Florida Accident Attorney Blog

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

South Florida's pain management clinics have come under increased scrutiny in connection with the illegal pill trade and trafficking of Oxycontin and other powerful prescription drugs.

The office of State Attorney Michael McAuliffe of Palm Beach County, Florida, is hosting a summit in West Palm Beach to look at the growing problem of pain clinics, drug trafficking, and prescription drug abuse. The Prescription Drug Abuse and Pain Clinic Summit, held in late Feb., will bring together medical officials, law enforcement personnel, and policymakers to examine the problem.

Last year, several pain management clinics in Fort Lauderdale, Palm Beach County and Broward County, Florida, came under investigation for illegally selling prescription drugs. (See Florida Elder Care Alert: Fort Lauderdale, Broward & Palm Beach County Pain Clinics Scrutinized.) SAMHSA (the Substance Abuse and Mental Health Services Administration) reports that drug abuse among senior citizens is on the rise, as the Baby Boom generation ages.

Florida medication error lawyers have knowledge pertaining to product liability, prescription drugs, and medical malpractice as they all impact the care of our senior citizens.

Overdose of powerful prescription pain drugs such as opioids can lead to wrongful death. Experts at the Feb. 2010 Summit, which will be held Clayton Hutcheson Agricultural Center in West Palm Beach, will discuss legislation for greater self-regulation in the Florida medical industry.

West Palm Beach summit takes look at prescription drug abuse, pain clinics
Sun-Sentinel.com Feb. 22, 2010

Drug Use Rising Among Seniors; Baby Boomers Continue Using, SAMHSA Says
Jan. 11, 2010

Related Web Resources

Florida State Attorney Michael F. McAuliffe, Palm Beach County, Florida

American Academy of Pain Medicine

Broward General Medical Center in Fort Lauderdale, Florida, issued a patient update on its website regarding the case of a nurse who reused IV tubes and bags on cardiac stress-test patients -- possibly exposing them to blood borne diseases such as Hepatitis B and C, and human immunodeficiency virus (HIV).

The case came to light last fall when news media reported that a nurse at the South Florida medical center had been reusing lengths of IV tubing and bags on cardiac patients who submitted to intravenous stress tests between Jan. 2004 and Sept. 2009. (See Medical Liability Raised in Broward General Hospital Contaminated Blood Case: Fort Lauderdale, Florida Police Investigating).

Broward General issued a patient notice update on its website Feb. 15, 2010, on how many potentially affected patients had been contacted by certified mail to come in for screenings; how many had confirmed receipt; along with other patient communication data related to this case. According to the medical center website, 1,851 patients may have been exposed to disease by this nurse's actions. Patients are being voluntarily tested for HIV, and Hepatitis B and C. The medical center reports that to date, 929 patient test results had been received from LabCorp.

Though Broward General states that the nurse responsible for reusing IV equipment in pharmalogical stress tests acted independently, many questions about medical liability and negligence surround this troubling case. The medical center website states that after Feb. 15, 2010, updates on patient notice efforts will be posted every other week.

Fort Lauderdale medical negligence attorneys familiar with the Broward General Medical Center case in South Florida work with patients and families whose members may have contracted serious diseases due to practices not in keeping with proper medical protocols and sterile procedures.

Broward General Patient Notice Update: Feb. 15, 2010

Broward General Chemical Stress Test Issue

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

Floridians should check their medicine cabinets, handbags, desk drawers -- anywhere they might keep a bottle of Tylenol, a pack of Rolaids, or any number of other popular over-the-counter (OTC) medications. Manufacturer Johnson & Johnson has issued a large-scale product recall due to a musty smell that has sickened some consumers.

The December Tylenol drug recall was issued after consumers complained of a moldy smell coming from the product, causing nausea and other gastro-intestinal distress. The odor has been linked to a chemical used to treat wooden palettes used in product storage. This month, Johnson & Johnson expanded the recall to include other products including St. Joseph's Aspirin, Benadryl, Motrin and Rolaids. See link below to Product Recall List where consumers can search for their products' lot numbers.

Broward County, Florida defective product lawyers follow cases such as this one closely, when OTC medications or prescription drug recalls make the news due to people becoming sick, experiencing severe side-effects, or in some cases, suffering wrongful death (e.g., manufacturer Merck pulled its arthritis drug Vioxx from the market in 2004 after the drug was connected to heart attacks, a fatal skin disease, and serious intestinal problems).

