Child Birth Injuries https://www.childbirthinjuries.com/ Cerebral Palsy & Erbs Palsy Legal Resources Fri, 29 Mar 2024 20:23:40 +0000 en-US hourly 1 https://www.childbirthinjuries.com/wp-content/uploads/cropped-CBI_Icon_512x512-1-32x32.png Child Birth Injuries https://www.childbirthinjuries.com/ 32 32 The Alarming Decline of Maternity Care in Rural Areas and Its Connection to the Risk of Birth Injuries https://www.childbirthinjuries.com/blog/loss-of-maternity-care-in-rural-areas/ Fri, 29 Mar 2024 20:23:34 +0000 https://www.childbirthinjuries.com/?p=16474 The reduction of labor and delivery services in rural hospitals across the United States has become a pressing issue, one with dire consequences for maternal…

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The reduction of labor and delivery services in rural hospitals across the United States has become a pressing issue, one with dire consequences for maternal and infant health.

In recent years, more than 200 rural hospitals have closed birthing centers, leaving about 55% of these hospitals without labor and delivery services. As a result, mothers in rural areas must often travel 40 minutes or more to access maternity care.

This decline isn’t just a statistic; it’s a growing gap in the health care system that leaves expectant mothers in rural areas with fewer options and increased risks. One of the most concerning impacts of such minimal availability of maternal care is the increased risk of birth injuries and other complications.

The escalating closures of essential services in rural hospitals over the past decade highlight a deepening crisis affecting our most vulnerable populations.

In the face of such challenges, it’s crucial to know your rights and options. If your child suffered a birth injury, you may be eligible for financial compensation. Learn about the legal options available to you with a free case review.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

Financial and Workforce Challenges Cause Birthing Center Closures

The crisis in rural maternity care stems from complex issues. Financial challenges and staffing shortages in rural hospitals impact their ability to provide labor and delivery services effectively.

Maternity care requires physicians and nurses to be staffed around the clock to provide adequate quality of care. This leads to labor and delivery services costing hospitals much more than other services. In fact, around 33% of rural hospitals lose money from providing maternity care.

As a result, some labor and delivery physicians and nurses in rural areas may be paid less than hospitals in urban centers, causing staffing shortages that have only increased in recent years.

Reduced funding, understaffing, and other factors are driving up the risk of medical malpractice in these hospitals. This situation forces mothers to seek care from facilities that are less equipped or understaffed, which can lead to preventable injuries to both mother and child.

Did you know?

Around 40% of birth injury lawsuits claim that poor management of labor and delivery was a contributor to injuries. This often involves a lack of medical care professionals available to monitor for problems or severe complications.

This financial strain, combined with a national shortage of health care professionals willing to work in rural settings, creates a unstable situation where maintaining quality maternity care becomes unmanageable.

The Need for Immediate Action

The decline of labor and delivery services in rural hospitals is not just a health care issue — it’s a matter of health equity and justice. The rise in birth injuries associated with the lack of local maternity care services underscores the urgency of addressing this crisis, especially for families who are left managing the lifelong effects.

To combat this crisis, the Center for Healthcare Quality & Payment Reform recommends hospitals:

  • Attract and retain a dedicated maternity care workforce in rural areas with competitive pay
  • Hold insurance companies accountable for not paying for the cost of delivery services
  • Improve training for rural physicians and nurses to reduce errors and complications

Without quick and clear action, the health of mothers and babies in rural America will face serious risks.

Get Legal Help for Medical Malpractice and Birth Injuries

Too many mothers and their children are impacted by birth injuries caused by medical malpractice in understaffed and overcrowded birthing facilities. Every mother and baby, regardless of their geographic location or financial situation, deserves support.

If your baby was harmed during childbirth, filing a birth injury lawsuit may help your family get justice and compensation while holding the hospital accountable for your pain and suffering.

Contact our team at (800) 914-1562 now or get started with a free case review.

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Celebrating National Cerebral Palsy Awareness Month 2024 https://www.childbirthinjuries.com/blog/cerebral-palsy-awareness-month-2024/ Mon, 04 Mar 2024 18:30:23 +0000 http://www.childbirthinjuries.com/?p=15574 March is National Cerebral Palsy Awareness Month. To mark this special occasion, the Birth Injury Justice Center is sharing ways people can help celebrate and…

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March is National Cerebral Palsy Awareness Month. To mark this special occasion, the Birth Injury Justice Center is sharing ways people can help celebrate and spread awareness about cerebral palsy.

Learn how to get involved this month, whether by simply wearing the color green, calling for accessibility changes to support the cerebral palsy community, or helping loved ones access the support they need.

What Is National Cerebral Palsy Awareness Month?

National Cerebral Palsy Awareness Month is a month-long event celebrating people diagnosed with cerebral palsy and spreading awareness about the condition. During this time, those living with cerebral palsy are also encouraged to share their stories and support one another.

Cerebral palsy is a collection of neurological disorders affecting mobility and muscle tone. Sadly, this permanent condition is too often caused by preventable birth injuries like brain damage that can stem from negligence by doctors and other medical staff.

More than 1 million people are living with cerebral palsy in the United States, and 10,000 babies are diagnosed every year.

National Cerebral Palsy Awareness Month is a platform to educate the general public and encourage them to become allies for the cerebral palsy community. Allies are critical in advocating for inclusive spaces, continued research to find new treatment options, funding for wheelchair-accessible buildings, and more.

While the push for inclusive spaces is a year-round effort, National Cerebral Palsy Awareness Month is the perfect time to educate communities about this disability and the unique barriers people with cerebral palsy face every day.

Spreading Awareness About the Challenges of Cerebral Palsy

Cerebral palsy is a chronic condition, and there is no standardized treatment approach. This means that the disability can’t be cured, and people may need lifelong care to help them manage symptoms. As a result, many families face mounting expenses for ongoing treatment and financial strain when paying for adaptive equipment like wheelchairs and more.

