First Trimester Genetic Testing Gone Wrong

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Rock Hill SC Birth Injury Lawyer

Pregnancy can include a multitude of experiences. It is remarkable, emotional, delightful and frightening. There is a host of occurrences that can go wrong for both the expectant mother and the child. Because of the possible complications involved in pregnancy, doctors must perform many different tests throughout. Available to the expectant mother is genetic testing which can identify risks of any abnormalities. However, these genetic tests can misidentify a condition or a doctor may make a mistake regarding the results of such a test. These mistakes can lead to the birth of a child who may have mental and physical handicaps. Doctors responsible for genetic testing may be responsible for a lack of informing the prospective parents. Parents can bring suit on behalf of child for their doctor’s misinformation or misidentification. This is called a “wrongful birth” action. However, in some states, a child must bring suit for injuries resulting from the doctor’s misinformation. This is called a “wrongful life” suit. But what is the difference between the two?

What is a Wrongful Birth Lawsuit?

A wrongful birth action is brought by the parent of a child born with an impairment or birth defect. The parents assert that the doctors in charge of genetic testing or informing the parents of the risks of continuing a pregnancy were negligent in performing their duties. In turn, the doctor’s negligence deprived the parents of the right to make a timely decision regarding whether to terminate a pregnancy because of the likelihood their child would be born physically or mentally impaired. The birth defect itself was not the cause of the doctor’s actions, however, the doctor did not fully inform the prospective parents of the risks associated with continuing the pregnancy. See Willis v. Wu

 Wrongful Life Lawsuit: What’s the Difference?

A “wrongful life” action is a bit different from a wrongful birth action. A wrongful life action is brought by or on behalf of the child himself. The child asserts that the doctor’s negligence led to his or her parents’ misinformed decision either to conceive him or to terminate the pregnancy. The child is asserting that without the parents having all of the facts and risks provided to them, they could not have made an educated decision, and he or she should not have been born.

Contact an Attorney at Bice Law LLC

If you or a loved one is a parent of a child with special needs in North Carolina or South Carolina, contact an experienced attorney by calling (855) 5-BICE-LAW or online to schedule a free consultation. An experienced personal injury attorney at Bice Law, LLC knows the relevant laws regarding wrongful birth and wrongful life and will help you to understand the legal process during a difficult time. Our legal professionals are available 24 hours a day, seven days a week to answer any questions you may have regarding your possible lawsuit. We are prepared to help you in any way that we can.

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What Expectant Parents Must Know About Birth Injuries

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Rock Hill SC Birth Injury Lawyer

Three percent of all children born in the United States have birth defects. Those who have suffered minor injuries recover completely after some time but others are incapacitated for life. Birth injuries can result from negligent and avoidable errors on the part of doctors, nurses or hospital staff. Parents can claim compensation when the injury is suspected to have occurred due to medical malpractice.

 What are the common birth injuries?

  • Cerebral Palsy
  • Erb’s Palsy
  • Brachial plexus injury
  • Injury and disfigurement from forceps
  • Vacuum extraction injury
  • Klumpke’s Palsy

 The common causes of birth injuries include:

  • Failure to diagnose and treat seizures following delivery
  • Oxygen deprivation resulting from a lack of intervention when the fetus remains for too long in the birth canal
  • Failure to monitor and attend to changes in the mother’s condition
  • Improper use of forceps or excessive use of vacuum extraction.

 What does the compensation cover?

 A birth injury lawsuit can provide compensation for economic and non-economic damages. The former includes medical bills, long-term and rehabilitation costs, special education costs, loss of future wages and necessary home modifications. The latter includes pain, suffering and emotional distress.

 What is the statute of limitations on birth injury lawsuits in South Carolina?

 The state law implements a three year statute of limitations for birth injury against medical providers. The statute is applicable from the date the injury was discovered or should have been discovered. You cannot bring a claim more than six years following the negligent act even if the injury is discovered after this time.

