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Common Birth Injuries That Result From Improper Use Of Birth-Assistance Tools
As an expectant mother, you put your trust in the hands of your obstetrician or the doctor who is on call when you go into labor-trusting that the doctor will guide your baby out of the birth canal safely. However, some labors are more difficult than others, such as when the baby's head gets stuck in the birth canal and no amount of pushing is helping. As a result, a doctor will use birth-assistance tools to help ease the baby out of the birth canal.
Tools such as forceps (surgical tongs) and a vacuum extractor (a soft cup placed on the baby's head with suction) are still used in difficult vaginal deliveries where the baby is in an abnormal position or the baby's size is too big in relation to the mother's pelvic bones. When birthing tools are used in these types of situations, it is possible that injuries to the baby can occur if the doctor uses too much force or doesn't use the tools correctly.
Types of Injuries that Result From Birthing Instruments
Is A Misdiagnosis Or The Failure To Make A Diagnosis Always Medical Malpractice?
A misdiagnosis or the failure to make a diagnosis is not always considered medical malpractice. Not all diseases have a definitive test that will absolutely diagnose or rule out a disease. Some diseases are so rare that more common diseases are considered first. Some diseases mimic other diseases. In those types of cases, the determination of negligence will be based on whether the doctor's thought process was reasonable or unreasonable. The doctor can be wrong, but not negligent, if his thought was reasonable under the circumstances. A misdiagnosis or the failure to make a diagnosis is malpractice when your doctor fails to obtain a proper medical history, fails to order appropriate tests for your medical condition, misinterprets the results of tests he did order, or fails to act upon test results he received. Some of these tests can include blood draws, imaging procedures such as CT scan (Computed Axial Tomography Scan), MRI (Magnetic Resonance Imaging), ECG/EKG (electrocardiogram), ultrasound and many other diagnostic procedures. It is also a malpractice if your doctor fails to recognize the symptoms of your disease and make a proper diagnosis. Call our office if you were misdiagnosed or there was a delay in a diagnosis. We can help you determine if you have a medical malpractice case.
Will My Health Care Providers Tell Me If A Mistake Has Been Made?
In our experience, health care providers rarely disclose that a medical mistake or negligence occurred. This is true even for health care providers who become involved in patient care after the mistake or negligence has already occurred. As a result, medical records often need to be obtained in order to determine what happened. In 2005, Virginia passed a law that encouraged expressions of sympathy and fault on the part of health care providers by making such expressions inadmissible at trial. Despite this law, our experience still remains that health care providers rarely disclose medical mistakes. The District of Columbia does not have a law similar to Virginia's.
When Does a Health Care Provider's failure To Treat An Infection Become Medical Malpractice?
Medical malpractice is when a medical provider has not acted in accordance with recognized standards of care. Typically, when a patient is diagnosed with infection, a course of treatment with antibiotics is required. If your infection was diagnosed as some other type of illness, if you were given an antibiotic that was not proper for your type of infection, or if your health care provider was slow in diagnosing your infection, then you may have a case of medical malpractice. We specialize in representing clients who have suffered from not being properly treated for an infection, when that infection has grown into complex medical problems. Contact Shevlin Smith Law office today at 703-591-0067 for your free consultation.
Types Of Medical Negligence That Cause Toxicity And Lead To Brain Damage
Drug toxicity is a problem that often goes unnoticed by patients and doctors. Typically, someone will start having strange side effects or experience an overall health deterioration, but medical professionals may fail to recognize the symptoms, order lab tests, or perform physical exams to determine the cause of the patient's adverse health condition. This is because the medication a person is taking isn't always considered when evaluating what seems to be symptoms of a new medical condition; however, the fact of the matter is that toxicity can be the cause.
Understanding Drug Toxicity
Toxicity generally means that a person has too much of a drug in his or her bloodstream. When too much of a medication is accumulated, it can be poisonous and cause adverse health effects, such as brain damage. In the context of medical malpractice, there are several different types of errors that can lead to drug toxicity and brain damage, including:
- Doctor errors. Every day doctors prescribe medications for many different patients. If a doctor prescribes the wrong medication or leaves a patient on a specific medication for too long, it is possible that a patient will have too much of that medication in his or her bloodstream, creating a toxic effect. Sometimes, a doctor may have prescribed the right drug but doesn't provide a physical examination over time to determine if a patient's weight has changed or if the person's body is still able to metabolize the drug in the same way. For example, if a person loses weight but is still taking the same dose of medication, it is possible that the medication could build up to toxic levels. When ignored for too long, drug toxicity can kill off brain cells and lead to brain damage.
