Birth Defect Lawyer Blog

Reseachers have discovered more about how human cytomegalovirus (HCMV), a virus transmitted through contact with human bodily fluids, has managed to become one of the leading causes of birth defects in the United States. In a new study, researchers learned that the virus acts to prevent a cell's normal ability to repair itself. This has led to a situation where, of the 40,000 babies born each year infected with the virus, 4,000 have birth defects ranging from hearing loss to cerebral palsy to microcephaly, where the head is too small.

While HCMV typically remains dormant in healthy individuals, when a woman is pregnant, her immune system becomes weakened, making it more likely that she will be infected by the virus. At present there is no cure, but researchers hope that through learning more about the way the virus functions, they can develop treatments that would prevent birth defects.

Through this latest study, researchers have determined that when HCMV infects a cell, it creates "centers" inside the cell's nucleus through which it replicates itself. The proteins that repair cellular damage become trapped in these centers and are therefore unable to stop the virus's destruction. To test this theory, they exposed the virus to ultraviolet irradiation, which damaged the DNA of both the cell and the virus. One day later, the researchers found that while the virus had repaired itself, the cell remained damaged. The damaged cells could ultimately lead to the fetus being infected.

For now, researchers still don't know what parts of the virus are responsible for preventing cellular repair, and note that it will require further study. They emphasize that HCMV is entirely preventable and urge people to wash their hands well and to use gloves in unsanitary situations.

It would be very unfortunate to have a baby with a birth defect as a result of such a virus. Birth defects such as mental retardation or cerebral palsy mean a lifetime of medical bills, which can quickly steep a family in debt. If that were your situation, would you have recourse against the source of the virus through litigation, which could lead to a monetary award? You might, though it would likely be difficult. First, you would have to determine that the birth defect was actually the result of the virus. Unfortunately, there are many different potential causes of birth defects, including environmental toxins, genetics, and lifestyle. Even if you did determine that the virus, and nothing else, caused the birth defect, you would have to determine how it was caused. If it was transferred sexually and you had few partners, you might be able to determine the source. However, if it was transferred through contact with someone else's saliva or urine, you could potentially have thousands of sources and no ability to narrow it down. In all likelihood, you would not be able to get monetary relief if you sued the potential source of the virus because you would not be able to meet your burden of proof.

Continue reading "Researchers Are a Step Closer to Determining How the Human Cytomegalovirus Causes Birth Defects" »

Cerebral palsy is a challenging condition on the best of days, and those living with it may have to deal with alienation from their peers on top of other challenges. Fortunately for Hakam Daley, peer alienation is one challenge that he won't have to worry about, at least for now.

A high school student at St. Lucile West Centennial High School in Florida, Daley was recently crowned homecoming king. This occurred after Daley's friends secretly petitioned other high school seniors to nominate Daley for homecoming court. When Daley's name was announced, Daley chose to walk out onto the field with the help of his caregiver rather than use his wheelchair.

Growing up, Daley had far less to smile about: he was put up for adoption when he was young and has gone in and out of foster homes over the years. By selecting Daley for homecoming king, his friends wanted to give him an experience that "he would remember for the rest of his life."

Cerebral palsy is a condition that affects the body's brain and nervous system function. It is not a birth defect, but instead is caused by a specific brain injury, either while the baby is in utero (or is being delivered), or during the first year or two of the child's life, while the brain is still developing. Cerebral palsy can result in tight muscles and joints, leading to abnormal movements, an unsteady gait, and a lack of coordination. Those with cerebral palsy may also suffer from speaking, sight, and learning disabilities.

While many people like Hakam Daley manage to live full lives with cerebral palsy, the condition comes at a cost, both in terms of lifelong therapies and medical bills, and in terms of wages that the person is unable to earn due to the impairment. While the causes of brain injury may vary, it can often be linked to accidents during the child's birth -- such as if the child is left without oxygen for long periods of time in the birth canal.

Continue reading "High School Senior With Cerebral Palsy Crowned Homecoming King" »

To add fuel to the debate over whether babies conceived via in vitro fertilization (IVF) have a higher risk of birth defects, a new study has found that birth defects for babies conceived through assisted-reproduction techniques (ART) have gone down over the past decade. ART encompasses all types of artificial methods for achieving pregnancy, including IVF, intracytoplasmic sperm injection, intrauterine insemination, and cryopreservation.

