Category Archives: Birth Trauma

Texas Mother Files Lawsuit Stating Doctor’s Negligence is to Blame for Son’s Birth Defects

In May, a Southeast Texas woman filed a lawsuit against her pre-natal doctor stating that his negligence caused her son’s severe brain injuries by not delivering him in a timely manner. In the lawsuit, the mother states that she visited the Medical Center of Southeast Texas with complaints of painful contractions. During her stay at the hospital, she stated that her pre-natal doctor did not visit or check up on her; instead, he spoke only with nursing staff and ordered them to release her that same day. After her release from the hospital the contractions returned, and the mother visited the hospital yet again. The woman’s doctor ordered her to take a medication that is used to stop contractions; however, the medication did not work and the woman continued to experience contractions. During this time, her son’s heart rate dropped from 70 to 90 beats per minute. When the physician…
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Mother Claims Doctor’s Inattentiveness Led to Newborn’s Cerebral Palsy

A mother in Florida claims the failure of doctors to promptly treat her during labor led to serious and permanent birth injuries for her child. According to the lawsuit, the mother visited the Indian River Medical Center in Palm Beach complaining of vaginal leakage. Hospital staff diagnosed the woman with premature rupture of membranes and transferred her to St. Mary’s Medical Center. The mother was admitted to St. Mary’s that same day, and was assigned to the attending obstetrician. The obstetrician wrote orders to continue fetal heart monitoring and began administration of antibiotics. On one occasion, a flush of the mother’s IV lines was performed. According to the lawsuit, a substance known as Cathflow was used by a nurse to flush the line. Immediately after the Cathflow was introduced, the woman began to show symptoms of an anaphylactic reaction to the substance. The mother experienced shortness of breath, laryngeal spasms…
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Payout Limit for Birth Injuries Upheld in Florida

A recent report by American Medical News states that the Florida Supreme Court has upheld a state law that limits the amount of compensation available to parents affected by birth injuries. When a child in Florida suffers a brain injury or cerebral palsy due to the negligence of a physician, the law provides for only $100,000 of compensation. Two parents of a child who had suffered neurological injuries during birth brought a recent lawsuit forth, arguing that $100,000 simply was not enough to cover the expenses of treating a birth injury. Unfortunately, the Florida Supreme Court upheld the state limit. This is an example of tort reform at its very worst. However, the law also states that parents or guardians of children who suffered birth injuries are able to pursue financial remedy under the law. In many cases, the costs of medical treatments, therapy, physician visits and home modifications can…
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