Medical Malpractice Attorneys
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  1. Brain Injury and Medical Malpractice

    Posted by Dr. Jack Sacks on May 24, 2018.

    The prevalence of brain injury in the United States is alarming as it is the second leading cause of disability in the country. Often referred to as the silent epidemic, approximately 3.17- 5.3 million Americans suffer from traumatic brain injuries, another 4.7 million have brain injuries from strokes, and another 500,000 have cerebral palsy (brain injury due to an event of oxygen deprivation). Causes of brain injury that may give rise to a medical malpractice lawsuit are further described below:

    iStock_000013877415XSmall-1-thumb-285x177-14594Brain Injury from Birth: a medical malpractice lawsuit may arise may when a child’s brain is negligently deprived of oxygen during pregnancy, labor and delivery. This may result in the child later developing cerebral palsy, mental retardation, seizures, blindness, deafness, and learning disabilities. Oxygen deprivation that injures a baby’s brain may arise from any of the following events:

    *Compression of the umbilical cord during delivery
    *Maternal Infection present during the pregnancy or delivery
    *Placental abruption or uterine rupture prior to birth
    *Maternal high blood pressure during the pregnancy (preclampsia)
    *Breeched vaginal position of the baby (feet first rather than head first)
    *Improper administration or doasage of epidural or labor inducing drugs during the delivery
    *Failure to timely perform an emergency c-section
    *Fetal macrosomia (oversized baby) unable to navigate the birth canal 

    Brain Injury in Adults and Children: a medical malpractice lawsuit may arise as a result of errors in diagnosis and treatment of a serious medical condition. A few of the causes of brain injury in children and adults that may involve medical malpractice include:

    *Medication errors
    *Anesthesia errors
    *Surgical errors
    *Radiology errors 
    *Emergency room errors
    *Delay in diagnosis/treatment of heart attack or cardiac arrest
    *Delay in diagnosis/treatment of a stroke, aneurysm, or blood clot
    *Delay in diagnosis/treatment of meningitis or encephalitis
    *Delay in diagnosis/treatment of a spreading infection or abscess
    *Delay in diagnosis/treatment of internal bleeding
    *Delay in diagnosis/treatment of hydrocephalus 
    *Delay in diagnosis/treatment of diabetes/diabetic coma/insulin shock

    In addition to the above mentioned causes of brain injury, many other errors involving patient treatment and care may give rise to a lawsuit.  One of the most common causes occurs when a hospital patient or nursing home patient falls (due to inadequate protective measures) and the patient suffers a traumatic brain injury.  In fact, falls are the leading cause of traumatic brain injury in our country surpassing even motor vehicle accidents. For a detailed guide to the incidence, prevalence, and epidemiology of brain injury, seeEssential Brain Injury Guide prepared under the auspices of the Brain Injury Association of America.     


  2. Heart Defects In Newborns

    Posted by Dr. Jack Sacks on May 22, 2018

    Heart defects in newborns affect approximately 8 out of every 1000 births.  Causes can include genetic factors, such as those found in Down’s syndrome, or factors due to the developing baby’s environment. Certain medications, such as Paxil (Paroxetine), Zoloft (Sertraline), Wellbutrin (Bupropion), or Prozac (Fluoxetine) may be associated with cardiac birth defects in the babies of mothers who took these medications when pregnant. While some heart defects may only slightly affect a child’s quality of life, others can be very serious and may require surgical correction. Although causes of many heart defects are not known, improvements in prenatal diagnosis has led to better management and outcomes for those babies affected by these conditions.

    The most common way to diagnose a cardiac defect prenatally is by sonogram. Many obstetricians order a screening sonogram for their patients during the 16th to 20th week of pregnancy. Part of the standard practice for the sonographer is to identify the four chambers of the baby’s developing heart.

    If the four chambers are not seen, or appear abnormal, a more specialized test, called a fetal echocardiogram may be ordered. This test involves a more detailed sonogram examination of the developing baby’s heart. Abnormalities can be further evaluated by this test method.

    There are many different cardiac anomalies that affect newborns. Only three (3) will be discussed here:

    Ventricular Septal Defect (VSD)- refers to a hole between the ventricles, the two lower chambersof the heart. The mixing of the oxygenated and deoxygenated blood through the defect can cause symptoms. Sometimes, a small VSD may close up on its own; sometimes surgery is required.

    Atrial Septal Defect (ASD)- involves a hole in the wall separating the atria, the upper chambers of the heart.

    Pulmonary Stenosis-occurs when the pulmonary artery that leads from the right ventricle to the lungs is narrowed. This can obstruct this crucial bloodflow out of the heart and can cause the right ventricle to become over developed and enlarged in trying to overcome the obstructive narrowing.

    If proper prenatal testing was not done, or if testing was not read or interpreted properly, medical malpractice may have occurred.  Allegations of medical malpractice may include a negligent delay in diagnosis and/or inadequate surgical treatment and care of the newborn’s heart defect.   Lawsuits may also result if a baby was injured by medications used by the mother. Cardiac defects can cause serious health problems in the child and may also involve major surgery for correction. In addition, complications can occur due to the defect, especially if undiagnosed. It is very important that women at risk for having a baby with a heart defect have appropriate screening tests done. Risk factors for congenital heart defects may include prenatal exposure to the medications listed above. Also, factors such as a sibling or family history of congenital heart defects may warrant increased surveillance and testing during the pregnancy.