Wrongful Death of an Infant

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Seeking Support after Wrongful Death of an Infant

Every year in the United States infants are born with birth injuries. Over 50% of these injuries can be avoided if the proper planning and appropriate actions are taken by medical professionals. It is a gut-wrenching story to hear about any mother who suffers a failed child birth but it is something that happens often. Unfortunately, not every pregnancy goes as planned and is a mother’s worst nightmare to ever lose her child. For every 1000 births there are 8 infants that die after and during delivery. Not every but few of those deaths could have been prevented.

When you or someone has been a victim of a wrongful death of an infant it is important to seek support whether it be from a friend, family, or even a support group. Most of the time the hospital itself will put you in contact with multiple groups of mothers who experienced the same situation. Although sometimes it is very difficult to seek support right away after losing a loved one it is encouraged. Not everyone copes the same way so it is understandable for people to take their own route of healing.

Seeking support from a group is helpful in a sense of healing. Hearing another mothers story might give inspiration and motivation to know that you are not alone and there are other mothers out there that know what it’s like to lose a child. This may give you a feeling of sympathy and a safe place for you to be heard if you feel needed. In a support group no one is judged because everyone has gone or going through similar things. They are not forcing anyone to share their story or every detail of your life, it’s just there if you want it and gives you the opportunity to bring peace. There are many support groups out there so if you do not like one there are plenty of others to choose from.

Another benefit of a support group is helping you through your lawsuit. Lawsuits for a wrongful death of an infant can be very overwhelming, and the people that are a part of the group have been through it already, and can assist you, and help ease, or answer any questions you may have. Think of the people in the support group as new friends, and who knows maybe you’ll make a lifelong friend out of it when you least expected.

You or your child should not have to suffer due to a medical mistake that could have been prevented. Don’t wait until its too late.  If you believe your child has a birth injury caused by a healthcare provider or you are a victim of a wrongful death Call Me! I’ll Be there for you, and I’ll Make Them Pay!

Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 877.944.4373

Birth Defects Vs. Birth Injury

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Figuring out the difference between a birth defect and a birth injury can be very confusing to most. Both can be very hard to pinpoint whether it was something that was present in the child before birth, or something that was a result of an error during delivery.

Birth defects are also known as congenital anomalies. This can develop during gestation. These can affect the function of the body as well as the physical appearance of the child. Birth defects don’t always have a specific cause. Most of the time it is unknown and some are linked to genetic abnormalities. There are also some environmental factors that can be caused by the mother exposing the baby to harmful chemicals such as medications, smoking, or even alcohol abuse.

Some defects can be noticed once the baby is born. Physical deformities, for example, can include a cleft palate in which the baby’s mouth is formed incorrectly. Other birth defects may not be as obvious because they can exist internally. Defects such as problems with the heart causing less blood flow cannot be spotted. Birth defects can also occur on a chemical level, as in phenylketonuria (PKU). Infants with PKU suffer from toxic blood levels of an amino acid called phenylalanine (an important compound found in the body). Down syndrome for instance is where the child has an extra chromosome resulting in physical and intellectual problems. This can be another birth defect as well.

Birth injuries are what occur during a hectic and amateur delivery. This can be very traumatizing and can leave the baby with many disabilities to the brain as well as other parts of the body. Although most deliveries go smoothly there are some parents that have to face a lifetime of problems due to the medical staffs mistakes.

You or your child should not have to suffer due to a medical mistake that could have been prevented. Don’t wait until its too late.  If you believe your child has a birth injury caused by a healthcare provider Call Me! I’ll Be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 877.944.4373.

Ultrasound Dangers

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Ultrasounds Putting Your Newborn in Danger

It can be an exciting thing when experiencing a pregnancy. However, there are some things that may be harmful to your baby that you don’t know about. They are a different type of ultrasound known as a “Keepsake ultrasounds”. These have become more and more common for pregnant mothers to get, because of what they receive from it. Keepsake ultrasounds are taken for non-medical purposes and give moms a better and more 3-D photo of their pre-born baby. Packages may include video and pictures taken by non-medical professionals just to make a profit, but little do moms realize that although the photos may be better quality, it is putting your child at risk for birth defects and or complications.

When receiving an ultrasound at a medical facility it can be quite safe but due to the excessive heating around the tissue could cause some type of effect harming your child. It is important to only use ultrasounds for medical reasons and is not something to play around with just to get a picture.

Companies that offer these are not concerned by the long-term effects it will have on a child or any associated health risks, they are simply just trying to make a profit. Until we fully know and understand the effects of an ultrasound we must be careful and not risk the chance of causing danger to our premature. Having an ultrasound is strictly for medical purposes such as checking the health of a child, determining sex, deformity’s or unusual behaviors.

