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Can Adoptive Parents File a Birth Injury Lawsuit?

Adopting a child can be just as exciting for the adoptive parents as giving birth to a newborn. By choosing to adopt, you may have questions for the adoption agency about the child’s medical history including information about the child’s birth and the prenatal care of the child’s biological mother. If your adopted child suffers physical impairments or delayed developmental milestones, you may wonder, “Is this related to a birth injury? If so, how do I file a birth injury lawsuit on behalf of my adoptive child?” Sometimes, adoption agencies fail to properly investigate the medical background of a child.

Depending on the circumstances of the individual case, adoptive parents may have claims for obstetrical malpractice for injuries to the adopted child if the case is filed in a timely manner. Each state in the United States has a statute of limitations, or SOL, which sets strict time limits within which a parent or guardian may bring a birth injury lawsuit against negligent healthcare providers. Additionally, adoptive parents may have claims for adoption negligence, also known as wrongful adoption, if they were negligently or intentionally misinformed about the health of their child.

If you suspect your adopted child suffered a birth injury, please call us to discuss your situation at 877-262-9767.

Study: Trunk Exercises May Improve Walking Ability in Children with Hemiplegic Cerebral Palsy

Children with hemiplegic cerebral palsy may find that their ability to keep an upright position or walk is difficult because their disability affects one side of their body. The body’s core muscles, surrounding the trunk and pelvis, are essential to supporting the body in its daily functions—such as maintaining balance and walking.

According to a new study, core stability exercises to improve trunk endurance may help hemiplegic cerebral palsy patients be able to walk. The study, from Cairo University in Egypt, analyzed 30 children with hemiplegic cerebral palsy that were randomly split into two groups. Both groups underwent a physical therapy program, however one group received additional core stability training. After 8 weeks of therapy, the group that received the extra core training showed significant improvement in trunk endurance and walking ability compared to the group that received predefined physical therapy alone. Additionally, the study found lateral trunk muscle endurance was significantly improved in the children who had the core stability training—suggesting that trunk muscles are only worked in a limited capacity in predefined physical therapy.

Illinois Lawmakers Work to Reduce Maternal Death Rates

In Illinois, more than 650 women have died of pregnancy related complications since 2008. Of the 73 maternal deaths in 2016, 42 women died between 43 days and one year after delivery, pointing to the importance of monitoring the health of mothers after they leave the hospital.  Illinois Rep. Robin Kelly (D) recently introduced the Mothers and Offspring Mortality and Morbidity Awareness Act (The MOMMA Act) to expand Medicaid coverage, establish emergency obstetric protocols, encourage training and create federal collection of data. There will be a hearing held in September 2018 to review this multi-pronged legislation to help end maternal mortality, particularly amongst African-American women who are at higher risk of postpartum complications. Sen. Dick Durbin (D) is also working on a bill to tackle the issue.

If you lost a loved one during the labor and delivery process, please call us at 877-262-9767.

Can Sleep Apnea Increase the Risk of Premature Birth?

According to a press release from the University of Australia, new research shows an association between poor sleep and premature birth. “Mothers suffering from obstructive sleep apnea, short sleeps and poor quality sleep…could increase the likelihood of preterm birth, and perhaps even stillbirth,” said lead researcher Jane Warland. In fact, good sleep during pregnancy may help prevent premature birth. The most significant finding Warland made after analyzing several maternal sleep studies is the relationship between premature delivery and maternal sleep apnea—with 4 out of the 5 studies demonstrating a connection between the two. Researchers hope this kind of information will encourage mothers-to-be to prioritize good sleep to protect the health of their unborn babies.

Attorney Lisa Weinstein Discusses “What Is Spastic Cerebral Palsy?”

People often ask me, “What Is Spastic Cerebral Palsy?” Spastic cerebral palsy results from damage to certain areas of the brain called the motor cortex (which controls voluntary movement) and the pyramidal tracts (which help send signals to muscles).  Damage to the brain can occur before birth, during delivery, or within the first few years of life.

Symptoms of Spastic Cerebral Palsy

While your child’s doctor can diagnose and help treat cerebral palsy, there are certain signs and symptoms parents may notice:

  • Stiff, jerky movements
  • Exaggerated movements
  • Limited mobility
  • Abnormal gait
  • Walking on tiptoes
  • Abnormal reflexes

Understanding the Different Types of Cerebral Palsy

There are several types of spastic cerebral palsy, classified based on the location of movement issues. These include:

  • Spastic diplegia: Muscle stiffness is mostly seen in the legs
  • Spastic hemiplegia: One side of the body is affected, the arm often stiffer than the leg
  • Spastic quadriplegia: All four limbs are affected, as well as the torso and face

If your child is affected by cerebral palsy as a result of malpractice, call us today at 877-262-9767 for a free consultation.

