Medical Malpractice and Birth Injuries: Legal Rights and Pursuing Compensation

As an expectant parent, you anticipate the birth of your child with joy and hope. Yet, when the unexpected happens and birth injuries occur, it is essential to know your legal rights and the path to pursuing compensation. Medical malpractice, particularly when it leads to birth injuries, can be a complex field, but with the right legal guidance, you can navigate it effectively.

Birth injuries can range from mild to severe, impacting a child's life and the family's future. When such injuries result from medical negligence, it is your right to seek justice and compensation. The law provides a recourse to address the preventable errors made by healthcare providers during pregnancy, labor, and delivery.

Understanding if Your Case Qualifies for a Claim

The first step in this process is to discern whether the birth injury was preventable. If a medical professional's action or inaction deviated from the standard of care and led to the injury, you might have a case. Common causes include failure to perform a timely cesarean section, improper delivery techniques, or inadequate monitoring of the baby's and mother's vitals. Conditions like cerebral palsy or Erb's palsy, if caused by such negligence, may be grounds for a lawsuit.

Seeking the Expertise of Good Medical Malpractice Lawyers

Pursuing a claim requires the expertise of good medical malpractice lawyers who are well-versed in the complexities of birth injury cases. They can provide the experience and meticulous attention to detail necessary to build a compelling case. The right attorney will not only seek to understand the medical facts, but also the profound impact on your family's life.

The Role of a Personal Injury Law Firm

It is also beneficial to engage a personal injury law firm experienced in birth injuries. They can help in accurately assessing the compensation needed for the child's lifelong care, which may include medical expenses, therapy, and special education, among other needs.

When Criminal Defense Intersects with Medical Malpractice

There may be instances where the line between medical malpractice and criminal negligence is thin. If a healthcare professional's conduct was egregious, it might warrant a criminal investigation. In such cases, a criminal defense attorney can provide counsel on the intricacies of the law.

Planning for Your Child's Future

The aftermath of a favorable settlement or verdict is just as critical as the legal battle. Ensuring that your child has the resources for his/her future needs is paramount, and your legal team should assist with this planning.

Seeking Answers and Justice

Every parent deserves answers when a birth injury occurs. If you have been told your pregnancy was progressing normally but your child was born with unexplained disabilities, it is within your rights to seek legal consultation.

This blog was originally posted on https://pa4law.com/medical-malpractice-and-birth-injuries-legal-rights-and-pursuing-compensation/

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Is Leaving an Instrument Inside a Patient After Surgery Considered Medical Negligence?

Medical professionals use a wide array of instruments when performing surgery. According to the American Society of Anesthesiologists, around 4,500 to 6,000 sponges and other surgical instruments are left in patients’ bodies each year, which can lead to serious complications or death. If you or a loved one has had surgery and an item was left inside your body, a local medical malpractice lawyer can evaluate your case and advise you of your options.

What is Medical Negligence?

All healthcare providers, hospitals, and surgery centers have a duty of care to provide treatment according to a reasonable standard of care that similar medical professionals would provide. When they fail to meet that duty, it may be considered medical negligence.

In a medical malpractice claim, a plaintiff must prove that the health care provider did not meet that duty of care, that they suffered damages, and that the provider’s actions were the direct cause of their injuries. While cases involving retained surgical instruments may seem straightforward, good medical malpractice lawyers know that sometimes they can be challenging to win.

Commonly Retained Surgical Items

Surgical sponges are the most common items left inside the body. There are several reasons for this.  For example, a surgeon may go through 40 or 50 of them during one operation, and they can be hard to see when soaked in blood. Although hospitals have protocols in place to prevent this from happening, it most commonly occurs during emergency surgeries or when unexpected complications arise. Some other items and instruments that have been left inside patients’ bodies include:

• Scalpels

• Forceps

• Clamps

• Scissors

• Drain tips

• Needles

• Tubes

• Scopes

• Measuring devices

• Surgical gloves and masks

• Gauze

Why Surgical Instruments May be Left Behind

In addition to the chaos of emergencies or complications during surgery, other factors may increase the risk of retained surgical items. Sponges or instruments may be counted incorrectly due to fatigue or faulty management systems, and when multiple surgeries are needed or procedures involve more than one surgical team, the chances of instruments being left behind increase.

