Posts Tagged ‘Medical Malpractice Attorney’

Acquired Brain Injury in Children Caused by Negligence at Birth

Friday, March 19th, 2010

acquired brain injury birth Acquired Brain Injury in Children Caused by Negligence at BirthThis week, Passen Law Group’s Chicago personal injury lawyers have been discussing hypoxic-anoxic  injury (HAI), a serious form of acquired brain injury.   Our lawyers understand how devastating hypoxia and anoxia-related brain injuries can be for those who sustain such injuries, as well as their families.   As with all permanent brain injuries, HAI carries immensely challenging long-term emotional and financial implications.

Nowhere is this more true than in HAI brain injuries involving infants and children.  Today, our Chicago brain injury lawyers conclude their week long examination of nontraumatic (acquired) brain injuries by exploring HAI associated with pregnancy, childbirth and children.

Several types of negligent conduct or malpractice can cause anoxia or hypoxia brain injury during child birth.  These can include failure to recognize fetal distress, unreasonable delay in performing a C-section, delay in delivering a large baby, failure to properly or timely resuscitate the baby, maternal or fetal bleeding complications, excessive administration of Pitocin, improper use of forceps or vacuum extractor during delivery, and placenta previa (placental growth over the cervix).  There are also natural causes of HAI at birth, which are not the result of medical malpractice, including a difficult labor, gestational diabetes of the mother, or some other genetic condition.

Parents who suspect something may have gone wrong during child birth, and who suspect their child is not developing normally, should seek medical treatment immediately for their child to ensure his or her health.  If they continue to suspect that obstetrical medical malpractice may have caused a permanent brain injury during birth, it is critical to contact a top Chicago birth injury lawyer as soon as possible to investigate your child’s injury.

Discerning the symptoms of hypoxia in newborns and young children can be especially challenging.  In newborns, common symptoms of hypoxia-induced brain injury include lack of muscle tone or hypotonia, which results in floppiness or weak/limited limb movements, increased heart rate, increased respiratory rate, fever associated with difficulty breathing, cold temperature, inability to feed, lethargy, limited response to external stimuli and lack of crying.

In children who have suffered birth-related HAI, the most common symptom is hypertonia in which the muscles are taut and/or lack fine coordination or movements.  This often results in the spasticity associated with Cerebal Palsy, where there is a defect in control of muscle coordination, problems with muscle strength and muscle movement.  These children commonly fail to achieve developmental milestones, such as the ability turn over, sit up, follow eye movements and respond to sounds, or walk at 12-18 months.  These children may also experience regression in previously acquired abilities, particularly if their condition goes undiagnosed or untreated.

At times, a birth injury from HAI may be unavoidable, particularly where genetic conditions, pregnancies involving drug or alcohol abuse, or similar situations are involved.  But even in complicated situations a doctor is required to act in accordance with established medical standards.  Because of the complicated factors associated with HAI, including identifying the cause of the injury, assessing the extent of damage involved, determining the permanent physical impaired caused, determining the cost and necessity for future medical treatment and other care needs, and proving the overall loss suffered by the child and family, it is critical that you retain the services of dedicated, experienced and compassionate professionals.

If you suspect that your child has suffered HAI or some other type of brain injury as a result of medical malpractice or negligence at birth, call the Passen Law Group today at (312) 527-4500 for a Free Consultation with a top rated Chicago brain injury lawyer.

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Study Shows Deadly Hospital-Acquired Infections Widespread

Wednesday, December 16th, 2009

Hospitals, especially Intensive Care Units (ICUs), are supposed to be clean, sterile environments. According to a recent study published in Journal of the American Medical Association (JAMA), more than half of all patients in ICUs around the world develop infections and are more than twice as likely to die than those patients without infections.  Hospital-acquired infections are a potential consequence of any invasive procedure, but may also develop as a result of negligence, which is why if you have suspicions, you should contact an experienced Chicago medical malpractice lawyer.

The JAMA study is an update to a similar study performed 12 years ago. Both recorded the prevalence of infections and treatment with antibiotics on a single day in hospitals worldwide. This year’s study collected data for May 8, 2007 from nearly 14,000 adult patients treated at nearly 1,300 ICUs in 75 countries.

