Archive for the ‘Birth Injury Law’ Category

Cerebral Palsy and the Littlest Brain Injury Victims

Thursday, May 3rd, 2012

Throughout March, the Chicago brain injury lawyers are honoring National Brain Injury Awareness Month by taking a closer look at various types and aspects of brain injury. Today, we take a closer look at cerebral palsy, a type of brain injury which affects children and lasts for their entire lives.

Cerebral Palsy: The Basics

Cerebral palsy refers not to one specific condition, but to a range of chronic conditions. These conditions affect a victim’s muscle control, movement, and coordination. Cerebral palsy almost always originates from a brain injury in the womb, during childbirth, or in very early infancy. Victims suffer an injury to the part of the brain which manages muscle tone.

The inability to move and control muscles can touch every part of a victim’s life, from simple tasks such as walking, talking, and eating, to more complicated tasks such as working and playing sports. The effects are different, in type and severity, for each victim – because the brain damage each victim suffers is also different. Typical symptoms, however, include muscle spasms and tightness, involuntary movements (“twitches”), problems seeing, hearing, tasting, or smelling, and seizures.

Cerebral palsy falls into three overlapping categories: a victim may have one, two, or all three forms. First, Spastic Cerebral Palsy involves stiffness and difficulty moving. Second Athetoid Cerebral Palsy involves involuntary movements. Third, Ataxic Cerebral Palsy typically involves balance and depth perception issues. The Chicago brain injury attorneys of Passen Law Group have encountered and dealt with each of the three cerebral palsy types.

Cerebral Palsy: The Causes

At base, cerebral palsy is brain damage. It can be caused in several ways – many of which constitute medical malpractice. These include infection, sch as meningitis as a young infant, bleeding into the brain at a young age, particularly in premature infants, or lack of oxygen reaching the brain in utero or during delivery. The infant can suffer this oxygen loss when left too long in the birth canal, delivered with the umbilical cord around her neck, or delivered in a traumatic birth.

Often, the lack of fetal monitoring during delivery allows this injury to occur. The use of forceps and vacuum extraction, or the failure to institute a C-Section when called for, are other common culprits. Cerebral palsy can also result from the failure to provide proper infant just after birth. When jaundice, seizures, or meningitis go undiagnosed, the infant can develop cerebral palsy.

A top Chicago brain injury attorney can help you to determine what caused your child’s cerebral palsy, and whether legal action is warranted. Generally speaking, there is a good chance that medical negligence was to blame for your child’s cerebral palsy if any of the following occurred:

• Emergency delivery, particularly involving vacuum or forceps
• C-section, especially emergency c-section.
• Time spent in the NICU after birth
• The need for oxygen or CPR immediately following the birth
• Seizures as a newborn or infant

Cerebral Palsy: Treatment

There is no cure for cerebral palsy. In a few rare, extremely mild cases, cerebral palsy can be managed well enough to allow the victim to lead a normal life. In most cases, however, the best a victim can hope for is to “manage” the condition well enough to function.

The first step in treatment is assessing the individual victim’s condition. Then, doctors can create a treatment program specifically-tailored to the unique severity and type or types of brain injury which that victim suffered. Treatment plans generally include physical therapy – both professional and at-home, occupational therapy, treatment with a pathologist, and speech therapy – all expensive treatments. Medications, including anti-seizure medications, are often prescribed, and can cost hundreds of dollars each month. When properly handled, a medical malpractice action can lead to a settlement or recovery which can allay these expenses.

For a free consultation with an experienced Chicago brain injury lawyer at Passen Law Group, call us at (312) 527-4500.

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Bigger Babies Mean Bigger Risk

Friday, January 20th, 2012

As the birth injury attorneys of Passen Law Group are only too well aware, larger and oversized babies carry with them the risk of mild to severe injuries to both the infant and the mother. Oversized babies, and the negligent failure of the physician to recognize the situation and take precautions, are a risk factor for brain injury, cerebral palsy, shoulder dystocia, prolapsed uterus, extensive tearing in the mother, and many other problems.

Unfortunately, a recent study shows that both the weights and lengths of American babies is increasing, and has been for the past several decades. The study, which was published in the current issue of The Journal of Pediatrics, used babies in southwestern Ohio as subjects, and looked at data from the area going back to 1929.

