Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Brachial Plexus injury is a medical term used to describe an injury to the brachial plexus nerves in the shoulders. Brachial plexus is also known as the Erb's Point. A brachial plexus injury is generally caused to an infant during pregnancy. Occasionally, during a pregnancy, the infant's shoulders will be caught behind the mother's pelvis, causing a medical emergency known as dystocia. When this occurs, a doctor needs to dislodge the shoulders and may rely on the use of forceps to pull the head of the infant. This maneuvering attempt can lead to brachial plexus injuries. These injuries range from minor, healing in 3-4 months, to severe, causing paralysis in the arm and shoulder of the infant. Also, some children born with a Brachial Plexus injury can suffer from Erb's palsy, Klumpke's palsy or Brachial palsy.

Symptoms of Brachial Plexus injury:
- forearms are turned in and wrists are bent
- limp arm, unable to be raised by he infant
- droopy eyelid on the side of the injury, known as Horner's Syndrome.

If you would like to read more on this topic see Brachial Plexus Injuries.

Continue reading "What Is Brachial Plexus Injuries to Children? What Are The Legal Rights of My Injured Child?" »

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Chelation is perhaps the best know “alternative” therapy for Autism. Defeat Autism Now, an influential Autism advocacy group, calls the treatment "one of the most beneficial treatments for autism and related disorders." Parents eagerly trade Chelation success stories on websites and chat rooms dedicated to the disorder. Chelation, as a treatment for autism and related disorders, has developed in response to the unproven supposition that Autism is tied to the accumulation of heavy metals, especially mercury, in the body. Treatment can vary considerably in its execution; forms include skin cream, pills, and even intravenous delivery of powerful medications designed to combat severe metal poisoning.

But skeptics argue that the test for heavy metals is itself faulty, as it is preceded by the delivery of a Chelating drug that causes the body to excrete heavy metals that naturally exist in the body. They argue that the Chelating drug actually increases the amount of trace metals found in the body, which are then “revealed” by the subsequent urine test. They further charge that the lab sends back results charted against a “normal” result that was obtained from someone who was never given the chelating drug.

Dr. Carl R. Baum, director of the Center for Children's Environmental Toxicology at Yale-New Haven Children's Hospital says that that is not a scientifically valid way to run a test. The American College of Medical Toxicology has become alarmed by the widespread use of this test and has warned parents and physicians that the test is widely misunderstood. They charge that proponents of the therapy rely on anecdotal evidence and have never run a well-designed study on the practice. Further, Chelation therapy in itself can be very dangerous, leaching necessary metals from the body and possibly causing cognitive and emotional impairment.

Read more about the controversy at Chelation based on faulty premise.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study, conducted by a doctor at University of Colorado along with other colleagues, reports that children, who die from over the counter cough and cold medicines, are often times very young. Directions on boxes and containers of OTC (over the counter) medications are very important. It is also important to read the counter-indications for such medications. When administered appropriately, over the counter medications are typically safely consumed by the child with little to no side effects. The medical study study reported in the Annals of Emergency Medicine determined that deaths that take place typically involve children under the age of 2 years old. Cough and cold medications and products can cause severe reactions, injuries, and death from toxicity.

You can read more about this story at Young Children Most at Risk for Toxicity from Over the Counter Cough and Cold Medications.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In 2005, the Georgia General Assembly severely limited an injured child’s, as well as injured adults, right of recovery in medical malpractice actions. With the passage of the Tort Reform Bill, the Georgia legislature limited recovery for pain and suffering to $350,000.00 against a health care provider such as a doctor or a hospital. In the event that more than one entity is named in a medical malpractice action, the child can recover $350,000.00 from each named defendant but can never recover more than $1,050,000.00.

While no recovery limit was placed on “economic damages” (damages for medical expenses and lost income), this limit on “noneconomic damages” will often leave a child without an adequate remedy for pain and suffering that could last for a lifetime as a result of medical malpractice that occurred when the child was quite young. There has been no appellate decision yet in Georgia affirming or overturning this statute. To read this statute see Official Website for the Georgia Leglislature.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A medical study recently released indicates that MRSA, otherwise known at methicillin-resistant Staphylococcus aureus, is on the rise in children. Nationwide, MRSA is reported to have risen as an infection in children's ear, nose, and throat infections. MRSA is problematic because it is a staph infection that is resistant to many antibiotics. MRSA does not respond to penicillin based antibiotics. The study collected laboratory data from 300 hospitals throughout the nation.

When a child suffers a wound or undergoes surgery, MRSA can and does complicate the child's medical condition. Since it is difficult to treat and can, in some cases, cause death, MRSA is a concern to parents, caregivers, medical providers, and child safety advocates. You can read more about the disturbing and dangerous trends of MRSA at Doctors Report Alarming Increase in MRSA in Children.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Associated Press has reported that a lawsuit has been filed by the parents of Heather Harkness for her wrongful death. The surgeon, anesthesiologist, and hospital were named as defendants in the lawsuit. Heather Harkness, age 16, died as a result of alleged medical malpractice during a surgery for appendicitis. Autopsy results indicate that the carotid artery was cut during the surgery.