The study out of Western Australia examined data on over 207,000 births, including babies who were conceived through two IVF and intracytoplasmic sperm injection, two of the most common techniques. Of the total amount, 1,328 were conceived by IVF and 633 were conceived by intracytoplasmic sperm injection between 1994 and 2002. Researchers found that in general, 8% of babies had birth defects such as cleft lip, heart defects, and defects in the abdominal wall and genitals, compared with 5% of babies who were conceived without artificial methods. However, when the researchers compared data from 1994 through 1998 to the data from 1998 through 2002, they found a decline in the percentage of birth defects -- from 11% to 7.5%.

Researchers are not certain of the reasons behind this change. Some speculate that as ART is used more widely over time, different methods are used that could have a notable impact. For instance, laboratories could be using different medication to stimulate the ovaries, or require smaller doses over a shorter period of time. Regardless, researchers believe that what this demonstrates is that, despite the overall higher risk of birth defects, ART is becoming safer all the time, and most babies conceived through ART will be born healthy.

It is encouraging news that rates of birth defects from ART have decreased gradually. After the time and expense involved with IVF and other types of ART, having a child with a birth defect would be a serious blow, both emotionally and financially. If your child was born with a birth defect that you believe was due to IVF, are there ways that you could get relief? You always have the option of filing a medical malpractice suit against the ones who administered the technique. This would involve arguing that the person or persons did not use reasonable care, and as a result, you were injured. That might be a challenge to prove, since records might not indicate whether the methods used for your ART deviated in any way from an ART that led to a normal pregnancy and birth. If you believe the problem was not the way the ART was administered, but the medication you received as part of the treatment, you might also consider filing a product liability suit against the drug manufacturer. There, you would argue that the manufacturer created an unreasonably dangerous drug that caused you injury, with the result being your child's birth defect.

Continue reading "New Study Finds That Risk of Birth Defects Has Declined For Babies Conceived Through Assisted-Reproduction Techniques" »

After finding that babies conceived through in vitro fertilization (IVF) had a higher risk of birth defects, now scientists have found that babies conceived after male fertility treatments have an even greater risk.

Scientists from the University of Adelaide in Australia found that while babies conceived through regular IVF (mixing eggs with sperm in a Petri dish) had no greater risk of birth defects than babies conceived normally, that changed when a single sperm was injected into the egg. Then the result was that 10% of babies conceived through sperm injection IVF were born with birth defects, compared with 6% conceived normally.

The study relied upon records of nearly 303,000 babies conceived naturally and 6,163 babies conceived with treatment in Australia from 1986 to 2002. The study also reviewed records of the birth defects some of these babies showed by the age of five. Researchers considered heart, spinal or urinary tract defects, limb abnormalities, and problems such as cleft palate or lip. However, minor defects were not considered unless they needed treatment. The study then grouped the results by the type of fertility treatment used. Only babies conceived through the sperm being injected into the egg showed a higher risk of birth defects once other factors were removed.

Scientists had several theories One is that that abnormal sperm are simply being forced to conceive. It may also be because the extra jostling of the sperm and egg causes damage. Scientists cautioned that physicians should inform patients that having children via IVF, including by sperm injection IVF, could increase the chance of them having babies born with birth defects. At the same time, scientists noted that male fertility treatments are safer now than when the study began, which could mean that the increased risk of birth defects is no longer a factor.

In the United States, 146,000 IVF attempts resulted in more than 60,000 babies born in 2009. Of those, three-quarters used the sperm injection method. If you live in the U.S. and believe that your child's birth defect is due to this type of fertilization treatment, you might consider filing a medical malpractice suit. You could argue that your physician had a duty to inform you, the patient, about the risks of a course of treatment. Did your physician, in describing the sperm injection method, fail to inform you that the risk of having children this way was higher increased the chances that your baby could be born with a birth defect? Had you known, you might have decided on a different type of fertility treatment than the sperm injection method decrease the risk of birth defects.

In his or her defense, your physician might argue that there was not enough information, within reasonable access, about the increased risks of birth defects. Also, as always, you would need to prove that the fertility treatment was at fault, as opposed to exposure to certain toxins or prescription medications.

Continue reading "Researchers Find That Male Fertility Treatments Are More Likely to Cause Birth Defects" »

A renowned specialist in Australia claims that an inexpensive therapy can cut the rate of babies born with cerebral palsy by one third. Nadia Badawi, professor of cerebral palsy at the Cerebral Palsy Alliance, states that magnesium sulfate -- often known as "Epsom salt" -- produced results in cases where a baby that had gestated for less than 30 weeks was about to be born.

