Florida Accident Attorney Blog

As experienced Miami, Florida birth injury attorneys, we know the range of things that can go wrong in those critical moments when a baby is delivered into the world. Obstetricians, physicians, nurses, and other medical personnel all have an important role to play to ensure that a newborn arrives safely and without injury. Now a study released last year reveals the most common types of medical malpractice errors that occur in obstetrical care in the U.S.

The report, conducted by CRICO Strategies of Cambridge, Mass., found that the most common reasons for childbirth injury related medical malpractice lawsuits are as follows:

(1) Errors in clinical judgment
(2) Miscommunication between doctors
(3) Technical errors

The study looked at some 120,000 clinically coded medical malpractice claims from 2005 through 2009. Errors in clinical judgment were found in more than three-quarters of cases examined (77 percent), followed by miscommunications (36 percent), technical errors (26 percent), inadequate documentation (26 percent), administrative failures (23 percent), and ineffective supervision (15 percent). In addition, the study found that the top three most common OB risks or allegations were delay in treatment of fetal distress, improper performance of vaginal delivery, and improper management of pregnancy.

A shoulder dystocia is one type of child birth delivery complication that if not properly handled, can lead to injury and conditions affecting the child's movement and coordination. Shoulder dystocia occurs during vaginal delivery when the infant's shoulder becomes "stuck" inside the mother, causing difficulties. These types of birth complications are more common in large babies, mothers who have problems with diabetes and/or obesity, and moms who have had difficult vaginal births and/or large babies in the past.

Conditions resulting from shoulder dystocia injury during childbirth may include Erb's Palsy and Brachial Plexus Palsy in the child. The mother may also experience injuries during child birth if a shoulder dystocia is handled improperly and with excessive force by medical practitioners.

The report came to a conclusion that a Miami birth injuries lawyer experienced in these types of cases would agree with: "… OB malpractice issues are rarely the result of a single act or omission by a single clinician."

Related Florida Injury Attorney resources:

Q&A with Florida Erb's Palsy Injury Lawyer Debi Chalik

Birth Trauma and Child Injury : Study on Young Patients' Safety in Hospitals Identifies Risk Factors (Nov. 18, 2011)

Shoulder Dystocia and Brachial Plexus Birth Injuries Can Be Reduced by Following Medical Protocol, Report for Physicians Says (March 12, 2011)

Sources:

CRICO Strategies' Report on Malpractice Errors in Obstetrical Care Provides Roadmap for Enhanced Patient Safety
Marketwire via Yahoo! Finance June 2011

CRICO Strategies Annual Benchmarking Report: Malpractice Risks in Obstetrics

Related Web Resource:

American Congress of Obstetricians and Gynecologists

Continue reading "Top Reasons for Medical Malpractice Lawsuits Against OB-GYN Practitioners" »

Florida medical negligence and medical malpractice attorneys often reference the landmark report To Err Is Human by the Institute of Medicine. That report and others released in the late 1990s brought attention to preventable medical errors that occurred in our nation's hospitals, clinics, and other healthcare facilities.

A few years after To Err Is Human was published, the journal Pediatrics published a study looking at infant and child patient safety in U.S. hospitals. The study, published in 2004, found that...

"…patient safety events for hospitalized children in 2000 occurred in high numbers and that these events have significant associations with increased LOS [length of stay], total charges, and risk of in-hospital mortality even after adjusting for patient severity of illness."

As experienced Fort Lauderdale FL child birth injury lawyers, we are aware of the risks of certain types of childbirth delivery situations. For example, some mothers are at greater risk for difficult delivery (e.g., those who are obese, have diabetes, are carrying large babies, and/or who have had difficult childbirth experiences in the past, including the need for Cesarean section birth). If the pediatrician, nurses, and other medical staff fail to apply the proper delivery techniques and care during childbirth, and/or if "excessive force" is used during delivery -- the baby can be born with serious birth injuries, including Erb's Palsy paralysis.

The Pediatrics study found that very young patients and those whose families rely on Medicaid insurance were vulnerable in regards to patient safety in hospitals. Birth trauma were among the events examined in the study, including vaginal birth with and without the aid of instrumentation (see our resources below for more discussion on birthing techniques and "difficult delivery"). The study also found that birth trauma…

…was less likely to occur at medical teaching institutions, as compared to institutions that did not employ residents (or institutions with less than the median number of residents per bed as compared to the national average), and

… was more likely to occur at medical facilities with lower nursing expertise compared to those with nurses who had greater expertise.

The study concluded that, "Patient safety problems for hospitalized children occur frequently and with substantial impacts to our health care industry." (See link to full study webpage, below.)

Having assisted mothers and families where babies were injured during childbirth in Florida, we are aware of the importance of proper medical techniques and practices to safely bring a child into the world. To learn more about child birth injuries in hospitals and clinics in the state of Florida, please visit our resource pages below.

