Chicago Medical Malpractice Lawyer Blog

Statistics show that six out of every 1,000 babies will be born with some type of birth injury. Often the most devastating birth injuries are those involving brain damage. When a baby suffers a brain injury, the expenses needed to care for child through adulthood are usually astronomical. For this reason, medical malpractice verdicts involving brain damage can also be very high since a substantial portion of these damages are for providing a lifetime of care to the child.

Last year, a Connecticut family filed a medical malpractice suit against their obstetrician after their son was born with cerebral palsy, a type of birth injury. Through their medial malpractice attorney, the family proved to the jury their obstetrician violated the standard of care in several ways during their son's delivery which included failing to deliver their son earlier based on reduced amniotic fluid or oligohydramnios. As a result of the obstetrician's negligence, the jury determined the baby suffered severe brain damage and returned a verdict of $58 million.

Continue reading "Birth Injuries From Medical Malpractice Challenge Everyone" »

Over ten years ago, the Florida legislature passed a statute capping or limiting non-economic damages in medical malpractice cases to $500,000. Wrongful death cases are capped at $1 million. The Florida Supreme Court, like many other state supreme courts before it, is asked to decide whether its cap on damages is constitutional under its state constitution.

In personal injury and medical malpractice cases, a plaintiff may recover both economic damages and non-economic damages. When someone suffers a serious personal injury, they must usually undergo extensive medical treatment and miss considerable time from work. Economic damages are used to recover these financial losses. However, the most significant damages in a serious injury case are often non-economic damages such as when someone suffers a spinal cord injury, a brain injury, or birth injury. In those instances, a plaintiff may seek compensation for pain and suffering and disability or loss of a normal life. In wrongful death cases, a surviving spouse or child is entitled to compensation for the loss of companionship, support, and affection they lost because their parent and/or spouse is gone.

The cornerstone of the tort reform movement is to cap non-economic damages in personal injury, medical negligence, and wrongful death cases. There are various justifications given by tort reformers for caps. The primary justifications given is that caps on damages purportedly prevent frivolous lawsuits, prevent runaway jury verdicts, reduce healthcare costs, and/or prevent doctors from fleeing to states with caps on damages.

Continue reading "Another State Supreme Court Decides Caps On Damages " »

"When parents put their children to bed at night, they trust that the crib they're using will be the safest place for them, outside of their arms." (Sen. Dick Durbin, IL.) As demonstrated by the recent federal recall of the nation' tops selling cribs, many cribs are not only unsafe, they may be deadly.

Crib Recall

On September 21, 2007, the Consumer Product Safety Commission announced the recall of about 1 million cribs sold under both the Simplicity and Graco name. The CPSC ordered the recall after the death of three children, seven infant entrapments, and fifty-five other incidents involving Simplicity cribs. The drop rail of these cribs can detach from the cribs frame, creating a dangerous gap that can entrap and suffocate a baby. The recall covers all cribs made by Simplicity from 1998 through May 2007, constituting the largest recall of full-size cribs since the formation of the CPSC in the 1970s.

Cribs covered in the Recall

The Simplicity crib models covered by the recall include: Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea and Pooh 4 in 1. The recall also involves Simplicity cribs using the Graco logo: Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in 1, Ultra 5 in 1, Whitney and Trio. Although these cribs were made in China, they were sold in department stores, children' stores, and mass merchandisers throughout the United States.

The CPSC is warning all parents and caregivers to check all Simplicity and Graco cribs to make sure the drop-side is installed right side up and is securely attached to the tracks in all four corners. For cribs that fall under the recall, the CPSC recommends that consumers contact Simplicity (888-593-9274 or www.simplicityforchildren.com) immediately for free repair kit with new hardware. Additional information on Simplicity crib recalls and other product recalls can be obtained at CPSC' website, www.cpsc.gov.

When to Contact a Product Liability Attorney

If your baby or a loved ones baby was seriously injured from a Simplicity crib, Graco crib, or other crib, make sure contact a personal injury attorney experienced in product liability cases. Unfortunately, many personal injury attorney lack the knowledge or experience to hanlde these complex tort cases. Accordingly, it is critical to investigate the attorneys background, experience, and results in complex tort cases.

Posted by Jason M. Kroot, Chicago Personal Injury Attorney of Kroot Law, LLC

The miracle of birth is among the happiest occasions any parent can experience. Although mostly deliveries go smoothly, others do not. When a medical mistake results in a serious birth injury, the consequences can be catastrophic for both the baby and the family.

Birth injuries can occur at any point during pregnancy, labor and delivery, and immediately after delivery. Some injuries will resolve over time, while other will be permanent.

Examples of permanent birth injuries include:

• brain damage
• cerebral palsy
• erbs palsy or brachial plexus injury
• fractures
• nerve injuries
• spinal cord injuries

The various conditions that can lead to birth injuries include:

• fetal distress
• preeclampsia
• hypertension
• meconium aspiration
• oligohydromnios
• maternal infection
• pre-term labor
• breech delivery
• nucal cord
• prolapse cord

Medical errors that can cause birth injuries include:

• failure to recognize or appreciate fetal distress
• failure to order a timely cesarean section
• inadequate suctioning of meconium / meconium aspiration syndrome
• failure to recognize or treat preeclampsia / hypertension
• poor communication amongst the medical team

Chicago Medical Malpractice Birth Injury Lawyer

For most people, the only recourse is to consult a medical malpractice attorney to determine whether the child' injuries resulted from malpractice. In that instance, the attorney can seek to recover compensation necessary to help ensure the child receives the best possible care for the future. If you believe your child may have sustained a serious birth injury as a result of medical malpractice, we invite you to contact the Chicago Medical Malpractice Office of Kroot Law, LLC, for a free consultation.

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