The increase dates back to around 1970. Babies born after 1970 were around a pound heavier than babies born before that date. In addition, babies born after 1970 were more than half an inch longer than babies born before that year.

As a result, babies which would have been considered larger-than average in the 40s, 50s, or 60s are considered average, or even small, today.

These differences, however, even out by about one year of age. The larger infants, however, do not experience slower growth. Instead, the babies born “smaller” – or average for a few decades ago, are experiencing faster growth in their first year, catching up with their larger counterparts. And the researchers did not find any relationship between birth size and later childhood obesity.

The researchers had no definitive answers for the increased size of infants. One possible explanation, however, lies in the size of modern mothers. As a general – but often violated – rule, larger maternal size can lead to larger infants at birth. Maternal BMI (body mass index), like the BMI of other Americans, has risen in recent decades, as well. In the 1930s and 40s, only around 18 percent of mothers had BMIs in the category of “obese.” Between 1990 and 2008, however, nearly half of mothers fell into the category.

The study’s authors include Ellen Demerath, an associate professor of Epidemiology and Community Health in the School of Public Health at the University of Minnesota.

Armed with the knowledge that babies’ size at birth is increasing, it is especially important that obstetricians and other medical providers take extra precautions to prevent birth injuries. The failure to evaluate the infant’s size, and to use monitoring or opt for a c-section where appropriate to avoid injury to the mother and baby can constitute actionable medical negligence.

If you or a loved one have suffered maternal injury or birth injury such as brain damage or cerebral palsy, regardless of the size of the child at birth, talk to an experienced birth injury attorney. Your attorney can help you to determine whether medical malpractice was responsible for your child’s injuries, and can help you to decide whether to take legal action.

If you have any questions about a traumatic birth injury matter, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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Hypoxic Ischemic Encephalopathy

Wednesday, November 9th, 2011

Hypoxic ischemic encephalopathy, sometimes called HIE, is the technical medical term for a type of asphyxia: brain and/or spinal damage caused by a lack of oxygen. When HIE occurs, the body’s oxygen supply is inadequate, and when insufficient oxygen reaches the brain or spine, the cells are damaged.

HIE in infants and children is often the result of medical malpractice at birth. Although hypoxic ischemic encephalopathy is quite rare, with about three infant out of every 1,000 suffering from the condition. For those infants who do suffer, however, HIE is extremely serious, and can lead to death or severe, permanent brain injury.

Indeed, close to twenty percent of infants who suffer hypoxic ischemic encephalopathy during or shortly before childbirth do not survive past infancy. For the eighty percent who do live, over one-quarter suffer permanent brain injury.  These injuries can include developmental disabilities (including mental retardation), epilepsy, and cerebral palsy.

At times, the cause of HIE in a particular infant is unknown. But a number of factors in childbirth are known causes, including:

  • · Umbilical cord problems
  • · Uterine rupture
  • · Maternal hypotension
  • · Placental abruption

Hypoxic ischemic encephalopathy is often tied to a difficult labor, and complications during delivery or childbirth. Whatever the triggering factors, the failure to properly monitor both mother and fetus, and to respond promptly to fetal distress, can lead to HIE.

Diagnosis of HIE in infants is problematic, as symptoms may go unrecognized, or may be generic, mimicking many other conditions. Many birth brain injuries have similar symptoms during infancy, such as seizures. As a result, the diagnosis of hypoxic ischemic encephalopathy must often be delayed until the child is slightly older.

Once the diagnosis is made, the child may need extensive treatments and therapies. Although the damage is generally permanent, victims can – depending upon the severity of the damage – learn to manage their condition. To do so, however, will often require special equipment, years to a lifetime of multiple therapies (speech, physical, occupational), expensive medical treatments, paid caregivers, and other expenses.

If medical negligence was to blame for an infant’s hypoxic ischemic encephalopathy, however, a legal recovery can help to defer some of these costs. If your child has been diagnoses with HIE, talk to an experienced birth injury attorney as soon as possible. A top attorney can help you to determine the causes of your child’s condition, and to decide whether to take legal action.

If you have any questions about your labor and deliver or brain damage that you believe was  caused by negligence at birth, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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