Difficult Deliveries Can Result in Erb’s Palsy

Even with a well-thought out birth plan, the preferred delivery method is never a definite course of action. Child labor is an unpredictable experience, even if it entails a scheduled induction. No parent wants to endure a difficult childbirth, but if it happens, the healthcare practitioner will take the medical approach most appropriate for achieving the best outcome. If the baby is struggling to travel through the birth canal, sometimes the doctor will gently pull the baby through by hand, medical vacuum or forceps before engaging in a cesarean section.




Brachial Plexus Birth Injury

However, this tactic, if not performed properly, can result in Erb’s Palsy, a condition where the brachial plexus – the network of nerves in the arm – is damaged. Statistics shows that approximately 1 to 2 infants out of every 1,000 develop Erb’s Palsy through medical malpractice. The injury, which entails little to no feeling in the arm and a very long recovery process, can be life-altering. One too many times often, healthcare professionals decide to pull the baby from the birth canal when they should have taken the route of a cesarean section. Medical regulations enforce that only so many pulls are allowed before the method should be abandoned and a C-section performed.


The Medical Malpractice of Erb’s Palsy

There are many errors in the process of pulling the baby out that can be harmful, such as pulling too hard, incorrect placement of the tool, twisting the neck or head and pulling for longer than 15 minutes. It is critical that doctors correctly conduct this delivery procedure, as the body of the baby is extremely fragile. Aside from Erb’s Palsy, other possible injuries that could occur include retinal hemorrhages, skull fractures, bleeding to the brain, seizures and cerebral palsy.


Seek Legal Helpcerebral2

Injury to the brachial plexus can result in the inability to flex or rotate the arm, but it can heal over time, with a recovery span of up to several months or more. However, completely torn nerves may be permanently damaging. Dealing with a child who has Erb’s Palsy can be both devastating and frustrating for the parents because they may be challenged with the high cost of medical bills and being out of work to care for the child around-the-clock. If parents suspect that their child’s Erb’s Palsy is due to medical malpractice, they should seek help from an experienced and skilled birth defects lawyer in Baltimore, MD.


Our law firm has handled a wide variety of birth trauma cases involving damage to the brachial plexus. Our past of working in the medical field has allowed us to understand the healthcare approach firsthand. We do whatever it takes to fight for the rights of our clients and are devoted to helping them achieve the compensation they deserve. If your child has Erb’s Palsy, let us hear your story so we can determine if you have a case.

The Importance of Venous Thromboembolism Prophylaxis

A middle-aged woman just had major surgery on her hip to correct a fracture, causing her to be immobilized for around-the-clock care. The healthcare professionals responsible for her recovery in the hospital she is admitted to overlook the possibility of blood clots. Suddenly, the woman’s lungs give way, making her unable to breathe and take in oxygen. Unfortunately, the woman doesn’t survive the unexpected condition. Later on, the cause of death is pinpointed as venous thromboembolism, which is when a blood clot breaks the vein open, allowing it to travel to the lungs and block blood supply. Had the doctors performed venous thromboembolism (VTE) prophylaxis – preventative measures that help avert blood clots from occurring – the patient would still be alive.



Preventable Treatment by Use of Blood Thinners

Although this story is fictional, it exemplifies real-life accounts involving Venous Thromboembolism Prophylaxis. A significant number of patients have lost their lives to the effects of VTE, and studies show that the condition is strongly linked to hospitals. The health issue is preventable, especially with prescribed anti-coagulants – a type of medicine that thins the blood.


Unfortunately, many health professionals fail to diagnose the blood clots or put preventative measures in place that failed to be effective. VTE can be detected by noticing the symptoms of blood clots and through a thorough physical exam. Performing proper venous thromboembolism prophylaxis is important in the healthcare industry because it is crucial to saving the lives of patients, as there are many high-risk factors concerning the disease.



High Risk Factors of VTE

Without VTE prophylaxis, patients who have experienced major trauma, were burnt badly or had major surgery could develop the condition, leading to fatal results. The preventative measures for VTE are underutilized in hospitals, despite national guidelines and evidence from clinical trials. More physicians need to have the understanding of when to select the right drug, dosage and duration of treatment for medically ill patients at risk of VTE.


