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CEREBRAL PALSY:

Cerebral palsy is a condition characterized by an impairment of the body's ability to control movement and posture. It results from faulty development of, or damage to the "motor" areas of the brain, which are responsible for controlling movement. In some cases, cerebral palsy is accompanied by other manifestations of brain injury, such as seizures, intellectual impairment, behavioral problems, hearing deficits, or vision disorders. The brain damage which causes cerebral palsy remains permanent from the time of injury. There is no cure for cerebral palsy, and it is not contagious.

Birth Trauma
Birth trauma refers to injuries babies can have because of doctor's mistakes. Babies can be seriously and permanently injured when problems are not handled properly by doctors. There are different types and causes of birth trauma. A discussion of cerebral palsy and brachial plexus injuries is presented here. The pregnancy, labor and delivery, and newborn course mothers and babies can produce problems which doctors and nurses must recognize and treat. Problems with an unborn baby can result from lack of oxygen or blood flow to their brain. This most frequently occurs during labor and delivery when a fetus or unborn baby is undergoing stress from the mother's contractions. Babies of mothers who are diagnosed with high blood pressure, diabetes or other diseases

are especially at risk for problems to occur. It is essential for doctors to thoroughly evaluate, monitor and diagnose problems during the pregnancy. If not, babies may not receive adequate oxygen over time in the womb.

Low Oxygen Problems
During the birthing process doctors and nurses have the responsibility of making sure the baby does not suffer from lack of oxygen.

Hypoxemia (which means decreased oxygen in the blood) and ischemia (which means decreased flow of blood) can combine to asphyxiate or suffocate the baby in the womb. If a baby becomes asphyxiated, this can lead to the brain becoming damaged. The injurious process is similar to a child who has nearly drowned in water and suffers brain damage. Doctors have developed electronic fetal monitors to provide information about how a baby is tolerating labor.

The monitor information is printed on a continuous strip of paper next to the laboring mom's bed. It tells the labor and delivery team about the unborn baby's heart rate as well as how the heart is responding to the mother's contractions. When interpreted properly, the labor and delivery team can determine when a baby is getting into trouble from lack of oxygen. Doctors call this fetal distress.

The labor and delivery team must recognize changes on the fetal monitor tracing which show the baby is suffering from lack of oxygen and blood flow. They must promptly diagnose fetal distress. Once they do, the delivery of the baby must be promptly carried out by cesarean section. The cesarean section removes the baby from a womb which is no longer healthy for the baby; the baby is essentially suffocating in the womb.

There are situations during pregnancy and the labor which can suddenly effect a baby's oxygen level. Doctors and nurses must promptly recognize and respond to the signs and symptoms of obstetrical emergencies which can cause brain injuries to babies. These include when the placenta tears and separates from the uterine wall (placental abruption), when the umbilical cord gets pinched if it slips out of the birth canal (cord prolapse); when the uterus splits open (uterine rupture), and sudden, prolonged decrease in the baby's heart rate (fetal bradycardia). In each of these emergencies, there is a dramatic decrease in oxygen and profusion of the blood circulating to the baby's brain. The labor and delivery team must rapidly deliver the baby in minutes by cesarean section before irreversible brain damage sets in. Minutes and seconds are critical in these types of obstetrical emergencies. Delay is inexcusable when doctors and nurses discover any of these complications.

If the baby has suffered from lack of oxygen in the womb, the baby will be in a very stressed and depressed condition after birth. The baby may require endotracheal intubation to help him or her breath. They will probably be limp and floppy; they may experience seizure activity, and require a stay in the neonatal intensive care unit. The doctors will observe low Apgar scores and the lab tests will show acidosis, which is a low pH. Often the doctors will use ultrasound to look at the baby's brain, this might be followed up with CT scans or MRIs.

