Chicago Medical Malpractice Lawyer Blog

A Maryland court of appeals recently affirmed a $4.1 million dollar medical malpractice verdict involving an alleged birth injury that resulted in brain damage to a baby boy. Assuming there is no additional appeal, the money will be used to provide for the child's basic needs over his lifetime. The medical malpractice lawyers who argued this case are to be commended, as they overcame a significant obstacle to winning the case based on the baby's underlying premature birth.

The child's mother was admitted to the University of Maryland Hospital while just 26 weeks along in her pregnancy. According to the family's medical malpractice lawyers, doctors should have performed an emergency cesarean after based, in part, on the mother had an infection. This was not done. As a result, they argue the baby suffered hypoxic ischemic encephalopathy or HIE--at type of oxygen deprivation. In doing so, the lawyers for the family convinced the jury that part, if not all, of the child's brain damage occurred as a result of oxygen deprivation from a delayed delivery rather than preexisting damage from prematurity.

Continue reading "Medical Malpractice Birth Injury Verdict Of $4.1 Million Affirmed On Appeal" »

A Kansas couple has recently filed a medical malpractice lawsuit, claiming two physicians and a hospital negligently cause a birth injury to their son, Jaxson, resulting in severe brain damage. Christy May was admitted for delivery at 38 weeks gestation. Her pregnancy had been unremarkable. After May was given medications to speed up delivery including Oxytocin, Jaxson began experiencing severe bradycardia or slowed heart rate. The May family contends Jaxson's heart was bradycardic for 40 minutes before he was eventually delivered by cesarean section. With a heart rate of 60 at delivery, medical staff began emergency measures to help Jaxson including chest compression. Before Jaxson was airlifted to another hospital, Jaxson was diagnosed with hypoxic ischemic encephalopathy--at type of birth injury that causes brain damage.

Hypoxic ischemic encephalopathy (or HIE) is a condition where the brain does not receive enough oxygen. This condition often refers to a lack of oxygen in newborns associated with labor and delivery complications, resulting in a birth injury. Within as little as five minutes, HIE begins killing brain cells. Once brain cells begin to die, brain damage ensues. This can cause intellectual disabilities, development delays, seizures, and cerebral palsy. However, damage from HIE is not necessarily limited to the brain. HIE can also affect other organs, including the heart, liver, kidneys, and muscles.

Continue reading "Medical Malpractice Lawsuit Filed Alleging Birth Injury After Oxytocin Given" »

On March 28, 2011, seventeen-year old Jennifer Olenick went in for a routine wisdom tooth extraction. During the procedure while under anesthesia, she began experiencing bradycardia in which her heart rate began to slow. Jennifer's oral surgeon and anesthesiologist allegedly failed to correct the problem and her condition worsened. Jennifer then went into cardiac arrest and later died from complications related to an apparent anesthesia error. Jennifer's family has now filed a civil medical malpractice and wrongful death lawsuit against the anesthesiologist and oral surgeon involved in the wisdom tooth extraction.

The medical malpractice suite alleges doctors failed to properly monitor the teen while under anesthesia and failed to properly resuscitate her after her heart rate dropped to 40 beats per minute. The lawsuit further alleges that as a result of the doctors' medical negligence, Jennifer suffered irreversible brain damage. The irreversible brain damage ultimately led to Jennifer's death ten days later. According to the Chief Medical Examiner, the central cause of Jennifer's death was hypoxia (or oxygen deprivation) that occurred while under anesthesia.

Continue reading "Medical Malpractice Suit Filed When Teen Died After Simple Tooth Extraction" »

Brain damage may result in a variety of ways, including medical malpractice, traumatic brain injuries, and illness. Brain damage can occur be "diffuse" or "localized." Diffuse brain damage can result from prolonged hypoxia (shortage of oxygen to the brain), poisonous substances, medication errors and/or overdoses, and neurological illness. Localized or focal brain damage can occur from trauma, stroke, aneurysm, surgery, or neurological illness.

Brain Damage Caused by Medical Malpractice

Brain damage or brain injury from medical malpractice can occur under a variety of circumstances, including:

• Birth injuries from oxygen deprivation
• Oxygen deprivation during surgery
• Medication errors
• Improper administration or mointoring of anesthesia
• Failure to monitor vital signs and respond to poor vital signs
• Improper treatment of existing brain injury
• Slip and fall injury in hospital from inadequate monitoring

Whether medical malpractice caused the brain damage or whether it simply occurred as a bad outcome is often a complicated questions. To determine whether malpractice occurred, it is critical to consult a medical malpractice attorney who has the knowledge, skill, and experience to effectively investigation and prosecute complex medical malpractice cases involving brain damage.

Effects of Brain Damage

The effects of brain damage can vary widely and may involve physical effects, cognitive effects, and emotional effects. Physical effects may include headaches, movement disorders, seizures, difficulty walking, sexual dysfunction, lethargy and/or coma. Cognitive effects may include changes in judgment, ability to reason, memory, and mathematical ability. Emotional effects may include mood swings, poor impulse control, agitation, low frustration threshold, clinical depression, and psychotic symptoms like hallucinations and delusions.

Extent of Brain Damage and Prognosis

The extent and effect of brain damage is often assessed through the use of neurological examination, neuroimaging, and neuropsychological assessment. Brain damage can be temporary or permanent. The location of the brain injury, extent of the brain injury, and overall health of the patient are important factors for predicting a patient' prognosis.

Rehabilitation for patients with a brain injury is also an important part of their recovery process. After the patient is stabilized, they may be transferred for rehabilitation therapy as an inpatient or outpatient depending on their condition and other variables. Patients are usually best managed in a facility that has a specialty focus in Brain Injury Rehabilitation. These patients may often need to relearn basic skills, including walking, talking, and bathing. The overall goal is to improve their ability to function as independently as possible.

For children with brain injuries, the extent and nature of the damage may not become clear for years. The child' ability to receive the best possible care can be vital to their prognosis.

Posted by: Chicago Medial Malpractice Attorney Jason M. Kroot of Kroot Law, LLC