Issues with VTE Prophylaxis

There are a variety of reasons why preventative measures for blood clots are not being utilized correctly. Some obstacles of optimizing VTE prophylaxis include uncertainty about the right method for conducting the recommended risk assessment and how effective preventative anticoagulant therapy really is. There are also complications in the presence of related hospital protocols, as well as performance measures. These issues need to be assessed to establish VTE prophylaxis that is effective against blood clots.


VTE Medical Malpractice Cases Brought to Trial

As we mentioned in our previous post, we are currently handling several VTE medical malpractice cases. Through the cases, we aim to encourage appropriate VTE prophylaxis and bring awareness to the issue. Two of the cases are being brought to trial by our law firm, with one taking place in October and the other in January. We are hard at work trying to achieve a course of action that will lead to a settlement of which the victim’s survivors can be awarded.


If you are looking for assistance with your VTE-related or other medically associated cases, like a cerebral palsy claim, contact our Baltimore-based law firm for a consultation.



Venous Thromboembolism as a Result of Medical Malpractice

Patients who have experienced major trauma, have just experienced a major surgery or have been burnt badly, are at high risk for Venous Thromboembolism. Venous Thromboembolism (VTE) is when a deep vein thrombosis occurs and leads to a pulmonary embolism. The blood clot develops in the large veins of the lower leg or thigh and bursts, allowing it to travel to the lungs from other parts of the body. Once the clot becomes trapped, it can lead to major injury and fatal outcomes. The condition can be prevented by proper prophylaxis, or protective measures put in place by doctors to thwart the disease from occurring. Unfortunately, some healthcare providers fail toBlausen_0290_DeepVeinThrombosis diagnose this condition, neglecting to have it treated right away.


Formation and Detection

Venous Thromboembolism usually develops due to decreased physical activity, the discharge of procoagulant substances from tissues, and damage to blood vessels. The health issue can be detected by a thorough physical exam and analysis of symptoms. Tenderness, pain, increased temperature and redness are all signs of Venous Thromboembolism. If the condition is diagnosed, it can be treated with anti-coagulants, which are also known as blood thinners.


The Reason for Neglect

According to research, pulmonary embolism (when the blood clot of the venous thromboembolism travels to the lungs) is one of the leading causes of deaths that could have been prevented during hospitalization. Medical providers should be able to recognize a pulmonary embolism so that the symptoms are understood and treatment can be applied. Part of the reason that medical practitioners fail to diagnose VTE is because they are not aware of the medical practices proven to assess the risk, and because the practices are not applied to the patient in a routine and consistent manner.


Highly Skilled Medical Malpractice Lawyers Hard at Work

Our law firm is currently devoted to handling several medical malpractice cases concerning Venous Thromboembolism, which will be going to mediation in a couple of weeks. We are committed to assisting our clients with their medical malpractice cases so that a proper settlement emerges from their disputes. In the cases, the doctors failed to conduct prophylaxis, which resulted in the patients contracting a fatal pulmonary embolism that killed them. We aim to resolve the differences between the victims and their healthcare provider by achieving a lawsuit without having to go to trial.


Those who need a lawyer for their cerebral palsy case can rely on our expertise in the medical field of law. However, if you feel that a medical professional failed to diagnose or treat VTE, our law firm can help you too. We will help you figure out if negligence was the reason that the pulmonary embolism was misdiagnosed, or not diagnosed at all. We are solely dedicated to using our vast experience and knowledge to defending the rights of our clients.


The Justification of Wrongful Birth: Should it be a Law?


If you were having a child and the prenatal test results showed that it has a genetic disorder, would you choose to give it life? This is a tough question that is often hard to answer, however, some parents are denied the choice because doctors have either failed to properly read the test results or neglected to test for health problems in the fetus. To obtain the compensation they need to financially provide a lifetime of care for their child as he or she grows older, claims can be filed for “wrongful birth” – but only in some states. Birth injury lawyers, such as our law firm, work to defend families who have been victims of wrongful birth.


What is Wrongful Birth?

Wrongful birth is a claim in which the parents state that they would not have had the child if it were not for the medical malpractice of the healthcare provider. In the cause of action, parents can argue that their doctor didn’t properly diagnose the medical issue in the fetus, warn the mother and father of the risk of conceiving, or let the parents know they can make an informed decision about whether the pregnancy should be terminated or not. Unfortunately, only half of the states in the U.S. allow parents to sue for wrongful birth.