Treatment for cerebral palsy may involve: 

  • Medication
  • Physical therapy
  • Speech therapy
  • Surgery

These treatment options can greatly improve the quality of life for people with cerebral palsy. However, more research is needed to advance and improve these options for families. As a result, Congressman Steve Cohen of Tennesee introduced the Cerebral Palsy Research Authorization Act last year to secure $5 million in cerebral palsy research funding.

“The lack of dedicated federal funding has limited any potential advances into the care and treatment of cerebral palsy. There is no standard of care for treating cerebral palsy, and very few health care providers specialize in treating adults with cerebral palsy.”
– Congressman Steve Cohen

Because so few health care providers have the training needed to treat cerebral palsy, people may have to travel to get expert care, adding even more financial stress to families.

This stress can feel incredibly burdensome, especially for those whose disability was caused by a medical mistake during childbirth. Thankfully, families may be eligible to seek legal help after their child’s birth injury, allowing them to fight for the financial compensation they need to cover the cost of cerebral palsy treatment and care.

With registered nurses on staff, our team is ready to support you with your child’s birth injury. Contact us now to see how we can help.

How to Show Your Support During Cerebral Palsy Awareness Month

Despite the challenges of cerebral palsy, it’s important to remember that a disability never defines someone and that we can all work alongside the cerebral palsy community to expand inclusivity.

There are many things you can do to spread cerebral palsy awareness. One of the simplest ways to show your support for National Cerebral Palsy Month is to wear green. This color is associated with growth, vibrancy, and renewal of life.

Here are a few additional ways to show your support for the cerebral palsy community:

  • Adjust how you speak about disabilities and avoid language like “handicapped,” which can be harmful to people with cerebral palsy
  • Ask local schools to incorporate inclusive curriculum like “Just Say Hi” programming
  • Donate to organizations such as the Cerebral Palsy Foundation to support the community
  • Encourage people to learn more about the condition in honor of National Cerebral Palsy Awareness Day on March 25 
  • Help advocate for increased accessibility accommodations in public spaces so people with cerebral palsy have more freedom
  • Join a cerebral palsy advocacy group to share your story and support others
  • Listen to the stories of those who live with cerebral palsy
  • Share photos and stories about cerebral palsy online
  • Support businesses that are allies to the disability community
  • Use #GoGreen4CP to raise awareness on social media
  • Write a letter to lawmakers to advocate for federal funding for cerebral palsy research using the GoGreen4CP template

If you are interested in supporting the cerebral palsy community year-round, consider joining a cerebral palsy support group. There are plenty of online and in-person support groups around the country where you can share your story and be there for others.

Since its start in 2006, National Cerebral Palsy Awareness Month has fostered strength and unity among the cerebral palsy community and will continue to do so for years to come.

Legal Help for Birth Injuries

If your child was injured at birth due to medical malpractice, help may be available. Our registered nurses and legal advocates are ready to help you understand if your health care team failed to prevent injuries that resulted in cerebral palsy.

Cerebral palsy lawsuits can help families hold negligent medical providers responsible for the harm they caused and help pay for lifelong medical care.

Find out if your family might be eligible by contacting us at (800) 914-1562 right now or getting a free case review.

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Pennsylvania Birth Injury Verdict Raised to $207.6 Million, Hospital Request for Retrial Denied https://www.childbirthinjuries.com/blog/judge-increases-pennsylvania-birth-injury-verdict/ Tue, 13 Feb 2024 15:52:53 +0000 https://www.childbirthinjuries.com/?p=16397 In January 2024, a judge increased a Pennsylvania family’s birth injury verdict to $207.6 million after the hospital asked for a retrial. The verdict was…

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In January 2024, a judge increased a Pennsylvania family’s birth injury verdict to $207.6 million after the hospital asked for a retrial. The verdict was initially decided in April 2023, awarding the family $183 million in their birth injury lawsuit against the Hospital of the University of Pennsylvania (HUP).

The hospital attempted to avoid paying the family by filing a retrial request. However, Philadelphia County Court of Common Pleas Judge Gwendolyn N. Bright rejected the motion and tacked on $24.9 million to the verdict.

“The defense is . . . failing to point inward to its own litigation strategy, strategic trial decisions, [and] serious credibility issues.”
– Judge Gwendolyn Bright

The result of this case is a beacon of hope for families impacted by avoidable birth injuries at the hands of negligent medical staff.

If you believe your child’s injury was caused by malpractice, you may be eligible for financial compensation, like this family. See what options are available for you with a free case review.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

Background and Details of the Birth Injury Case

In 2018, this Pennsylvania family eagerly awaited the arrival of their child. Sadly, their baby experienced severe brain injuries during delivery at HUP.

After witnessing several developmental delays, the child was diagnosed with cerebral palsy, a group of disorders affecting motor skills. The family believed their child’s injuries could have been avoided if the hospital had not delayed the baby’s delivery after discovering an infection in the mother’s uterus that, if left unattended, would impact both baby and mother.

They decided to work with a Pennsylvania birth injury lawyer to hold the hospital accountable for malpractice. Their lawyer said the “injury was entirely avoidable” in an interview with The Philadelphia Inquirer, and they fought to get the family the financial help they needed to care for their child.

A Birth Injury Verdict That Broke Records

The family’s long legal battle seemed to come to an end when the jury unanimously found HUP responsible for the child’s injuries.

The jury’s decision broke records in the state with the $183 million award to the family. The total included lifetime expenses for the child’s care, as well as compensation for loss of income and pain and suffering.

However, in an attempt to avoid paying the family, HUP requested a retrial.

“The reality is that HUP cannot fathom … the jury did not accept [their] point of view.”
– Judge Gwendolyn Bright

The judge overseeing the case rejected HUP’s motion and added $24.9 million to the already historical verdict for months of delay damages.

If your child suffered avoidable injuries, you may also be eligible for legal compensation. Get a free case review now to see how we can fight for your child’s future.

