Birth injuries are devastating for parents, as anybody who has been through such an experience can tell you. The frustration can be particularly great in cases where birth injury is caused by medical malpractice. For those who have a strong enough case, there may be the ability to sue for medical malpractice and obtain damages to help ease the financial burden that can follow a birth injury. Victims of medical malpractice leading to birth injury do not always have the ability or opportunity to sue, though.
Last time, we began looking at birth injury case recently appealed up to the U.S. Supreme Court, and the Feres doctrine which is at stake in the case. As we noted, the Feres doctrine holds that active-duty military members are not able to sue the government for tort relief, as in cases of medical malpractice. What is at stake in the Supreme Court appeal, though, is whether tort relief is available to cover damages for a child who sustains a birth injury.
All of us depend on medical care at some point, and all of us expect that our providers will exercise an appropriate degree of care in treating us. When providers fail to do this, we know that we have the ability to seek compensation for our injuries, even if we ultimately choose not to do so for one reason or another.
Researchers from Princeton University recently offered a new theory regarding the genesis and onset of autism. The theory has to do with the cerebellum, the area of brain which processes motor control. Researchers suggest that an injury to the cerebellum during the birth process can significantly increase an infant’s likelihood of developing autism, more than almost every other known risk factor.
A judge for the Lenawee Circuit Court held a hearing last month on the issue of what the cap should be for birth injuries in a medical malpractice case involving a botched delivery that resulted in the stillbirth of a baby at ProMedica Bixby Hospital in 2008. According to the claim brought by the baby’s mother, the death was the result of the negligence of a nurse and a physician on staff at the hospital. The child was reportedly delivered well after it should have been due to the oversight of the providers.
Cesarean section is a method of surgically delivering a baby, which is performed either in response to a complication during a vaginal delivery or planned out in advance due to certain unusual circumstances of the pregnancy. According to the Centers for Disease Control and Prevention, about one-third of American women delivered their babies by C-section in 2011. That is up from five percent back in 1970.
The ruling may spark other states to only allow fact-based measures of tort reform
A family recently settled its lawsuit against a Hawaii military hospital for birth injuries that caused a boy to develop cerebral palsy. The lawsuit listed disturbing details about doctors' actions preceding the emergency c-section birth of Noah Whitney, now 3.
The medical community has long been aware that oxygen deprivation before and during birth causes worse brain damage in boys than girls, but the reasons why have proved elusive. A recent study provides exciting insight into the differences between female and male brain neurons after oxygen deprivation, or hypoxia.
A young couple is pleading for all doctors to discontinue use of forceps in deliveries after their daughter's skull was fractured. Their baby lived for only five days before dying from severe brain damage allegedly caused by their obstetrician's negligent delivery.