Cases Involving a Stillborn Birth – Is it the Doctor’s Fault?

You are expecting and it is time for another routine checkup at the doctors. You go into the medical facility and are assigned to a waiting room. After a few minutes of waiting, the medical professional has you lay down on the exam table so she can perform an ultrasound on your big belly. A few minutes goes by and the facial expression on the doctor’s face looks worried and contorted. Suddenly she informs you that she is having difficulty finding the heartbeat, and after another test is conducted, it is discovered that the baby is no longer alive. You are then admitted to the hospital to have induced labor to remove the baby.




Unfortunately, this situation can sometimes happen. When all goes well, childbirth and pregnancy can be a wonderful experience, but it is also considered a risky health situation according to some professionals in the medical field. Who is to blame? Sometimes a death in utero – also known as stillbirth – can occur due to unforeseen health issues or medical malpractice. Statistics show that 6.2 stillbirths happen for 1,000 live births in the United States. Some common causes of stillbirth include obstetric complications, placental disease, genetic abnormalities, maternal infection, hypertensive disorder, and umbilical cord abnormalities.


When a doctor fails to control a risk factor during pregnancy, it can be considered a medical error that may be subject to a malpractice lawsuit. At our law firm in Baltimore, MD, we know that a cerebral palsy claim revolves around proving that a medical mistake has occurred and presenting the harm caused as a result. The same goes for stillbirth cases. A doctor could be at fault only if he or she failed to provide the appropriate treatment needed under the specific circumstance of the pregnancy. During pregnancy and childbirth, the doctor is responsible for providing a clean and safe environment to prevent infection, identifying risks, diagnosing structural abnormalities prior to birth, and diagnosing hypertensive disorder prior to birth.


Let’s not get confused between a miscarriage and a stillbirth. A stillbirth is when a fetus is delivered shows no signs of life. Miscarriages occur earlier on during the gestation period. Most states in the U.S. recognize a stillbirth as the fetus being 20 weeks or older.




Our law firm is handling a couple of cases that involve death in utero. We work hard to fight for the rights of our clients to help them obtain the compensation they need to move forward physically and emotionally. Our team is comprised of doctor-lawyers, so we understand the medical field firsthand. We are devoted to creating the best legal approach to achieving a positive outcome in the case. If you suspect that your child might have been a victim of medical malpractice, consult with a cerebral palsy injury lawyer at our firm in Baltimore, MD, today.

The Link Between the Zika Virus and Microcephaly – A Neurological Condition


The Zika virus is a term that has been buzzing around the media lately with concerns rising about whether it may spread to the United States. Although the virus, which is a mosquito-transmitted infection, has existed for many years, it first appeared in the Western Hemisphere in May of 2015. Men and women who catch the virus experience symptoms such as rashes, fever, joint pain, and red eyes. Once the virus is contracted, it can last anywhere from a couple of days to a week. But, the worst effects of the virus can occur to babies in the womb.


Recently the Zika virus has been connected to cases of babies being born with microcephaly, which is a birth defect where the baby is born with an abnormally small head size. Babies with microcephaly have a deficiency in brain growth and may wind up facing developmental problems. Doctors and researchers have found that women who contracted the Zika virus while pregnant gave birth to babies having microcephaly. However, it is not yet proven whether the virus caused the condition or not.



While pregnant women are being advised not to travel to areas where the Zika virus has spread, microcephaly is still probable, since there are multiple causes for the congenital condition. Microcephaly can occur from other types of viruses, genetic disorders, maternal exposure to alcohol or drugs, chemical toxins, severe malnutrition, and medical errors. Medical malpractice is sometimes a factor contributed to the development of microcephaly.


These medical errors include:

  • Lack of oxygen to the brain
  • Failure to diagnose and treat
  • Traumatic delivery
  • The use of vacuum or forceps to extract the baby out
  • Neglect


Parents who have a child with microcephaly may need to make sure that he or she has lifelong care and that therapy and developmental services are provided to improve the condition. Many babies with microcephaly are known to develop cerebral palsy as a result. Depending on how severe the condition is, the child can face health issues such as seizures, developmental delay, intellectual disability, problems with balance and movement, vision loss, and hearing loss.


If you have a child with microcephaly and feel that he or she may be a victim of medical malpractice, it is recommended to consult with a skilled birth defect lawyer in Baltimore, MD to receive legal assistance in gaining the compensation deserved. At our law firm, we handle cases involving medical malpractice and microcephaly to achieve the best possible outcome. Upon hearing your story, we determine if you have a case and then strategize an effective legal approach for getting a settlement. Let us help your child secure their future by providing the legal guidance you need to move forward. Get in touch with us today to schedule a complimentary consultation.


Assessing the Evidence of Fetal Stroke as a Cause of Medical Malpractice

Another cause of cerebral palsy and other neurological conditions is fetal stroke, or neonatal intracranial hemorrhage (ICH). A fetal stroke happens between 14 weeks of the gestational period and labor when the baby does not receive enough oxygen to the brain and cells begin to die. Although many factors can be the cause of fetal stroke, some occur as a result of medical malpractice. Doctors must take preventative measures to ensure that inadequate oxygen and circulation does not happen and if signs of a fetal stroke are detected, they must act on it. Symptoms and signs of ICH may take months, or even years, to surface.


Determining a Case

Parents who discover that their child has suffered a stroke and developed a health condition as a result should look into whether the incident was a cause of a medical error. At our legal firm in Baltimore, MD, clients can seek legal advice from a birth defect attorney who will analyze their situation to determine if a case is warranted. However, because there are numerous risk factors that can cause fetal stroke, determining whether a medical mistake played a role in the condition requires the gathering of strong evidence and thorough assessment of the findings.



Evidence of Fetal Stroke

Some of the evidence that can merit a case can be found in prenatal and neonatal sonograms, magnetic resonance imaging (MRI), medical records, clinical course and computer tomography (CT). In the sonograms, many features can showcase fetal stroke, such as intraventricular echogenic foci or periventricular echodensities, irregular echogenic brain mass, posthemorrhagic hydrocephalus (PHH) and ventriculomegaly. Our law firm’s familiarity with the medical field allows us to recognize medical errors and strategize a case that will aim to achieve a successful outcome.


Health Conditions as a Result

Aside from the development of cerebral palsy, fetal stroke can cause paralysis, weakness, vision deficits, speech impediments, seizures, development delays and intellectual disabilities. These health conditions can be life-altering and may require that the child needs around-the-clock care throughout his or her life. Our attorneys will recommend the best course of action and provide legal guidance for gaining the compensation the family needs.




Medical Malpractice of Fetal Stroke

Some of the medical errors that can lead to fetal stroke involve the failure to recognize health issues before or during delivery, failure to act fast on any noticeable health problems, leaving a child in the birth canal for too long, improper use of forceps or vacuum extraction, failure to diagnose and treat seizures and failure to treat meningitis or jaundice. If you have a child who suffered a fetal stroke and suspect that it may have been a cause of medical malpractice, seek legal help from our law firm. Schedule a free consultation with us today.

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.