Complications of Retained Surgical Instruments

Retained surgical items can result in a wide range of complications, including internal bleeding and permanent injury or disability. Surgical sponges left inside can break down, collect bacteria, and cause ulceration that may eventually become life-threatening.

Blades, scalpels, and other instruments with sharp edges can cause organ and blood vessel punctures as well. Pain in the abdominal, pelvic or chest area, fever, swelling, digestive issues, nausea, and weight loss are common symptoms of retained surgical instruments or sponges.

Recovering Damages in Medical Malpractice Claims

In most cases, when a retained surgical instrument is detected, additional surgery is required to remove it. This can lead to exorbitant medical costs, pain, and significant recovery time. The best medical malpractice attorneys in Pennsylvania can evaluate your claim and may be able to help you recover damages such as:

• Medical bills

• Lost wages

• Loss of future earning potential if an injury leaves you disabled

• Anticipated future needs, such as nursing care

• Pain and suffering

• Other damages specific to your claim

If you have lost a loved one due to retained surgical instruments, you may be entitled to file a wrongful death claim against responsible parties.

Our experienced medical malpractice lawyers in Chester County, PA understand how to accurately value your claim and fight to hold negligent medical professionals and hospitals accountable so you can heal and move-on with your life.

This blog was originally posted on https://pa4law.com/is-leaving-an-instrument-inside-a-patient-after-surgery-considered-medical-negligence/

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Neurosurgery Malpractice: When Surgeons Operate on the Wrong Area of the Brain

Any surgery carries some degree of risk, but when a procedure involving the brain goes awry, the physical, emotional, and financial fallout can be devastating. In 2013, Regina Turner, a 53-year-old St. Louis woman who was supposed to undergo a left-sided craniotomy bypass, was permanently injured due to surgery being performed on the wrong side of her brain.  Although she and her family hired good medical malpractice lawyers who helped her recover compensation for damages, Ms. Turner’s life was irrevocably changed. 

Regina’s Story

Before surgery, Ms. Turner had suffered a series of mini-strokes over several years. The purpose of the left-sided craniotomy bypass was to prevent future strokes, but the medical error resulted in her requiring round-the-clock care. Unable to walk, she had to use a wheelchair, and her speech became garbled. Although a second surgery was performed six days later on the correct side of her brain, the damage was already done. Photos of Regina before her first surgery show an indelible marking on the left side of her head. After the procedure, another picture shows a bandage on the right side of her head. Unfortunately, no one in the operating room noticed that they were working on the wrong side. 

How Did This Happen?

There are different reasons why wrong-side craniotomies are performed. Reversed X-rays, procedural errors, and a surgeon failing to review a patient’s medical records are just a few factors that can come into play. Wrong-site surgeries are considered sentinel events, which are the worst kinds of medical errors. It’s hard to believe, but a  2007 study found that one out of four neurosurgeons has performed wrong-site surgeries.

Holding Responsible Parties Accountable for Wrong-Side Craniotomy

In this type of situation, the best medical malpractice lawyers in Pennsylvania recommend finding a personal injury lawyer with experience handling wrong-site surgery cases. Ms. Turner and her family hired attorney Alvin Wolff, who filed a medical malpractice suit against Dr. Armond Levy, the neurosurgeon who performed the bungled operation, and SSM Health Care St. Louis. 

The lawsuit was settled out of court. The details of the settlement were undisclosed. Although some may consider this justice, no amount of money can change what happened to Regina and how the medical error affected her life. Mr. Wolff also filed a complaint with the Missouri Board of Registration for the Healing Arts. They declined to take action against Dr. Levy, but a record of the investigation remains on file. If the state of Missouri wouldn’t hold him accountable, at least Regina and her family found some kind of recourse by filling a medical malpractice lawsuit and recovering a settlement. 

