Michael J. Weiss Blog
Medical Malpractice: Is My Doctor Responsible?
Medical malpractice is professional negligence by act or omission of a health care provider and can happen in a number of ways. Common types of medical malpractice cases come from:
- Medication errors
- Surgical errors
- Birth injuries
- Misdiagnosis of cancer and other disorders
- Improper emergency room care
- Other medical mistakes.
If you or someone you know has been neglected or injured by your doctor or health care provider, you should speak with a medical malpractice lawyer to discuss your rights to obtain compensation for your medical costs, pain and suffering.
Medical malpractice cases can involve different health care providers, depending on your specific instance. The more doctors and nurses involved in your health care, the more difficult it may be to prove medical malpractice. Persons that may be found negligent include physicians, hospitals, nurses, anesthesiologists, pharmaceutical companies and others.
There are also different types of medical malpractice. Negligent acts or failure to perform an act that resulted in damage or harm can be considered medical malpractice. Common negligent acts can be:
- An error in your health treatment
- Misdiagnosis
- Improper medical care
- Defective medical device or technology
- Incorrect prescriptions
Regulations for medical malpractice vary by state. If you think you or your child is a victim, contact a medical malpractice lawyer to discuss your legal options. If you’re in located in the New Jersey or Pennsylvania regions, schedule a case evaluation today to see how we can help you.
How is Cerebral Palsy Diagnosed?
There are a number of symptoms that can indicate cerebral palsy. When a child has brain damage, there are different indications. Brain damage will affect your child’s alertness as well as their irritability. Many babies become abnormally fussy and cry in very high-pitched tones. Many times, children favor one side of their body over the other and arms and legs may tremble.
Diagnosis may be difficult, but signs of brain injury will appear within the first six months of the baby’s life. Low muscle tone and posture can indicate brain damage as well. Cerebral palsy is a form of brain damage and after six months, it’s apparent whether the child is adapting to life. Cerebral palsy children are slower to develop common milestones, such as rolling over, crawling, sitting up and walking.
Cerebral palsy isn’t diagnosed overnight and takes a full examination from your physician. Your child’s motor skills, muscle tone, and movements will be examined using a number of different specialized tests. Reflex tests are used to test responses against specific cues. Hand preference tests can be used to test which hand the baby prefers. Physicians will hold an object in front and to the side of the infant to find which hand they prefer to use. During the first year of life, infants don’t usually show hand preference, and those with cerebral palsy may develop a preference much earlier.
CTs, MRIs and EEGs are also used during diagnosis of cerebral palsy. A CT scan can help determine if the brain is underdeveloped and if so, in which particular areas. MRIs can identify brain disorders by giving a better picture of structures and abnormalities. An EEG is used if a doctor suspects a disorder. This test can record patterns of brain activity.
Doctors will also go though the mother’s full pregnancy as well as the labor and delivery to be sure proper medical care was provided. Many times cerebral palsy lawyers can help the mother if their specific case was a case of medical malpractice.
Be aware of slow development and abnormal muscle tone in your child. Unusual posture and favoring one side of the body over another can be key indication of possible brain damage and cerebral palsy. To discuss legal options of a medical malpractice case, talk with a cerebral palsy lawyer.
What is Spastic Cerebral Palsy?
Cerebral palsy can be diagnosed in different forms. The classification of your child’s cerebral palsy depends on the severity of limitation and the symptoms of the body parts and brain affected. Spastic cerebral palsy accounts for about eighty percent of cerebral palsy cases making it the most common form of cerebral palsy.
Spastic refers to tight muscles, which limit movements. This form of the disease occurs when the brain damage occurs in the outer layer of the brain (cerebral cortex). Muscles also become stiff and cause jerky movements at times. There are three different types of spastic cerebral palsy:
Spastic diplegia – This form of spastic cerebral palsy affects your child’s leg and hip muscles. These muscles tighten up making it difficult to walk at times.
