medical negligence Archives - Distasio & Kowalski

Fetal demise or newborn death during or shortly following delivery is a profoundly tragic event, often resulting in deep emotional and psychological impacts on the parents. Understanding the warning signs of fetal distress, the potential dangers, and the causes is crucial in improving outcomes and advocating for the unborn child’s well-being. Additionally, having dedicated health providers focused on the infant during delivery can significantly enhance care and reduce the risk of adverse outcomes.

Importance of Staff & Care Protocols in Preventing Newborn Death

Ensuring hospitals adhere to proper protocols in staffing and medical care during labor and in the care of an infant during and immediately following birth is critical for the health and safety of both mother and child. Proper staffing means having a sufficient number of trained medical professionals, including obstetricians, midwives, pediatricians, and nurses, who are equipped to handle the complexities of childbirth. Adhering to established protocols ensures that every aspect of the birthing process is managed according to the highest standards of medical care, minimizing risks and enhancing outcomes. When hospitals prioritize these elements, they provide a safe and supportive environment, leading to healthier mothers and babies.

Failure to Adhere to Proper Protocols Puts Infant Lives in Jeopardy

A recent article published in The Morning Call, a Lehigh Valley newspaper, reported that “a baby born at Lehigh Valley Hospital-Hazleton suffered a collapsed lung and died shortly after birth. About seven months later, another newborn died under similar circumstances.” According to the article, “These two incidents at LVH-Hazleton were the subject of an inspection by the Pennsylvania Department of Health in January, which found numerous deficiencies and violations of federal and state regulations. Specifically, state investigators found that the hospital failed on multiple occasions to ensure that on-call-pediatricians arrived at the hospital in 30 minutes or less.”

Adequate Healthcare Staffing is Vital During Labor & Delivery

As evidenced by the state inspection mentioned above, adequately trained staff during labor and delivery is crucial. Each professional plays a vital role. It is also essential that a skilled pediatrician be on hand to provide immediate care for a newborn. Potential issues like fetal distress, preeclampsia, or unexpected delivery complications can be promptly addressed when proper protocols are followed. This multidisciplinary approach ensures that any complications are swiftly and effectively managed, reducing the likelihood of adverse outcomes such as emergency C-sections or prolonged labor, which can increase risks for both the mother and the baby.

Inadequate staffing or failure to follow protocols can lead to dire consequences. For example, without a sufficient number of trained professionals, signs of distress in the mother or baby might be missed or misinterpreted, leading to delayed or inappropriate interventions. This can result in complications such as hypoxia, where the baby does not receive enough oxygen, potentially causing brain damage or even stillbirth. For the mother, lack of proper care can lead to severe hemorrhaging or untreated preeclampsia, both of which can be life-threatening unless promptly addressed. These outcomes underline the necessity for hospitals to maintain rigorous standards in their staffing and procedural protocols.

Immediate Post-Birth Infant Care is Critical

The immediate care of an infant post-birth is equally crucial. Proper protocols include ensuring the baby can breathe adequately, maintain body temperature, and initiate breastfeeding. Pediatricians and nurses must be vigilant in monitoring vital signs and responding to any signs of distress or abnormality. Proper protocol also involves the timely administration of necessary medications and conducting essential screenings. Failure to follow these procedures may cause complications such as neonatal jaundice, infections, or respiratory issues, which, if not managed promptly, can have long-term health implications.

Ultimately, the importance of hospitals following proper protocols in staffing and medical care during labor and the immediate care of infants cannot be overstated. It is a matter of life and health for both mother and child. Hospitals must commit to rigorous training, maintaining adequate staff levels, and adhering to evidence-based protocols to ensure the best possible outcomes. When these standards are met, the risks of complications or infant death are significantly reduced, leading to safer deliveries and healthier futures for newborns.