If you or someone you love has been affected by wrong-site surgery, you don’t have to go it alone. Our malpractice lawyers in West Chester, PA are here for you. Our legal team includes some of the best medical malpractice attorneys in Chester County. Our personal injury attorneys and malpractice lawyers also serve clients in Delaware County and other counties.

This blog was originally posted on https://pa4law.com/neurosurgery-malpractice-when-surgeons-operate-on-the-wrong-area-of-the-brain/

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Medical Mistakes: When a Fertility Clinic Uses the Wrong Sperm

For those struggling to conceive a child, fertility treatment can be a lifesaver. Although they are rare, mistakes sometimes happen at fertility clinics. Fertility law is fairly new and can be quite complex. If you’ve been a victim of a medical error during fertility treatment, it’s important to find good medical malpractice lawyers who have experience in this area of the law.

Fertility Clinic Sperm Error

One such case involved Thomas and Nancy Andrews, who received fertility treatments at New York Medical Services for Reproductive Medicine in 2004. After struggling to conceive their second child, Nancy underwent in-vitro fertilization with what was assumed to be her husband Thomas’ sperm. When she became pregnant the family was overjoyed.

However, after Nancy gave birth to daughter Jessica on October 19, 2004, they feared that something was amiss. Jessica’s skin was much darker than either of her parents’ and she had characteristics more typical of African or African-American descent. Using a home kit, they tested their daughter’s DNA and had two additional lab tests performed. All three tests showed that Thomas was not Jessica’s biological father.

The Andrews File a Malpractice Lawsuit

The couple feared that Jessica’s biological father could try to claim rights and that the anonymous donor's sperm may have been used in other inseminations or another couple may have received Thomas Andrews' sperm. They also believed that the convoluted situation could cause their child confusion and unnecessary hardship.

The Andrews decided to bring a claim against the owner of the clinic and the embryologist who processed the egg and sperm for insemination. In court filings the couple stated, "We underwent a difficult and complex medical procedure for the sole purpose of bearing a child of our own. We were never informed that this type of mishap could occur, and frankly, this type of mishap is almost unimaginable.”

Even the best medical malpractice lawyers in Pennsylvania find cases involving IVF and other fertility treatments challenging to win. New York courts are hesitant to deem the birth of a healthy child as a cognizable injury. State Supreme Court Justice Sheila Abdus-Salaam dismissed certain parts of the Andrews’ lawsuit, including a claim that they had suffered mental distress. However, they were permitted to proceed with the medical malpractice portion of the claim. Ultimately, they were granted a summary judgment against embryologist Carlo Acosta.

Other Types of Fertility Clinic Errors

Using the incorrect sperm isn’t the only type of error that can happen at a fertility clinic. A California woman was awarded $1 million in a malpractice claim against a fertility specialist who accidentally implanted her with the wrong embryos, then concealed the mistake until her baby was 10 months old. 

Common errors include:

• Improper handling of sperm, eggs, or embryo, which can result in the implantation of the wrong embryo or using the wrong sperm or eggs
• Improper implantation, such as placing the embryo in the ovaries, which can result in ectopic pregnancy
• Medication errors, such as prescribing the wrong drugs before, during, or after an IVF procedure

If you have suffered harm due to a fertility clinic error, seeking the counsel of medical malpractice lawyers in Chester County PA can help make things right for you and your family. Our malpractice attorneys in West Chester provide compassionate, competent legal services you can trust.

This blog was originally posted on https://pa4law.com/medical-mistakes-when-a-fertility-clinic-uses-the-wrong-sperm/

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How a Blood Type Error led to a Young Woman’s Death after an Organ Transplant

Hundreds of thousands of Americans are injured or killed due to medical mistakes each year. These errors are usually preventable and can lead to tragic events that leave families devastated. One notable case of egregious medical malpractice involved 17-year-old Jesica, a patient at Duke University Hospital. In 2003, she received a heart-lung transplant at the prestigious hospital, but passed away due to a blood type error. 