Navigating Birth Injury Claims: Why Early Legal Help Matters

Taking legal action after medical malpractice can feel incredibly overwhelming and riddled with challenges.

One of the significant hurdles in these cases is the often-delayed diagnosis of birth injuries. Unlike more immediate injuries, such as fractures or lacerations, some birth injuries may not manifest obvious symptoms until months or even years later, typically when developmental milestones are missed.

These delayed diagnoses can make taking legal action difficult if the statute of limitations (deadline) for filing a case has passed in their state. For these reasons, early legal and medical action is so important for families to get the help they need.

Get Legal Help After Your Child’s Birth Injury

The team at the Child Birth Injury Justice Center is dedicated to helping families impacted by birth injuries get the most compassionate assistance.

If your child was injured due to medical negligence, our advocates and on-staff nurses are standing by to connect you with expert birth injury lawyers in your state. In fact, our legal partners have helped secure more than $862 million for birth injury victims.

Don’t wait to pursue justice — call (800) 914-1562 or get a free case review now.

 

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Cerebral Palsy and Vision Problems https://www.childbirthinjuries.com/blog/cerebral-palsy-vision-problems/ Wed, 10 Jan 2024 13:30:22 +0000 http://www.childbirthinjuries.com/?p=14757 Vision problems occur in 75-90% of children with cerebral palsy, and 1 in 10 children with the condition are blind. This is because vision problems…

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Vision problems occur in 75-90% of children with cerebral palsy, and 1 in 10 children with the condition are blind. This is because vision problems and cerebral palsy are both typically caused by damage to the brain.

It is essential to get your child’s vision tested. With proper diagnosis, many cerebral palsy vision problems can be effectively treated, significantly improving a child’s healthy development.

While some critical vision treatments and aids can be expensive, you could be eligible for financial support if your child’s cerebral palsy stems from a birth injury due to medical negligence. Find out if you qualify by getting a free case review now.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

What Causes Vision Issues in Children With Cerebral Palsy?

Vision problems are often due to cortical visual impairment (CVI), a result of damage to the brain’s occipital lobe. This area processes and interprets visual information.

The occipital lobe is responsible for the following vision functions:

  • Determining depth, size, and distance
  • Identifying colors
  • Mapping out the visual world
  • Moving the eyes
  • Recognizing objects and faces

If the occipital lobe gets damaged, these important visual functions can be impaired, leading to light sensitivity, squinting, and blurry vision.

Damage to the occipital lobe can be caused by hypoxic-ischemic encephalopathy (HIE), which restricts blood and oxygen to the brain. Occipital lobe damage can also occur from asphyxia and head pressure or trauma.

All of these injuries are also considered causes of cerebral palsy. Therefore, vision problems and cerebral palsy often occur together. Additionally, children with spastic cerebral palsy have a greater risk for certain types of cerebral palsy-related vision problems.

6 Types of Vision Problems in Children With Cerebral Palsy

There are several common types of vision problems children with cerebral palsy experience.

Some cerebral palsy vision problems include:

  1. Amblyopia (lazy eye) happens when the brain’s connection to one eye is weaker than the other. Because the brain naturally favors the stronger eye, the weaker eye usually worsens. About 15% of children with CP also had amblyopia, according to a study in the British Journal of Opthalmology.
  2. Nystagmus occurs when there are involuntary and repetitive movements of the eye.
  3. Optic atrophy affects the optic nerve, interfering with the impulses from the eye to the brain. Damage to the optic nerve can cause vision problems such as blindness.
  4. Refractive errors include farsightedness, nearsightedness, astigmatism, and blurry vision.
  5. Squint (strabismus) is a condition that causes eyes to appear crossed due to weak eye muscles. It is the most common cerebral palsy vision problem, affecting nearly 53% of patients in the same study.
  6. Visual field defects create a blind spot in one or both eyes. About 11% of children with cerebral palsy experienced visual field defects, according to the study.

These are just some of the common vision problems children with CP may experience. An eye specialist can help identify and treat any type of cerebral palsy vision problem that your child may be experiencing.

Need help with your child’s cerebral palsy? Contact our nurses today to get answers to your questions and connect with useful resources.

Complications Associated With CP Vision Problems

The development of motor skills and the ability to move without significant effort is dependent on vision. Sight problems in cerebral palsy can make it difficult for children to move around, be curious, and explore their surroundings. This, in turn, can have lasting effects on other developmental milestones.

Additionally, cerebral palsy vision problems can interfere with the development of:

  • Cognitive function
  • Fine and gross motor skills
  • Language and communication
  • Play skills
  • Self-help skills
  • Social skills

Early detection of various vision problems can help your child get the treatment they need so they can get back to developing these important skills.

Diagnosis & Treatment for Cerebral Palsy Vision Impairment

If your child is showing signs of visual impairment due to cerebral palsy, it is important to get a diagnosis from an ophthalmologist, a doctor who specializes in eye and vision care.

The doctor will usually look at three areas of possible concern:

  1. Degree of sharpness in eyesight
  2. Physical movement of the eyes when aiming at subjects
  3. Processing of information that the brain receives

Treatment options for cerebral palsy vision problems will be based on the specific issues your child is facing.

Treatment may include:

  • Glasses and other visual aids
  • Regular optometrical testing
  • Vision surgery, in more severe cases

Studies have shown that correcting cerebral palsy vision problems significantly improves a child’s development. Therefore, it is essential to get a comprehensive evaluation to determine which options are best for your child.

Get Help With Cerebral Palsy and Vision Treatment

Cerebral palsy treatment, alongside treatment for co-occurring conditions like vision problems, can be expensive. But these treatments are crucial to improve your child’s quality of life and make managing their disability easier.

If your child’s cerebral palsy was caused by a preventable birth injury, you may be able to get compensation from a birth injury lawsuit. These lawsuits seek to hold medical staff responsible for failing to provide quality care by diagnosing, treating, or preventing the injury.