 If the party at fault is a state hospital, you have one year to file a claim that extends the statute of limitations against the party in question to three years. If you don’t file a claim against the party, the statute of limitations drops to two years. You have two years to file an administrative claim against a federal government institution; the entity must accept or deny your claim within six months and you have six months from the date of denial to file a birth injury lawsuit.

 Who will receive compensation after a successful lawsuit?

 The damages are generally awarded to the child. As a parent, you may be entitled to compensation for the emotional distress caused by the injury. In the unfortunate event that the baby has lost his/her life, you can file a wrongful death lawsuit and receive compensation for pain, suffering and loss of companionship.

 Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.

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Brachial Plexus Birth Palsy

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Rock Hill SC Birth Injury Lawyer

For most parents throughout the Carolina’s the birth of their child the world is one of the best of their lives. When that child suffers a birth injury however, the joy of welcoming the newborn can be mixed with confusion, worry and fear. These feelings may arise when one’s child is diagnosed with brachial plexus birth palsy.

Also known as BPBP, this birth injury affects the use of the baby’s arm and shoulder. While in many instances those babies ultimately recover, in the worst cases a child does not grow out of it and his or her arm is paralyzed.

Children dealing with BPBP may benefit from research that is being done into how figure skaters can improve their jumping. The research involves motion analysis technology specifically focused on trying to capture the way the shoulder blade or scapula, moves. Ultimately, it could make it possible for surgery to be performed on those children to move tendons to make it possible for them to use their shoulders and arms again.

In the meantime, there are of course children living with the birth injury. Those individuals may need medical treatment to help them as they grow older. This treatment can be expensive and frustrating to have to deal with. This is particularly true when the injury is due to negligent actions of a healthcare provider. Most assume that when they seek medical assistance they, and their unborn child, will not be further injured the process. When it does happen, some find that a medical malpractice lawsuit is helpful not only financially, but emotionally as well.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.

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Cerebral Palsy, a Medical Error?

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Charlotte NC Birth Injury Lawyer

The health of an infant is the main concern of most expectant parents. However, a child can sometimes be born with defects due to birth injuries. A birth injury may occur due to medical error, error during delivery or a C-section that was not done quickly enough.

Birth injuries may range from fetal lacerations to infant asphyxiation to cerebral palsy. Cerebral palsy, a common birth injury, continues to be a risk for infants. In fact, a recent study examined nearly 500 newborns that suffered from cerebral palsy and 100 of those infants died during birth. The study also highlighted the risk factors of cerebral palsy to babies. The researchers observed the following factors — birth events due to suffocation, inflammation or signs of infection, birth defects and growth restriction.

The researchers discovered that babies are twice as likely to sustain cerebral palsy due to suffocation or inflammation during childbirth. While they noted that suffocation or inflammation were not originally thought to be contributing factors in the baby’s cerebral palsy, 12.6% of newborns obtained cerebral palsy due to such causes. Additionally, growth restriction boosted the risk of cerebral palsy to newborns.

Cerebral palsy is a disorder that affects the newborn’s brain function and body movement. Unfortunately, babies with cerebral palsy may have a hard time living a normal life because such a disorder may require a great deal of care and supervision. Cerebral palsy can be challenging for the family because it can lead to long-term medical care and other expenses.

However, in instances where the parent observes that the treating physician’s medical error contributed to the infant’s cerebral palsy, the parents may wish to seek compensation by filing a medical malpractice lawsuit. Medical malpractice lawsuits concerning a baby’s birth injury may help the family recover compensation to pay for the baby’s medical needs, rehabilitation and other necessary expenses.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Common Birth Injuries

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Charlotte NC Birth Injury Lawyer

A birth injury or trauma during delivery is an injury that happens to a baby during birth. Delaying the delivery of a baby can cause profound injury to a child due to oxygen deprivation. These injuries include brain damage, cerebral palsy, erbs palsy, and other physical and neurological injuries.