Warning Signs of Fetal Distress

Fetal distress refers to indications before and during childbirth that the fetus is not well. Some common warning signs include:

Decreased Fetal Movement: A significant decrease in the baby’s movements might indicate distress.
Abnormal Heart Rate: A fetal heart rate outside the normal range (110-160 beats per minute) can signify problems.
Meconium in Amniotic Fluid: The presence of meconium (the baby’s first stool) in the amniotic fluid can indicate fetal stress.
Fetal Growth Restriction: A very tiny baby.
Abnormal Amniotic Fluid Levels: Too much or too little amniotic fluid can be a warning sign.

Advocating for Your Unborn Baby

Advocacy for an unborn baby begins with being well-informed and proactive. Here are steps parents can take to advocate effectively:

Educate Yourself: Understanding the risk factors and warning signs of fetal distress is essential.
Prenatal Visits: Regular check-ups allow healthcare providers to monitor the baby’s development and identify potential issues early.
Birth Plan: Create a detailed birth plan outlining your preferences and concerns and discuss it with your healthcare provider.
Ask Questions: Don’t hesitate to speak to your healthcare provider about any concerns or symptoms you experience.
Monitor Fetal Movements: Monitor your baby’s movements, especially in the third trimester, and report any significant changes to your healthcare provider immediately.

Importance of Dedicated Health Providers in Preventing Newborn Death

The presence of a health provider focused solely on the infant during delivery is crucial. This professional, often a neonatal nurse or neonatologist, can provide immediate and specialized care to the newborn, addressing any complications promptly. Their roles include:

Monitoring Fetal Heart Rate: Continuously monitoring the baby’s heart rate during labor to detect any signs of distress.
Immediate Response to Complications: Being prepared to handle emergencies, such as respiratory distress or meconium aspiration.
Newborn Resuscitation: Skilled in neonatal resuscitation techniques if the baby has difficulty breathing at birth.
Postnatal Care: Providing necessary care immediately after birth, including assessments and interventions to ensure the baby’s health.

When Medical Negligence Ends in Tragedy

The death of an infant during or shortly after delivery is a heartbreaking event with various causes and risk factors. By recognizing the warning signs of fetal distress and advocating effectively for their unborn child, parents can play a pivotal role in ensuring the best possible outcomes. Furthermore, the presence of dedicated healthcare providers focused on the infant during delivery can make a significant difference, providing specialized care that addresses any complications promptly.

If your family has suffered an unexpected newborn death as the result of the negligence of a healthcare provider, our infant wrongful death attorneys will advocate for your rights and help you get the justice you deserve. The birth injury lawyers at DKY Law are highly experienced in cases involving infants who have sustained injuries or died due to medical malpractice before, during, and after delivery.

“Our son suffered HIE, a very serious birth injury caused by lack of oxygen to the brain,” commented a DKY Law birth injury client. “This injury left him with the need for a lifetime of medical and other special care. We met with Mike Kowalski and immediately felt comfortable and confident that Distasio, Kowalski & Yelen was going to do their absolute best for our son. Although the damage to our son can never be undone, when Mike Kowalski successfully settled the case, we gained the peace of mind in knowing that all of our son’s special needs will be met and that he will receive the best care possible.”

Contact the DKY Birth Injury Law Firm

Contact a dedicated Distasio Kowalski & Yelen birth injury and wrongful death lawyer in Wilkes-Barre, Pennsylvania today for a confidential case evaluation. We will fight to get you the justice you deserve.

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today.

Jeffrey A. Yelen, a partner with DKY Law Firm, is an Elder Law Attorney who brings 25 years of estate planning, probate and estate litigation experience to the clients he serves. He is head of the firm’s Elder Law and Estate Services division and is highly experienced in Wills, Estates, and Trusts. When you are searching for an Elder Law Lawyer, Attorney Yelen can provide the skilled legal representation you and your family need. Contact Attorney Yelen

WILKES-BARRE, PA – August 18, 2021 – Michael J. Kowalski, a partner in the Wilkes-Barre personal injury law firm of Distasio & Kowalski, LLC, has been selected for inclusion in The Best Lawyers in America^© for 2022. This is his fourth straight year listed in the renowned publication. He was recognized for his work in the areas of medical malpractice law and personal injury litigation.

