Category Archives: Birth Injuries

The Florida personal injury law firm Gilman Law LLP are experienced in handling all forms of birth injuries including: Erb’s (Brachial Plexus) Palsy, Cerebral Palsy and other birth injuries due to medical malpreactice, hospital negligence and more. Contact the Florida attorneys at Gilman Law LLP at one of our offices in Bonita Springs, Ft. Myers or Naples, we will fight for your legal rights anywhere in Florida.

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Birth Defects Report Urges All Newborns be Screened for Heart Birth Defects with Simple Test

Our Fort Myers Birth Defect Attorneys announce that reports show that an inexpensive, non-invasive and very simple test could detect severe heart birth defects in newborn babies within a day of birth, possibly sparing them from more serious complications later on. The test, known as pulse oximetry, can pick up cardiac birth defects in three quarters of the babies who have them within just 24 hours of birth, according to a review published this month in The Lancet.

Heart birth defects are a leading cause of death in newborns. But detected early, treatment can result in good outcomes. Unfortunately, only about half of all newborns with a cardiac defect are diagnosed before they leave the hospital.

Detecting Birth Defects

Pulse oximetry uses a sensor on the foot to measure blood oxygen levels, with measurements given instantly, in a digital display. Low oxygenation could indicate the presence of a congenital heart defect. Hospitals have long debated routine use of the test to detect heart birth defects, but its accuracy was held in question. Since 2011, four states in the United States have passed laws that require newborns to undergo pulse oximetry. The finding of The Lancet study could accelerate that trend.

Ft. Myers, Naples Birth Injury Attorneys

Ft. Myers, Naples Birth Injury Attorneys

Researchers at Queen Mary, University of London and the University of Birmingham, reviewed 13 studies involving more than 230,000 babies that evaluated the use of pulse oximetry to accurately detect heart defects in newborns. The study authors included newborns without symptoms who were screened for critical congenital heart defects that could kill the baby or require invasive procedures like surgery in the first 28 days of life.

According to the study, pulse oximetry showed an accuracy rate of 99.9 percent, and detected 76.5 percent of all congenital heart-defect cases and had a low false-positive rate of .14 percent. The risk of a false positive result was even lower when the baby was tested more than a day after birth, rather than within the first 24 hours

“The findings of this meta-analysis provide compelling evidence for introduction of pulse oximetry as a screening method in clinical practice,” the authors write. “The sensitivity of the test is higher than present strategies based on antenatal screening and clinical examination, and the false-positive rate is very low, especially when done after 24 hours of birth.”

About our Ft. Myers Birth Defect Lawyers

The Ft. Myers, Naples Birth Injury Lawyers of Gilman Law LLP represent victims of birth defects caused by medical malpractice, as well as exposure to defective drugs or other toxins. If your child suffers from a birth defect because of another’s negligence, please contact our firm to speak with a Ft. Myers, Naples Birth Defect Lawyer:

Contact a Ft. Myers, Naples Birth Defect Attorney

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Cerebral Palsy

Cerebral Palsy, Childbirth Brain Injury may result from Medical Malpractice/Negligence

Birth Injuries:
Erb’s Palsy | Childbirth Injuries

Cerebral Palsy is a disability resulting from injury to the brain before, during or after birth. The Florida medical malpractice attorneys at Gilman Law LLP have a great deal of experience representing the victims of Cerebral Palsy that is the result of medical malpractice. Our medical malpractice lawyers know how devastating a Cerebral Palsy diagnosis can be, and are aware of the emotional and financial costs of such medical malpractice. We are committed to obtaining the best possible financial results for the victims of medical malpractice and their families. If you or a loved one has been victimized by medical malpractice or medical negligence, we urge you to contact one of the Florida medical malpractice attorneys at Gilman Law LLP immediately. Our compassionate and committed medical malpractice lawyers are dedicated to helping the victims of medical malpractice that results in Cerebral Palsy get their lives back on track.

Was a Cerebral Palsy diagnosis for your child caused by medical malpractice?

Cerebral Palsy describes a group of disorders and brain injuries that affect movement control. There is not one specific cause of cerebral palsy, but it can be caused by injury to the brain before, during, or after birth. Very often, such injuries are caused by medical malpractice. The Cerebral Palsy medical malpractice lawyers at Gilman Law LLP will help determine the cause of your child’s condition. The medical providers caring for the expectant mother and the fetus are responsible to assure that they provide adequate care during the pregnancy, during labor and delivery, and immediately after the delivery of the infant. If a doctor or other medical staff fails to interpret and respond accordingly to the changing conditions of the fetus during labor or fails to act on changes in the mother’s condition during pregnancy, they may be found negligent and be held responsible for the child’s injuries.
Failure to perform a Cesarean section in the presence of fetal distress, failure to deliver the infant when the membranes have been ruptured for too long, and excessive use of vacuum extraction can all lead to serious medical malpractice birth injuries. Often, lack of oxygen to the brain or trauma to the head during labor and delivery can cause Cerebral Palsy. Some indications of lack of oxygen to the baby’s brain include: poor sucking after birth, seizures shortly after birth, floppiness of the baby, blue skin, poor breathing resulting in resuscitation, problems maintaining normal body temperature, meconium staining on the baby. Also, if your baby suffers from Cerebral Palsy and your water was broken for more than 24 hours before delivery or if you experienced bleeding or high blood pressure, there is a chance that medical malpractice caused your baby’s condition.