Common birth injuries:

  • Caput Succedaneum: A severe swelling of the soft tissues of the baby’s scalp that develops as the baby travels through the birth canal. Some babies have some bruising of the area. The swelling usually disappears in a few days without problems. Babies delivered by vacuum extraction are more likely to have this condition.
  • Cephalohematoma: An area of bleeding between the bone and its fibrous covering. It often appears several hours after birth as a raised lump on the baby’s head.
  • Bruising/Forceps Marks: Some babies may show signs of bruising on the face or head simply as a result of the trauma of passing though the birth canal and contact with the mother’s pelvic bones and tissues. Forceps used with delivery can leave temporary marks or bruises on the baby’s face and head. Babies delivered by vacuum extraction may have some scalp bruising or a scalp laceration (cut).
  • Subconjunctival Hemorrhage: The breakage of small blood vessels in the eyes of a baby. One or both of the eyes may have a bright red band around the iris. This is very common and does not cause damage to the eyes. The redness is usually absorbed in a week to ten days.
  • Facial Paralysis: During labor or birth, pressure on a baby’s face may cause the facial nerve to be injured. This may also occur with the use of forceps for delivery. The injury is often seen when the baby cries. There is no movement on the side of the face with the injury and the eye cannot be closed. If the nerve was only bruised, the paralysis usually improves in a few weeks. If the nerve was torn, surgery may be needed.
  • Brachial Palsy: The brachial plexus (the group of nerves that supplies the arms and hands) is injured. It is most common when there is difficulty delivering the baby’s shoulder, called shoulder dystocia. The baby loses the ability to flex and rotate the arm. Many cases of brachial palsy resolve spontaneously in 24 hours or less and splints or therapy are not necessary in these cases. If the injury caused bruising and swelling around the nerves, movement should return within a few months. Tearing of the nerve may result in permanent nerve damage.
  • Fractures: The clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there is difficulty delivering the baby’s shoulder or during a breech delivery. The baby with a fractured clavicle rarely moves the arm on the side of the break. However, healing occurs quickly. As new bone forms, a firm lump on the clavicle often develops in the first 10 days. If the fracture is painful, limiting movement of the arm and shoulder with a soft bandage or splint may be helpful.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Prolapsed Umbilical Cord Causes and Effects

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Rock Hill SC Birth Injury Lawyer

Childbirth can be an amazing, exciting, and wondrous process. However, with about 30% of all mothers experiencing some kind of birth complication, it can also be a very scary and stressful time.

While there are numerous types of potential complications and traumas that newborns may face, some are much more serious than others. A prolapsed umbilical cord is among the most dangerous and life-threatening of Michigan birth injuries.

During pregnancy, the umbilical cord represents a child’s lifeline. Through this tiny cord, babies receive oxygen, blood, and nutrients. If the umbilical cord is obstructed at any time during birth, the results can be serious and sometimes fatal. Some of the most common causes of a prolapsed umbilical cord include:

  • Premature rupture of a membrane (when water breaks early)
  • Delivering multiple babies (i.e. twins, triplets, etc.)
  • Breech delivery
  • Unusually long umbilical cord

Because of the vital role that the umbilical cord plays in sustaining life, the outcomes of a prolapsed umbilical cord can be devastating. Some of these outcomes include:

  • Permanent brain damage due to lack of oxygen
  • Cerebral palsy
  • Death

Doctors who diligently follow standards of care should be able to detect and prevent a prolapsed umbilical cord before it becomes a serious issue. Those who fail to do so can be held liable for any harm done to an infant.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Premature Babies and Medical Malpractice

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Charlotte NC Birth Injury Lawyer

Research is now showing us how imperative it is after birth for premature babies to receive the proper supply of oxygen. Without an ample amount of oxygen to the “white matter” in the brain, the development can be damaged significantly.  In some cases the damage to the brain is so critical that the brain cannot catch up.

In certain cases, the reason for this oxygen deprivation resulting in birth injuries is medical malpractice.

In the United States, the number of babies who are born weighing less than 3.3 pounds amounts to over 60,000. In the past, many babies born that small died. Today, however, due to advances in neonatal care,the survival rate is much higher.