Its findings demonstrate that preventive measures and best practices are being ignored in our nation’s hospitals. Some of these preventive measures and best practices include washing hands before and after treatment or a procedure, proper disposal of waste and proper sterilization and cleaning of items such as catheters and surgical tools. If your have lost a loved one due to a preventable infection at a hospital, talk to a personal injury lawyer today about a potential cause of action.

The Center for Disease Control (CDC) defines hospital acquired infections, or healthcare-acquired infections (HAI) as “infections that patients acquire during the course of receiving treatment for other conditions within a healthcare setting.” The CDC states that HAIs are in the top 10 leading causes of death in the United States.

There are many different types of infections that can be acquired in a hospital or other health care facility. The five most common, according to the CDC, are:

•    Urinary Tract
•    Gastrointestinal
•    Pneumonia
•    Bloodstream
•    Surgical Site

Getting an infection while in the hospital can create additional complications, and in the worst case, lead to death. There are many factors that contribute to hospital infections, including medical negligence, so it is important to consult Passen Law Group’s experienced personal injury attorneys about your case.  Call us at (312) 527-4500 for a Free Consultation.

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Hospital ‘Report Cards’ Show Frequency of Medical Errors

Monday, October 26th, 2009

medical error liability 300x200 Hospital Report Cards Show Frequency of Medical ErrorsAs the debate over medical liability reform continues, an often forgotten statistic is the number of patients injured or killed by medical malpractice.  In New Jersey, for example, a story from the Star-Ledger found that doctors and hospitals in that state committed 9,400 “serious errors” in 2007, which were defined as a medical error leading to “patients developing infections, blood clots and other conditions that threatened their health.”

The article presents findings from a hospital report card from the New Jersey Department of Health and Senior Services. The report card shows where mistakes occur, in addition to they types of mistakes made.  The New Jersey Health Commissioner hopes that by making the information public, hospitals will improve care, and cases of medical negligence will decline.

If you or a loved one has been seriously injured due to medical error, contact an experienced Chicago personal injury attorney about your case.  There are many factors to be considered in a medical error case, such as negligence, and an experienced malpractice attorney has a thorough understanding of what constitutes medical negligence, and the laws and statutes that apply.

Illinois also created a hospital “report card” pursuant to the Illinois Hospital Report Card Act (Public Act 93-0563) (“the Act”).  Such reports are meant to provide the public “information about the quality of health care provided in Illinois hospitals in order to make better decisions about their choice of health care provider.”  In addition to the hospital report card, Illinois also released reports concerning the Illinois Consumer Guide to Health Care and the Adverse Events report.

Under the Act, hospitals must submit quarterly reports on infection rates and adequacy of hospital nursing staff to the Department of Health.  Each year, the Department of Health is to publish a summary of the quarterly reports.

Although the Act was passed in 2004, to date no hospital report cards have been published. Indeed, none of the three reports listed above have been published.

According to reports this summer from the Chicago Tribune, the Illinois Hospital Association plans to launch a site this month that will publish the Hospital Report Card, along with the Consumer Guide to Health Care and the Adverse Events report.  We will see about that — these reports are long overdue.

It is likely that the medical associations are delaying the release of these reports for at least two political reasons: (1) the Illinois Supreme Court is considering whether caps on “non-economic” damages (i.e. pain and suffering, loss of normal life, etc.) in medical malpractice lawsuits is constitutional; and (2) the federal health care reform debate still includes the possibility of medical malpractice reform as part of a final package.

Should these Illinois reports come out “too soon”, and shed light on the frequency and severity of medical negligence in Illinois, the reports could sway public opinion away from the tort reformists.

Nevertheless, as the country continues to call for health care reform, enforcing the Illinois Hospital Report Card Act will be important.  The public has a right to know whether or not its hospitals are providing quality care.

For a free consultation with one of Passen Law Group’s Chicago medical malpractice and injury lawyers, call us at (312) 527-4500.

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