The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Food and Drug Administration (FDA) monitor product liability issues such as the Tylenol case, to protect consumer health and well being. The FDA posts a public list of medical product recalls on its website (see link below), including recalled drugs and medical equipment.

Tylenol recall expanded to Motrin, Benadryl, more
USAToday.com Jan. 18, 2010

McNeil Product Recall Press Release

Related Web Resources

McNeil Product Recall List

FDA 2010 Safety Alerts for Human Medical Products

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

Broward General Medical Center has issued a patient notice update regarding the investigation of a Broward Medical nurse who reused IV bags and tubes on cardiac stress test patients.

A Nov. 9, 2009 update posted on the Fort Lauderdale, Florida based Broward Medical Center's website (see link below) reports that 1,851 patients were sent certified letters notifying them of possible exposure to diseases due to the nurse's alleged misuse of IV equipment. The hospital asked patients to call a hotline and come in for testing. Of that group 1,172 responded to the letter and 804 have received preliminary test results.

The hospital website states that it plans to send a second round of letters to patients who may have been affected and have not responded to the first mailing. Broward Medical is testing them for 3 bloodborne infections: hepatitis B, hepatitis C and HIV.

Background on the Broward General Medical Center Investigation in Florida
Registered Nurse Qui Lan, 59, is charged with reusing intravenous bags and tubing on patients undergoing chemical cardiac stress tests at Broward Medical Center between January 2004 and September 2009. In October 2009, and the hospital notified 1,851 patients who may have been exposed to blood diseases due as a result of Nurse Lan's actions.

The details of possible Florida medical malpractice and/or criminal negligence in this case remain under investigation. Police were looking into whether criminal charges would be filed against the nurse, who resigned in Sept. after details of the case came to light. The hospital website states that the nurse "acted on her own." The Florida Dept. of Health and CDC were notified.

A Fort Lauderdale, Florida medical error lawyer familiar with the Broward Medical Center nurse investigation may advise families and patients who are concerned about exposure to diseases resulting from improper use and handling of IV tubes and bags.

Broward General Patient Notice Update: Nov. 9, 2009

Nurse accused of reusing equipment; patients warned
CNNHealth.com Oct. 8, 2009

Related Web Resources

Florida Department of Health

Centers for Disease Control and Prevention (CDC): Diseases & Conditions

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

Patients from Fort Lauderdale, Broward County, and other South Florida communities are concerned that they may have received contaminated blood from a local hospital.

Police are investigating the case of a nurse at Broward General Medical Center who may have exposed more than 1,800 patients to blood carrying infectious diseases such as Hepatitis A and B, as well as the Human Immunodeficiency Virus (HIV). According to news reports, a 59-year-old nurse is being investigated after officials at the hospital learned that she had been reusing intravenous medical materials such as saline bags and catheter tubing as patients underwent chemical cardiac stress tests -- materials that are intended for one-time use per standard nursing protocols.

At press time, no charges had been filed against the nurse. A news report from the South Florida Sun Sentinel went on to say that Broward General was in the process of contacting 1,851 patients who may have been exposed to the contaminants since 2004. The patients are being asked to return to the hospital for blood tests. It is unclear if any Florida medical malpractice cases will arise from this investigation, nor if anyone has become sick from the actions of the nurse being investigated.

According to the news item, the CDC reportedly said that because the equipment the nurse allegedly reused did not come in direct contact with patients, the chance of disease transmission was low. The Sun Sentinel went on to report that infection could occur if contaminated blood or fluids from the reused saline bags or tubing pushed through the length of IV tubing and came in direct contact with patients. The nurse under investigation was suspended in Sept., and police now believe she has left the country.

Broward County, Florida medical malpractice lawyers may become involved in cases to advocate for individuals and families who've become sick or suffered injury or death as a result of the negligent practices of a hospital or medical center.

Earlier in the year, hospitals run by the Dept. of Veterans Affairs in Miami, Florida and other cities came under fire when it was discovered that patients received colonoscopies performed with non-sterile equipment. Medical liability was again raised in this case, as the VA patients who received colonoscopies conducted with unsterile equipment may have been exposed to pathogens such as HIV and hepatitis.