Q&A with Fort Lauderdale, Florida Childbirth Injury Attorney Debi Chalik
Learn how shoulder dystocia injuries to infants can occur in Florida hospital delivery rooms, and how conditions such as Erb's palsy and brachial plexus palsy may result. Attorney Debi Chalik provides guidance on what to do if you think your baby was injured due to medical error in the state of Florida.

Fort Lauderdale and Miami, Florida Pediatric Injury Lawsuit Resources
Please visit our Birth Injuries webpage to learn about common types of birthing injuries, including those that may lead to Erb's palsy and brachial plexus paralysis problems. We also discuss elements of Florida state law that impact when an injured client may file a medical malpractice lawsuit in Florida.

Sources:

Pediatric Patient Safety in Hospitals: A National Picture in 2000
Pediatrics Vol. 113 No. 6 June 1, 2004, pp. 1741 -1746

To Err Is Human: Building a Safer Health Systems (PDF)
Institute of Medicine, Nov. 1999

The Family Practice News reports on a new study that found when physicians delivering babies follow a specific shoulder dystocia protocol, the incidence of birth injury to the infants can be greatly reduced. A shoulder dystocia injury may occur when the baby's shoulder becomes lodged inside the mother's vaginal canal. If the doctor uses excessive force in attempting to free the baby's shoulder -- the baby may suffer injury to the nerves in the neck and spine.

A report was presented at the annual meeting of the Society for Maternal-Fetal Medicine. It recommended a "simple standardized protocol for managing shoulder dystocia, called Code D," which a recent study found "reduced the incidence of obstetric brachial plexus injury."

A Fort Myers, Florida birth injury lawyer has knowledge regarding what constitutes medical malpractice in cases where a baby is injured during a delivery at a Fla. hospital or clinic. Erb's palsy and Erb's paralysis are conditions related to shoulder dystocia and brachial plexus birth injury, whereby the baby has difficult moving his or her hand and arm properly.

The study found that when the protocol is implemented, "The rate of obstetric brachial plexus injury in cases of shoulder dystocia fell from 40% before implementation of the Code D protocol to 14% afterward." The shoulder dystocia medical protocol recommends a "hands off" pause to assess the situation, announcing the situation to personnel present, and specific birthing maneuvers to reduce the chance of birth injury to the baby. It also recommends training for all delivery room staff, including midwives and nurses. See link below to report.

Source:

Shoulder Dystocia Protocol Reduces Brachial Plexus Injuries
Family Practice News March 11, 2011

Related Web Resource:

Society for Maternal-Fetal Medicine

Related Florida Accident Attorney Article:

Florida Erbs Palsy Birth Injury Lawyer Advice to Pregnant Women:
"Discuss Options with Your Doctor Before Entering the Delivery Room" by Attorney Debi Chalik, Dec. 9, 2010

The Fort Myers News Press reports that a Lee County jury has awarded a Florida couple $19.2 million in a medical negligence lawsuit. The Florida injury lawsuit was brought against Lee Memorial Health System after the family's baby girl, born premature, suffered permanent neurological injuries due to a pharmaceutical error in 2007.

News reports state that the medical negligence trial in Lee Circuit Court, Florida, against Lee Memorial surrounded injuries that an infant girl suffered after receiving an overdose of nutritional supplements. The child was reportedly born premature and the amount of supplements prescribed for her was grossly in excess. The couple's attorney reported that the dosage was for a person weighing 160 pounds, not a premature baby. The child went into cardiac arrest and suffered brain hemorrhage; through she survived, she now has permanent neurological impairments including cerebral palsy.

Fort Myers, Florida child birth injury attorneys may consult to families who believe their infant's injuries were caused by medical malpractice or medical negligence. It's important to consult with an experienced Fla. child injury lawyer as soon as suspicion of medical negligence or malpractice arises, as these cases can be very complicated for lay people to understand.

While Lee Memorial admitted negligence, they denied that the overdose of vitamins and supplements caused the child's condition. In 1963, the Florida Legislature made Lee Memorial Hospital an independent special district, affording it "sovereign immunity protection." This puts a cap on liability at $100,000 per victim or $200,000 per lawsuit. News sources report it is unclear if Lee Memorial will appeal the jury's verdict or how the cap may impact the family's award. A specific bill would have to be passed by the Florida Legislature to exceed the cap.

As this case sadly demonstrates, pharmacy and/or medication errors can leave the patient with permanent disabilities -- the wrong medication or dosage can also be fatal. The child in this case faces a lifetime of challenges, as news reports state she is nearly blind and in a wheelchair as the result of her injuries. The birthing process is supposed to be a joyous occasion, but any medical procedure or stay in the hospital -- including childbirth and its aftermath -- comes with risks. A difficult birthing process, if not handled with proper medical care, may result in Erb's palsy birth injuries and other shoulder dystocia birth injuries.