Attorney Kowalski specializes in cases of medical malpractice, birth injury, auto and truck accidents, nursing home negligence, and other medical negligence. He has appeared before state and federal courts throughout Pennsylvania on behalf of seriously injured accident and malpractice victims.

Since it was first published in 1983, Best Lawyers^® has become universally regarded as the definitive guide to legal excellence. The Best Lawyers in America rankings are based solely on peer-review surveys in which tens of thousands of attorneys confidentially evaluate their colleagues. It is the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Distasio & Kowalski LLC

Located in Wilkes-Barre, PA, Distasio & Kowalski LLC, specializes in birth injury, medical malpractice, auto & truck accidents, personal injury, and wrongful death.

For more information on Distasio & Kowalski LLC, please visit dklawllc.com or call 570-970-5400.

Preventable medical errors can cost you your health and possibly even your life. Each year people across the country die or are severely injured due to preventable medical errors. While we look to medical providers to diagnose and treat us, preventable medical errors can and do happen in healthcare settings. A new study detailed in an article by Yale University reported that most hospital medical errors involve poor monitoring or management of medical conditions. Diagnostic errors and errors related to surgery and procedures are also prevalent. While any medical error can be dangerous, there are some that are more common and can be more harmful.

Delayed Diagnosis or Misdiagnosis

A timely, accurate diagnosis is critical to your getting proper medical care. A fairly common medical error, delayed, or the wrong diagnosis can result in severe harm to a patient. Misdiagnosis may occur because a healthcare provider failed to ask the right questions or order adequate testing for a patient. A busy physician might order tests, but then fail to review thoroughly. Even if an accurate diagnosis is eventually made, a delay in diagnosis on the part of a healthcare provider can lead to the loss of valuable time in treating a serious illness.

Protect yourself from delayed diagnosis or misdiagnosis

Take an active role in your care. Advocate for yourself, and ask questions. Being involved as a patient can be very important in preventing diagnosis errors. Follow up on test results and speak up if you have doubts.
Provide a full medical history. If you feel your medical provider is not asking enough about your history, speak up and provide as much information as you can.
Don’t be afraid to ask for a second opinion. Quality healthcare professionals support that decision.
Bring a family member to appointments or to the hospital to ask questions and help get information from your doctor.
Educate yourself and research your symptoms.

Medication Errors

According to the FDA, a medication error is defined as any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Medical errors are one of the most common, preventable medical errors. Medication errors can occur when a patient gets the wrong medication or the wrong dosage. This error can occur on the part of a doctor writing a prescription or entering medication into a computer system, a nurse dispensing medication to a patient or a pharmacist error in filling a prescription. Medication errors are also caused by incorrect labeling on the part of a drug manufacturer.

The FDA has put many safeguards in place to help prevent medication errors. This includes barcodes that allow healthcare professionals to verify the right drug and dose is being given to a patient. They have also published guidelines to help manufacturers design drug labels and packaging to minimize or eliminate hazards that lead to medication errors.

To be proactive in helping to prevent medication errors, the FDA recommends that you:

Ask your doctor the name and purpose of any drug you are prescribed, as well as the risks and potential side effects. Ask about drug and food interactions as well.
Be sure you understand the directions in taking the drug, dosage, etc.
Check the container label each time you take a medication. Don’t transfer medication to another container, so you can always check the original label.
Keep an updated list of all of the medications you are taking.
If in doubt about medication, double-check with your pharmacist or another healthcare provider.

Surgical Medical Errors

Mistakes during and after surgery can have devastating results. This includes medical complications and possibly even death. Surgical errors can include wrong-site surgery, wrong operation, operating on the wrong part of the body, leaving a foreign object in a patient, or operating on the wrong patient. Post-surgical errors can include neglect in providing proper post-op care.

Protect yourself from surgical errors

A common theme for protecting yourself from medical errors is asking questions. Fully understanding your procedure and treatment can help you catch potential problems. Talk to your surgeon about the details of the procedure.
Research your procedure.
Take notes and detail everything.
Request medical staff show you where they will be performing surgery and mark the spot.