Find out if you are eligible by starting a free case review now or contacting our nurses at (800) 914-1562.

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Winter Activities for Children With Cerebral Palsy https://www.childbirthinjuries.com/blog/cerebral-palsy-winter-activities/ Mon, 11 Dec 2023 13:30:02 +0000 http://www.childbirthinjuries.com/?p=14952 Winter can present challenges for children with cerebral palsy, a disability affecting movement and muscle function. Due to varying levels of mobility, getting outside in…

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Winter can present challenges for children with cerebral palsy, a disability affecting movement and muscle function. Due to varying levels of mobility, getting outside in the ice and snow is not always possible. However, children with cerebral palsy need to stay active year-round. Learn some fun ways to get your child involved this winter.

The Importance of Staying Active During the Winter

Many families around the United States live in climates with cold, icy, and snowy seasons, making it more difficult to be active during the winter. However, it is very important for you and your loved ones to stay active even during the colder months, especially if your child has cerebral palsy (CP).

Benefits of regular exercise for children with CP include:

  • Easing some cerebral palsy symptoms such as spasticity
  • Helping with cognitive and behavioral development
  • Improving overall mobility
  • Keeping children engaged to ease co-occurring conditions
  • Maintaining serotonin levels, keeping children happy

Another vital reason for staying active during the winter months is that having a routine helps your child feel safe and secure.

When developing a winter exercise or activities plan, it is important to note that any activity should be adapted to fit your child’s abilities. You should also contact your child’s health care provider to discuss safe and effective activities tailored to their individual needs.

5 Outdoor Winter Activities for Children With Cerebral Palsy

Outdoor winter activities are a great way to spend winter days, especially when it has snowed. Being outdoors allows children to interact with others. It also gives them a chance to get vitamin D.

Learn about some outdoor winter activities that can be adjusted for your child’s abilities below.

1. Make Snowballs

Instead of encouraging snowball fights, which can be too aggressive or triggering for some children, you can throw snowballs at outdoor targets like rocks, walls, or trees. This provides exercise and can also help improve steadiness and focused attention.

2. Use Snow as a Sensory Tool

Encouraging your child to experiment with the cold and lightness of the snow can be a great sensory experience. Your child can also practice their vocabulary by saying winter-related words, such as frozen, cold, etc.

3. Go Sledding

Sledding can be a good activity because it gets kids moving and socializing. If your child cannot safely sled independently, you can attach a rope to a sled and pull them through the snow. Tobogganing is another option so your child is not on their own.

If you decide to go sledding, make sure to start on smaller hills first to avoid overwhelming your child or getting hurt.

4. Paint the Snow

Filling spray bottles with food coloring is a fun way to encourage creativity. Children who are hesitant to play in the cold snow may really enjoy the visual experience of painting it with bright colors.

5. Go Exploring in the Snow

Exploring in the snow can be an exciting adventure for your child. If they use a wheelchair, look into adding snow tires so they can still get outside and explore.

With a bit of creativity, families can adjust most activities as needed to adapt to their child’s abilities.

5 Indoor Winter Activities for Children With Cerebral Palsy

Sometimes, snow days call for indoor fun without spending time in the cold. Children with CP may also prefer to stay indoors if they don’t do well in lower temperatures. Luckily, there are plenty of fun and cozy indoor activities as well.

1. Make a Fort

Get blankets, pillows, sheets, cardboard, and clothespins together, and let your child use their imagination. Forts can be built in couches or between chairs. Once the fort is built, bring your child their favorite games, books, and snacks for an indoor campout.

2. Have a Scavenger Hunt

Collect items and hide them around your house for your child to find. These can be things your child can play with that don’t require a lot of supervision, such as winter-themed puzzles, books, and sensory toys. Your child can have double the fun by first searching for the items and then playing with them.

3. Create an Indoor Obstacle Course

Set up an obstacle course under tables, around chairs, and through blanket tunnels. Navigating their way around obstacles can help your child with CP develop motor skills.

4. Bake Snowflakes

Just as you can cut snowflakes out of paper, you can also make edible ones by shaping cookie dough into snowflakes using a cookie cutter. You can even decorate them with blue frosting, candies, or sprinkles to make them look frozen.

5. Make a Winter Sensory Bag

Making a bag filled with winter-like sensory items is a great way to allow your child to experience the cold and snow without going outside. You can fill a sealable bag with clear hair gel and refrigerate it to make it cold for your child to squeeze.

Adding sparkly ingredients like glitter will give the illusion of ice. Marshmallows or cotton balls can also be added for extra squishiness.

Parents can adjust any indoor activities to align with their child’s abilities just as they can with outdoor activities.

Other Fun Winter Experiences to Enjoy With the Family

Sometimes, it’s just more fun to venture beyond your own home or yard. Plan a trip with your child to make a winter’s day special.

Some fun ways to spend winter days include:

  • Checking out a winter farmers’ market
  • Driving around to admire holiday decorations and lights
  • Gathering blankets or coats and donating them to local charities
  • Going to see snow sculptures
  • Helping out at a local food bank (be sure to follow COVID safety guidelines)
  • Meeting friends at the local park
  • Visiting an ice skating rink
Did You Know

In 2023, more than 300 malls across the U.S. are creating sensory-friendly events for children to meet Santa and take photos. Find a participating mall near you at the Santa Cares website.

These experiences can help your child see things they usually wouldn’t see at home, opening their eyes to new ideas and creativity.

Whatever your child’s ability level, there are many ways to stay active year-round. With a bit of creativity and planning, winter activities for children with CP can be loads of fun for the whole family.

Get help with your child’s cerebral palsy by contacting our team of nurses and Patient Advocates today.