Malpractice lawyers in Chester County, PA and around the globe kept a close eye on this case to see if the family attained the outcome they deserved for the loss of their daughter. Although her family ended-up settling with Duke for an undisclosed amount, even the best medical malpractice lawyers in Pennsylvania know that no amount of money can ever erase the pain of losing someone you love. 

Jesica’s Story

Jesica suffered from a life-threatening heart and lung disorder that drove her parents to bring her to the U.S. from Mexico to receive the medical treatment she desperately needed. On February 7, 2003, Jesica received a heart-lung transplant at Duke University Hospital. The surgery was performed by a highly respected pediatric cardiac surgeon who had performed more than 100 heart transplants. 

About five hours into the surgery, the surgeon got word from a technician in the immunology lab, who told him that the organs, which were from a type A donor, did not match Jesica’s blood type, which was type O. This led to the antibodies in her blood attacking and destroying her new organs. The surgeon told Jesica’s parents about the error shortly after surgery, but Duke University Hospital didn’t inform the public for 11 days, when they finally made an announcement seeking another donor. Although she received new organs 13 days after her initial surgery, Jesica slipped into a coma and died on February 22, 2003. 

How Did This Blood Type Error Happen?

More than a dozen people at Duke and the organ donation organizations were responsible for acquiring a new heart and lungs for Jesica. So what went wrong? How did someone fail to catch this grave error? Sadly, a failure to communicate basic information was the main cause – no one ever cross-checked her blood type to make sure it was a match before surgery. 

UNOS, the national organization that coordinates some organ donation services throughout the country, already had a policy that required blood types of donors and recipients to be matched before releasing any organs. However, no one at any organization involved ensured that Jesica’s blood type and the organs were a match. The surgeon took responsibility for the error and an investigation led to the hospital implementing new procedures to prevent similar errors from occurring. 

Blood Type and Transfusion Errors

These types of cases are complex and can be challenging to win, so having an experienced attorney by your side is critical. Although Jesica’s family was left heartbroken without their daughter, one positive aspect of this incident is increased transplant safeguards, and increased awareness of organ donation by the general public.

In addition to mistakes involving blood type, Good medical malpractice lawyers are well-versed in other blood-related errors, such as: 

• Incorrect blood type analysis

• Dispensing the wrong blood product

• Improperly-labeled blood products

• Blood administered to the wrong patient

• Expired blood products

How a Medical Malpractice Attorney Can Help

Regardless of the type of error, if you believe you or a loved one was hurt due to a mistake by a medical professional or organization, our medical malpractice lawyers in Delaware County PA and malpractice attorneys in Chester County, PA can assess your case, advise you of your options, and help you hold responsible parties accountable.

This blog was originally posted on https://pa4law.com/how-blood-type-error-led-womans-death-after-organ-transplant/

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The Tragic Impact of Anesthesia Awareness on a Patient and His Family

Anesthesia is a modern miracle that has had an impact on millions of lives since its invention in 1846. However, there are risks involved when a patient undergoes anesthesia. One of these risks is anesthesia awareness, which can occur when a patient wakes-up during surgery. This kind of event can be very traumatic and even led to the tragic death of a West Virginia pastor, leaving his family stunned and heartbroken. If you or someone you love has suffered the effects of anesthesia awareness, having your case evaluated by good medical malpractice lawyers is vital. 

How Does Anesthesia Awareness Happen?

When you have surgery, two types of anesthesia are usually administered. First, a paralytic is administered, which leaves you completely unable to move. The second type that is administered is designed to prevent pain and cause a loss of consciousness. Typically, patients’ eyes are taped shut during surgery as well, which means that if they wake-up during surgery, they cannot move and are unable to alert anyone that they are conscious of what is happening. If the paralytic works, but the anesthesia that is supposed to render a patient unconscious does not,  the patient may feel everything that is happening, but be unable to do anything about it.  

Is Waking Up During Surgery a Common Occurrence?

According to the Joint Commission on Accreditation of Healthcare Organizations, studies show that anesthesia awareness may happen in 0.1 percent to 0.2 percent of surgeries involving general anesthesia in the U.S. Half of all patients who experience anesthesia awareness report mental distress after their procedure. Many suffer from conditions such as PTSD, anxiety, depression, nightmares, and other long-term psychological effects. 

