Category Archives: Newsletters

Medical Malpractice Leading to Cerebral Palsy

After deliberating for a day and a half, a jury in Ohio recently found a doctor liable for medical malpractice and awarded a family $13.9 million. The family’s lawsuit centered around the daughter, 10-year-old Haley. Her mother went in for a non-stress test in January of 2000. The doctor on trial told her that she had a low heart rate and suggested that he induce labor in order to increase her heart rate. After inducing labor, the doctor decided not to perform a Cesarean section, a decision that caused Haley not to receive enough oxygen. The lack of oxygen then led to Haley’s brain injury and cerebral palsy. An expert witness for the family also testified that Haley suffered injuries after the medically induced contractions and the use of a vacuum during her delivery. The doctor who delivered Haley testified that she never considered performing a C-section because there was…
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Labor Induction Problems With Pitocin or Oxytocin

It’s not unusual for a doctor to choose to induce labor in a mother using pictocin, a synthetic hormone. There are several often very good reasons to induce labor. But recent research shows that it can also be very dangerous for the baby. In fact, if a medical team is the least bit inattentive while inducing labor, it can lead to serious birth trauma or a reduction of oxygen to the newborn resulting in brain damage and cerebral palsy. Here’s what happens. The medical team administers pictocin (or Oxycotin) to stimulate contractions to encourage the spontaneous onset of labor with the goal of a safe vaginal delivery of the baby. However, too much stimulation can create a hyperstimulation of the mother’s uterus. The uterine muscles contract too frequently or don’t relax between contractions which can result in a decrease of oxygenated blood from the mother’s placenta to the baby. Lack…
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Has Tort Reform in Texas Worked for You?

In 2003, Texas voters approved an amendment to the state’s constitution limiting jury awards. Generically, it’s called “tort reform,” and the gist of the legislation places a $250,000 cap on medical malpractice awards. Advocates of Prop 12 claimed the amendment would cut the number of “frivolous” malpractice lawsuits and attract more doctors to Texas’ rural areas by reducing medical malpractice insurance rates and fostering a more physician-friendly atmosphere in Texas. Five years later, some of those predictions have come true. Insurance rates have indeed dropped by about 25 percent and Texas has many more doctors than it did in 2003. And medical malpractice lawsuits have been cut in half. But the same rural Texas counties that lacked a primary care physician or an ob/gyn in 2003 remain grossly under-served today. And, that 25 percent drop in insurance premiums doesn’t take into account the 150 percent rate increase Texas doctors suffered…
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