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1 in 5 Pregnant Women Experience Mistreatment From Medical Staff https://www.childbirthinjuries.com/blog/maternity-care-mistreatment/ Wed, 29 Nov 2023 12:20:37 +0000 https://www.childbirthinjuries.com/?p=16298 A recent 2023 report from the Centers for Disease Control and Prevention (CDC) revealed that 20% of women surveyed endured medical mistreatment during pregnancy and…

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A recent 2023 report from the Centers for Disease Control and Prevention (CDC) revealed that 20% of women surveyed endured medical mistreatment during pregnancy and delivery.

The CDC gathered data for the report from 2,402 women from diverse economic, racial, and geographical backgrounds.

Overall, the survey suggests that mistreatment and discrimination are common in reproductive health care, with higher rates seen in certain racial groups.

Women of color, as well as those without insurance or with public insurance, reported the highest levels of mistreatment.

Mistreatment during pregnancy can have serious consequences, potentially putting both mothers and their babies at risk for harm.

For example, an untreated infection in the mother could be passed to the newborn. Neonatal infections are a cause of cerebral palsy, which can lead to lifelong, severe disabilities.

If your baby was injured due to mistreatment during pregnancy or delivery, reach out to the Birth Injury Justice Center. Our compassionate labor and delivery nurses are here to provide the support and answers you need.

Call or chat with us now.

Nurse Beth Carter

Talk to A Nurse Now

Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.

What Is Considered Medical Mistreatment During Pregnancy?

Mistreatment in maternity care is different from abuse, but both are serious issues.

Abuse in a medical setting may involve physical, sexual, or verbal harm. It is sometimes considered medical negligence if it breaches professional standards of care.

Mistreatment often involves disrespecting the patient’s needs, leading to unmet medical care, which can harm both the mother and baby.

The forms of mistreatment reported in the CDC survey include:

  • Discrimination based on age, race, ethnicity, weight, income, or type of insurance
  • Not having privacy respected
  • Requests for help going unanswered
  • Threats of denying treatment
  • Unwanted medical procedures forced on patient
  • Verbal abuse, such as shouting or scolding by health care staff

Race and Insurance: Key Factors in Pregnancy Care Mistreatment

The two main factors affecting mistreatment that researchers revealed in the CDC survey were race and insurance coverage.

Out of all women surveyed, 1 in 5 reported experiencing mistreatment during maternity care.

Here is the breakdown by race among those who reported mistreatment:

  • Black: 30%
  • Hispanic: 29%
  • Multiracial: 27%
  • White: 19%
  • American Indian/Native Hawaiian/Pacific Islander: 18%
  • Asian: 15%

Regarding insurance coverage, the CDC found distinct differences in treatment experiences.

Women with no insurance reported the highest level of mistreatment, at 28%, followed closely by those with public insurance, like Medicaid, at 26%.

In contrast, women with private insurance experienced the lowest rate of mistreatment, making up 16% of that group.

Forms of Medical Mistreatment Experienced by Pregnant Women

Providing quality care during pregnancy, delivery, and after childbirth is essential not only for ensuring women receive the care they deserve but also for preventing negative health outcomes.

Here are ways medical mistreatment can affect women and their family members.

Discrimination

Discrimination during pregnancy care has been linked to various negative health outcomes and disparities.

Did you know

A 2022 BMJ Global Health study analyzed over 13,000 records and discovered a clear link between racial discrimination in maternity care and adverse pregnancy outcomes. This includes a higher death rate of mothers during childbirth among Black and Hispanic women.

Women surveyed by the CDC who reported experiencing discrimination at the hands of their health care providers said the behavior caused them to not ask certain questions or report concerns.

The reasons they cited for not reporting included:

  • Believing they were overreacting or “making a big deal” out of their situation
  • Embarrassment about their concerns
  • Fear of being labeled as a difficult patient
  • Feeling rushed or dismissed by their health care provider
  • Lack of confidence in their own concerns
  • Talked out of reporting by friends or family

This lack of trust and communication can be dangerous, potentially escalating to negligence or even medical malpractice if the mother or baby suffers from harm that could have been prevented with proper care.

Ignored Requests for Medical Help

Women who ask for medical help but don’t receive it may experience pregnancy-related complications, which can often lead to preventable birth injuries.

If a doctor’s lack of respect or poor communication affects a woman’s decisions about her health, she might not seek the necessary help. This can result in unaddressed medical conditions.

For example, many women surveyed with symptoms they wanted addressed during pregnancy chose not to report the symptoms to their midwives or obstetricians.

Various reasons stopped them from disclosing issues, including the fear of not being taken seriously.

During pregnancy and childbirth, this can cause serious problems like untreated maternal infections, injuries, difficulties with breastfeeding, postpartum depression, and, in severe cases, the death of the mother.

Threats or Withholding Treatment

Denying or threatening to withhold treatment is a serious issue in maternity care. It can unfairly pressure a woman into accepting treatments she’s not comfortable with.

Such threats are a form of emotional abuse, which can deeply affect mental health. The National Network to End Domestic Violence explains that emotional abuse can lead to anxiety, confusion, and feelings of guilt or shame.

Violating Privacy

Pregnancy, childbirth, and postpartum (the period after giving birth) are times when a woman is particularly vulnerable. It’s crucial that her physical privacy is respected.

A woman who has her physical privacy infringed on during maternity care or postpartum care may feel unsafe returning to the same physician.

If the experience is particularly harrowing, she may even develop post-traumatic stress disorder (PTSD), causing her to avoid medical care, which could lead to potentially adverse health effects.

What to Look for in Quality Maternity Care Providers

If you are pregnant and looking for a maternity care provider, be sure to research the quality of care at all potential facilities before making your decision.

High-quality maternity care providers should:

  1. Work in a facility that encourages respect for patients
  2. Employ a diverse staff with training in recognizing bias and avoiding stigma
  3. Strive to provide a high standard of health care for all women equally
  4. Ensure all patients feel heard and respected

Legal Help for Medical Mistreatment During Pregnancy

As federal data shows, the U.S. has a long way to go in providing high-quality, discrimination-free treatment for all pregnant and postpartum women.

