Legal Blog: Medical Malpractice

$4,000,000 Verdict in brachial plexus case Suffolk County, Massachusetts

Due to the estimated fetal weight and age of the mother a plan was made for induction. Upon being admitted for induction at 8:20 the mother was examined by the defendant doctor who noted contractions at 2-3 minutes. Also, that the mother was uncomfortable with the contractions. The defendant ordered an epidural for pain control. The fetal heart rate tracing was noted to be reassuring at that time. At 10:00 the resident evaluated Ms. Rivera’s progress and noted in the medical record that she seemed comfortable with the epidural. At

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$1,750,000 Winning Verdict in Obstetrical Brachial Plexus

The pre-natal course was uneventful for the mom and baby. The mom was brought in for induction because of the pregnancy induced hypertension and suspected large baby. She was completely dilated at 23:00 hours and began pushing.  She had adequate pushing with downward descent of the head.  After about an hour of pushing she was noted to be tiring. A Vacuum was placed on the fetal head.  There is no indication in the medical records that doctor informed the patient of the risk of the use of a vacuum in

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$800,000 Settlement in Brachial Plexus Case

Type of Action: Medical Malpractice Injuries alleged: Brachial plexus injury According to the medical records, the pregnancy was uneventful.  During the course of her pregnancy the mom gained approximately 30 pounds.  As the pregnancy progressed, she was tested for gestational diabetes on three occasions.  Mom was told that she was a borderline diabetic, but she was never placed on a diabetic diet.  A late term ultrasound was performed to determine as estimated fetal size. At term, induction was recommended.  The operative report states that the defendant observed that there was

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BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mom presented for pre-natal care with a pre-pregnancy weight of 216 pounds and a strong family history of diabetes mellitus. The mother’s father, uncle and maternal grandfather all had diabetes. During the pregnancy the mother showed high numbers on her glucose tolerance testing. Despite an abnormal glucose screen by the 28-week testing, and a strong family history of diabetes, no further glucose testing, accu-check blood sugar monitoring, diet or diabetes counseling was provided. Further, no late

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BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mothers prenatal care included a one-hour GTT which was abnormal, and she was diagnosed with gestational diabetes. Her pregravid weight was approximately 280 pounds. The mother inquired about her mode of delivery and was informed about indications, risks and benefits of induction, vaginal delivery, the possibility of shoulder dystocia. Despite that the mother was not offered a cesarean section nor did she ever decline a cesarean section to avoid shoulder dystocia. Had the mother been offered

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BIRTH INJURY Medical Malpractice Lawsuit: Excessive Traction Results in Permanent Brachial Plexus Injury. The mother had all of her pre-natal appointments with the Defendant doctor. Her prenatal care was complicated by obesity and excessive weight gain. At the time the mother went into labor she was 39 4/78 weeks’ gestation and had gained 81 pounds during the pregnancy. The only estimated fetal weight before delivery was performed by ultrasound at 26 weeks with an EFW of 3700 grams. On admission the baby had an estimated fetal weight of 3800. The

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Medical Malpractice Claims in Massachusetts – Statue of Limitations

Medical malpractice is when a healthcare professional causes injury or death to a patient. Each state has a statute of limitations for filing a medical malpractice lawsuit. If you want to file such a lawsuit in Massachusetts, then there are four important time limitations you must know. 1. Three-Year Deadline Massachusetts General Law Chapter 260, Section 4 states a victim of medical malpractice must file a lawsuit within three-years of the incident. In most cases, failing to file within the deadline means you lose the right to sue the healthcare

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Trial Experience And Proven Results

Get Trusted Advice and Proven Trial Experience On Your Side

Kenneth M. Levine is a retired attorney and an experienced legal consultant who advises trial attorneys nationwide in complex obstetrical brachial plexus birth injury cases.

If you are an attorney preparing for a obstetrical brachial plexus trial, I encourage you to speak with me to see if I may be able to help achieve a successful result for the child and family you’re fighting for. – Ken Levine