South Florida Injury Lawyer Blog

A Florida woman that didn’t know she was pregnant and delivered her baby into the toilet in a restroom at the University Community Hospital in Carrollwood is suing the Tampa hospital for medical malpractice.

2 1/2 years ago, Robin Lumley arrived at the hospital complaining of vaginal bleeding and serious pains in her abdomen. Hospital staffers ordered tests, including a pregnancy test that was never performed, and her symptoms were documented. Lumley, who was 46 at the time and single, was reportedly never fully examined because she was in too much pain.

Hospital staffers allowed Lumley to go to the restroom, where she delivered a 6-pound baby into the toilet. The baby girl, Brianna Rose, almost drowned. She also went into respiratory arrest and sustained brain damage following her delivery. She will now require specialized medical care for life.

Lumley’s lawsuit contends that it was the hospital’s negligence in failing to detect that she was in labor that caused birthing injury to her baby. Lumley claims she did not know she was pregnant until her baby was born.

According to psychologists, women have been known to conceal their pregnancies even from themselves. Three kinds of pregnancy denials include:

• Pervasive denial
• Psychotic denial
• Affective denial

In the event that a doctor, nurse, or another health care provider fails to provide a mother in labor with the proper medical care and the mother or baby is injured as a result, the hospital and/or staffers can be held liable for Florida medical malpractice.

Woman didn't know she was pregnant, gives birth -- now hospital is sued, Sun-Sentinel.com, October 7, 2008

Characteristics of Women Who Deny or Conceal Pregnancy, Psychosomatics

Related Web Resources:

Medical Malpractice and Childbirth, WrongDiagnosis

American Pregnancy Association

University Community Hospital

Continue reading "Florida Woman that Delivered Baby into Toilet Sues Carrollwood Hospital for Medical Malpractice" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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At St. Mary’s Medical Center in West Palm Beach, Florida, tragedies struck two families earlier this month when similar medication mistakes led to one mother delivering stillborn twins and another baby being born born with brain damage. The hospital has admitted to the medication errors and has apologized to both families.

In the first incident,Sharee Davis checked into St. Mary’s on September 4 for a cerclage, which is a routine procedure that was supposed to prevent her from delivering her twins prematurely. She was just 17 weeks pregnant.

Instead, the medication the hospital gave her induced labor and Davis delivered stillborn twins, a boy and a girl. Davis and James Andrews, the boy’s father, say that they plan to sue St. Mary’s for medical malpractice.

Several hours after Davis gave birth, another mother, who was 23 weeks pregnant, was administered the same medication—also incorrectly. She too went into premature labor and her baby suffered brain damage.

St. Mary’s says that the medication mix-ups happened despite its existing safeguards. The hospital is working with its doctors, nurses, and pharmacists to understand how the mistakes happened and to make sure that a similar mix-up doesn't happen again.

Birthing Malpractice
Administering the wrong medication to a pregnant mother can lead to serious complications, including premature labor, stillbirths, brain damage, cerebral palsy, and other catastrophic birthing injuries. It is the responsibility of hospitals, doctors, nurses, pharmacists, obstetricians, and others responsible for the medical care of pregnant mothers and their babies to make sure that malpractice errors do not happen. Medical mistakes can be grounds for birthing malpractice or wrongful death claims and lawsuits.

Medication Mix-Up Results In Twins' Deaths, MSNBC.com, September 20, 2008

Twins' premature death blamed on hospital, WPTV.com, September 19, 2008

Related Web Resources:

St Mary's Medical Center

Cervical Cerclage, American Pregnancy Association

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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In Palm Beach County, the rate of woman delivering their babies by cesarean section is now over 40%--almost twice as many women as the number of women giving birth by C-section 10 years ago. This figure is also a lot higher than the national figure of 31%. Now public health officials are wondering whether all of these women needed to give birth by C-section, a costly procedure that also comes with some risk.

Some local doctors say that the surgery is a safer option for them than the risk of a botched delivery that could lead to a Florida medical malpractice lawsuit. The majority of obstetricians in the county no longer have liability coverage because it is too expensive.

Other obstetricians said the reasons they might opt to perform a C-section birth rather than go with natural delivery included:

• Decreasing the risks of a complicated pregnancy.
• The increase in fertility treatments usually results in twin (or more) pregnancies; this usually requires a C-section delivery.
• More older women are getting pregnant.
• Often, doctors will perform a C-section on a woman if her previous birth(s) required this procedure.
• Teen pregnancies may require a C-section delivery.
• Pregnant women that are obese may require a C-section delivery.
• More women want to avoid labor and/or schedule the date of birth.

Some doctors worry that denying a request by a pregnant woman to perform a C-section could lead to a medical malpractice lawsuit if the baby is injured during natural delivery. In Martin County, where the majority of obstetricians are covered for malpractice, 15% less C-section procedures are performed than in Palm Beach County, Florida.

According to court information, the number of medical malpractice lawsuits filed against Palm Beach County obstetricians has dropped as the number of C-section procedures has increased. Although C-sections are now easier to recover from than they were two decades ago and they are generally designed to lower the risk of injury to the baby and mother, anesthesia and infection risks still exist. Having an earlier delivery by C-section can also affect the development of the baby and lead to feeding, breathing, and neurological problems for the infant.

Rise in C-sections stirs health worry, Palm Beach Post, August 23, 2008

Cesarean Fact Sheet, Childbirth.org

Related Web Resource:

Birthing Defensive Mechanism: Medical Malpractice and Cesarean Sections in the United States, AllAcademic.com

Continue reading "Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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According to British researchers, the use of Topiramate, an anti-epilepsy drug, increases the chances of pregnant women giving birth to babies with birth defects by up to 14-fold—especially when the drug is taken along with the drug Valproate. The study involved 203 women that became pregnant while taking Topiramate (Topamax is the brand name sold by Johnson & Johnson) alone or with other epilepsy medication.

Findings from the study included:

• 18 spontaneous abortions
• 5 induced abortions
• 2 stillbirths
• 178 births
• 16 infants were born with major birth defects
• 4 infants were born with cleft lips or palates
• 4 babies had genital birth defects

However, because the study involved only 203 women, experts have said that there is still statistical uncertainty related to this new data.

Topiramate has caused similar birth defects in animals. The fact that studies of other epilepsy drugs have revealed an increase in birth defect risks indicates that all of these drugs may affect the reproductive process.

Of the approximately 2.7 million Americans with epilepsy, Topamax makes up 1 out of every 5 prescriptions. Doctors say that even though there are risks involved with taking anti-epilepsy drugs, preventing epileptic seizures that would otherwise harm unborn babies—perhaps even more severely than the side effects that use of the drug can cause—is essential.

If you or someone you love was injured because of a dangerous pharmaceutical drug, you may be entitled to personal injury or wrongful death compensation. Drug manufacturers are supposed to test their medications before making them available to users and warn of any adverse side effects.

Our South Florida drug litigation law firm can determine whether you have grounds for a claim. If a drug maker or seller knowingly concealed risks, failed to conduct the proper and full product tests, or neglect to warn doctors and consumers of potential dangers, we know how to investigate any of these factors and prove your case.

Epilepsy drug Topamax linked to birth defects, Los Angeles Times, July 22, 2008

Study links epilepsy drug to increased birth-defect risk, USA Today, July 21, 2008

Related Web Resources:

Topamax

Epilepsy and Pregnant Women, MayoClinic.com

Continue reading "Report Links Topamax to Birth Defects" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Drug and Medical Device Litigation

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