Mistreatment in health care can lead to serious problems, sometimes resulting in medical malpractice.

If you were mistreated during pregnancy or childbirth, don’t stay silent. Your voice can make a difference. By speaking out, you help expose and combat health care inequalities tied to race and insurance coverage.

The Birth Injury Justice Center is here to provide support and guidance and connect you with the help you need. Call us at (800) 914-1562 or fill out this form to find out if we can help.

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New Device Could Help Avoid Shoulder Dystocia Complications https://www.childbirthinjuries.com/blog/device-could-prevent-shoulder-dystocia-complications/ Mon, 23 Oct 2023 16:51:28 +0000 https://www.childbirthinjuries.com/?p=16245 During delivery, shoulder dystocia can be a serious complication for both mother and child. It occurs when one of the baby’s shoulders is stuck behind…

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During delivery, shoulder dystocia can be a serious complication for both mother and child. It occurs when one of the baby’s shoulders is stuck behind the mother’s pubic bone or sacrum (the bone at the back of the pelvis).

If the medical team can’t get the baby out in time, the baby may asphyxiate (be deprived of oxygen) or suffer other severe injuries. Shoulder dystocia complications can result in Erb’s palsy and other conditions that will change the child’s life forever.

One Israeli doctor, concerned about the overwhelming 1.5 million cases of shoulder dystocia worldwide, developed a simple device — the Yaari Extractor — to help release a baby’s shoulders and prevent permanent birth injuries.

Did your child experience an injury after shoulder dystocia complications? Contact us now to see how we can help find resources for you and your family.

What Are Shoulder Dystocia Complications?

Shoulder dystocia is a dangerous condition that could result in serious birth injuries or even death of the child.

One family in the state of Georgia filed a lawsuit in August 2023 after the tragic death of their child due to delivery staff using excessive force during shoulder dystocia complications.

If handled improperly, it can lead to life-long complications caused by birth injuries, including:

  • Clavicular fracture: The baby’s clavicle or collarbone could be fractured due to shoulder dystocia and the force used to extract the baby.
  • Erb’s palsy: Erb’s palsy, also called brachial plexus palsy, is a type of arm paralysis caused by injury to the nerves that signal movement for the arm, shoulder, and hand. Each year, about 50,000 babies experience brachial plexus injury after maneuvers to release them from shoulder dystocia.
  • Hypoxic-ischemic encephalopathy (HIE): HIE is a type of brain damage caused by a lack of oxygen shortly after, during, or before birth. Babies who experience HIE may develop permanent disabilities such as cerebral palsy.

However, the new Yaari Extractor could work to prevent these conditions by quickly and easily turning the baby within the canal without causing any injury to the mother or baby.

The Yaari Extractor & Shoulder Dystocia

The Yaari Extractor was created by Dr. Abraham Yaari, an obstetrician-gynecologist (OB/GYN) with decades of medical experience, and medical device entrepreneur Aaron Feldman.

After talking to other professionals about shoulder dystocia and the problems it can cause, Dr. Yaari and Mr. Feldman launched FetalEase, the medical device startup that developed the Yaari Extractor.

The Yaari Extractor will be the first device to specifically resolve shoulder dystocia if it passes all clinical research studies.

How the Medical Device Will Release a Baby’s Stuck Shoulders at Birth

The Yaari Extractor has a flexible silicone sheath between two control arms. The physician can use the control arms to slowly position the sheath into the mother’s birth canal and around the baby’s shoulder.

They then turn the device slightly to free the baby’s shoulder from the mother’s pubic bone. The mother can then continue pushing the baby out naturally.

So far, the Yaari Extractor seems to be much safer than the current shoulder dystocia maneuvers used to shift babies until the shoulders are free. The device remarkably puts no pressure on the baby’s head or neck. In a birth simulator test, the pressure exerted on the mother was far less than other extraction maneuvers.

In 2022, a doctor in India used the device to deliver a 10-pound baby with shoulder dystocia. The doctor reported that both the baby and mother completed delivery without any injuries.

How Could the Yaari Extractor Affect Shoulder Dystocia Birth Injuries?

The Yaari Extractor can decrease the risk of shoulder dystocia birth injuries by freeing the baby’s shoulders before the baby suffers an injury from being trapped in the birth canal.

In other words, the Yaari Extractor could lead to:

  • Fewer babies lost to asphyxiation
  • Fewer babies who develop life-long disabilities due to asphyxiation and other shoulder dystocia-related injuries
  • Fewer severe long-term injuries

Despite the promising early study results, obstetricians continue to test the risks and effectiveness of the device. In fact, the Food and Drug Administration (FDA) approved the Yaari Extractor for clinical trials, which will begin this fall 2023.

Dr. Yaari and Aaron Feldman hope their device may be approved for widespread use in 2025 if the initial trials go well.

Help Is Available for Shoulder Dystocia Birth Injury Victims

Shoulder dystocia birth injuries can be costly to treat, especially if the injuries lead to lifelong consequences such as Erb’s palsy and cerebral palsy. Fortunately, birth injury victims and their families are able to seek help through legal resources.

By filing a birth injury lawsuit, families may be able to recover compensation and hold responsible parties, such as obstetricians, nurses, and hospitals that failed to identify and treat shoulder dystocia in time, accountable.

See how the Birth Injury Justice Center can help you by starting a free case review now or calling our advocates at (800) 914-1562.

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4 Ways Compensation for Cerebral Palsy Can Help Your Family https://www.childbirthinjuries.com/blog/4-ways-compensation-can-help-your-family/ Tue, 10 Oct 2023 14:13:34 +0000 https://www.childbirthinjuries.com/?p=16220 Each year, thousands of children are diagnosed with cerebral palsy, a group of disorders that affects the muscles and movement. Unfortunately, many of these cases…

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Each year, thousands of children are diagnosed with cerebral palsy, a group of disorders that affects the muscles and movement. Unfortunately, many of these cases could have been prevented, yet families are left without financial assistance to pay for their child’s care.

