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Category: Blog

Forceps and Birth Injuries

Forceps are medical instruments used during childbirth to assist in the delivery of a baby. While forceps can be a helpful tool in certain situations, they also carry risks, and improper use can lead to birth injuries. In fact, while forceps are only used in 1% of vaginal births, they account for about 30% of birth injuries, including skull fractures, seizures, bleeding in the skull, facial palsy, and brain damage.  In Florida, as in other...

Understanding Lack of Informed Consent Claims in Florida Medical Malpractice Cases

Informed consent is a critical component of the patient-doctor relationship. Among other things, informed consent emphasizes transparency and communication. It also represents a respect for the autonomy of the patient. As in many jurisdictions, the concept of informed consent plays an important role in Florida in medical malpractice cases.  The term “informed consent” means the process whereby a medical professional provides a patient with all pertinent information regarding their medical situation, the proposed treatment or...

How to File a Cerebral Palsy Lawsuit

What is Cerebral Palsy? Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and posture. It’s caused in utero or during birth by damage to the brain. CP can lead to various problems in motor function and sometimes results in seizures and difficulties in communication, learning, understanding and hearing. The causes of cerebral palsy can vary and might not always be definitively determined. Some situations associated with cerebral palsy include...

Signs of Midwife Negligence

The exact requirements, titles, and scope of practice for midwives can differ significantly from states and regions within the United States. Some places recognize certified nurse-midwives, while others have independent midwifery practices. In Florida, the Florida Board of Nursing requires its nurse midwives to complete a master’s degree in nurse midwifery or a post-masters program in nurse midwifery before going on to earn national certification through the American Midwifery Certification Board (AMCB). Some midwives in...

Neonatal Oxygen Deprivation

Oxygen deprivation during the birth process is one of the most common birth complications. It is estimated that 3 out of 1,000 newborns are affected. Different tools can be used by medical professionals to evaluate the severity of oxygen deprivation, clinically known as hypoxic-ischemic encephalopathy (HIE), in newborn babies. HIE is a condition characterized by decreased oxygen and blood flow to the baby’s brain before, during, or shortly after birth that can lead to neurological...

When Do Medication Errors Become Malpractice?

As we have written about previously, there are approximately 6,800 prescription medications available in the United States. In addition, there are countless over-the-counter drugs, health supplements, herbs and other concoctions used by the public regularly to treat their health problems. Given these large numbers, medical professionals make mistakes in the ordering and disseminating of these drugs and other healthcare-related products.  There is also the risk of negative interactions between medications and other products. It is...

Most Common Florida Emergency Room Malpractice Claims

Emergency room healthcare facilities like hospitals or free-standing emergency medical departments provide immediate care to patients suffering from a wide variety of problems – injuries from car crashes, heart attacks, animal bites, broken bones and strokes. The pace of emergency rooms is generally fast and frantic as medical professionals triage injuries and illnesses. The current disturbing trend in hospital staffing shortages has also had an impact. Lack of communication and fragmented medical care by various...

Nerve Damage and Medical Malpractice

Most surgeons are well-trained and able to provide a standard of care that is competent and meets applicable protocols. However, because of how closely they must work near a nerve or a nerve network, sometimes they damage a nerve.  Whether a doctor or medical professional is responsible for the harm arising from this nerve damage depends upon whether medical malpractice is involved. That is, did the physician meet the standard of care required? What Causes...