Spastic hemiplegia – Hemiplegia affects your child’s arms and hands more than the legs. Usually only one side of the body is stiff, but on that side arm and leg development may be affected.
Spastic quadriplegia – This form means your child is more likely to have mental retardation. Quadriplegia is usually accompanied by more severe motor dysfunction than other forms. If diagnosed with quadriplegia, your child’s arms, legs and body are all affected, resulting in difficulty walking and talking.
Some cases are mild, while others are more severe. Spastic cerebral palsy affects patients in different ways, depending on the body parts involved. This type of cerebral palsy can disrupt normal growth.
Treatments of cerebral palsy vary with the age of patients, but many options are available. Currently, oral medication, Botox injections, orthopedic surgery, physical therapy and braces are common treatments for cerebral palsy. There are others as well, and if you want to learn more about your specific case, contact your physician. If your child has suffered from a birth injury, contact a cerebral palsy lawyer to discuss your legal rights
What Causes Ataxic Cerebral Palsy?
Cerebral palsy describes a group of chronic conditions affecting the body’s movements and muscle coordination. “Cerebral” refers to the brain, while “Palsy” refers to a physical disorder. There are different forms of cerebral palsy: spastic cerebral palsy (still and difficult movement), athetoid cerebral palsy (involuntary and uncontrolled movement), ataxic cerebral palsy (disturbed sense of depth perception and balance) and mixed cerebral palsy (a combination of any of the three other types of cerebral palsy. Ataxic cerebral palsy is the least diagnosed of all the types.
The medical term ataxia refers to the loss of muscle coordination, particularly in the limb. Ataxic cerebral palsy involves depth perception and balance. Those diagnosed with this form of cerebral palsy will have difficulty with coordination and balance. Some also suffer from “intention tremor,” which is a shaking or trembling that begins with a voluntary movement. Quick, sudden movements can also be difficult as well as activities that require precision movements.
Ataxic cerebral palsy is caused by abnormal brain development or brain damage. Bleeding in the unborn baby’s brain can also trigger brain damage, leading to cerebral palsy. Bleeding is often caused by strokes and some fetal strokes lead to brain damage. When the baby’s mother has high blood pressure during pregnancy, the unborn baby is at greater risk of a stroke. High blood pressure isn’t uncommon during pregnancy, but should be carefully monitored to assure a healthy mother and baby. Infections in the mother of the baby can also cause stroke to the unborn baby.
If the baby’s brain is deprived of oxygen at any time, there’s risk of fetal brain damage and possible diagnosis of ataxic cerebral palsy. Babies will usually show symptoms of ataxic cerebral palsy at birth, but development delays during the first year of growth can lead to diagnosis of ataxic cerebral palsy. If you’re located in New Jersey or Pennsylvania and would like to discuss your specific ataxic cerebral palsy case with us, please contact us.
Support Groups for Cerebral Palsy
It can be difficult to parent a child diagnosed with cerebral palsy, but what you should know is that you’re not alone. Parents have formed support groups all over the country, on the Internet and in person. It’s hard to imagine that anyone is feeling the same about parenting a child with cerebral palsy, but they are.
Cerebral palsy support groups can help you open up. As a parent, you can evaluate information, relate to your own personal experiences, listen and accept others’ experiences and establish a network of others like you.
The Internet is a great source of information and can guide you in the right direction. If you’re looking for support groups for cerebral palsy, start with Google. You can connect with hundreds of parents that are feeling the same way as you. Share parenting thoughts, therapy news, advice and most importantly, inspiration.
Connecting with other parents online, or even in your community with benefit both you and your child. There are local chapter support groups throughout the United States. If your community hasn’t created one yet, there may be other parents in your community looking to form one.
You can also find cerebral palsy support groups at your hospital, your physical therapist or even your child’s school. All of these resources will have information and education at the least about cerebral palsy and parenting a child with cerebral palsy. Finding additional resources and education can be helpful for every day life.
