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Study reveals top 3 causes of lawsuits against OBGYNs

Posted on January 24th, 2012 No Comments

A new birth injury study reveals the top 3 reasons people file medical negligence lawsuits against OBGYN doctors.  The study, which was conducted by CRICO Strategies, looked at approximately 800 birth injury cases filed between 2005 and 2009.

According to the study, 77 percent of the cases involved clinical judgement errors made by obstetricians.  The second most common concern in birth injury lawsuits was injury caused by miscommunication between doctors, which was a problem in 36 percent of the cases studied.  Lastly, 26 percent of the cases involved technical mistakes.

Other common causes of birth injuries and lawsuits against obstetricians found in study include failure to properly supervise, documentation failures, and administrative failures.  ”There is a substantial body of data that confirms the [results] of this report,” said the American Congress of Obstetricians and Gynecologists’s deputy executive vice president, Dr. Albert Strunk.

If your child was injured before, during, or shortly after their delivery as a result of doctor or hospital negligence, contact the Philadelphia birth injury lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

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Texas mother files medical malpractice lawsuit

Posted on December 30th, 2011 No Comments

A Texas woman is suing the clinic in which her son was born claiming that he suffered a severe birth injury due to the negligence of the delivery doctor.

The woman’s son developed a severe condition called shoulder dystocia, which occurs when the baby’s shoulders become lodged behind the pubic bone during delivery. The doctor in the delivery room chose to apply pressure on the baby’s head to remove him from the vaginal cavity instead of utilizing a rotating motion to free the shoulders. This condition can cause extreme brain damage and injuries to nerves in several areas.

The lawsuit is claiming that the doctor failed to suggest a Cesarean section after knowing the mother was a  high risk for birth injuries due to being overweight and suffering from diabetes. The woman is seeking past and future damages for physical pain as well as medical expenses.

If your child suffered birth injuries during delivery, please contact the Philadelphia birth injury lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

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Study suggests forceps deliveries have lower risk of seizure

Posted on December 6th, 2011 No Comments

A recent study suggests that forceps deliveries are less dangerous than vacuum and Cesarean section deliveries.  Vacuum deliveries and C-sections are currently more popular methods of assisted delivery in the U.S.

An obstetrician at Johns Hopkins School of Medicine conducted the study which focused on bleeding around the brain and seizures in newborns.

Researchers analyzed records from 400,000 deliveries involving first-time mothers.  Compared to babies delivered by vacuum or C-section deliveries, babies delivered via forceps deliveries were found to be 45 percent less likely to suffer a seizure.

.12 percent of infants delivered using forceps suffered a seizure at birth.  Newborns delivered using vacuum and C-section methods had seizures at a rate of about .3 percent.

If your child suffered birth injuries during their delivery, contact the Philadelphia birth injury lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

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Erie County jury award $21.6 million in botched birth case

Posted on April 25th, 2011 No Comments

A jury awarded an Erie County mother $21.6 million Wednesday for her son’s botched birth.  The award is the largest in the county’s history.

Hamot Medical Center – now UPMC Hamot – was found 100 percent negligent in the case for its failure to monitor fetal heart rate and other vitals.

The victim in the case, four-year-old Ja’Kareon Graham, was born with cerebral palsy because he was deprived of oxygen for several minutes following his birth.  The jury awarded damages for the injuries, medical expenses, and Graham’s future loss of income due to the condition.

The child’s mother, Tina Graham, filed the lawsuit in 2008.  The jury found that the hospital’s nursing staff was unprepared for the delivery, resulting in the botched birth.

Graham’s injuries render him unable to speak or walk, making him permanently dependant on others for case.

The previous record for a medical malpractice case in Erie County came in 2002 when a couple was awarded $4.2 million for the death of their baby during delivery.  That award was later reduced to $1.2 million.

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$5.5M Verdict in NY Birth Injury Lawsuit

Posted on April 18th, 2011 No Comments

A  Supreme Court jury in New York has awarded a couple a $5.5 million verdict in a birth injury lawsuit filed against Lenox Hill Hospital.

According to court documents, a panel of six jurors found in favor of Queens residents Maria and Cesar Bustos. Mrs. Bustos complained of severe discomfort throughout her pregnancy and repeatedly requested a Cesarean section, the lawsuit claims. The complaint alleges her doctor did not note her complaints and never discussed the possibility of a c-section.

During delivery, the doctor testified that he “wandered in and out” of the delivery room. Only a nurse and a first year resident were attending to Bustos during the delivery. Mrs. Bustos sustained a broken and separated pelvis during the delivery. She also suffered bank injuries which required surgeries to install hardware and nuerological devices. She has used a cane since the occurrence.

If you need assistance with a birth injury lawsuit, please contact a Philadelphia birth injury attorney of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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$500K Settlement in Erb’s Palsy Birth Injury Lawsuit

Posted on April 14th, 2011 No Comments

A family in Virginia has been awarded a $500,000 settlement in a birth injury lawsuit.