Even then, wrongful birth laws differ from state to state. However, the basic medical malpractice principles for filing a lawsuit still apply. In a wrongful birth case, the parents must prove that the healthcare provider’s mistake caused harm to their child. The fact that the doctor made a mistake is not enough to sue. In medical malpractice cases, such as wrongful birth claims, it is extremely beneficial for the family to hire a highly skilled and experienced birth injury lawyer or cerebral palsy injury lawyer in Baltimore, MD.


Establishing a Wrongful Birth Law in Iowa

At Gershon, Willoughby, Getz & Smith, LLC, we are handling a wrongful birth case in the state of Iowa, which is one of the states that does not recognize it as a claim. Our lawyers are hard at work trying to make a new wrongful birth law in the state of Iowa. Cerebral palsy attorney Wayne M. Willoughby has written an appeal brief of the wrongful birth claim to the Supreme Court. The brief explains that in the wrongful birth case, the family continued the pregnancy of their brain damaged child because their doctor failed to discover the brain malformation in the fetus.


The parents in the claim being handled by our lawyers state that if they had known that their child had a brain malformation prenatally, they would have chosen to have it aborted. The doctor’s mistake led the pregnancy to continue, which resulted in a brain damaged child that needs around-the-clock care to live a comfortable life. The highest court of Iowa has never entertained a wrongful birth case such as this, and we aim to establish it as a new law in the state. We feel that wrongful birth victims deserve to be compensated, and we devote our expertise to defending the rights of our clients.


The Relation of Medical Malpractice to Poor Healthcare




The Unfairness of the Baltimore Riots

It’s sad to say, that although the country claims to have the best healthcare in the world, truthfully, it depends on who you are. As residents of the Baltimore, Maryland area, we are highly aware of the riots that happened in our community about a month ago. They all started with the funeral of Freddie Gray, who passed away from injuries due to his arrest. After being taken into police custody, Gray died in the hospital after suffering from spinal cord injuries and possible stroke. Gray had complained of having trouble breathing, which could have been related to a neck injury, according to medical practitioners.


As the latest victim of excessive force and unfair police profiling, Freddie Gray’s death was the spark of the Baltimore riots, where looters and protestors proceeded to evoke theft and violence across the city. As medical malpractice lawyers, we couldn’t help but think of how Freddie Gray could have been better treated by not only police officers, but also medical staff. This issue relates to the fact that low income families, ethnicities and minorities tend to experience deprived versions of the U.S. healthcare system, compared to others.


The Price of Medical Mistakes and Poor Treatment

When individuals receive low-quality healthcare service, it can lead to medical malpractice situations. As highly skilled and experienced attorneys that have represented numerous medical malpractice cases, we have seen the negative effects that the poor treatment and mistakes of medical practitioners have on patients. Research estimates that African-Americans and Latinos experience 30 to 40 percent worse healthcare results than white Americans. Although the recent Baltimore riots were geared more towards greed and personal outrage, the demonstration still presents a frustration and resentment that resonates within minority communities.


We can’t overlook the more positive aspects of the riots, such as neighbors who helped each other, ministers that preached about nonviolent demonstrations, and heroes of the protests. We may not be able to resolve the unfairness of discrimination when it comes to healthcare, but as lawyers, we can rise above it by turning to justice for help. Our law firm, Gershon, Willoughby, Getz & Smith, LLC, fight for our clients in the court of law and work to achieve a settlement that will compensate for their injuries that are due to medical malpractice.


Experienced Medical Malpractice Attorneys

The medical malpractice situations that occur due to the minimal healthcare benefits of low-income groups and ethnic minorities range from childbirth and sickness, to nursing homes and antibiotics. The failure to diagnose illnesses, failure to provide instrument assistance during childbirth, neglect of a health condition and failure to prescribe necessary medicine are only a few of many medical malpractice situations that can happen. If you feel that you may be a victim of medical malpractice, contact our law firm for a free legal consultation. We can help you achieve the financial recovery you need from an injury, no matter who you are. Our vast experience and expertise in the medical field and law field put you at an advantage regarding the outcome of your case. Consult with us today.