Traumatic Delivery and Vacuum Extractors and Forceps

Obstetricians use mechanical instruments to assist in the delivery of babies. There are two types of instruments used in America to assist with deliveries - forceps and the vacuum extractors. Both of them, when used properly, can help safely deliver babies. Unfortunately, both of these powerful instruments can cause trauma to a baby's head and brain. Doctors must be careful in applying and pulling a baby's head with forceps and vacuum extractors. If they are placed incorrectly, and if the doctor uses too much pressure, pulls too hard or too often can all injure a baby's brain. There are several different areas of the brain that can be injured by forceps or vacuum extractors.

The trauma leads to bleeding within the brain. If the baby's brain has bleeding inside of it, this can lead to the child developing cerebral palsy. If one or both of these instruments are used, the newborn may at first appear to be normal and healthy.

But beginning shortly after delivery the newborn may begin to have trouble breathing, turn blue, demonstrate seizure activity and other abnormal neurological signs. These sick babies often will be transferred to the neonatal or newborn intensive care unit where imaging studies - ultrasound, CT scans, or MRIs - are used to determine the area of the brain which is affected and to what extent.

After discharge from the hospital, the baby may not meet his milestones and demonstrate physical and mental impairment.

Nursing Home Neglect & Abuse

Nursing home patients may find themselves subject to dozens of adverse conditions through no fault of their own - bed injuries, pressure ulcers, falls, fractures, malnutrition and dehydration are some of the more prominent injuries.

Falls and fractures
Physical or chemical restraints
Malnutrition or dehydration
Improper, wrong or over medication
Bed sores
Lack of supervision (allowing residents to wander away from the facility)
Physical abuse or unexplained injury
Weight gain or loss
Theft of money and personal property
Unexpected or wrongful death
Unsanitary conditions
Untrained or insufficient staff
Over-sedation
Abandonment
Substandard medical care
Poor personal hygiene
Defective equipment Sexual assault

Numerous federal and state laws were developed to provide nursing home patients protection from abuse and neglect. Additionally, patients have privacy, security and other rights. Contact Us for More Information

Cancer Misdiagnosis

Wrongful deaths caused by cancer misdiagnosis are on the rise and are hurting patients' chances for a long survival rate. Early detection of cancer is a key factor in successful treatment, higher survival rates and decreased costs of medical bills for cancer patients. For example, a woman who is diagnosed with breast cancer in its early stages will survive at least 5 years longer.

When cancer is diagnosed after the disease has progressed, more drastic forms of treatment such as higher dosages of radiation and chemotherapy are required. Such intense treatments are not only painful and debilitating, but cause added expenses for the patient who is already buried in medical bills.

How is it that physicians can misdiagnosis something as common as cancer? Often, physicians fail to take a patient's complaint seriously, and in turn do not fully examine the patient.

The following are other frequently reported types of negligence by doctors in misdiagnosed cancer cases:

Failing to identify an obvious lump during breast examination
Failing to order x-rays, CT scans or MRI's
Failing to properly evaluate test results
Failing to recognize common symptoms of the applicable form of cancer
Mistaking a tumor for an infection or diagnosing the tumor as benign
Failing to follow up on test results
Failing to order a biopsy
Failing to order future tests
Failing to follow up with the patient

Many cases of cancer are preventable or can be completely treated -- "if" a proper and early diagnosis is made. Delay in treatment will affect survival rates and the quality of life that a patient experiences. There are certain types of cancer that respond especially well to early treatment and diagnosis in most cases.

They include:

Breast
Lung
Prostate
Colon
Ovarian
Cervical
Testicular
Kidney

What should you do if you feel that your physician has misdiagnosed your disease or that there was some other doctor error? First, remember that it is your burden to prove the doctor's negligence. Do not delay - time is of the essence. All states have statute of limitations that limit the time in which you can file these types of claims. A delay may make it impossible to collect the compensation to which you are entitled.

Contact us at paul@jacobsfirm.com or 713-222-7285. We may advise you to request a full copy of your medical records as soon as possible. Our MedLaw Legal Team physician / lawyer team will review your medical records and will promptly let you know if you have a case.