Connect with other parents, families, friends and caregivers who are helping raise a child with cerebral palsy. Inspiring others and having others inspire you and your child can make the different in their every day life, their development and even their emotional well-being.
A big question commonly raised among parents is whether or not your child’s cerebral palsy was preventable. If you believe your doctor or medical team may have caused your child’s cerebral palsy and you would like to find out if you’re eligible for a medical malpractice lawsuit, please contact us today.
Is There a Cure for Erb’s Palsy?
Erb’s Palsy, also known as brachial plexus palsy is nerve damage to the brachial plexus. The brachial plexus is a group of nerves located around the neck area and may become damaged during difficult delivery. Most times, Erb’s palsy is caused by the infant’s neck being stretched too much during delivery by poor delivery technique and/or excessive force applied by the delivery doctor. This causes nerve damage, leading to weakness, loss of feeling and/or paralysis of the arm. Depending on the situation during delivery and the cause of damage to the infant’s brachial plexus, it may be considered medical malpractice.
Early diagnosis and treatment of Erb’s palsy is crucial following childbirth. Early treatment will have a significant impact on the child’s life. There are different types of nerve injuries, leading to different treatment and recovery options. Depending on the severity of the injury, the type of treatment, the rate and amount of recovery varies.
Many times, children with brachial plexus palsy recover on their own. It’s common for children to improve or recover by three to four months of age. There are both surgical and nonsurgical treatments for Erb’s palsy. Most physicians recommend nonsurgical treatment to start. Occupational and physical therapy are the most common treatment methods for brachial plexus palsy. Working with a doctor or physical therapist will help functionality of the arm to recover. Most times, the infant will slowly start showing progress and fully recover in about two years or so.
If there isn’t progress after up to six months of physical therapy, your physician may recommend surgery to help treat Erb’s palsy. Although surgery won’t fully restore normal activity, performing surgical procedures may improve function.
If you feel your child suffered Erb’s palsy or another brachial plexus injury and wish to speak with a medical malpractice attorney to bring legal action to compensate for damages, please contact us today.
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Is There a Cure for Cerebral Palsy?
Researchers have been searching for a cure for cerebral palsy, but until we learn how to repair damage to the brain, there won’t be any new discoveries. Cerebral palsy is an umbrella to a number of disorders pertaining to motor control caused by brain damage. The only way to stop cerebral palsy is to prevent brain damage.
Most experience doctors and physicians will work closely with those diagnosed with cerebral palsy to help ease the symptoms. Therapies (physical, occupational and speech) will help gain independence, which is important. Physical symptoms of cerebral palsy such as seizures can be treated through surgery and medication. Since there is no cure for cerebral palsy, these types of therapies and treatments are essential.
There a number of different doctors that can help alleviate the suffering of someone with cerebral palsy. Since there are physical and emotional symptoms, there are different doctors that should be involved in the development process. A disability like cerebral palsy can be difficult to treat, but seeking guidance will make quality of life substantially better. Physicians, psychologists, physical therapists, orthopedists, occupational therapists, speech therapists and other doctors can help treat the problems of cerebral palsy. Each doctor specializes in something different, but it’s wise to seek guidance from any and all.
Sometimes parents want to understand the condition and why it occurred. Many times, this disability was caused by medical malpractice or other medical mistakes. If you feel you and your child’s cerebral palsy are the result of medical malpractice, contact a cerebral palsy birth injury lawyer.
Resources:
http://www.ninds.nih.gov/disorders/cerebral_palsy/cerebral_palsy.htm
Facts About Cerebral Palsy
Cerebral Palsy is a condition that affects the development of movement, learning, hearing, seeing and thinking. Cerebral palsy is a term used for a group of disorders affecting body movement, balance and posture. Caused by abnormalities in parts of the brain that control muscle movements, lack of muscle coordination when performing voluntary movements is one of the most common cerebral palsy symptoms.
