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Posted On: December 15, 2009

Failure to Diagnose Fetal Distress

As a Delaware birth injury lawyer, I am asked to review cases to determine whether the parents have a case. A birth injury is any kind of injury that a newborn receives during the process of being born. Sometimes these injuries occur even when the mother does everything she’s supposed to do during her pregnancy. And sometimes the injury just occurs. But then there are times when a newborn infant is injured because of a medical error on the part of a doctor or a hospital. In other words, the injury was preventable.

Here are some common examples of negligence or medical malpractice resulting in birth injuries:

(1) Failing to perform a C-section when an emergency arises that calls for the immediate delivery of the baby

(2) Failing to recognize fetal distress

(3) Failing to administer Pitocin correctly (Pitocin is a drug that’s given to induce labor)

(4) Failing to properly use a forceps during delivery

When a doctor’s mistakes cause injury to your baby, you have the right to file a lawsuit and recover money. Money won’t take away the injury, but it sure can improve the quality of your child’s life.

In this article, I’d like to focus on the failure to observe signs of fetal distress and the failure to timely recognize the need for a C-section. Everyone should agree that the goal of obstetrical medicine is to deliver a baby without injury to either the mother or her baby. One of the methods used by the doctors is fetal monitoring. The tapes or strips that are printed out can be normal or abnormal, and they can show whether or not the baby is in fetal distress.

Fetal distress usually occurs when the baby is not getting enough oxygen. This causes the baby’s heart to beat abnormally, and these abnormal heartbeats are what show up on the fetal monitoring strips. If the doctor fails to take action quickly enough, the lack of oxygen can result in serious injury or death.

Fetal distress can occur for a number of reasons, but it has to be recognized quickly and dealt with. There are several ways to try to correct the baby’s breathing, but if that doesn’t work, the next option is to get the baby out.

When a doctor fails to diagnose fetal distress, or fails to take steps to correct it, or fails to deliver the baby before it suffers a horrible injury due to lack of oxygen, that’s medical malpractice.

Posted by Charles Snyderman | | Email This Post

Posted In: Birth Injuries

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Posted On: December 5, 2009

Have You Been Injured In A Tractor Trailer Crash In Delaware?

If you’re injured in a crash involving a tractor trailer, it makes good sense to hire an experienced lawyer who understands the federal and state rules and regulations that trucking companies have to comply with, and who knows the right way to conduct an investigation.

In 2006, 385,000 large trucks were involved in traffic crashes in the United States.
One out of nine traffic fatalities in 2006 resulted from a collision involving a large truck.
A total of 4,995 people died.
(National Highway Traffic safety Administration)

Here are just a few examples of tractor trailer crashes in the last 10 days:

A 33 year old mother was killed near Buffalo, NY when a tractor trailer smashed into her car. State Police are investigating whether the driver of the tractor trailer was using his laptop computer at the time of the crash.

A tractor trailer crashed into an overpass on the NY State Thruway.

In Bear, DE, a tractor trailer failed to slow down in time causing an accident involving 4 other vehicles.

A 29 year old woman in Nebraska was killed when her car flipped over several times after she tried to avoid getting hit by a tractor trailer

In Albany NY, the driver of a tractor trailer stopped in the middle lane of a highway causing a crash. He was driving while intoxicated.

In Nebraska, a father of 4 was killed when his car was crushed by a trailer that jackknifed on the highway

Near Daytona, FL. A semi pulled out from an emergency lane into the flow of traffic and was hit by a tractor trailer whose driver was killed in the crash.

In Paramus, NJ, the driver of a tractor trailer was killed in a crash involving another truck and an SUV.

This is the first in a series of articles relating to fighting for your rights against a trucking company.

Posted by Charles Snyderman | | Email This Post

Posted In: Tractor Trailer Crashes

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Posted On: December 1, 2009

It Hurts to Be Told You Aren't Hurt

As a Delaware personal injury lawyer who handles car accident cases, I always tell my clients that the number 1 rule is to tell the truth. Sometimes, telling the truth is not enough if your medical records don't support what you're saying. Here's a typical example of what happens

On 12/16/09, actress Anne Hathaway was in a minor traffic accident in Los Angeles. Newspaper accounts of the accident say that she was not injured. It would be interesting to talk to her a week after the accident to see how she’s doing. Why? because it's not unusual to be in a car accident and think you’re okay. You tell the cops that you aren’t injured, and you refuse medical treatment. That night, the next day, or even a few days later, you begin to feel pain or soreness. You think to yourself that it’s normal to feel some pain - after all, you were just in an accident. You go about your normal routine. If you’re lucky, the pain goes away completely. In some cases, however, the pain lingers. Once again, you assume that it’s only a minor injury and that you’ll return to normal in the near future.

You continue to hurt, you complain about the pain to your spouse, and you still don’t see a doctor. After a few months, you finally realize that this isn’t going away, and you reluctantly call your doctor’s office to schedule an appointment. After the medical exam, the doctor tells you that you have cervical (neck) and lumbar (back) strain and sprain, and that you need physical therapy and drugs.

At some point you think about making a claim for your injuries, and you contact the other driver’s insurance company. The claims representative takes your statement over the phone, gets your medical records, and tells you that you waited such a long time to see your doctor that it appears the pain you’re complaining about is not related to the accident.

So what should you have done? As soon as you start to feel symptoms of pain or soreness, get checked out by your doctor. There’s no harm in playing it safe. Your own car insurance company will pay for the visit. If it turns out that your doctor says “take 2 aspirins and call me in the morning,” consider yourself very fortunate that you weren’t injured and you don’t have a personal injury claim. On the other hand, if your doctor prescribes pain killers and muscle relaxants, or prescribes physical therapy, you’ve helped your personal injury claim because you got medical attention early on and your medical records will relate the symptoms to the accident.

It’s great to be stoic and put off seeing a doctor following an accident. Unfortunately, this way of dealing with things could come back to haunt you later on when the insurance company accuses you of being dishonest.

Posted by Charles Snyderman | | Email This Post

Posted In: Delaware Car Accidents & Injuries

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