Why Doctors are Becoming Lawyers

The team of lawyers at Gershon, Willoughby, Getz & Smith, LLC, were once medical practitioners that served in healthcare facilities. The attorneys have experienced it all – the hectic schedule of medical shifts, procedures and surgeries, the handling of healthcare paperwork, and the use of medical terminology. As doctors, the passion they had for helping their patients extended beyond the improvement of physical health. The desire to aid their patients on another level of the medical field inspired them to obtain a degree in law to become MD-JDs.



The Reason: Defending Patients

As the attorneys studied law in the medical field, their knowledge and experience expanded, providing them with the skills needed to assist their patients further. As MD-JDs, the lawyers could now fight for the rights of their patients and help them gain the compensation they deserved when it came to medical malpractice.


Gershon, Willoughby, Getz & Smith, LLC, focuses their specialty on medical malpractice cases that involve cerebral palsy. Thebirth injury lawyers combine their experience in the medical field with their understanding of law to successfully represent their clients.


The Pros and Cons of MD-JDs

Since the 1980’s, the number of doctors-turned lawyers has increased significantly in the United States. Compared to regular lawyers, MD-JDs know the ins and outs of all aspects of the medical field, which they can apply to their cases. MD-JDs can handle medical malpractice cases through their strategy, analysis and research using their previous experience as doctors. Attorneys that do not have a medical background may not be able to perform case management as well as MD-JDs can because they do not have an insider’s perspective on healthcare issues.


One disadvantage to having a profession as an MD-JD is that the call for action to helping their patient financially is to sue other doctors, which sometimes happens to be their former colleagues. An MD-JD that might have worked side by side with another doctor will have to file a lawsuit against him or her because it is the only approach to helping the client achieve a settlement. Many doctors come to dislike MD-JDs due to such legal circumstances, but the lawyers at Gershon, Willoughby, Getz & Smith, LLC, do not let that stop them, especially when a large amount of their clients are small children who are victims of medical negligence.



The Increase of Doctors-Turned-Lawyers

Despite the downfall of having to sue other doctors, the profession of MD-JDs continues to grow and is a decision that is becoming more popular. The lawyers of Gershon, Willoughby, Getz & Smith, LLC, have helped numerous clients achieve the care that their children need, as well as financial freedom and peace of mind. Parents who feel or suspect that their child is a victim of medical malpractice can consult with a birth injury lawyer at the firm for free. The attorneys continue to represent victims of medical malpractice, which involves issues such as misdiagnosis, surgical error, brain injury, anesthesia mistakes and more.

Heart Rate Negligence During Birth – A Major Medical Malpractice

top10_heart_beatSometimes, one of the main causes of a birth injury is the medical staff’s failure to monitor the fetus’s heart rate during labor. Patients rely on their medical physicians to properly care for their child as they face strenuous labor. Recently, the brain injury attorneys ofGershon, Willoughby, Getz & Smith LLC won a case that involved heart rate negligence at birth. What’s more, On January 8th, the New Jersey state court awarded a large sum settlement of 8 million dollars to their client who had their child receive a severe injury at birth (due to heart rate negligence).

The client was a 6-year-old child who developed cerebral palsy, disfigurement, incontinence and mental retardation from brain damage that could have been prevented at birth.  The medical staff had failed to notice a dramatic change in the baby’s heart rate. As hours went by during labor, the baby was deprived of oxygen to his brain because staff did not continuously monitor the heart rate, which would have displayed that something was wrong. Monitoring the baby’s heart rate is a standard medical practice that should have been conducted.

The mother of the child expressed her gratitude to her attorneys, Dr. Zev T. Gershon and Robin R. Smith who represented her case. The settlement will be able to provide proper care for the rest of the child’s life. The child remains medically stable and is expected to live a normal lifespan. Birth injury attorney Dr. Gershon hopes that the success of the settlement will be an example to health care providers of what the consequences could be when it comes to the failure of following standard medical practices.


If you believe you may be a victim of medical malpractice, contact the law firm today for a free consultation.

The Complications of IV Negligence

Recently, Gershon, Willoughby, Getz & Smith LLC settled a medical malpractice case that involved the improper insertion of an IV, which introduced air into the patient’s heart. The patient died due to this medical mistake. Fortunately, the patient’s family was awarded compensation for the incident. There are a variety of issues that can happen with IV administration, despite the fact that they are commonly used in treatment.

IVs are used to achieve multiple purposes in healing and caring for a patient. With just one puncture of the skin, patients can be treated with less pain, receive medications, and have blood withdrawn. Advancement in technology has made IVs easier to use, such as the development of new extensions, valves, and various attachments. However, IVs still pose a risk when they are not used properly.