The parents, David and Susan Harkness, alleged that Dr. Walter Bell was negligent during the surgery. Furthermore, the parents allege that Walter Bell was negligent in the past with other patients and that Integris Baptist Medical Center was negligent in allowing Dr. Bell to continue to operate and practice at the hospital despite these prior incidents and deaths.

You can read about this story at Parents File Medical Malpractice Lawsuit in Oklahoma for Wrongful Death of Teenage Daughter.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Studies conducted at Duke (North Carolina) University Eye Center and other facilities show that premature infants are at a higher risk for severe vision loss. It is vital that doctors identify those premature infants who are at risk for complications from ROP. Infants, who are premature with a low birth rate, should be identified by medical professionals. There is a small window of opportunity to identify and treat ROP. Otherwise, the child faces a lifetime of blindness and disability.

Laser treatment or cryotherapy can treat serious cases of ROP. In mild cases, some doctors chose to wait to let the condition resolve on its own. It is critical that the a doctor, experienced with ROP, effectively and efficiently identify risks and timely diagnose ROP in premature infants.

If you have a child who has suffered blindness (partial or whole) from ROP, a full review of the records by a Child Injury Lawyer and medical expert can determine if appropriate and timely medical care was provided. Many incidents of blindness from ROP are completely avoidable. Damages resulting from blindness are quite significant which include but are not limited to: medical expenses past and future, educational expenses, personal aide expenses, household assistance expenses, home modifications, transportation expenses, pain and suffering, loss of enjoyment of life, and the loss of services of the child to the parents.

You can read more about the Study at the Duke University Eye Center and other facilities at Early Treatment Helps Prevent Blindness in ROP Patients.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Retinopathy of Prematurity can cause partial or total blindness in premature infants / babies. Because it is a well known complication with premature births, the American Academy of Pediatrics (AAP) and the American Academy of Opthalmology along with the American Association of Pediatric Opthalmology recommend screening of all babies born prior to 32 weeks or weighing less than 3.5 pounds. Many hospitals lack doctors who specialize in ROP diagnosis and treatment. Even hospitals with a neonatal unit lack an experienced doctor specializing in ROP. Based on this shortage, guidelines for screening should be followed to screen for ROP and provide timely and consistent treatment to attempt to prevent serious permanent eye injuries to premature infants.

Remote screening is one way to deal with the absence of a ROP specialist at the hospital. The Ret Cam is a valuable tool that takes a digital image of the child's eyes. A neonatologist, who does not necessarily specialize in ROP, can direct the imaging and then send them off via computer / internet to a ROP specialist for review, diagnosis, and treatment recommendations.

Time is of the essence in diagnosing and treating ROP. Otherwise, a child can be permanently blinded as a result of delay and inattention. You can read more about recommendations for screening at American Academy of Pediatrics and Other Organizations Recommend Guidelines for Screening of ROP.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Every year, premature children are born. When a premature child is born, it is vital that doctors and nurses provide adequate and appropriate health care and monitoring to prevent the onset of known complications that can be prevented. Retinopathy of Prematurity, otherwise known as ROP, is one of these complications. What is Retinopathy of Prematurity? ROP is a disorder that is potentially blinding to premature infants who are born before 31 - 32 weeks and who weigh 2 3/4 pounds are less. ROP is one of the most common causes of loss of vision to infants. It was first diagnosed in 1942. You can read more about Retinopathy of Prematurity at the Official Website for the National Institute for Health - National Eye Institute.

Complications in the form of blindness from can be prevented in many cases. If parents have questions about the care to a premature infant who has developed ROP, the parents should consult with a Child Injury Lawyer to determine if the care provided met the standard of care and if the blindness could have prevented with better care.

By Stephanie Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

A San Diego, California jury awarded parents $16 million in a medical malpractice case where the parents’ child died during delivery. The parents alleged that the doctors not only committed medical malpractice but also concealed the baby’s true cause of death in the autopsy report. The parents claimed that they were told that their baby died of lung disease when in fact, the baby died of asphyxia caused by umbilical cord strangulation while the baby was lodged in the birth canal.

The parents sued two of the mother’s doctors and the hospital, Sharp Mary Birch Hospital for Women. The verdict was returned on December 5, 2008 following a nine week trial. The jury found that the hospital’s director of pathology committed fraud by making a false representation to the mother as to the baby’s cause of death. The trial court judge has affirmed the jury verdict. You can read more about this interesting case at Judge Gives OK to $16 Million Medical Malpractice Verdict.