call us at (800) 900-7704 for a free assessment of your case today.

Brachial plexus injuries and medical negligence

Brachial plexus refers to a network of nerves running from the spine to the shoulders. It is responsible in delivering electric signals from the brain to the arms and shoulders, making it possible for the entire upper limb to feel sensation and to move. When these nerves are compressed, stretched, or torn, oftentimes from a physical trauma, a brachial plexus injury may occur.

Brachial plexus injury can happen at birth. Newborns who have been forcefully removed from the birth canal during labor are at risk of this kind of injury. Furthermore, a medical practitioner’s failure to perform C-section when needed may cause prolonged labor where the baby is in a compressed position for a significant amount of time, which can also cause brachial plexus injuries. This can result in severe pain, numbness, or limited use of the hand and arm.

If you believe your child’s brachial plexus injury has been a result of medical malpractice, our team of experienced lawyers at the Driscoll Firm might be able to help you file a lawsuit against the negligent parties involved. Call us at (800) 900-7704 today.

The use of anticonvulsants for children with CP

Children with cerebral palsy are at higher risk of convulsions due to the brain’s inability to control its normal pattern of electrical activities. During convulsions, the muscles contract and relax repeatedly and uncontrollably. This causes the child’s body to shake, making them more prone to injuries and other more serious medical emergencies, such as a coma.

To manage these symptoms, doctors may prescribe anticonvulsants to help prevent the outburst of electrical signals that may trigger convulsion. It can also be used to shorten the length of the seizure, to lessen its occurrence, and to reduce its severity.

Taking care of a child with a life-long condition such as cerebral palsy requires life-long medical support and the continuous use of medications, such as anticonvulsants. Unfortunately, the medical costs brought about by all of these might be an added burden to some families. To see if your family’s situation qualifies for financial assistance from a negligent medical practitioner who may have caused your child’s condition, contact a cerebral palsy attorney at the Driscoll Firm by calling (800) 900-7704 today.

Forceps delivery and the risk of cerebral palsy

During a difficult delivery, where the baby is stuck in the birth canal, medical professionals need to act quickly so the child is not deprived of oxygen for too long. Sometimes a tong-like instrument called “forceps” are used in this situation to guide the baby out of the womb.

Because forceps are designed to provide a stable grip on the baby’s head, an improperly executed forceps delivery might damage the cerebrum if the proper care isn’t taken, which could cause cerebral palsy. Prolonged and unnecessary use of forceps may also stem from a medical practitioner’s failure to identify a situation that should have called for a C-section, like when the pelvic size is too narrow for the baby to fit through.

If you believe your child’s cerebral palsy was a result of a medical practitioner’s error in conducting a forceps delivery, a lawyer at The Driscoll Firm might be able to help you file a legal complaint. Call us today at (800) 305-9800.

Caring for someone with CP by taking care of oneself

Taking care of someone with cerebral palsy (CP) demands a great deal of time, energy, and resources. As such, parents, loved ones, and care-givers of individuals with CP are more likely to become stressed and exhausted.

To help you fight the threat of exhaustion or too quickly being overwhelmed, consider the ABCs of taking care of oneself:

  • A – Acknowledge that taking care of someone with a lifelong condition such as cerebral palsy can be hard, and that it is normal to be upset at times
  • B – Build a strong support system by seeking out people and organizations with the same situation as yours
  • C – Consider getting time off by getting help from family members, friends, or paid providers

Cerebral palsy is a condition that can, unfortunately, be a result of medical malpractice and negligence. To learn more about your eligibility in filing for a civil claim against the parties involved, consult with an attorney at the Driscoll Firm by calling (800) 305-9800 today.

Medical negligence caused my child’s birth injury, what can I do?

If you suspect that the negligence of a medical professional directly contributed to your child’s birth injury like cerebral palsy, it is highly advisable that you secure legal representation as soon as possible. With an experienced birth injury lawyer, you may be able to pursue a civil lawsuit against the medical professional whose negligence resulted in your child’s birth injury. The experienced birth injury lawyers at the Driscoll Firm are well-experienced—especially with cases involving cerebral palsy and Erb’s palsy—in pursuing financial restitution from negligent medical professionals.

To discuss how one of our dedicated birth injury lawyers may help you secure compensation, please call us at (800) 305-9800.

Norwegian study suggests Cerebral Palsy genetic link

A study by Norwegian researchers published by The BMJ revealed the risk of cerebral palsy is increased if someone in the family was born with it, HealthDay News reported on July 15.

Although it is well known that lack of oxygen and exposure to infection during delivery can increase the risk of cerebral palsy, new research reveals there may also be a genetic link. The researchers analyzed extensive data covering the birth of more than 2 million Norwegians from 1967 to 2002. In families who had a child with cerebral palsy, there was a six to nine times increased risk of having a full sibling with the same condition. Parents affected with cerebral palsy are also 6.5 times at risk of delivering a child with the condition. Meanwhile, infants with an affected third degree relative (a first cousin, for instance) were 1.5 times at risk.

This research is important in expanding our knowledge about Cerebral Palsy and how it may be treated in the future. Unfortunately, many cases of this condition are caused by medical negligence during the delivery. If your loved one has developed cerebral palsy due to a medical practitioner’s negligence, discuss your options in seeking compensation with a lawyer at the Driscoll Firm. Call us at (800) 900-7704 to learn about your legal options.

Understanding cerebral palsy

Cerebral palsy is a life-long medical condition that affects voluntary and involuntary movements of the body. In many cases,  this medical condition is the result of an injury acquired by an infant before or during childbirth.

There are many ways to group the different types of cerebral palsy. One way is to categorize them based on the effect each has on the body’s motor functions:

  • Spastic/pyramidal – Considered the most common type of cerebral palsy, it is characterized by increased muscle contraction and rigidity that affect voluntary movements.
  • Non-spastic/extrapyramidal – This occurs when there is an injury in the involuntary motor system. It is characterized by involuntary movements that can be exaggerated with voluntary ones.

If you believe your child has developed cerebral palsy due to a medical personnel’s negligence, a lawyer at the Driscoll Firm may help you hold the responsible party accountable for all the damages your family has suffered. Call us at (800) 900-7704 today to discuss your eligibility in filing a medical malpractice lawsuit.

« Previous PageNext Page »

Free Evaluation

No fees until you collect. Complete the form below to receive a free evaluation.

Se Habla Espanol