The FDA guidelines state that an ultrasound should not be used for any of the following reasons:

  • Non-medical
  • Specifically, to learn the gender, or a photoshoot
  • For commercial reasons

There is a regulation on ultrasounds and in Ohio, ultrasounds performed for non-medical reasons are legal, that is why it is important for you to protect your own health and the health of your unborn baby by refusing non-medical ultrasounds.

If you or your child suffered injury as the result of a non-medical ultrasound, you have to call me right away at 1-877.944.4373 . I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. 

Birth Injuries of the Brain

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Birth Brain Related Injuries

Birth injuries happen every day across the United States, and unfortunately most of them are caused by medical professionals where no one is held liable. A common type of birth injury is one that is brain related. A brain-related injury can happen in variety of different ways. Most of the time, infants suffer from oxygen deprivation such as anoxia, hypoxia, birth asphyxia, and perinatal asphyxia. Another injury is Hypoxic Ischemic Encephalopathy or HIE which is the result of starvation of the brain due to little or no oxygen.

When a child’s brain is cut from oxygen it can react in multiple ways. For instance, ischemia happens when blood is drained from the brain due to loss of oxygen. A brain hemorrhage may also occur when there is too much blood flow to the brain. Electric responses can happen like seizures or even more severe, cerebral palsy can occur due to oxygen deprivation.

Cerebral Palsy or (CP) is the leading brain injury in correspondence to birth trauma, with around 800,000 children diagnosed. CP can occur from maternal infections, lack of oxygen, and infant stroke or infection. In many cases CP can be prevented if the physician takes the correct preventive actions.

Many faults of the medical professionals handling births are;

  • Failure to plan and carry out an emergency C-section
  • Failure to identify and treat a prolapsed umbilical cord
  • Failure to use birth-assisting tools correctly

Every parent that comes to me wants me to fix their child and change their circumstance. I unfortunately can’t turn back time, but I’ll Make Them Pay!®. If your child has suffered a birth injury call me! I’ll be there for you.

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Birth Injury Life Care Planning

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Sadly in the cases of some birth injury, there might be a permanent damage to the infant’s state of being. There are certain types of injuries that families might need assistance with. Some of these include:

  • Paralysis
  • Traumatic Brain Injury
  • Birth defect
  • Birth Injury
  • Loss of limb.

These types of injuries can burden a family emotionally, physically and financially. Life Care Planners can develop a personalized treatment plan to ease this burden of providing care to a family member with a permanent disability. Life Care Planners have many roles and include the following:

  • Permanency in disability might require changes to the home, such as making it wheelchair accessible.
  • Arranging a plan of action for the end of a hospital stay. Life Care Planners can assist in determining where the family member might be best taken care of, whether it be in their home or in a rehabilitation facility
  • Planning for appointments with physical therapy, specialist and primary care physicians.
  • Meeting transportation needs.
  • Assisting with paperwork.
  • Management of finances.

Having a special needs child can be overwhelming for parents and caretakers. Life Care Planners can help caregivers provide the best care possible for their loved one.

If you think your baby may have been injured during delivery, you must call me immediately.

I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4273

Traumatic Birth Injury

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The Reality of a Traumatic Birth 

A traumatic birth can be incredibly difficult to process, heal and ultimately recover from, both physically and emotionally.  Childbirth is so often depicted as a picturesque fairy tale, with the media portraying very little that resembles reality. If you talk to any parent, and for obvious reasons mothers in particular, TV depiction is often a far cry from the actual experience!

A birth experience that causes extreme stress, injury or emotional toll is more common than many think. It is estimated by PATTCH, Prevention and Treatment of Traumatic Childbirth, that between 25-35% of women report a traumatic birth experience. In any birth in which the mother or child’s health or life becomes endangered, a spectrum of emotional and physical outcomes are possible.

What Constitutes a Traumatic Birth

Often used as a general descriptor for any difficult birth or birth injury, a traumatic birth is widely defined as any birth in which the mother or the child’s life became endangered. From unforeseen medical conditions to difficulty for either mother or baby during or after the delivery process, these close-to-tragic scenarios cover a plethora of issues.

While injuries or medical mistakes are often easily categorized, birth trauma can be different from one mother to another. A traumatic birth for one individual may not produce the same reaction in a second mother experiencing the same or similar scenario. Traumatic birth can be difficult to predict, given the intense emotional and physical demands that the birthing process already has.

For many, there are a few common denominators to a traumatic birth;

  • Extreme pain
  • Emergency deliveries
  • Un-planned or emergency C Sections
  • Lack of pain relief
  • Long and/or painful labor
  • Feelings of shame or loss of dignity
  • Stillbirth or birth injury
  • Complications like hemorrhaging or tearing
  • Safety concerns
  • Staff concerns

The Dangers of Traumatic Births

In addition to the immediate threat of life to a mother or child during the birthing process, traumatic births have residual impact that must be tended to appropriately.  The impact of a traumatic birth can take an incredible physical and/or emotional toll, and proper care and support is essential for healthy treatment and recovery.