Sherman Sizemore’s Story

In 2006, Sherman Sizemore underwent exploratory surgery to determine the cause of recurring abdominal pain. The paralytic was effective, but the inhalational anesthesia was not. He was unable to move or speak and felt everything that was happening to him. Because his eyes were taped shut, he couldn’t see, which was likely terrifying. 

The medical team didn’t know that Mr. Sizemore was awake until 16 minutes into the surgery. They gave him an amnesia-inducing drug after they realized what occurred and did not inform him that he had been awake during part of the procedure. Although Mr. Sizemore was unable to remember exactly what happened, he knew something was wrong. 

Shortly after surgery, Mr. Sizemore began having panic attacks, insomnia, and nightmares. He also believed that people were trying to bury him alive. At 73 years old, he’d never had any psychological issues before the surgery. Tragically, two weeks after the operation, he committed suicide. In this type of situation, the best medical malpractice lawyers in Pennsylvania would likely recommend that the family consider bringing a wrongful death lawsuit against any negligent medical providers. 

The Family Takes Action

After the loss of their father, Mr. Sizemore’s daughters filed suit against Raleigh Anesthesia Associates. In their lawsuit, Mr. Sizemore’s family claimed that he was awake and felt agonizing pain during surgery. They reported that after the operation, he began behaving strangely – he complained of being unable to breathe, and although he was afraid to be left alone, refused to see his grandchildren. The lawsuit also alleged that Mr. Sizemore was plagued by doubt, wondering if he had imagined the excruciating pain. If Mr. Sizemore had been properly informed about what had happened during his surgery, he may have been able to get the psychological help needed. Their wrongful death claim was settled confidentially in 2008.

If you or a loved one has been affected by anesthesia awareness, our malpractice lawyers in West Chester, PA can help. Our experienced medical malpractice attorneys in Chester County, PA serve clients in Delaware County and other Pennsylvania counties as well. 

This blog was originally posted on https://pa4law.com/tragic-impact-anesthesia-awareness-patient-family/

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Wrongful Death Due to Air Embolism. Do You Have a Malpractice Case?

A somewhat rare occurrence, air embolisms are typically preventable when proper precautions and procedures are followed. Unfortunately, sometimes health care providers and facilities are not as careful as they should be, which can lead to tragic results. If someone you love passed-away due to an air embolism, finding good medical malpractice lawyers to evaluate your case is vital. Although no amount of money can bring back your loved one, an attorney can determine whether you have a viable wrongful death claim and advise you of your options.

What Is an Air Embolism?

An air embolism occurs when air bubbles enter the bloodstream and block a vein, artery, or blood vessel. When these air bubbles travel to your brain, heart, or lungs, it can cause heart attack, stroke, brain damage, respiratory failure, or other serious conditions. In some cases, air embolisms causes death.

Causes of Air Embolisms

Air can get into veins and arteries in several ways, usually during an injection, surgery, or while an IV is being placed. In a medical setting, an embolism may be caused by:

• Holes in tubing or catheters

• Defective tubing or catheters

• Improper priming of IV tubing

• Improper insertion or removal of an IV line

• Direct injection of air into a vein

• Defective heart stent

• Open heart surgery

• Blood transfusion

• Medication complications

If there is trauma to the lungs, ventilator-induced pulmonary embolisms can occur when a ventilator forces air into a damaged vein or artery. Because they provide direct access to the venous system above the heart, IV lines in jugular veins can also be a risk for air embolism. For an air embolism to develop from a central IV line, a sufficient amount of air must enter the system. Medical malpractice lawyers in Chester County, PA often employ medical experts who know how to determine whether an air embolism was involved in a patient’s death.

Preventing Air Embolisms

Physicians, nurses, and other health care professionals are trained to prevent air embolisms and to monitor patients to detect symptoms of embolisms during surgeries and other medical procedures. For example, patients are more likely to suffer from an air embolism if they are in a sitting position during an IV procedure, so proper positioning is vital. A pulmonary artery catheter or ultrasound can be used to detect air bubbles during surgery, and using an air occlusive dressing when a line is removed can help prevent air embolism.

