Indiana Medical Malpractice Lawyer Blog

The Indiana medcial malpractice lawyers at Garau Germano Hanley and Pennington, P.C. frequently handle cases involving brain injury sustained at birth as a result of the malpractice of a doctor or other health care provider. The injuries sustained in these cases are often devastating, and the cases present significant challenges that require the expertise of an experienced malpractice attorney.

Injuries at birth often result from the brain not receiving adequate oxygen during the delivery process. This oxygen deprivation can result in a condition known as hypoxic ischemic encephalopathy. Hypoxic ischemic encephalopathy at birth is characterized by profound metabolic acidosis, seizures, low Apgar scores persisting for more than five minutes after birth, and the involvement of other organs such as the kidneys, lungs or heart.

Hypoxic ischemic encephalopathy can range from mild to severe. In the most severe cases, the brain damage will ultimately result in the child's death while still an infant. Hypoxic ischemic encephalopathy is also one of the most common causes of cerebral palsy in children. Cerebral palsy is a neurological disorder that permanently affects muscle coordination and body movement.

Brain injuries at birth can occur when the doctor or other healthcare providers fail to heed warning signs on the fetal heart monitor. The fetal heart monitor records the heart rate of both the mother and the baby, and allows the healthcare provider to see how the baby responds to the mother's contractions and other stresses of labor. The monitor can let the doctor know if the baby is experiencing oxygen deprivation, allowing the doctor to take steps to hasten the delivery and prevent permanent damage.

Hypoxic ischemic encephaloipathy may also occur with a delivery that is complicated by shoulder dystocia. Shoulder dystocia occurs when the baby's head delivers, but the shoulders become stuck in the birth canal. At this point, the supply of oxygen to the baby's brain is impeded or cut off. Unless the shoulder dystocia is promptly and correctly resolved, brain damage may result.

Not all brain injuries at birth are the result of malpractice. However, there are many instances where these injuries can and should be prevented if healthcare providers use appropriate medical care.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C.recently won a $585,000 verdict for a client in the United States District Court for the Southern District of Indiana.
The case involved a patient who suffered a brachial plexus injury at birth which caused permanent impairment in the use of the patient's right arm. The injury occurred when the baby's shoulder became stuck on the mother's pubic bone after delivery of the head, a complication known as shoulder dystocia.

Jerry Garau and Barbara Germano of Garau Germano Hanley & Pennington, P.C. tried the case for the patient. They argued that the defendant doctor should have delivered the baby before the shoulder dystocia occurred based upon signs from electronic fetal monitoring that the baby was in trouble. They also argued that the doctor erred by pulling too hard on the baby's head after the shoulder became stuck.
The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. can help you with your medical malpractice or personal injury claim. Contact them today.

Shoulder dystocia is one of the most feared complications of pregnancy. A shoulder dystocia occurs when, after delivery of the baby's head, the baby's shoulder gets lodged behind the mother's pubic bone. Medical errors in managing shoulder dystocia can lead to permanent injury or death for the baby.

When a shoulder dystocia occurs, the doctor must act quickly to complete the baby's delivery. If the baby is not delivered within a matter of minutes, the baby will suffer irreversible brain damage or death due to lack of oxygen. However, the doctor also must take care not to pull too hard on the baby's head in an effort to achieve delivery. Excessive traction applied by the physician can lead to damage to the nerves that run from the spine to the shoulder, arm and hand -- a brachial plexus injury. Many times, these injuries are temporary and resolve completely within days or weeks. However, when the disruption to the nerves is more severe, the injury can be permanent. Brachial plexus injuries can result in complete loss of use of the affected arm.

Mothers who have experienced a shoulder dystocia with a previous pregnancy, who have gestational diabetes, who have experienced excessive weight gain during their pregnancy, or who are known to be carrying very large babies are all at increased risk for shoulder dystocia. Physicians should be aware of these risk factors, and should always estimate the weight of the baby before delivery.

There are a number of maneuvers available to physicians to allow them to safely deliver a baby after a shoulder dystocia has occurred. Unfortunately, many doctors have had limited experience performing these maneuvers and are unprepared to efficiently perform them when needed. Additionally, some doctors fail to promptly recognize when a shoulder dystocia has occurred and persist in applying traction to the baby's head instead of resorting to the appropriate maneuvers.

Not all brachial plexus injuries suffered at birth are due to medical malpractice. An experienced medical malpractice attorney can review the case and help ascertain whether medical negligence played a role in the injury.

Medical errors during pregnancy can lead to death of the infant before delivery. The loss suffered by the parents in such a situation is devastating. Unfortunately, lawyers representing negligent doctors in Indiana are trying to add insult to the parents' injury by arguing that the parents have no legal remedy against the doctor whose negligence caused the tragic loss.

The problem arises from a decision of the Indiana Supreme Court and the language of Indiana's Medical Malpractice Act. In the case of Bolin v. Wingert, the Indiana Supreme Court ruled that the only remedy for the death of a child before delivery is a claim for emotional distress suffered by the parents of the unborn child. The court found that a legal claim for the death of the child -- a wrongful death claim -- can only be made when the child is born alive.

While the Bolin decision limited the legal remedies available to parents for the death of their unborn child, doctors and their attorneys are now fighting to eliminate all legal remedies for stillbirths caused by medical malpractice. They argue that the Indiana Medical Malpractice Act only provides relief for "bodily injury or death." The doctors' attorneys claim that under the supreme court's decision in Bolin v. Wingert, a stillbirth is not a death or bodily injury.  Because a stillbirth is not a death or bodily injury, there is no remedy under the Indiana Medical Malpractice Act.

The law firm of Garau Germano Hanley & Pennington, P.C. is fighting to make sure that parents can secure justice for the loss of their unborn child. We are currently pursuing a case before the Indiana Court of Appeals which should clarify that claims for emotional distress -- including claims resulting from stillbirth -- are covered by the Indiana Medical Malpractice Act. When a doctor's negligence causes the loss of a pregnancy, the parents deserve a remedy.