For many that have experienced a traumatic birth, common symptoms include;

  • Difficulty sleeping
  • Anger and irritability
  • Panic attacks
  • Difficulty concentrating
  • Social anxiety and avoidance
  • Detachment
  • Nightmares and flashbacks

In extreme cases of traumatic birth, PTSD diagnosis is seen in about 1.5-9% of all reported incidents.

If you or someone you love experienced a complicated and traumatic birth, it is important to seek and/or provide the proper support and assistance to aid in the healing process.  If your medical professional or medical negligence contributed to a traumatic birthing experience, you may contact my offices immediately.

I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

 

Brachial Plexus Injury During Childbirth

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Brachial Plexus Birth Injury

A brachial plexus injury is quite common during childbirth and delivery, but severe cases can be cause for concern. The brachial plexus, is a group or network of nerves that can become injured during a complicated birth. Brachial plexus birth injuries are also commonly known as Erb’s Palsy, Brachial Palsy and other similar variations. It is incredibly important that an injury be immediately identified and evaluated so the proper course of remedy can be implemented.

Understanding Brachial Plexus Injuries

During child birth, a baby’s shoulders pass through the birth canal as their head or neck is being pulled.  This process can result  in an injury to the brachial plexus.  If a physician stretches your baby’s shoulders during a head first delivery it can also cause an injury to the brachial plexus nerve network.

Alternatively, injury to the brachial plexus can occur during a breech or feet first birth, if the doctor puts excess pressure on his or her raised arms.

There are various types of Brachial Plexus injury

If your baby is affected in the upper arms, this is commonly referred to as Erb’s Palsy or Erb-Duchenne Paralysis. Minor cases of injury to the Brachial Plexus nerve network can be easily remedied.

The less common injury type is Klumpke Paralysis which affects the lower arm or hand. This may be indicative of a more serious issue and should be immediately reported to your physician.

Common causes of Brachial Plexus Injuries (Erb’s Palsy)

If you feel your baby is lacking movement in the shoulder or arms, or has an absent Moro reflex, this could be a sign that an injury has occurred.  If your baby seems to have his or her arm bent and closely held to their body or hanging limp with a lack of movement – Your child may have suffered an injury to the brachial plexus during childbirth.  It is critical that you seek help immediately!

There are several causes commonly recognized that may result in a Brachial Plexus injury.

  1. Breech births
  2. Use of forceps or extraction tools
  3. Larger size or infant weight
  4. Obesity in Mom
  5. Diabetes in Mom
  6. Other birth complications

In severe cases, the injury can result is a lifetime of pain and suffering, and permanent loss of use to affected shoulder, arm or hand. Nerve injury and damage should be taken very seriously! If you think your baby may have been injured during delivery, you must call me immediately.

I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Medication and Birth Defect and Injury Consequences

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Did your medication cause your baby’s birth defect?

Medication and improper medication management can often be the cause for a tragic birth injury or birth defects. As we learn more and more about the drugs commonly prescribed, the more warnings and restrictions occur.  While a drug may be allowed now, it can be deemed dangerous in the future as research progresses.  Further, mistakes in medication type or dosage pose a very real threat to any pregnancy.

  • Medication with Dangerous Side Effects
  • Wrong Drugs
  • Wrong Doses
  • Wrong Labor Drugs

Medication prescribed during your pregnancy or during labor must be deemed necessary and safe for both you and your unborn baby.

Recognized Dangers

One of the more commonly discussed family of medications is known as SSRIs, which are used to treat anxiety and depression.  Once acceptable, SSRIs are now known to cause a host of issues for an unborn baby, including spina bifida, pulmonary hypertension, developmental issues and more.  Common drugs like Prozac, Lexapro and Zoloft are no longer safe for mothers and their unborn children. Just a short time ago, this simply wasn’t the case and countless families suffered tragic birth defects and even death.

Other common types of medications that can cause issues for your baby include antibiotics, benzodiazepines used for seizures or anxiety, acne medications, cancer medications, some OTC pain medications and more. The list is truly endless!

Other Medication Errors During Pregnancies

In addition to failing to monitor your medication during your pregnancy, you are also at risk for other medication errors.

  • Dosage issues
  • Similar name confusions
  • Handwriting problems
  • Epidural issues
  • Using drugs for other then what they are prescribed

If you took medication during your pregnancy, and your baby suffered a birth injury or birth defect, you must contact my offices immediately.

A decade ago, many of the medications we now know to be dangerous, were commonly and freely prescribed.

