Birth Injury
Our Medical Malpractice lawyers have years of experience handling medical malpractice cases. Our lawyers have appeared on CBS News, Good Morning America (ABC), Dateline NBC, and other news programs. Kathleen Flynn Peterson, Terry Wade, Chris Messerly and Peter Schmit have been consistently named "Super Lawyers" and "Best Lawyers in America." Year after year we have been recognized in publications listing top recoveries for people who have suffered serious personal injuries or economic harm from medical negligence.
The birth of a healthy child should be one of the most joyous and exciting times in a family's life. Pregnancy and delivery are experiences cherished by the parents of the newborn. Although the vast majority of babies are carried to term and born without complications, not all pregnancies or deliveries are uncomplicated.
Sometimes problems arise during the pregnancy. When they do, it is important to have a physician or nurse specialist who can recognize these birth injury problems early and take the necessary steps to ensure, if possible, a healthy baby and mom. Occasionally, emergencies arise during delivery that can become life threatening to the mother or baby. Without prompt and proper care, the child or mother might suffer a devastating birth injury.
A birth injury can be defined as any type of damage caused to an infant before, during or shortly after birth. Complications that arise during the course of pregnancy or labor can result in a wide variety of difficulties for a newborn baby. Birth injuries vary greatly. Sometimes birth injuries are a result of illness and trauma during pregnancy, genetic disorders, or reactions to drugs.
Some birth injuries can be attributed to the negligence of doctors, nurses or other medical personnel. All doctors and nurses ( See "Nursing Negligence" co-authored by birth injury lawyer Kathleen Flynn Peterson) owe duties to the patients they serve. When a doctor or other health care professional is determined to be negligent because of a medical mistake during the course of pregnancy or labor, it means that they have failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Failure to provide pregnancy, labor or delivery care that is outside the accepted standards of practice can result in significant birth injury, disability and even death.
If the doctor or other health care professional fails to monitor or to respond properly to certain situations that arise during the delivery, that individual could be considered negligent with regard to the duty owed to patients. A delivery medical team should monitor the mother and child throughout labor and delivery in order to be aware of any complications that may develop. Negligence of doctors, nurses, and other medical personnel can arise in any of the following situations:
- Failure to provide appropriate prenatal care and appropriate interventions during labor and delivery
- Failure to diagnose and treat an infection in the mother
- Failing to rapidly diagnose and treat preterm labor
- Failure to diagnose macrosomic (large) baby
- Failure to properly manage prolonged or postterm pregnancy
- Failing to respond appropriately to bleeding
- Placenta abruption
- Failure to treat maternal preeclampsia or infections
- A negligent management of labor and delivery or delay in delivery
- Failure to appropriately respond and intervene to non-reassuring fetal heart monitor changes and evidence of fetal distress. Misuse of a vacuum extractor or forceps during delivery
- Failure to perform a timely cesarean section (c-section) to remove a baby in distress
- Failure to successfully resuscitate and intubate newborn
Birth injuries can result in substantial harm suffered by the infant or mother. Common injuries during or after birth consist of brain damage, traumatic brain injury, seizures and mental retardation. Other birth injuries that can result from medical malpractice may include:
- Cerebral Palsy
- Perinatal asphycia
- Hypoxic ischemic encephalopathy
- Shoulder Dystocia
- Erb's Palsy / Brachial Plexus Palsy
- Sepsis / Infection
- Seizures
- Spastic Quadriparesis
Only a careful review of the medical records can determine the cause of injuries and whether the actions of the delivery team played a part in causing the birth injury. Our lawyers and nurses who handle birth injury cases have experience investigating medical mistakes and birth injury malpractice and have the resources to access the type of qualified medical experts necessary to review complicated birth injury cases.
If you or your child suffered a birth injury due to improper care during your pregnancy or at the time of delivery, perhaps we can help. You will be able to speak to a registered nurse who understands the complex issues of labor and delivery that can result in serious injury. Please call our lawyers who handle birth Injuries at 1.800.553.9910. You can also send them an e-mail by clicking on this link: contact us.