The reduced rate of cerebral palsy was discovered during a Cochrane Review of five clinical studies in 2010. The Review findings were later endorsed by the National Health and Medical Research Council, which determined that magnesium sulfate was most effective in cases where the mother received it intravenously and the premature birth was expected in 24 hours or less. It is believed that the health benefits of magnesium sulfate come from its neuroprotective effect on the brain. By preventing post-hypoxic brain injury by blocking an excess release of glutamate, it prevents damage to both the fetal and the newborn brain.

Despite the positive findings, many Australian hospitals continue to not provide the option of magnesium sulfate treatment. Professor Badawi believes that this was due to a lack of people to supervise the women receiving treatment. She suggests that each hospital consider employing a part-time midwife to oversee the therapy.

So far, not enough women have received magnesium sulfate therapy to determine its overall effectiveness. Another study in progress will determine the effect of magnesium sulfate on babies born at 30 to 34 weeks of gestation. If the results are similar to those already found, Professor Badawi believes that it could amount to 5,000 more babies born without cerebral palsy each year.

More than 600 children in Australia are diagnosed with cerebral palsy each year, with nearly half of cases coming from premature birth. By contrast, more than 8,000 babies and infants here in the United States receive the diagnosis each year. Cerebral palsy has multiple causes, most linked to a brain injury before or after birth. Pre-term cerebral palsy can come from premature birth, low birth weight, or inability of the placenta to provide the fetus with proper nutrients. Cerebral palsy can also come from mistakes made during the birth, such as the physician depriving the baby of oxygen for too long during delivery. Those with cerebral palsy frequently have difficulty controlling their muscle movements or posture. So far, there is no indication that magnesium sulfate therapy has been tried in the United States. However, if the benefits are shown on a wider basis, the therapy could be used all over the world.

Continue reading "Australian Findings Show That Magnesium Sulfate Therapy Can Cut the Rate of Premature Births By One Third" »

Employees at the Orange County Social Services Agency and Sheriff's Department had long feared that their work environment was toxic -- literally. Now new test results of the site appear to confirm their worst fears. Tetrachloroethylene, a toxic chemical used in dry cleaning and for degreasing equipment, was found underneath the building. Breathing it over a long period of time can lead to liver and kidney damage, or cancer. The two-story building houses 550 employees.

The testing was prompted by two lawsuits that blamed toxins around the building for health problems. Originally, in the 1970s and 1980s, the building's land was used to manufacture oil drilling equipment. The office building was constructed later, and in 1993, the Social Services Agency moved in. In 2009, employees on the first floor began to complain of a stale odor. An industrial hygienist was brought in to perform tests, and in August 2011, an air quality test followed. Although the county claimed that the building was safe, employees believed otherwise.

One worker, Luisa Fernandez-Vasquez, began experiencing severe headaches in 2005 and was ultimately diagnosed with multiple myeloma. She retired early and did not make the connection between her illness and the building until learning of the land's former use in 2011. Another worker, Sarah Kirk, gave birth to a son with severe birth defects in 2002. His birth defects included epilepsy and cerebral palsy. Kirk later moved to a different location while still working part time for the county, and gave birth in 2005 to a healthy girl.

Kirk, Fernandez-Vasquez, and other current and former employees believe that the building should be shut down. The county will be conducting additional testing, and a separate method of testing that the plaintiffs prefer will be conducted in mid-March. The previous owners of the land are named as defendants in one lawsuit.

If you have a child with severe birth defects and suspect that it was due to the toxins in your work environment, you could file a lawsuit like the employees in Orange County. To have the best chance at success, you would need to be able to provide strong evidence that toxins around your work site, not from another source, were responsible for the birth defects. This evidence could come from actual site inspections, such as the one the county recently performed, as well as from an already existing paper trail and/or accounts from other people who worked in that environment. From there, you could file a lawsuit against the former landowner for not cleaning up the toxins. You could also file a lawsuit against the current owner if they knew or should have known that there were still toxins at the work site that could harm people long term, but failed to warn employees. Then there is also the option of filing a suit against the government body charged with protecting you from these toxins -- if it was the body's duty to routinely inspect the site and it failed to do so. Or if it did inspect the site, it failed to warn employees of the dangers found.