An IV mistake can be recognized by the area of the skin where it is inserted. Swelling, changes in skin color, bruising, abnormal appearance, and leaking fluids are all signs that the IV is inserted wrong.

Serious Injuries from IV medical malpractice include:

–          Death

–          Tissue necrosis

–          Air bubbles

–          Infection

–          Disfigurement

–          Amputation

–          Damaged nerves

–          Inflammation of the veins

If you or a loved is suffering from the aftermath of an improper IV insertion, compensation may be warranted.

Contact our law firm to consult with our attorneys today.

Symptoms of Cerebral Palsy

When there is a delay in the development of a child, it is a clear sign of a possible health issue, and raises many questions in the minds of the parents.  Unfortunately in some cases, the reasoning for the issue could be a physical dysfunction such as Cerebral Palsy or other condition. Cerebral Palsy diagnosis begins with the abnormalities of a child’s developmental growth and can be identified within the first several years of a child’s growth.

Doctors use proper testing and examination to analyze the child’s bodily functions to find out if the developmental delay is due to a neurological condition, which is what causes Cerebral Palsy. Here we discuss what the symptoms are of cerebral palsy.

Muscle Tone – The child’s central nervous system works to coordinate muscle movement. If the muscles seem to not work together in the body, it could possibly be an impairment in the brain.

Movement Control – Muscle control issues involve rhythmic pattern in movement or spasms. Impaired muscle control often happens in opposite limbs, and can be detected when a child is trying to perform a task. Abnormal walking patterns and limping portray signs of impaired muscle control.

Posture – If a child’s posture is asymmetrical, their balance will be affected. This impairment can be found by observing the child’s reaction when they are placed in certain positions. If the reactions don’t happen, or if they are asymmetric, the child may have Cerebral Palsy.

Motor Function – As the child develops, he or she should be able to learn how to balance, walk, stand, crawl, sit and roll. If the child doesn’t reach these milestones properly or late, it could be a result of brain deficiency.

Other signs of Cerebral Palsy include oral motor malfunction, irregular reflexes, and speech impairment. If your child has been diagnosed with Cerebral Palsy and you feel that it is caused by medical malpractice, contact our law firm today to get the compensation that your family deserves.

If You Struggle With Cerebral Palsy, Know That You Are Not Alone

At Gershon, Willoughby, Getz & Smith, LLC, we know it’s terrible being told that your child has cerebral palsy. Coping with it throughout their lives alone will be a challenge for any child diagnosed with it.

Cerebral Palsy is not the same as being mentally impaired. It is defined as damage caused to the brain during childbirth or development.

Sometimes, Cerebral Palsy (CP) will disable an individual to the point of needing constant care and supervision. Usually, however, people affected with CP are bright and caring individuals that can carry intelligent conversation and function despite their impaired motor and/or speech skills. It’s important to know that CP victims are not alone. There is support out there for CP victims and ways for victims to connect with each other to share stories and struggles.

The CDC records that CP is the “most common motor disability in childhood”. They have performed statistical studies around the world. These studies have discerned that about 1 in 323 children have been identified with cerebral palsy. These estimates come from CDC’s Autism and Developmental Disabilities Monitoring Network. (Source: CDC.gov)

Statistically, 30.6 percent of CP victims have limited or no walking ability. That leaves almost 70% of them to be free-moving and social. Anyone can find people living with CP on the internet. Go to YouTube.com. There are literally hundreds of people that live with CP day in and day out, and cataloging their lives on there. It is a community where individuals living with CP can meet each other and express their sympathy as well as happiness for finding each other. They are not alone and neither is anyone else who suffers from this disability.

There are many organizations fighting for life without limits for people coping with CP. United Cerebral Palsy, at UCP.org, they offer support on a community basis for people with CP. They are educators on the facts about CP and advocates for people with CP fighting for their rights. Another organization to keep your eyes peeled for is The Cerebral Palsy League. They are a public organization that serves hundreds of affected children every year. They offer programs and services that cater to the special individual needs of each person.

It’s important to realize that many suffer with Cerebral Palsy. People coping with CP like football, TV, movies and the internet just like any other American. They should be respected members of society, and spreading education and awareness is the least you can do for people bravely struggling with CP.