How Does A Catastrophic Injury Case Differ From The Other Types Of Cases That Shevlin Smith Handles?
The term "catastrophic" injury is used in the legal community as a means of differentiating between injuries that are severe and generally permanent in nature from injuries that are less severe and generally temporary in nature. A catastrophic injury can occur as a result of medical malpractice, a car accident, a truck accident, or some other type of event. The term "catastrophic" injury is used by us in an effort to inform potential clients that we handle cases other than medical malpractice or car/truck accidents. For example, we have represented clients who suffered severe injuries from food poisoning, from pharmacy errors, from sexual assaults, and from medical device failure.
Michael Shevlin Named To Million Dollar Advocates Forum
The Million dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. The organization was found in 1993. Fewer than 1% of U.S. attorneys are members. Michael Shevlin has been certified as a life member of this forum.
Read More About Michael Shevlin Named to Million Dollar Advocates Forum…
When Poor Handoffs Cause Patients To Suffer
A stroke.
A leg that was broken during high school football practice.
A baby about to be born...and it might be twins.
The reasons why people come to stay at a hospital are as varied as the patients themselves. But all patients arrive trusting they will receive good medical care. And while most patients do receive good treatment, sometimes the health of a patient is made worse due to poor medical care. All too often, poor patient handoff is the cause of deficient care.
Understanding Patient Handoffs
Because no doctor or nurse can stay in the hospital around the clock, patients end up being cared for by several different providers during their hospitalization. A patient may be seen by different physicians throughout the day. Generally, a patient will have a day nurse and a different night nurse due to shift changes, and other support personnel-nursing assistants, orderlies, and other professional-will change too. When shifts change, medical information about patients is transferred between the providers. This passing of patient care and information from one caregiver to another is known as patient handoff.
What Is A Spinal Cord Injury?
A spinal cord injury is defined as damage to the spinal cord that leads to neurological deficits — such as paralysis, weakness, numbness, or an inability to control bowel and bladder functions. The spinal cord can be injured by: (1) direct trauma (accident or fall); (2) loss of sufficient blood supply due to internal bleeding, prolonged compression from a herniated disc, or infected abscess that was not timely diagnosed and treated; (3) direct injury from surgical instruments. Often a delay in the treatment of a spinal cord injury transforms a temporary problem into a permanent disabling condition. Spinal cord injuries typically involve injury to the vertebrae, which are the rings of bones that surround the spinal cord and make up the spinal column. The vertebrae are named according to their location in the spinal column. There are seven cervical (neck), twelve thoracic (back), five lumbar and five sacral (lower back) vertebrae. Cervical spinal cord injuries usually cause loss of function in both the arms and legs, resulting in tetraplegia. Thoracic spinal cord injuries usually affect the chest and the legs; and Lumbar and Sacral injuries affect the hips and legs, resulting in paraplegia.
Unnecessary Birth Brain Injuries: The Result Of A Delayed C-Section
Although many women arrive at the birthing center of their local hospitals in labor and hope to have a natural delivery, sometimes problems occur and an emergency C-section delivery is required. This is often the case when the baby is in distress, if there is a prolapsed cord, and when uterine rupture or placental abruption occurs. A C-section is also needed if the labor is failing to progress.
In most cases of emergency C-sections, the baby becomes distressed and his or her heart rate or oxygen levels aren't what they should be. Before rushing into a C-section, the medical staff will make attempts to help the labor along by turning the mother on her side or trying other interventions. However, if a nurse or obstetrician allows the labor to continue for too long, it could mean the baby isn't receiving necessary oxygen.
When the medical staff fails to monitor a baby's heart rate or fails to order or perform an emergency C-section in a timely manner, the baby can suffer serious disabilities, such as:
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From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
Results listed are not a guarantee or indication of future case results.
