Florida Accident Attorney Blog

The Florida Board of Medicine has revoked the license to practice from a Sarasota, Florida doctor after he aborted the wrong fetus in a woman pregnant with twins in Jan. 2006.

The associated press reported that a patient who was 16 weeks pregnant with twins asked the doctor to abort a male fetus that tests showed had congenital defects. The doctor was reportedly quoted as saying though he hadn't done this type of procedure before, he believed he could do so safely. He told the press that he had informed the patient of his inexperience yet she still wanted to proceed with the selective termination -- which makes use of a chemical injection to terminate one fetus in a pregnancy with multiple babies. Instead, a female fetus that did not have birth defects was aborted.

The patient later returned to the same doctor to abort the male fetus. The doctor reportedly told the press that the patient received a liability settlement of $250,000 to compensate for his medical error.

A South Florida birth injury attorney with knowledge regarding medical malpractice and medical negligence may be consulted by families who believe their babies suffered harm or died during or after the birthing process, due to medical error.

The St. Petersburg Times reported that last year, seven Florida doctors had their licenses revoked as a displinary action by the Florida Medical Board. The doctor in this case told the press he regrets the error and plans to appeal his license revocation.

Doctor Terminates Wrong Fetus, Loses License
CBSNews.com April 13, 2010

Sarasota doctor loses medical license for aborting wrong fetus
St. Petersburg Times April 13, 2010

Related Web Resources

Florida Board of Medicine

CBS News: The Abortion Debate

An OB-GYN doctor in California has been reprimanded by that state's medical board for birth injuries caused during the difficult delivery of a large baby.

According to the Santa Cruz Sentinel, the doctor was accused of negligence and incompetence following the Sept. 2002 delivery of a baby weighing more than 9 pounds to a 26-year-old mother. The birth took place at Watsonville Community Hospital in California.

The report stated that the doctor was reprimanded for actions leading up to a birth injury, including failing to follow-up on earlier tests that showed the mother to have gestational diabetes -- a condition that can complicate the birthing process. Overweight mothers carrying large infants are at greater risk for birth injuries that occur during difficult vaginal births.

The Sentinel reported that the doctor used excessive suction pulls to deliver the baby, whose shoulder got stuck behind the mother's pubic bone (a birthing difficulty sometimes referred to as Shoulder Dystocia). The infant was later diagnosed with Erbs Palsy -- a condition resulting from nerve damage that causes paralysis of the muscles in the shoulder, arm and hand.

Fort Lauderdale, Florida birth injury lawyers follow Erb's Palsy, shoulder dystocia and brachial plexus injury cases such as this one that occur in Florida hospitals and medical centers. Following the reprimand (the mildest form of discipline given to a physician), the doctor in the California case was ordered to attend training sessions and pass an exam.

Obstetrician accused of negligence is reprimanded
Santa Cruz Sentinel, Feb. 3, 2010

Related Web Resources

March of Dimes: Shoulder Dystocia page

Florida Board of Medicine: Consumer Information

A research paper to be published in 2010 by the American Journal of Obstetrics & Gynecology finds that "cesarean delivery was associated with decreased odds of all birth trauma...due to decreased odds of clavicle fractures..., brachial plexus..., and scalp injuries..." as compared to infants who were delivered through the vaginal canal. The paper (in press) was originally presented in at the District IV Meeting of the American College of Obstetricians and Gynecologists in Orlando, Florida, in Sept. 2008.

Brachial plexus injury and Erbs Palsy are paralyzing conditions that can arise when medical mistakes are made during child birth.

Along with shoulder dystocia, these types of birth injuries can occur during a difficult delivery process, for example when the infant's shoulder gets "stuck" -- resulting in nerve damage that can affect mobility and usage of the shoulders, arms, and hands.

Florida Erbs Palsy lawyers are versed in the medical liability, malpractice, and negligence issues surrounding these types of debilitating birthing injuries. Responsible doctors are aware of a patient's medical history and communicate with the mother about her birthing options, particularly when vaginal birth may cause difficulties (e.g., in overweight women or those who have experienced difficult vaginal births in the past).

The miracle of childbirth always comes with risks. The new journal article concludes that, "Infants delivered by cesarean are at risk for different types of birth trauma from infants delivered vaginally." A brachial plexus injury attorney who has worked with Florida families and injured children knows that mothers should be informed by their doctors and obstetricians of their risks and options prior to actually delivering their babies.

Route of delivery and neonatal birth trauma (Abstract -- Article In Press)
American Journal of Obstetrics & Gynecology Jan. 15, 2010

Citation: Moczygemba CK, Paramsothy P, Meikle S, et al. Route of delivery and neonatal birth trauma. Am J Obstet Gynecol 2010;202:x.ex-x.ex.