Continue reading "Contaminants Found On Land Near Orange County, California Office Building That Are Linked to Cancer and Birth Defects" »

With every birth, there is the risk of birth defects. However, some birth defects can be prevented through a medical pre-screening, which allows couples to learn their child's risks ahead of time and plan accordingly. For couples not given the option of pre-screening, they are responding in a way that is sure to get their physicians' attention: wrongful birth lawsuits.

Wrongful birth and wrongful life lawsuits have been multiplying for the past 20 years all across the world. The idea behind these suits is that genetic screening has become such an accurate and customary approach, any doctor who fails to perform them, or withholds some of the results, has committed negligence. Couples who file wrongful birth lawsuits usually seek a monetary award to pay for the expenses of raising a child with a disability -- often a severe one.

Not surprisingly, these suits have drawn criticism -- in part because couples involved argue that they were deprived of the option of aborting fetuses with birth defects that were too severe. Critics argue that these suits force the law to place less value on the lives of the disabled, or that the parents are claiming that they wish their child had never been born. Those in favor of wrongful birth suits argue that physicians should be held accountable in court for errors and oversights that are preventable. They state that the parents pay for the physician's mistake while the physician pays no penalty.

In some respects, wrongful birth lawsuits have long existed -- they are simply known as medical malpractice suits. A medical malpractice suit is filed when a physician commits any medical error -- including one involving birth errors -- that is thought to be preventable. A wrongful birth lawsuit differs from many medical malpractice suits in one respect, in that ones involving birth focus on errors in the labor and delivery, not in the pre-birth screening. As genetic screening becomes even more refined and common, wrongful birth suits may become more established. Right now, their success rate is unknown.

If your child has a birth defect, and you believe that your physician should have informed you after the genetic screening, you could file a medical malpractice suit that focuses on wrongful birth. However, you could also file a medical malpractice suit if you believe that the birth defect (such as cerebral palsy) was the result of preventable physician error during the birth. You could also file a suit if you believe that your physician prescribed birth defect-causing medications without informing you of the risks. You could even file a products liability lawsuit against the drug manufacturer if you believe that medication was responsible for your child's birth defect. As with wrongful birth, the parents' goal is generally to seek a monetary award that can help pay the costs of their child's upbringing.

Continue reading "Parents Who Were Never Informed of Birth Defects During Genetic Screening are Turning to Wrongful Birth Lawsuits" »

Is it more risky to have a midwife deliver your baby than a physician? While it is common to assume so, many midwives are highly trained and licensed nurse-midwives who practice in hospitals and medical clinics. Aspiring midwives attend midwifery education programs accredited by the American College of Nurse-Midwives and then later take an examination administered by the American Midwifery Certification Board. They frequently collaborate with physicians on a number of cases, including high-risk pregnancies. Yet what happens when a midwife delivery goes wrong?

This was the case last month, when a midwife in Concord, New Hampshire settled a lawsuit for $730,000 after a delivery gone wrong resulted in the baby being born with a severe brain injury. Sarah Sadowski, the mother, accused Jeanne Browne, founder of the Concord Birth and Wellness Center, of not giving her proper care during the course of her pregnancy. Even though she showed several risk factors, Browne never referred her to an obstetrician. She also did not send Sadowski to the hospital when the baby showed no signs of a heartbeat in utero. Even after birth, when the baby still had no heartbeat, Browne did not call for an ambulance. As a result of her medical mistakes, the Sadowskis' baby spent 21 days in the hospital and now suffers from cerebral palsy. Of the $730,000, $386,000 will be put in a trust for the girl so that she does not lose her Medicaid eligibility. Most of the rest will go to pay attorney's fees and Medicaid reimbursement for expenses incurred after the birth.

It is not clear whether Browne carried malpractice insurance. Midwives are not required to in the state of New Hampshire, but many choose to do so. Several insurance companies will not cover midwives who do not carry malpractice insurance.

What this case illustrates is that even though midwives are not physicians, they are medical professionals who can be sued for malpractice when a baby suffers from birth trauma after a delivery gone wrong. In a malpractice suit, you would argue that the midwife owed you a duty of care to provide as safe a delivery as possible, that the midwife breached this duty by making a mistake that was preventable, the mistake caused you injury, and you suffered damage in the form of your child's birth defect. People who sue for malpractice can potentially get damages (a money amount) for medical expenses, pain and suffering, and more.