Most children diagnosed with cerebral palsy are born with it, but sometimes it may not be detected until the child is older (months or years). Infants with cerebral palsy are usually delayed or slow to reach milestones in their development, such as sitting, crawling or walking. Most individuals diagnosed with cerebral palsy have difficulty controlling and coordinating their muscles and even simple movements can be challenging.
Raising a child with cerebral palsy can be difficult. Many parents will experience a period of grief and will be filled with emotions, but as parents of a child with cerebral palsy, you will play an important role in the development of the child. There are many important things you need to consider with the care of your child.
Your primary physician will play a key role in the child’s life. Be sure to research and find the best one to serve you and your child’s needs. An experienced, caring physician is crucial. Aside from physical care, your child will need emotional support. Cerebral palsy symptoms are physical and emotional. It’s common for a child with cerebral palsy to feel frustrated, lonely and sometimes misunderstood. As a parent, you may also feed alone and afraid. Meeting with a counselor or therapist may be very beneficial to you.
Unfortunately, medical malpractice causes many of cerebral palsy cases every year. It’s also common for cerebral palsy birth injuries to be the result of poor decisions made during the birthing process. If you and your child believe you have a possible case, please contact a cerebral palsy lawyer in NJ.
Resources:
http://www.ninds.nih.gov/disorders/cerebral_palsy/cerebral_palsy.htm
Causes of Erb’s Palsy
Erb’s Palsy, also known as brachial plexus palsy, is caused by an injury to the brachial plexus. The brachial plexus is a group of nerves. The brachial plexus nerves located near the neck are responsible for feeling and movement in the fingers, hand and arm and don’t affect any cognitive development. Erb’s palsy usually occurs during a difficult childbirth. If the baby’s neck and head are pulled to the side while the shoulders are stuck, this may cause injury.
Most cases of Erb’s palsy are caused during delivery. The injury is characterized by weakness or paralysis of the arm; most times the arm cannot be raised. Because of the damaged nerve, babies may lack a reflex on the affected side. It is estimated that fewer than ten percent of Erb’s palsy injuries result in permanent damage. If you child has Erb’s palsy and you feel that this was caused as a result of medical malpractice you should contact an Erb’s palsy attorney in New Jersey.
Most children recover from Erb’s palsy on their own, over a short time, but some more severe cases may require surgery and physical therapy. With damaged nerves in the body, it takes time to heal and return to normal movement. Such injury does not affect cognitive development, learning or perception.
Causes of Birth Injuries
Birth injuries are injuries that happen during the delivery of the child. They are usually caused by a complication or mistake during the delivery process. Some of the most common causes of birth injury include fetal distress, breech birth or shoulder dystocia.
Birth defects are abnormalities or conditions present at birth that develop prior to birth or at birth. They can be caused by genetics, environmental factors, infection or for unknown reasons. Children with birth injuries or birth defects not diagnosed during prenatal screening may be eligible to pursue medical malpractice lawsuits. Some examples of birth defects include autism, down syndrome, developmental disabilities, Rett syndrome and more.
During birth, there are always things that may go wrong, causing birth injury. Complications are common during delivery. Some common examples include: the umbilical cord becoming wrapped around the baby’s neck, a doctor not properly monitoring heart rate, baby becomes lodged in the birth canal or the baby’s shoulders becoming stuck behind pelvic bone or too much pressure on baby. These are only a few of the instances that may occur during delivery and cause a birth injury to your child.
Birth defects are a little more rare for medical malpractice cases. Now with the advances in technology, birth defects can be frequently detected prenatally and diagnosed. Sometimes if the physician did not provide proper pre-natal care and the result led to a birth defect, such physician may be responsible.
If it’s possible that your child’s birth injury or birth defect is a case of birth malpractice, please contact a medical malpractice attorney in PA. All cases depend on the individual facts and not everyone can be eligible for a medical malpractice lawsuit, but to be sure, schedule a free evaluation to discuss legal options.
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