While the U.S. as a Whole is Dubbed the Deadliest Place to Give Birth in the Developed World, California Maternal Death Rates Have Fallen

According to the California Maternal Quality Care Collaborative, the Golden State has seen maternal mortality decline by 55 percent between 2006 to 2013. This stands in stark contrast to the national averages for the U.S., with a recent investigation by USA Today indicating that maternal death rates have steadily increased during that time. While California is the birth state for 1 in 8 infants in the U.S., it stands to make a large impact on the health of delivering mothers.

California’s efforts to cut their maternal mortality rate in half began with a look back at the history of prenatal care. By the 1960s and 70s (and holding true today), the U.S. prioritized infant survival over maternal care, as reported by NPR. In 2006, California formed a maternal mortality review committee to access details on how every mother had died over the previous five years. They found that two well-known complications, hemorrhage and preeclampsia, contributed to many of the deaths and could have been prevented through early detection, teamwork and practiced treatment plans. Today, the California collaborative brings standardized approaches to emergencies in maternity care, which include training drills for doctors and nurses and toolkits, similar to cardiac arrest crash carts, stocked with life-saving supplies. A study in the American Journal of Obstetrics and Gynecology found that California hospitals signing up to implement these toolkits saw a decrease in maternal morbidity due to hemorrhage by nearly 21 percent.

If you lost a loved one during the labor and delivery process, please call us at 877-262-9767.

 

Will Florida’s Medical Malpractice Damages Cap Affect My Birth Injury Claim?

A judge in Miami, Florida has ruled damage caps in a medical malpractice lawsuit are unconstitutional and unfair to injured plaintiffs. In a July 2018 ruling, Judge Jose M. Rodriguez refused to implement the 30-year-old cap of $350,000 in damages, labeling it as outdated. This decision may impact individuals and medical malpractice attorneys taking action in birth injury cases in the state of Florida, potentially allowing for larger awards to be distributed to injured plaintiffs.

If you or a loved one may have been affected by a birth injury, please call us to discuss your situation at 877-262-9767.

Early Symptoms of Cerebral Palsy

What are the earliest symptoms of cerebral palsy? Early signs and symptoms of cerebral palsy include difficulty feeding, behavioral problems, reduced muscle tone, developmental delays, and failure to reach milestones such as rolling over, sitting, crawling and walking.  Involuntary movements, muscle spasms, or paralysis of one side of the body are also noticeable symptoms of the condition. Often, cerebral palsy can go undetected for months or even years. By recognizing signs of the condition, parents can seek medical attention more quickly to improve their child’s symptoms.

If your child is affected by cerebral palsy as a result of malpractice, call us at 877-262-9767 to discuss your situation.

U.S. Named “Most Dangerous” Country to Give Birth in the Developed World

An investigation by USA Today found that the U.S. is the most dangerous place to give birth in the developed world. In addition to the thousands of birth injuries that occur each year, over 50,000 mothers are severely injured during or after childbirth, and approximately 700 cases result in death, according to the investigation. This is due to the fact that hospitals and medical workers do not always follow proper safety measures, such as monitoring hemorrhaging and hypertension. “Experts say that about 50 percent of the deaths of women from childbirth-related causes could be prevented if they were given better medical care,” said investigative reporter Alison Young.

 

If you lost a loved one during the labor and delivery process, please call us at 877-262-9767.

Survey: Medical Teams Must Practice Good Communication to Manage Hip Displacement in Children with Cerebral Palsy

Undiagnosed hip displacement in children with cerebral palsy may lead to physical impairments including difficulties sitting, standing, and walking. According to a survey of 84 Australian pediatricians and physiotherapists, diagnosing and managing hip displacement in children with cerebral palsy should be a shared responsibility. Further, clear communication between the teams of doctors, nurses, and physical therapists who monitor the child is paramount, according to the respondents. The study, published in the Journal of Pediatrics and Child Health, also suggested that pediatricians were less confident than physiotherapists in identifying gait impairments, which reinforces the importance of communication between multidisciplinary clinical teams.

If your child is affected by cerebral palsy as a result of malpractice, call us at 877-262-9767 to discuss your situation.

The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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