As your Ohio birth injury attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

IVF (In Vitro Fertilization) and Birth Injury Risks

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IVF (In Vitro Fertilization) and Birth Injury Risks

If you or someone you love conceived through IVF or In Vitro Fertilization, it is more likely than not that your road to pregnancy and parenthood has been less than easy. Having children is no doubt one of life’s biggest blessings, and assisted reproductive technologies are an incredible answer, but typically accompanied with a heavy heart and a heavy price.

IVF or In Vitro Fertilization is a process to assist in reproduction and ultimately pregnancy, whereby an egg(s) is fertilized outside of the body and then inseminated. The process begins with stimulating egg production, retrieving the eggs, fertilizing and inseminating. Hormone therapy and additional medical support is often required, before and during the pregnancy. In many cases, the mother is previously diagnosed with a complication, leading to the need for IVF.

IVF is used in a variety of situations;

  • Male or female infertility
  • Unexplained infertility
  • Damaged or inviable fallopian tubes
  • Ovulation issues
  • Genetic disorders

Costs are estimated to start from $10-$20,000 just for a single cycle. Coupling the cost and the emotional toll, In Vitro is not a decision to be arrived at lightly!

IVF In Vitro Fertilization and Birth Risks

IVF pregnancies are often and commonly labeled as ‘high risk’ due to a variety of factors. While IVF itself may or may not constitute higher risk pregnancies, recipients of IVF are more likely to have complicated medical histories that contribute to the diagnosis. Further complicating that, 40% of IVF or assisted pregnancies can results in twins or multiples, which is also considered higher risk.

If your OB GYN fails to appropriately plan your pregnancy, an IVF or assisted pregnancy and subsequent birth can have devastating outcomes.

Pregnancies from IVF are at a higher risk of several concerns;

  • Low birth weight
  • Premature labor
  • Multiple births
  • High BP
  • Preeclampsia
  • Bleeding complications
  • Increased cancer risks
  • Stress and painful symptoms
  • Procedure complications
  • Ectopic pregnancies
  • Birth defects
  • Miscarriage & more.

Unfortunately, these are in addition to the potentially painful, expensive and emotionally taxing elements.

IVF has brought hope and the possibility of family to so many – But not without an expensive and emotional price tag.  The emotional toll, coupled with both known and unknown risks can be overwhelming.

If you or a loved one suffered a loss or birth injury following an IVF pregnancy, contact my offices immediately.  As your Ohio birth injury attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Multiple Births and Birth Injuries

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Birth Injuries and Multiple Gestational Pregnancy

Multiples, or more than one baby,  most commonly refers to twins or triplets. Multiple births can absolutely lead to risks for mom and babies.

Your medical team must be 100% experienced and skilled in handling multiples before, during and immediately following the birthing process. Careful planning and preparation goes into every pregnancy, but with any high risk case the experience of your medical team is critical.

Pregnancies with multiples occurs frequently thanks to science and medical advancement in, in-vitro fertilization. Twins occur in 1 in every 80 pregnancies, while triplets occur in 1 in every 7,000 pregnancies.  With this comes a classification of a high risk pregnancy, and an increased risk of a variety of known complications.

Common Multiple Gestational Risks

  • Pre term labor – Anywhere from 4-6 weeks early delivery is considered normal … About 90% of triplets are preterm births, and about 60% of twins.
  • Placental complications – Most commonly placenta abruption
  • Umbilical prolapse – Compression of the umbilical cord before or during delivery
  • Hemorrhage – The possibility of prolonged and increased bleeding during and after childbirth
  • Growth Restrictions – Your babies growth is restricted because your placenta simply cannot accommodate
  • Gestational Diabetes – A potentially dangerous diagnosis for mom during the pregnancy
  • Preeclampsia – High blood pressure and toxemia in pregnancies
  • TTTS – Twin to Twin Transfusion, a medical condition whereby which multiples may share blood
  • Cerebral Palsy – Severe, lasting mental and physical limitations
  • Low birth weight – Babies born less than 5 pounds, 8 oz.

Planning for a health pregnancy and delivery

A birth injury or trauma following delivery is one of the most tragic experiences any family can go through.  Unfortunately, failing to properly plan for a healthy pregnancy and safe delivery is commonly a factor.  In multiple births, delivery can be even more complicated.  The position, order of the babies and other critical factors are used to determine a birthing and delivery plan.  While twins may be able to be safely delivered via natural child birth, triplets and beyond are typically delivered via C-section.

All of these and other potential scenarios are very dangerous, for both mom and babies. If you or a loved one experienced injury, loss or issues with a multiple gestation pregnancy, you must call my offices today.

As your Ohio birth injury attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving ClevelandAkron/CantonColumbusDayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.