Police investigating Broward General nurse at center of infection case
South Florida Sun Sentinel, Oct. 7, 2009

Possible exposure to HIV and hepatitis for veterans who received colonoscopy in Miami VA hospital
Examiner.com March 29, 2009

Related Web Resources

Broward General Medical Center

Florida Agency for Health Care Administration

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

A spokesperson for an Ocala, Florida pharmacy has stepped forward to say that a supplemental medication it prepared for the Venezuelan Lechuza polo team's horses may have been incorrectly mixed. Last weekend, 21 polo horses died while preparing for the championship polo matches in Wellington, Florida, leading some in the equestrian community to speculate whether the horses had been poisoned.

The Associated Press reports that a statement made by Jennifer Beckett of Franck's Pharmacy in Ocala said that "the strength of an ingredient in the medication was incorrect." The pharmacy, which came forward after conducting its own internal investigation, and the Lechuza polo team are cooperating with investigating officials. The Palm Beach County Sheriff's Office, the Florida Department of Agriculture and Consumer Services, and the U.S. Food and Drug Administration (FDA) are investigating.

Questions remain as to the ingredients used in the compound and whether the mixture was approved for use in the United States. The AP reports that the pharmacy mixed the prescription--written by a Florida veterinarian--to create a compound similar to a French-made mineral and vitamins supplement called Biodyl, which is used to treat horses for exhaustion. Many of the horses who died last Sunday expired within hours of being given the compound. The U.S. has not approved the use of Biodyl, and it is unclear whether issues of product liability will be relevant to this case.

It is also unclear whether any medical or pharmaceutical negligence occurred in the preparation of the medication given to the horses, nor whether any medication error lawsuits will be filed. The sudden deaths of these beautiful animals demonstrates what can happen when medication errors occur. Unfortunately, medication errors occur all too frequently. A Florida prescription error attorney represents families who believe they or a loved one may have suffered personal injury or perished due to medication errors.

The U.S. Polo Association website states that the Lechuza Caracas team has withdrawn from the U.S. Open Polo Championships. Equestrian sporting events bring commerce, tourists, and media attention to Wellington and Palm Beach County, Florida.

AP Newsbreak: Pharmacy made mistake in horse drug
Yahoo! News, Associated Press April 23, 2009

Ocala pharmacy says it incorrectly prepared medication for 21 polo horses that died
SunSentinel.com April 23, 2009

Related Web Resources

United States Polo Association

Palm Beach County Sheriff's Office

Florida Department of Agriculture and Consumer Services

U.S. Food and Drug Administration (FDA)

The South Florida Sun-Sentinel reports that pain management clinics in Fort Lauderdale and Broward and Palm Beach Counties are under scrutiny for potential illegal activity surrounding distribution of prescription pain medications.

The report states that 130 pain clinics are in operation in South Florida -- 70 of which have opened in Broward County and Palm Beach County since January 2008. Of those 70, the report found that 48 clinics are owned by investors and not physicians. Police are stepping up efforts to examine activities at some clinics, which are under suspicion for taking part in the illegal sale of OxyContin and other painkillers as street drugs.

Doctors are pushing for a bill that would enable the state of Florida with more power to regulate investor-operated pain management clinics. The Sun-Sentinel reports that some pain clinics are offering gift cards and cash rewards for patients who refer other patients to the clinics.

A Florida personal injury attorney assists families in cases where an overprescription of drugs leads to physical injury, brain damage or wrongful death. In this case, the Sun-Sentinel learned that of the physicians staffing these pain management clinics under scrutiny, 14 had been disciplined for overprescribing drugs. The report also stated that more than 4,000 Floridians died from prescription drug overdoses in 2008 -- up 20 percent from 2007. Of the top 50 U.S. clinics known for dispensing OxyContin, are all in Florida -- with Broward County hosting 33 of them.

Nursing Home Medication Errors
Seniors who are trying to manage chronic pain due to arthritis and a host of other conditions are vulnerable to being given the wrong medication or too much medication, causing an estimated 800,000 "adverse drug reactions" every year. (Gurwitz, et al., Incidence and preventability of adverse drug events in nursing homes, The American Journal of Medicine, Aug. 1, 2000.) Nursing home medication errors is a concern for families who've placed their parents or grandparents in a long-term care facility and depend on nursing home staff to dispense medications and keep their loved ones safe.

South Florida pain centers that promote pill trade face scrutiny
SunSentinel.com April 7, 2009

Related Web Resource

AARP:Your Guide to Choosing a Long-Acting Opioid Analgesic for Chronic Pain