If you are unsure whether your baby has Cerebral Palsy, some signs include:

  • Lethargy, or lack of alertness
  • Irritability or fussiness
  • Abnormal, high-pitched cry
  • Trembling of the arms and legs
  • Poor feeding abilities
  • Low muscle tone
  • Abnormal posture, such as the child favoring one side of their body
  • Seizures, staring spells, eye fluttering, body twitching
  • Abnormal reflexes
  • Muscle tone may change gradually from low tone to high tone; a baby may go from floppy to very stiff
  • The child may hold his or her hand in tight fists
  • There may be asymmetries of movement, that is, one side of the body may move more easily and freely than the other side
  • Developmental delay, with skills such as rolling over, sitting up, crawling, walking and talking

The Florida medical malpractice attorneys at Gilman Law LLP have won many Cerebral Palsy cases and helped hundreds of families deal with the burden of their child’s condition. The victims of medical malpractice and their families often face a lifetime of financial and emotional turmoil, and our medical malpractice lawyers can help you get the compensation you and your child deserve. Please contact us for a free, confidential, no-obligation case evaluation.

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Childbirth Injuries

Childbirth Injuries Include Cerebral Palsy, Erb’s Palsy

Birth Injuries:
Erb’s Palsy | Cerebral Palsy

Childbirth Injuries can be caused by medical negligence at the time of birth and the attorneys at Gilman Law LLP located in Florida are experienced in childbirth injury litigation. Our medical malpractice lawyers know how devastating birth injuries can be, and are aware of the emotional and financial costs of such medical malpractice. Our personal injury law firm is committed to obtaining the best possible financial results for the victims of medical malpractice and their families. If you or a loved one has been victimized by medical malpractice or medical negligence, we urge you to contact one of the Florida medical malpractice attorneys at Gilman Law LLP immediately. Our compassionate and committed medical malpractice lawyers are dedicated to helping the victims of medical malpractice and birth injuries get their lives back on track.

If medical malpractice during labor or delivery caused a birth injury to your child that resulted from complications in the process of labor and delivery and from medical malpractice or negligence by the doctors and hospitals, you may be eligible for financial compensation. Childbirth injuries can cause a wide variety of problems for a newborn baby, ranging from mild to severe, and may mean a long road of medical care and emotional turmoil for a family. Parents may not know whether their child has an unpreventable birth defect, or whether the impairment was the result of medical malpractice or medical negligence. Our medical negligence attorneys can help families determine if a birth injury was not preventable, or if medical negligence or malpractice on the part of a doctor or hospital was responsible for the injury.

Each year, about 27 of 1,000 live births result in birth injuries, many of which are caused by medical malpractice or negligence. Delaying or failing to perform a needed C-section is a common cause of birth injuries, as is a physician’s use of excessive force during the delivery, or a miscalculation in the size of the baby. Another major cause of birth injuries is oxygen deprivation which occurs when the umbilical cord is compressed or twisted in the birth process. Mechanical trauma is another typical cause of birth injuries. Mechanical trauma may occur when the baby assumes an unusual position at the time of birth (buttocks rather than head first, for example) or when the baby is too large to easily pass through the birth canal easily. Birth injuries can also be the result of bleeding within the skull or brain, which can lead to long-term seizure disorders. All of these problems during labor and delivery can result in a variety of birth injuries, including:

  • brachial plexus. BPI can be caused by shoulder dystocia, where the baby’s shoulder is stuck behind the mother’s pubic bone during birth. The brachial plexus network causes the arm and hand to move. BPI children can have partial or total paralysis of the arms and hands.
  • Cerebral Palsy: A disability resulting from injury to the brain before, during or shortly after birth. In some cases, the injury is caused by low levels of oxygen suffered before or during birth. This can be the result of negligent medical care, or a mistake made by your doctor, midwife or nurse during the birthing process.
  • Brain Damage
  • Temporary Paralysis
  • Fractured Collar Bone

Childbirth injuries can be caused by a delay in performing a C-section or complication with a vaginal birth after a C-Section such as uterine rupture, use of excessive force during the delivery, or a miscalculation in the size of the baby. One major cause of birth injuries is oxygen deprivation which occurs when the umbilical cord is compressed or twisted in the birth process. The other main cause is mechanical trauma, which may occur when the baby assumes an unusual position at the time of birth (buttocks rather than head first, for example) or when the baby is too large to pass through the birth canal easily. Birth injuries can be the result of bleeding within the skull or brain, which can lead to long-term seizure disorders. Birth injuries have been reported to occur in 27 of 1,000 live births.

If your child has suffered a birth injury as a result of medical malpractice or negligence, please contact Gilman Law LLP for a free, confidential, no-obligation case evaluation. The Florida birth injury malpractice lawyers at Gilman Law LLP are ready to help you get the compensation your family deserves.

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Awards & Recognition

Our Florida Injury Attorneys have been recognized by numerous leading legal publications and are listed in the following:

Florida Accident Injury Law Firm Awards and Recognitions