Source:

Fort Myers couple awarded $19.2 million
Lee Memorial has to pay in infant overdose case, jury decides
News-Press.com Feb. 6, 2011

Related Florida Birth Injury Attorney Articles:

Florida Medical Malpractice Lawsuit Claims Childbirth Injury Caused by Faulty Practice Feb. 1, 2011

Neurological Injuries to Newborns -- Common Causes

A medical malpractice lawsuit filed in a central Florida court claims that an infant's birth injuries were caused by substandard medical practices.

The Florida parents of a baby girl who suffers from cerebral palsy have filed suit against Lakeland Regional Medical Center and Central Florida Health Care. They claim that their baby's birth injuries were caused by medical errors made at Florida health care facilities in 2005.

Florida birth injury lawyers may consult to families whose infants have been injured during delivery due to medical error or medical negligence.

Neurological conditions such as cerebral palsy and Erbs palsy may be caused by injuries that occur to the infant during a difficult vaginal birth. The mother in this case stated that conditions surrounding her pregnancy and the baby's distress warranted an emergency Cesarean section, however her baby was delivered vaginally. The baby girl in this case has brain injury and cerebral palsy. According to news reports, the Florida medical lawsuit states that the health care provider did not respond quickly enough to provide mother and child with a safe C-section delivery and failed to provide sufficient information about the mother's condition to the attending doctor, among other complaints.

A shoulder dystocia is another type of emergency birthing situation where the baby's shoulder becomes "stuck" inside the mother's vaginal canal. If the physician uses excessive force to free the shoulder and extract the child, serious injury to both mother and newborn baby can occur.

LRMC and Health Care Organization at Center of Malpractice Lawsuit
The Ledger Jan. 29, 2011

Related Florida Birth Injury Attorney Article:

Neurological Injuries to Newborns -- Common Causes

United Brachial Plexus Network, Inc. has announced that October 17 - 23, 2010 is Brachial Plexus Injury Awareness Week.

The nonprofit organization offers resources and information for people who are living with brachial plexus injuries and other related erbs palsy injuries, which may have resulted during birth delivery complications. The group also features success stories of people living with brachial plexus and other birth injuries and has set up a Facebook fanpage for families to connect (see links below).

Florida brachial plexus lawyers work with families whose children have suffered these types of injuries. An experienced Fla. birth injuries attorney may help families determine whether medical error or negligence may have led to erb's palsy or other birth injuries.

Erb's palsy, brachial plexus injuries and shoulder dystocia are all related conditions that can occur as a result of a difficult birthing process. These conditions can affect the movement of the shoulder, arm, and hand and can cause varying degrees of paralysis -- which in turn can affect mobility and a person's day-to-day life. People who suffer these types of birth injuries may require surgeries or extended physical therapy to regain function in the affected limbs.

If you suspect a baby's birth injury may have been avoidable, it's best to consult an experienced Florida birth injury attorney, who can help determine whether medical negligence or malpractice may have contributed to the baby's birth injuries.

Brachial Plexus Injury Awareness Week Resources

United Brachial Plexus Network on Facebook

University of Iowa Hawkeyes defensive end Adrian Clayborn has been named the no. 1 player in the The Big Ten Conference pre-season rankings, based on his past performance and his 2010 potential. It's a major accomplishment for any college athlete. What's remarkable is that Clayborn has overcome an Erbs Palsy birth injury to get to where he is today.

According to media reports, Clayborn suffered an Erb's palsy injury at birth that left his right arm weakened. Erb's palsy paralysis and other birth injuries can occur during difficult deliveries. Clayborn's mother told an Iowa newspaper that Adrian was a large baby (over 11 pounds) who became breeched during the birthing process. He suffered nerve damage that caused weakness in his right arm. Clayborn underwent physical therapy for most of his young life to regain strength and mobility in his injured arm -- and today is enjoying the results of that hard work.

As Fort Myers Florida Erbs Palsy injury attorneys, we work with families who have been affected by Erb's Palsy -- also referred to as shoulder dystocia. An Erb's palsy injury can occur when, for example, the baby's shoulder gets stuck behind the mother's pubic bone and the infant's neck bends in the birth canal, damaging a group of nerves surrounding the shoulder called the brachial plexus.

Experienced Florida birth injury lawyers may be consulted by families in cases where an Erb's Palsy injury may have been caused due to medical error or medical negligence.

Iowa's Adrian Clayborn Made Toughest Tackle of His Life off the Field
Bleacher Report July 24, 2010

Big Ten rankings: No. 1, Adrian Clayborn
ESPN.com July 6, 2010

Related Web Resources

Iowa Hawkeyes Player Bio: Adrian Clayborn

Google Health: Brachial Palsy

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