Selected Case Results from Robins, Kaplan, Miller & Ciresi L.L.P. Lawyers Handling "Birth Injury" Cases*
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to maintain adequate blood stock, procure emergency blood in a timely manner, and have blood available to treat an obstetrical emergency resulting in death of 36-year-old, first-time mother. (Read more)
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Verdict:
|
$4.6 million |
| Case Name: |
C.v. Monticello Big-Lake Hospital |
| Date: |
October 21, 2010 |
| Attorneys: |
Kathleen Flynn Peterson
|
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to properly monitor maternal and fetal status; to promptly notify physicians of fetal status, to initiate the nursing chain of command, to timely perform a cesarean section delivery and failure to inform patient of the risks associated with not performing a timely cesarean section delivery. (Read more)
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Settlement:
|
$3,700,000. |
| Case Name: |
Patient/mother father for baby v. Defendants |
| Date: |
Apr. 2008 |
| Attorneys: |
Kathleen Flynn Peterson
|
Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to properly monitor maternal and fetal status; failure to promptly notify physician of fetal status; failure to timely perform a cesarean section delivery so as to avoid serious and permanent injury. (Read more)
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Settlement:
|
$4,500,000 |
| Case Name: |
Patient/mother and father for baby v. Defendants |
| Date: |
December 2008 |
| Attorneys: |
Kathleen Flynn Peterson
|
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to properly monitor maternal and fetal status; failure to perform a cesarean section delivery in a time sufficient to avoid serious and permanent injury; failure to inform of risks inherent in not promptly performing a cesarean section; and failure to promptly recognized and respond to evidence of uterine rupture. (Read more)
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Settlement:
|
$5,000,000 |
| Case Name: |
Patient/mother & baby vs. Doctor Defendants |
| Date: |
Nov., 2006 |
| Attorneys: |
Kathleen Flynn Peterson
|
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Inappropriate use of Pitocin during labor, failure to perform a timely cesarean section and failure to have appropriate operating room personnel available for emergency cesarean section (Read More)
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Settlement:
|
$4,500,000 |
| Case Name: |
K vs. Clinic and Hospital |
| Date: |
August, 2005 |
| Attorneys: |
Terry L. Wade |
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Negligent delay in delivery resulting in cerebral palsy characterized by spastic quadriplegia and developmental delays. (Read more)
|
Settlement:
|
$3,300,000 including a structured settlement with a 15 year certain stream of monthly payments that will pay $25,154,661 during the child's anticipated life expectancy |
| Case Name: |
Jane Doe vs. Surgeon and Surgical Group |
| Date: |
February, 2004 |
| Attorneys: |
Kathleen Flynn Peterson
John F. Eisberg |
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to deliver fetus in the setting of fetal distress (Read More)
| Settlement: |
$3,160,000 |
| Case Name: |
E and Family vs. Dr. |
| Date: |
April 2004 |
| Attorneys: |
Terry L. Wade |
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to diagnose and treat signs and symptoms of cardiomyopathy (disease of the heart, not related to any other previous heart condition or problem, usually developing within the last month of pregnancy) resulting in pregnant, 33-year-old woman suffering cardiac arrest (heart attack) at defendant hospital during the emergency cesarean section delivery of her first child. (Read More)
|
Settlement:
|
$2,618,000 |
| Case Name: |
M. P. individually, and as guardian for his wife L.P., and their son, K.P vs. Hospital/Docs |
| Date: |
Fall, 2005 |
|
Attorneys:
|
Kathleen Flynn Peterson
John F. Eisberg
|
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to diagnose case against a pediatrician for failure to give certain genetic testing when it was ordered and where the infant was born with a severe genetic disorder called Fragile X.
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Settlement:
|
$1,700,000 |
| Case Name: |
K. vs. Pediatrician and Others |
| Date: |
Winter, 2005 |
|
Attorneys:
|
Terry L. Wade
Anne Workman
|
(Excerpts taken with permission from Minnesota Trial Lawyer Association’s (MTLA) “Minnesota Case Reports”)
- Failure to appreciate the signs of fetal distress, order any interventions, including giving patient oxygen, turning patient, or shutting off the Pitocin resulting in death of newborn. Read More