A hospital or physician who employs the midwife can also be sued under the "vicarious liability" theory. With vicarious liability, an employer is found to be liable for the mistakes of his/her employees -- as long as the employee made the mistakes while performing his/her regular job duties. Therefore, in the case of a midwife who makes a medical error, the hospital or physician could be held responsible for his/her mistake.

Continue reading "Are Midwives Held to the Same Standard as Physicians When a Birth Goes Wrong?" »

While cerebral palsy remains a challenge, there are many stories of individuals and communities rising up to help those with the disability. One comes from Butler County, Kansas, where a camp for children with cerebral palsy has avoided the auction block, for now. The 151-acre Jaycees' Cerebral Palsy Ranch, which was founded in 1964 and has served 12,000 children, was in serious danger of going out of business due to a decline in Jaycee member donations over the years. Once members of the community knew the camp's situation, the former Jaycees and other camp supporters combined to donate $12,000. The camp still needs to earn $53,000 to meet its goal of $65,000 in 45 days. Even so, the camp's Board of Directors are feeling much more positive about its long-term outlook, and many former Jaycees have pledged to make more donations.

In another story, an electrical engineer announced back in March that he would try to make the Amazon Kindle more accessible for his little sister with cerebral palsy. Because cerebral palsy makes motor functions difficult, many have difficulty using the Kindle's small buttons. The engineer, Glenn, therefore decided to create a "FrankenKindle." He recently posted the results of his work on YouTube: the FrankenKindle has larger buttons and a five-way keypad. Its interface was based upon the V.Reader, which his sister found easier to use, but was strictly for children's books. While the FrankenKindle looks less elegant than a regular Kindle, the most important thing is that it works.

Cerebral palsy can be the result of many different factors, including low birth weight, premature birth, deficiencies in the placenta, a bacterial infection, and a lack of oxygen during the birthing process. People with cerebral palsy may have problems with mobility, difficulty speaking and swallowing, problems with hearing and sight, and learning disabilities. While many people have risen to help those with cerebral palsy, as shown by Australia's National Cerebral Palsy Week, it remains challenging and expensive for any family whose child has this disability.

One cause of cerebral palsy is oxygen deprivation at birth. This can be caused by the doctor's failure to properly deliver the baby through the birth canal. If you believe that this could be the cause of your child's cerebral palsy, you might consider filing a medical malpractice lawsuit. To successfully file a suit, you would need to prove that the doctor owed you a duty of care, that the doctor breached that duty through unreasonable behavior, that the doctor's behavior caused you to suffer an injury, and the result was damage in the form of your child's cerebral palsy.

Proving that your doctor owed you a duty of care would not be difficult, because it is established by law. Furthermore, proving breach of duty may be easier than if you were trying to establish it for a non-professional, because doctors are held to a heightened standard: he or she must use the skills and judgment of a reasonable doctor in that same field. Where you might have difficulty is proving that your doctor's actions were responsible for your child's disability. You would need to rule out other factors, such as an infection or premature birth. You would also need to prove that your doctor's actions were unreasonable, and that a reasonable doctor in his position would have acted differently.

Continue reading "Kentucky Camp for Cerebral Palsy Avoids Closure, While Brother Makes His Sister a "FrankenKindle"" »

In Australia, this week is National Cerebral Palsy Awareness Week. It was created to not only celebrate the achievements of those born with cerebral palsy, but also to promote more inclusion for those with cerebral palsy and other disabilities.

Activities include a wheelchair soccer session, an "ABBA Extravaganza," and CP Week Community Excellence Awards. Diane Heggie, President of Cerebral Palsy Australia, declared: "National Cerebral Palsy Awareness Week highlights that with the right support people with Cerebral Palsy can and do reach their potential, despite the economic, physical and attitudinal barriers often faced."

Cerebral palsy has several different variations. It includes spastic cerebral palsy (muscle stiffness and permanent contractions), athetoid or dyskinetic cerebral palsy (uncontrolled, slow, writhing movements), and ataxic cerebral palsy (poor coordination and balance). It affects one in 500 Australians, with the result being that 34,000 Australians currently live with the disability. By contrast, 1.5 to two million children and adults have cerebral palsy here in the United States. While there is no U.S. equivalent of National Cerebral Palsy Awareness Week, there are several American institutions devoted to understanding and promoting awareness of cerebral palsy. These include United Cerebral Palsy, which "educates, advocates and provides support services to ensure a life without limits for people with a spectrum of disabilities," and the American Academy for Cerebral Palsy and Developmental Medicine, devoted to providing research and services for people with developmental disabilities.