Government programs like Medicaid provide access to full-time nursing care either at home or at a facility, transportation, and more. However, due to lengthy Medicaid waitlists, many families are left without help.

In 2023, nearly 500,000 people are waiting to be approved for care services, meaning families are unable to afford the assistance they need.

Filing a cerebral palsy lawsuit can provide financial relief for families awaiting Medicaid approval, ensuring continuous support for their child.

If you’re unsure whether starting a birth injury lawsuit is right for you, learn about some of the top reasons people have filed for compensation for cerebral palsy.

1. Hold Negligent Health Care Workers Accountable

Filing a cerebral palsy lawsuit allows you to hold the negligent medical professionals who caused your child’s birth injury accountable.

Some examples of negligence include:

  • Failure to detect and properly treat an infection
  • Failure to detect signs of fetal distress
  • Not monitoring the mother’s or baby’s heart rate during delivery or labor
  • Not performing an emergency cesarean section (C-section)
  • Using too much force when using tools to deliver the baby

Birth injuries can be traumatic for both the parents and the child, and it may feel daunting to seek legal action. However, your story may help keep future families safe from medical negligence.

2. Cover Medical Expenses

Beyond seeking justice, the compensation for cerebral palsy you may get from pursuing a cerebral palsy lawsuit can help you pay for your child’s medical care.

It’s estimated that care for children with cerebral palsy can cost $1.6 million over their lifetime.

As people with cerebral palsy grow older, their care needs may change. They may need to receive regular physical therapy or get complex surgeries.

3. Afford Assistive Devices

Your child may need to use assistive technologies throughout their life, and a lawsuit could cover these costly devices.

Some assistive devices children with cerebral palsy may need include:

  • Braces or orthotics to stabilize feet and legs
  • Communication devices like hearing aids or writing aids
  • Vehicle modifications like motorized ramps or lifts
  • Wheelchairs, walkers, or other mobility aids

4. Access Education Assistance

Children with cerebral palsy may require extra support throughout their education. This may include tutors or additional school programming. While public schools are required to meet the needs of children with disabilities, parents may want to pursue other options.

For example, public school special education programs can be overcrowded, leading parents to pursue private schools or private tutoring to help their child. Families can afford these expensive services with the help of compensation for cerebral palsy.

Find Help Pursuing Cerebral Palsy Compensation Today

Navigating the resources you need for your child with cerebral palsy can be confusing, and pursuing legal options can feel intimidating. However, you’re not alone.

The Birth Injury Justice Center is here to help. We partner with some of the best birth injury law firms across the country who have helped families get settlements from cerebral palsy lawsuits.

If you suspect your child’s cerebral palsy was caused by an avoidable birth injury, you don’t have to suffer silently. Contact the Birth Injury Justice Center today to learn more about cerebral palsy lawsuits. If you qualify, we can connect you with cerebral palsy attorneys who can make the legal process as stress-free as possible.

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Maintaining Hydration in Enteral Tube Feeding: Tips for Patients and Caregivers https://www.childbirthinjuries.com/blog/maintaining-hydration-in-enteral-tube-feeding/ Wed, 09 Aug 2023 08:15:39 +0000 http://www.childbirthinjuries.com/?p=14127 Children with cerebral palsy and other birth injuries may be more likely to suffer from issues using their mouth, throat, and neck muscles, causing difficulties…

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Children with cerebral palsy and other birth injuries may be more likely to suffer from issues using their mouth, throat, and neck muscles, causing difficulties with chewing and swallowing. This means they may need support through enteral feeding tubes to get proper nutrition and hydration.

An enteral feeding tube is inserted directly into the stomach or brought through the nose and into the stomach in a procedure called a gastronomy. It sends food, medications, and water past the esophagus and right into the stomach.

Enteral feeding tubes are just one type of cerebral palsy treatment or accommodation you may need to make for your child.

Feeding tubes and related medical care can be expensive. Thankfully, you may be eligible for financial assistance if your child’s health condition can be linked to medical negligence. Contact us now to see how we can help.

The Risk of Dehydration With Feeding Tubes

Unfortunately, feeding tubes often come with an increased risk of dehydration. Hydration is often overlooked since feeding tubes primarily focus on caloric intake.

Some children who use feeding tubes may be nonverbal or have speech disorders, so they cannot effectively communicate that they are thirsty. They may also be unable to swallow water without the support of their feeding tubes. These factors can greatly increase their risk of becoming dehydrated, which can have serious consequences on their overall health.

For these reasons, it is very important that parents and caregivers maintain proper hydration throughout enteral tube feeding.

Why People With Cerebral Palsy Are More At Risk

Water allows our bodies to absorb essential vitamins and nutrients like B vitamins, vitamin C, thiamin, riboflavin, niacin, biotin, and more.

Children with cerebral palsy may be more prone to dehydration because some medications prescribed to manage symptoms can affect vitamin intake. For example, seizure medications may decrease the amount of vitamins absorbed by the body.

Additionally, water keeps joints, tissues, and muscles flexible to help with movement, according to the Mayo Clinic. Without proper hydration, muscle movements that are already difficult may become even more challenging.

Remember, proper hydration and vitamin levels are essential for all children with cerebral palsy, but especially for those needing further assistance through enteral tube feeding.

Providing proper care for children with CP can come with expenses many families weren’t expecting.

You and your family may be eligible for financial assistance if your child’s disability was caused by medical malpractice. This compensation can help pay for feeding tubes and other treatment needs. See if you qualify with a free case review today.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

How Do I Know If My Child Is Getting Enough Water?

The amount of water your child requires can vary depending on their age and weight. It is also important to consider any factors that may decrease your child’s hydration levels, such as living in a dry, hot climate.

According to the Children’s Hospital of Orange County, the general rule is half an ounce of water per pound.

Another helpful way to estimate how much water your child should have is to add 8 ounces of water for each year. For example, a 2-year-old child weighing 24 pounds should have between 12 and 16 ounces of water per day.