Related Web Resources

CDC: Reproductive Health

United Brachial Plexus Network

Florida is among several southeastern states with the nation's highest premature birth rates, according to the March of Dimes second annual premature births "report card." In fact when it comes to preventing premature births, Florida gets an "F". Hispanic women are among the categories of mothers experiencing increased rates of premature births in Florida.

The chairman of the March of Dimes Florida Chapter was quoted by a news source as saying, "... our prematurity problem is getting worse. We urgently need to take action prevent more deaths and disabilities." The Centers for Disease Control and Prevention (CDC) released data showing that U.S. premature birth rates rose by 20 percent between 1990 and 2006. (Source: National Center for Health Statistics, see link below.)

The problem cuts across ages and races. The CDC reports that while pre-term birth rates declined for black mothers in the 1990s, they rose again in the 2000s, and "...increases in late preterm births are seen for mothers of all ages, and for non-Hispanic white and Hispanic mothers."

Spanish-speaking Florida lawyers provide assistance to Latino and Hispanic women who have experienced birth injuries as a result of medical negligence or medical malpractice. Birthing injuries such as those resulting in a potentially debilitating condition called Erb's Palsy or Erbs paralysis can occur when doctors make errors during the baby's delivery or fail to communicate a mother's options for delivery.

Communication between doctor and mother is critical, especially for patients who have medical conditions (e.g., obesity and diabetes) that can complicate the birth process. Florida birth injury lawyers see the consequences of what can happen when mothers do not get the standard of medical care required to safely bring their babies into the world.

Why the U.S. Gets a D on Preterm Birth Rates
Time.com Nov. 17, 2009

Premature Birth Report Card; Florida Gets 'F'
FirstCoastNews.com Nov. 17, 2009

Born a bit too early: Recent trends in late preterm births.
NCHS data brief, no 24
Hyattsville, MD: National Center for Health Statistics. November 2009

The United Brachial Plexus Network, Inc., held an Awareness Week Oct. 18 to 24 to educate parents, families, and individuals about the risks of birth injuries such as Erbs Palsy, which can require surgery or physical therapy and have temporary or lifelong effects.

The group's website informs parents-to-be about birth injuries that can occur related to the position of the mother, possible complications, and delivery techniques used by the obstetrician. The group cautions mothers from giving birth on their backs and from consenting to allow physicians to use "tools" such as forceps and suction devices, which can sometimes cause injury to the newborn.

A Florida Erbs Palsy attorney may be consulted by families in cases where they believe their baby son or daughter may have suffered birth injury due to actions by the physician. Families are best advised to consult an attorney who is experienced with birth injuries to determine if medical negligence or malpractice may have occurred.

Brachial plexus injury refers to damage such as stretching and tearing of the group of nerves that control the muscles of the shoulders, arms, hands, and fingers. One of the most common factors leading up to an erb's palsy injury is a delivery complication known as "stuck shoulder." Improper obstetric technique can worsen the situation. The United Brachial Plexus Network offers information to help parents prepare for things that can happen during child birth, so they can make better decisions with their obstetricians.

United Brachial Plexus Network, Inc.

Related Web Resources

Mayo Clinic: Erb's Palsy Treatment in Children

National Institute of Neurological Disorders and Stroke:
NINDS Brachial Plexus Injuries Information Page

Professionals estimate that 1 out of every 1,000 babies born in the U.S. suffers from a common type of birth injury known as Erb's Palsy or Erbs Paralysis.

Erbs palsy or brachial plexus injuries occur during difficult labor, when the baby suffers nerve damage that can impede mobility of the shoulder, arm, wrist, and hand. A stretch injury is the mildest form, and the damage may resolve on its own with 90% to 100% functionality restored. A shoulder dystocia injury can occur when the baby's shoulder gets stuck inside the mother during a vaginal birthing process. Babies over 8.8 pounds are more inclined to experience these injuries, which also occur more frequently in mothers who suffer from diabetes and/or obesity.

Other types of brachial plexus injuries involving more severe damage to the nerves and spinal cord may require multiple surgeries and years of physical therapy to restore any functionality to the affected limb. Florida medical malpractice attorneys work with families who believe their infants may have suffered Erbs palsy or brachial plexus injuries due to medical negligence.

The Brachial Plexus Palsy Foundation works to educate parents in hopes of preventing these types of birth injuries.

The foundation urges all new mothers to take a proactive approach in their pregnancies, to learn all they can about their bodies and their options, and to work closely with their OB-GYN doctors so they can make informed decisions when the day of the birthing arrives. Sometimes a doctor will ask the patient for her informed consent to perform a C-section if vaginal birth appears to be hazardous for mother and baby.

National Institute of Neurological Disorders and Stroke:
Brachial Plexus Injuries Information Page

Brachial Plexus Palsy Foundation