Serving Clients Throughout Upstate New York with Multiple Convenient Locations Syracuse | Oneida | Watertown | New Hartford | Binghamton | Cortland | Rochester | Oswego | Albany | Buffalo

Articles Posted in Birth Injuries

The birth of a child can be described as a medical marvel. Being born alive after being nurtured in a mother’s womb just doesn’t happen without some monitoring and careful handling; especially considering all the things that can go wrong during a birth.

Because of these possibilities, many hospitals have established protocols that doctors, nurses and hospital staff must follow so that abnormalities do not turn into tragedies. Also, from a legal standpoint, there is a duty to use reasonable care when overseeing a pregnancy, as well as a birth. Essentially, physicians and medical staff must use such care in administering tests, monitoring the baby for signs of distress, and acting properly when trouble comes about. 

Of course, there may be limited times where it is okay to deviate from established protocol. Life doesn’t always allow for rules to be followed when split second decisions must be made. Nevertheless, failing to follow protocol out of negligence (or ignorance) is not acceptable. In these sensitive situations, failing to use reasonable care can create complications that can result in lifelong consequences.

Parents in Syracuse start protecting their children from the moment they learn of a pregnancy. Many books are published on the subject of “keeping your child safe,” but these books cannot answer every question parents have or help them handle labor on their own. They simply have to rely on medical professionals.

Physicians study for years before they can properly instruct patients, diagnose potential issues and deliver a child. Even after all of this training, some will make mistakes that lead to birth injuries. Some injuries are obvious. Some of them are also easy to overlook, but they could still cause serious developmental disabilities and complications in the future.

How is a new parent, without years of training, supposed to know if a birth injury occurred? Birth Injury Guide is an organization that helps parents answer questions about birth injuries, and this group has enumerated a few things to watch out for in the first 12 months that could be an indication of a birth injury.

Caring for fetuses and newborns is very important for obstetricians and neonatal nurses. Part of this care includes monitoring the birthing process to ensure that major issues are not missed. One of the hidden dangers of childbirth is internal bleeding within the child’s brain. This is a serious condition that can result in substantial neurological impairment and even death.

This is why when babies are born, their blood is tested to measure platelet levels to ensure that internal bleeding has not occurred, and so that the child has the ability to stop bleeding. Newborns with low platelet counts are given transfusions to improve those levels. 

It was conventionally believed that only low platelet levels were responsible for brain bleeds, but new research shows that attacks on a newborn’s immune system could lead to such issues. Research highlighted in a medicalnewstoday.com report  suggested that the difference in antigens between the birth mother and the child could lead the mother’s immune system to attack the fetus’ system. In these instances, close monitoring during and after the birth is necessary.

As a parent, few things in life are as traumatic as learning that your new baby may be subject to severe or permanent damage due to a birth injury. Conditions such as cerebral palsy and Erb’s palsy can have life altering consequences and it is natural to want to hold the hospital and physicians liable for your new baby’s life sentence.

However, in holding people responsible, there must be a determination as to whether the condition is due to malpractice (which would lead to a birth injury) or a genetic or physical malady, which would suggest a birth defect. 

Such a key question requires the investigation and opinion of a qualified medical expert. Essentially, the physician must be able to testify to how the condition may have been caused and must clearly show how the lack of reasonable care employed by the physicians who may be responsible for harming the child.

It is difficult enough to bring a baby who is full term into the world. For babies who are premature, caring for them is no less important, but can be difficult as well. However, modern medicine is enabling more pre-term babies to survive. However, pre-term births are still extremely dangerous. According to medicalnewstoday.com, about one in four extremely premature births results in the death of a newborn.

The problem is particularly visible with infants born between 22 and 28 weeks. Babies this young are at risk of death even with hospital supervision. However, with every additional week that a baby can grow inside its mother’s womb, the mortality risks decrease upon birth. 

Nevertheless, researchers found that several things can help in avoiding deaths after a premature birth. First, having more prenatal care could help in identifying ailments that could threaten the baby. Second, decreasing the use of prenatal antibiotics, and third the increased use of C-sections have all helped in reduce the number of premature babies falling victim to diseases that lead to death.

In medical malpractice cases, expert testimony is critically important. After all, an expert must testify as to the standard of care expected out of a medical professional and what a reasonable physician, nurse or attendant should have (or would have) done in a given situation. As such, a surgeon would likely serve as an expert witness in a matter involving a surgical mistake. A sports medicine physician would likely testify in a matter involving an athlete’s malpractice claim.

When it comes to malpractice cases involving birth injuries, would it be appropriate to have a midwife testify about the expectations of nurses in a delivery room? The Georgia Court of Appeals recently dealt with this question, and found that it would be proper for a licensed midwife to testify about the conduct and expectations of attending nurses.

At issue was whether the nurses were negligent when misinterpreting a fetus’ vitals before birth. The baby experienced a period of prolonged oxygen deprivation during labor, causing it to be born with severe brain damage.

When your new baby comes into the world, the urge to quickly hold him (or her) and establish a connection is natural. However, you may have to wait a few minutes while doctors give your newborn a quick bath, take their vitals, and establish an APGAR score. If you are unfamiliar with such a score and what it means regarding the health of your new baby, this post will provide some helpful background.

Essentially, an APGAR score is an assessment to measure a baby’s overall health directly after birth. It measures five indicators, including:

Appearance/skin color – Does the baby’s skin look, feel healthy

When children need surgery, this can be a terrifying experience for a parent, especially when decisions must be made as to where the surgical procedure will take place, and who will be performing the procedure. When it comes to pediatric surgical needs, there may be little information that parents can rely on when it comes to choosing the best venue and doctor for their needs. Moreover, many facilities focus on general surgical needs, (i.e. adults with a number of maladies) and therefore do not have the proper instruments, facilities and staff to handle pediatric surgeries. Children, unlike adults, need special attention when it comes to anesthesia, x-rays and post-op care, and they tend not to receive this in hospitals geared toward treating adults. 

Because of this, a number of hospitals are implementing programs to accommodate such procedures, and to give parents as much information and reassurance they need to choose the hospital to handle pediatric procedures. Additionally, studies show that fewer complications arise when children undergo surgeries in hospitals and clinics that are equipped for young children.

The levels will correspond as follows:

If your doctor is not yet using electronic medical records, it is only a matter of time before he or she does. Though it is not mandatory for hospitals and doctors’ offices to use electronic records, the federal government is strongly encouraging them to do so through both financial incentives and penalties. If medical providers adopt electronic records, they will be paid an incentive over five years. If they haven’t adopted them by 2015, however, they will start to face financial penalties.

While there are certainly benefits to using electronic records, they can and have caused serious medical errors in the past. One major cause of concern is when a hospital or doctor’s office uses a hybrid paper and electronic record system. The possibility of mistake is very real and can have severe, if not fatal consequences.

Imagine going to the doctor and undergoing the normal pregnancy-related tests. After a series of diagnostic tests, your doctor records that your child is showing signs of a condition that will require a specialized delivery technique or specific medications. Yet he or she wrote this note in your paper records, not your electronic record. By the time it is time to deliver, however, if the doctor only has your electronic record, if it has not been properly updated, you or your child could be in trouble.

Contact Information