But the chance of brain damage in premature babies who survive is significant. Many of them suffer from cerebral palsy or epilepsy. Others struggle with such behavioral disorders as ADHD.

According to research presented at a recent meeting of the Society for Neuroscience, the babies who have the highest risk of this type of brain damage are those who were born prematurely – with as little as six months gestation in the mother’s womb.

The neuroscience research shows that, for premature babies, brain injury is caused most often by lack of oxygen not only at birth, but in the crucial days and weeks immediately after the birth.

Without a an ample amount of oxygen, there is damage to the “white matter” that sends signals from the brain throughout the body.

Doctors and nurses who work in neonatal care therefore need to be very watchful of the performance of a newborn infant’s lungs. Putting a premature infant on a mechanical breathing machine is not necessarily enough, if the procedure is not monitored properly.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Inaccurate Diagnosis Leads to a Permanant Birth Injury

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Charlotte NC Birth Injury Lawyer

A 36 weeks pregnant woman rushed to the hospital with concerns of pain and heavy bleeding, which are signs of a detached placenta. As anyone would, she went to the hospital with the expectation of receiving quality care for herself and unborn child.  Unfortunately, she was told that her baby had died and they denied her any type of surgical delivery.

In a “normal” pregnancy, the placenta works as a channel from the mother’s body to feed and remove waste from the unborn baby. According to the experts at the Mayo Clinic, a detached placenta  will prevent the baby from receiving oxygen that is essential to the well being of the baby.  There is a great risk with a detached placenta and cesarean section is most commonly the safest option for both mother and child.

A Mother’s Nightmare

Immediately after arrival the panicked mother was admitted to the hospital where they attempted to do fetal monitoring. They were using an outdated ultrasound machine that had a service record dating 10 years back. The machine did not give clear information about the baby’s condition.

Due to the outdated machine the obstetrician declared the baby dead, based on the inability to get a clear image of the heartbeat and there was no ultrasound technician on staff that day.  The hospital had to call in an ultrasound technician from home, who then determined that the doctor read the results wrong and the baby was alive.

In the 81 minute time span between her being denied a cesarean section  and the actual emergency surgery the baby suffered significant brain damage. If the doctor had gone on the cautious side, the baby held a greater chance of being delivered in healthy condition.

Heartbreaking Consequences of a Birth Injury

The child is now three years old and a victim of severe spastic quadriplegic cerebral palsy, in need of life-long custodial and medical care. The possibility of a normal life is now gone because the doctors declared her dead and was not removed in time. The family sued the hospital because of the improperly maintained and outdated equipment and the lack of trained personnel on site.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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Birth Injury

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Charlotte NC Birth Injury Lawyer

A midwifes settlement with the family, whose daughter was hospitalized for 21 Children days after her birth in January 2009 and now has cerebral palsy, was finalized last week and is described in court filings, since a judge must approve settlements reached on behalf of a minor.

A midwife, also the founder of a Birth Hello and Wellness Center, voluntarily surrendered her license in 2010 following an investigation by the state Midwifery Council into a series of complaints about the care she had provided her patients. The complaints alleged that she hadn’t managed cases appropriately, failing to consult with obstetricians about high-risk pregnancies.

The midwife made a statement last winter saying that she stood by her judgment, Malpractice describing the standard she provided patients as “comparable to any other midwife in the state.”

Although the mother presented several risk factors during her pregnancy, the midwife did not refer her to an obstetrician, nor Years did she send the mother to Four-Legged the hospital when she was unable to locate the baby’s heartbeat during http://www.chicagobearsjerseyspop.com labor. When their daughter was born and still did not have a heartbeat, the midwife did not promptly call for an ambulance as suggested by the father.

Midwives are not required to carry malpractice insurance to be licensed by the state, although several Car choose to, said the chairwoman of the state Midwifery Council. She said most insurance companies will not cover a midwife, who does not have malpractice insurance, but “that coverage is optional and each midwife makes Турник the choice for 2010年 園開き herself.”

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Posted by Bice Law LLC. March 15, 2012

Source: http://www.concordmonitor.com/article/275131/

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