Parents and caregivers should closely monitor for signs of dehydration.

Some symptoms of dehydration to keep an eye out for include:

  • Changes in urine, such as dark yellow color and strong smell
  • Constipation
  • Dry membranes in the mouth
  • Mood changes like irritability, restlessness, and lethargy
  • No tears when crying
  • Sunken eyes

Depending on your doctor’s advice, incorporating foods with high water content can also help your child stay hydrated. According to Cleveland Clinic, foods with the highest water content include cucumbers, celery, zucchini, watermelon, strawberries, iceberg lettuce, and cauliflower.

Cerebral Palsy Feeding Tube Cleaning and Maintenance

An important part of maintaining an enteral feeding tube is keeping the device clean. One way to do this is through flushing, where water is sent through the tube before and after a feeding session.

Not only does flushing help keep the tube clear of blockages, but it also ensures all food, formula, and medications are delivered along with an additional hydration boost.

The type of water used to flush your child’s feeding tube can vary by their specific needs:

  • Tap water: Used when flushing a gastrostomy tube. Tap water is safe for most enteral feeding tube patients unless otherwise specified.
  • Purified water: Used when flushing a jejunostomy tube, mixing powder formula, diluting medications, or if your child has a weakened immune system.

Get Help Paying for Feeding Tubes and Other Equipment

Enteral feeding tubes and other accommodations can be expensive.

In fact, a 2001 study found that one year of using a feeding tube device cost more than $31,000. Adjusting for inflation, this cost is more than $52,000 annually.

These expenses, along with the cost of other cerebral palsy treatments, can be overwhelming for families.

In some cases, parents may be entitled to financial aid to help pay for treatments and other expenses. The average settlement for birth injury lawsuits is $1 million — a life-changing amount for families and their children.

Contact our Patient Advocates at (800) 914-1562 today to get connected with legal help.

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What Are the Differences Between Birth Defects & Birth Injuries? https://www.childbirthinjuries.com/blog/birth-defects-and-birth-injuries/ Tue, 18 Jul 2023 08:34:21 +0000 http://www.childbirthinjuries.com/?p=14969 The main differences between a birth defect and a birth injury are how and when the condition develops. Although these conditions can be mistaken for…

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The main differences between a birth defect and a birth injury are how and when the condition develops. Although these conditions can be mistaken for one another, it is very important to know the differences between birth injuries and birth defects to get your child the treatment they need.

Birth injuries develop before, during, or shortly after the birthing process. Physical trauma to a baby can result in a birth injury and, unfortunately, go unnoticed for years until the child fails to meet typical development milestones.

Birth injuries can be caused by medical negligence and affect 7 out of 1,000 babies every year.

Birth defects develop while the child is in the womb, often during the first trimester of pregnancy. They are usually detected before or right after delivery. Some birth defects have no particular cause, whereas others stem from external factors.

Learn more about the types, causes, and prevention of birth defects.

Common Types of Birth Defects

There are many common types of birth defects and each can vary in severity.

Birth defects affect 1 in 33 newborns in the U.S. each year, according to the Centers for Disease Control and Prevention (CDC).

10 most common birth defects are:

  1. Heart defects (pulmonary atresia, hypoplastic left heart syndrome, and more)
  2. Clubfoot
  3. Cleft lip and cleft palate defects
  4. Down syndrome
  5. Abdominal defects (gastroschisis and omphalocele)
  6. Brain and spinal defects (spina bifida, anencephaly, and encephalocele)
  7. Limb defects (missing fingers or otherwise smaller arms and legs)
  8. Muscle defects (diaphragmatic hernia)
  9. Esophagus defects (esophageal atresia)
  10. Eye defects (anophthalmia and microphthalmia)

Birth defects can affect any part of the child’s body. Depending on the type and severity of the birth defect, some children may experience lifelong impairments.

What Causes Birth Defects

The main difference between birth injuries and birth defects is the cause. Birth injuries are often caused by trauma during the birthing process, whereas birth defects only develop when the child is in utero during pregnancy.

Most birth defects develop within the first three months of pregnancy when the baby’s organs begin to form, according to the CDC. However, birth defects can still develop in the last six months of pregnancy.

Unfortunately, the causes of birth defects are unknown in most cases. However, the CDC states that some birth defects can be caused by a mixture of genetic and environmental (outside) factors.

Did You Know?

Some people who were exposed to contaminated water at U.S. Marine Corps Base Camp Lejeune in North Carolina during their pregnancy were more at risk of their child developing birth defects. Legal help is available for affected families. Contact us to see if you’re eligible.

Preventing Birth Defects

Many birth defects have unknown causes and sometimes cannot be prevented. However, there are certain steps parents can take to reduce the chance of birth defects.

Some ways parents can potentially reduce the risk of birth defects include:

  • Attend all prenatal checkups to monitor how the child is developing
  • Avoid alcohol, drugs, smoking, and secondhand smoke
  • Avoid hot tubs, saunas, and overheating
  • Consult your doctor to make sure any medications you are taking are safe during pregnancy
  • Get immunized as recommended by your doctor to prevent certain illnesses
  • Take folic acid supplements every day before and during pregnancy
  • Treat fevers higher than 101 degrees with medication recommended by a doctor

Remember to always talk with your doctor about taking any supplements or medications.

Resources for Families Affected by Birth Injuries

If you believe your child is showing signs of a birth injury or a birth defect, be sure to consult their doctor. Although many birth defects are diagnosed before the child is born, some may not be apparent until later on. Your child’s doctor will be able to determine if their condition is a birth defect or injury.

If your child is diagnosed with a birth injury, you may be able to file for financial assistance. This can be life-changing for families struggling to pay for their child’s care.

The Birth Injury Justice Center is here for you. We can connect you with top birth injury lawyers who will fight for the most compensation available to you.

Get a free case review today to learn if you qualify.

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