How Do You Know If You Have a Case for Wrongful Death?

If you believe the negligence of a health care provider or facility caused your loved one’s death, seek the counsel of medical malpractice lawyers in Chester County, PA.  In most cases, air embolisms are preventable. However, you still have to prove negligence in a medical malpractice or a wrongful death claim. There must be evidence that a health care professional or facility provided substandard care, caused the embolism, failed to diagnose it, or failed to properly treat the condition.

An air embolism can sometimes be identified when reviewing medical records, especially if a CT scan was performed after symptoms appeared. The best medical malpractice lawyers in Pennsylvania understand how to properly investigate these types of cases. They typically enlist medical experts, review medical records, gather witness testimony, and thoroughly investigate the circumstances of the death to put all the pieces of the puzzle together.

Do you need help determining whether you have a medical malpractice or wrongful death claim? Our malpractice attorneys in Chester County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/wrongful-death-due-to-air-embolism-do-you-have-a-malpractice-case/

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Statutes of Limitations in Birth Injury Malpractice Cases

 

The birth of a child is a joyful event for many families. Unfortunately, when birth injuries occur, they can put the health of both the child and mother in danger. Some birth injuries take years to be identified, so it is critical to know how statutes of limitations may apply in these types of cases. If you believe a birth injury was caused by a health care provider’s negligence, seeking the counsel of good medical malpractice lawyers can help you understand the damages you may be entitled to recover on your child’s behalf and how statutes of limitations for bringing a claim may affect your case.

What is a Statute of Limitations?

A statute of limitations is the time frame the law sets for filing a claim. Deadlines for filing birth injury claims vary by state and type of case. For example, the deadline for filing a medical malpractice claim in Pennsylvania is two years, but there is an exception that enables parents to file a birth injury claim until the child’s 20th birthday. It is important to note that this exception does not always apply, so if you suspect that a maternal injury or birth injury occurred due to the negligence of a hospital or health care provider, it is critical to contact a lawyer as soon as possible.

Why Are There Extended Statutes of Limitations in Birth Injury Cases?

In most medical malpractice cases and personal injury claims, the clock starts ticking from the moment an injury occurs. However, some types of birth injuries are not discovered until a child is older, for example, when the child does not hit important developmental milestones. Children affected by a birth injury may suffer from:

•    Speech or language disorders
•    Learning disabilities
•    Behavioral issues
•    Impaired motor skills
•    Seizure disorders
•    Sensory processing disorders
•    Vision and hearing problems
•    Cerebral palsy
•    Microcephaly

In rare cases, some of these issues may not be identified until a child becomes a teenager. That is why many states have extended statutes of limitations for birth injury cases to the age of 20.

Causes of Birth Injury

Birth injuries can be caused by a number of factors, including trauma during childbirth, improper prenatal care, untreated maternal medical conditions during pregnancy, improper Neonatal/Newborn Intensive Care (NICU), and other factors. These cases are extremely complex and require the knowledge and experience of seasoned medical malpractice lawyers who are well-versed in handling birth injury claims.

How a Birth Injury Lawyer Can Help

If your child suffers from serious injuries, conditions, or disabilities, the physical, emotional, and financial costs can be overwhelming. It is also important to keep in mind that a child who has suffered a birth injury may require lifelong care, but if you wait to file a claim when they reach adulthood, it may be too late to recover compensation that could help improve your child’s and your family’s quality of life.

Regardless of your child’s age, if you bring a birth injury lawsuit against a health care provider on their behalf, your attorney will need to thoroughly investigate your claim. This may involve gathering medical records that span many years. Attorneys typically work with a number of medical experts to investigate and prove birth injury claims.

Contacting a medical malpractice attorney at an established personal injury law firm can help you protect your child’s health and financial future.

This blog was originally posted on https://www.pa4law.com/statutes-of-limitations-in-birth-injury-malpractice-cases/

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