Category Archives: Birth Injury
New Study: Cooling Babies May Help Prevent Brain Damage
It’s common knowledge that babies who are deprived of oxygen at birth suffer an increased chance of severe brain damage. This damage can result in a permanent decrease in potential IQ as the child grows older, and, in some cases, it can even result in conditions such as cerebral palsy or death. A recent… Read More »
Are Doctors Making the Best Decisions for Mothers?
Every birth is different, and should be treated accordingly. Some births are completely incident-free and others pose more trouble for the mother and her newborn baby. Physicians generally reserve Cesarean sections for those births where a vaginal birth would put the mother or child in some kind of danger. However, according to a recent… Read More »
Recent Article Hones in on Birth Statistics at Military Hospitals; Results Are Not Good
One of the benefits of joining and serving in the military is the medical care that is provided to service members and their families at little to no cost. However, there may be hidden costs associated with giving birth at a military hospital, according to a recent report by the New York Times. A… Read More »
State Laws Set Strict Time Limits for Filing Birth Injury Claims and Lawsuits
State law establishes deadlines for filing lawsuits, known as statutes of limitations. Some states also require that a plaintiff give notice to a defendant prior to filing suit. Failure to meet these deadlines could result in dismissal of a claim. The deadlines may have some flexibility, such as in situations where a claimant could… Read More »
Court Reviews Standard of Care in Birth Injury Lawsuit Alleging Cerebral Palsy Caused by Nursing Errors
The parents of a child born in severe respiratory distress, who now suffers from cerebral palsy, sued the hospital, claiming vicarious liability for an obstetric nurse’s negligence. They alleged multiple breaches of the nursing standard of care. After a jury ruled against the plaintiffs, the state supreme court considered the sole issue of whether… Read More »
Hospital Performed C-Section Against Patient
A mother is suing the hospital where her third child was born, as well as two doctors and their medical practices, claiming that they performed a cesarean section, or c-section, to deliver her third child against her express wishes. She had given birth to her first two children via c-section, but wanted to deliver… Read More »
Birth Injury Lawsuit Involving Incarcerated Mother Alleges Medical Malpractice Against Federal and County Governments, County Officials
A federal district judge denied most of a motion to dismiss brought by several defendants in a birth injury lawsuit filed by the father of a child born with cerebral palsy and other severe injuries. The lawsuit alleged that physicians and nurses employed by the government were negligent in the treatment of the child’s… Read More »
Success of Birth Injury Lawsuits Against State Agencies Depend on Governmental Immunity Laws
The laws governing birth injury and other medical malpractice lawsuits vary widely from state to state, but every state in the country, as well as the federal government, follows the doctrine of “sovereign immunity.” This rule prohibits lawsuits against the state, unless the state consents to liability on specific issues. For medical malpractice and… Read More »
Plaintiffs in Birth Injury Lawsuit Claim Trial Court Erred by Not Vacating Verdict in Defendants’ Favor
An appellate court in Knoxville, Tennessee considered a family’s claim that the trial court erred by denying their motion for new trial. The family alleged that the trial court failed to perform its duty to act as “the thirteenth juror” when reviewing the evidence. Under Tennessee law, a trial court has a duty to… Read More »
Hospital’s Motion for Summary Judgment in Birth Injury Lawsuit Denied as to Alleged Negligence During Labor and Delivery
A mother filed a lawsuit on behalf of her son against her OB/GYN and the hospital where she gave birth, claiming medical malpractice and lack of informed consent. She claims that injuries sustained during delivery, as well as acts or omissions during prenatal and neonatal care, have caused “severe and permanent neurological and physical… Read More »