Even though people with cerebral palsy have made great strides over the past decades, it remains a challenge both for the person and for his or her family. Care and treatment of someone with cerebral palsy can be time consuming and expensive. That is why many consider prevention to be key. Causes of cerebral palsy include a lack of oxygen during birth, a bacterial infection during pregnancy, an infection such as the German measles during pregnancy, low birth weight, and more. While most of these causes are beyond human control, some are the result of preventable errors.

If your child has cerebral palsy and you believe that it was the result of preventable medical error during delivery, you can sue your doctor for medical malpractice. To do so, you would need to show that he or she was negligent because he or she did not show the reasonable care that was expected of his or her profession. The doctor's lack of care led to an error that resulted in your child's birth defect. As a result, you wish to receive compensatory damages (money award) for medical expenses, pain and suffering, and more. In order to be successful, you must show that your doctor had the time, knowledge, and equipment to avoid the medical error, but failed to act appropriately. Hospital medical records can provide good evidence in support of your claim. A physician-patient privilege may prevent you from accessing them unless you claim physical or mental injury. If the privilege does not apply (which it likely would not in your case, since you are alleging an injury), most hospital records can be claimed via a subpoena for production of evidence. This is a court order requiring one party to appear before the court and produce evidence for use at a hearing or trial.

Continue reading "National Cerebral Palsy Week in Australia Seeks to Celebrate Achievement, Promote Awareness" »

While genetics and environmental factors can result in birth defects, another contributing factor may be a doctor's actions during the birth. Many babies who would otherwise be developmentally normal end up suffering from brain damage and other birth injuries as a result of medical error.

Recently, a Connecticut family won a $58 million award in a malpractice suit over their child's cerebral palsy. In 2003, the mother's amniotic fluid dropped by half, but their physician waited three days before performing a Caesarian section. Once he did perform the C-section, the family charges, he did so incorrectly. As a result, their son (now eight years old) cannot speak, eat, or walk. He also suffers from seizures. The family's attorney commented: "He is profoundly disabled and the parents have gone through hell." In 2005, they filed a medical malpractice suit. The jury awarded $8 million for their son's medical expenses and the rest for pain and suffering. It was the largest medical malpractice ruling in state history.

In addition to delays in performing Caesarians, physician medical error can consist of delays that lead to oxygen deprivation in the birth canal, or injury to the head or neck through inappropriate use of forceps and other instruments. Concern about the cost of resulting medical malpractice lawsuits has led states like New York to create a malpractice fund to cover birth injury lawsuits. Instead of hospitals covering birth injury costs, the state would pay any awards for malpractice lawsuits, saving hospitals an estimated $320 million per year. By contrast, states like Florida have sought to cap medical malpractice awards at $500,000, regardless of the injury and its effect on the person's quality of life.

While some babies are born with birth injuries that can be treated, others suffer from debilitating brain injuries that leave them unable to care for themselves. Babies in the latter category require years of care and treatment that have a significant impact on their families' finances and emotional well-being. If you believe that your child's cerebral palsy or other birth defect may be linked to a birth injury caused by physician error, you may be eligible to file a medical malpractice suit. First, you need to check whether the statute of limitations for your injury has run out. The statute of limitations is the amount of time you have to initiate a lawsuit after an injury has occurred. It varies from state to state. If you are still within the statute of limitations, you are free to file a lawsuit. In a medical malpractice suit, you would need to show that your physician breached his duty by acting negligently during the delivery, resulting in an injury to your baby. The challenge would be to prove breach and causation. First, you would need to establish that the doctor could have acted more reasonably, that his medical error was avoidable. Second, you would need to establish that those actions were the actual or proximate cause of your baby's birth defect. The longer you wait to file suit, the more difficult it could be to recall the events of the birth. However, authentic medical records could be used to reconstruct some of the details.

Parties in a malpractice lawsuit may agree to settle before the suit reaches court. However, if the parties cannot agree upon a settlement amount, the case will typically go before a jury. If the jury agrees that avoidable medical error caused your baby's injury, it may apportion the monetary award based on general and special damages. Special damages are meant to compensate for specific monetary losses that were caused by the injury, such as damaged property or lost wages. General damages compensate for nonspecific losses, such as pain and suffering. Depending upon the type of injury, as the Connecticut case shows, the amount of general damages can be very high.

Continue reading "Medical Errors Can Lead to Cerebral Palsy, Other Birth Defects" »