According to court documents, the plaintiffs claim a birth injury resulted in their newborn son developing Erb’s palsy. The plaintiff alleged the delivering physician used excessive force to dislodge the infant’s shoulder during delivery.

The lawsuit claims the excessive forced used to free the infant resulted in a brachial plexus injury, which tore the child’s brachial nerves. The plaintiffs also claim the injury resulted in Erbs palsy and paralysis of the child’s right shoulder.
Though the defendant denied liability, a $500,000 settlement was reached.

If you need assistance with a similar Erb’s palsy injury lawsuit, please contact a Philadelphia Birth Injury Lawyer of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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$13M Settlement in UK Cerebral Palsy Birth Injury Lawsuit

Posted on April 6th, 2011 No Comments

A the family of a boy in England has been awarded $13 million in a birth injury lawsuit.

According to court documents, Nathan Humphries was left with cerebral palsy and epilepsy after midwives at North Straffordshire Hospital failed to react to his mother Beverly’s high blood pressure during his delivery in 1998. Beverly Humphries suffered an eclamptic fit, leaving Nathan starved for oxygen in the womb.

After a 12-year battle, the University Hospital of North Staffordshire Trust admitted liability. “There were a lot of good midwives, but there was one who we blame and always will,” Beverley Humphries said. “I still feel angry that mistakes that should never have happened led to Nathan suffering a life-long disability. I am relieved that the settlement will mean that Nathan can be cared for in the way he needs, for the rest of his life.”

If your child has developed cerebral palsy due to a birth injury, please contact the Philadelphia Cerebral Palsy Lawyers of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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$8.5M Settlement in NJ Birth Injury Lawsuit

Posted on March 30th, 2011 No Comments

A New Jersey family has been awarded an $8.5 million settlement in a birth injury lawsuit brought against the former owners of Bayonne Medical Center and three medical workers.

According to court documents, the lawsuit was filed 5 year-old Jose Ordonez, who suffered sever brain damage at birth. The lawsuit states that 32 year-old Emily Ordonez went to Bayonne Medical Center on August 14, 2005 with the first pangs of labor. When hospital staff attached a heart monitor to Ordonez’s abdomen, it showed her baby’s heart suddenly plunge from 40 beats per minute to 60 beats per minute, court records show.

Telephone records indicate the labor and delivery room nurse waited almost half an hour before calling the attending obstetrician. When he arrived 22 minutes later, he waited another hour before performing an emergency Cesarean section, a procedure that took four minutes.

According to court documents, the reason for the infant’s low heart rate was that his umbilical chord was compressed and the fetus was starved for oxygen. As a result of the delay, Jose Ordonez was left with permanent brain damage.

As part of the settlement, the hospital’s insurance company will pay $5 million to provide for Jose’s medical care and needs in the future. His parents will receive $2.5 million for emotional pain and suffering.

If you need assistance with a medical malpractice lawsuit, please contact the Philadelphia Birth Injury Attorneys of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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$300,000 Settlement in Guam Memorial Hospital Birth Injury Lawsuit

Posted on March 4th, 2011 No Comments

Guam Memorial Hospital approved a $300,000 settlement in a birth injury lawsuit.

According to court documents, Joshua Topasna was left with permanent brain damage because of alleged medical malpractice during his birth. The boy’s parents, Joseph Topasna and Laura Topasna filed a birth injury lawsuit against the Air Force base-clinic in 2007.

The lawsuit, filed in the Superior Court of Guam, claims that Joshua was left with permanent bain damage and is unable to feed himself or breathe on his own. The lawsuit contends that hospital staff gave Joshua antibiotics “just minutes before his birth and that this caused his disability.” The plaintiffs also allege that GMH  “failed to adequately provide backup generators for the power outage that occurred at the hospital as the result of a typhoon.”

Joshua was born the day Super-typhoon Pongsona struck Guam.

The $300,000 settlement is the most that can be awarded under Guam law.

If your child sustained brain damage at birth, please contact a Philadelphia Birth Injury Lawyer of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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Early Elective Deliveries May Lead to Birth Injuries

Posted on February 18th, 2011 No Comments

A patient-safety group said last week that early elective deliveries can put infants at risk of birth injuries.

According to a report published by the Leapfrog Group, a voluntary program dedicated to educating America’s health industry about health care safety, elective early deliveries carry a number of risks. The watchdog group says some hospitals are delivering more than 40 percent of newborn babies early for no medical reason.

A hospital survey conducted by Leapfrog shows most hospitals are allowing the practice, which results in higher birth injury and infant mortality rates. An early delivery is done by cesarean section, a surgical procedure performed at the mothers abdomen. Medical experts said infants must not be born before 39 weeks, unless their health care provider deemed it medically necessary. Infants need at least 39 weeks because the brain and lungs are not completely developed until the last few weeks of gestation.

To discuss filing a birth injury lawsuit with an experienced attorney, contact a Philadelphia C-section injury lawyer of Lowenthal & Abrams, P.C. at 215-238-1130 today to learn more.

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