Anesthesia Errors

Errors involving anesthesia can cause permanent injuries or death. They can include failing to evaluate a patient’s medical history for possible complications or failing to provide proper instructions. Administering the wrong dose of anesthesia, improper placement of breathing tube, or not properly monitoring a patient on anesthesia are other potential errors.

Be proactive with speaking with your anesthesiologist before surgery

Be sure you are supplied specific instructions prior to surgery that addresses preparation. This might include not eating or taking certain medications. You will meet your anesthesiologist on the day of the operation before surgery. If you have questions or concerns, be sure the anesthesiologist addresses all of your concerns.

Childbirth Medical Errors

Childbirth errors can have tragic results, harming both the mother and child. Birth injuries that may result from medical errors or medical malpractice include cerebral palsy, brain injuries, paralysis, and bone fractures.

Childbirth medical errors that can cause serious harm include:

Not anticipating possible pregnancy and birth complications.
Failure to diagnoses a medical condition or birth defect.
Failure to respond to fetal distress.
Not performing or delay in performing a cesarean section.
Incorrect use of vacuum extractors or forceps.

To ensure proper care during childbirth:

Seek regular prenatal care. Regular check-ups with your obstetrician and early detection of potential problems will help prevent complications. Be sure your doctor is carefully monitoring your health throughout your pregnancy.
Eat a healthy diet.
Determine whether your selected medical professional is qualified to handle your birth. Are they skilled and experienced in handling birthing complications should they arise? Talk extensively with your obstetrician about your options and be well-prepared for delivery.

Lack of coordination between healthcare providers

In today’s medical world there are often multiple healthcare providers taking care of one patient. Communication and coordination are critical to the safe and successful treatment of a patient. A mistake in or lack of communicating can result in testing, treatment, medication, and other medical errors. Be sure your healthcare providers are all on the same page when it comes to your treatment.

Get help if you are the victim of medical errors

The most common contributing cause of medical errors is human error. A lack of training, fatigue, or simple carelessness can all contribute to medical errors. Charting and lab errors are common and can lead to patient injury. When there is a breach of duty on the part of a medical professional to provide competent care, it could be considered medical malpractice. If a medical error has injured you or someone you love, you need the help of medical malpractice attorney. A qualified medical error attorney can help when dealing with hospitals and their insurance company. The medical injury attorneys at Distasio & Kowalski can provide a free, confidential consultation. Our medical malpractice lawyers will work to determine if the injuries caused were due to medical negligence. Contact a medical malpractice attorney at Distasio & Kowalski in Wilkes-Barre today.

Birth trauma refers to damage of the tissues and organs of a newborn baby. Although many newborns might have minor injuries during birth, sometimes the injuries are more severe and include serious nerve damage. Brachial plexus birth injuries refers to damage to the brachial plexus nerves that occurs at birth, and may be related to a difficult labor and delivery.

The brachial plexus is a network of nerves that begins at the spinal cord in the neck and delivers messages from the brain to the shoulder, arm and hand. These nerves control muscle function in the chest, shoulders, arms and hands, as well as sensation in the upper limbs. A brachial plexus birth injury occurs when the baby’s neck is stretched, compressed, or awkwardly twisted. A quick or emergency delivery resulting in the baby being forcibly pulled out can result in a brachial plexus injury. The nerves may stretch or tear during a traumatic delivery. Although nerves have some ability to heal on their own, it depends on the severity of the damage.

The most common type of brachial plexus injury is called Erb’s palsy. Babies with a brachial plexus injury may have difficulty moving their arm or lack feeling in their arm. Damaged nerves may result in symptoms from minor weakness to partial or complete paralysis depending on the severity of the injury. A less common injury that affects the lower brachial plexus is called Klumpke’s palsy. This typically affects only the muscles in the hand and is not common in babies.

Four types of brachial plexus nerve injuries

Neuropraxia – This is a stretch injury and is the most common. The nerve is stretched but not torn. These injuries will typically heal on their own in time.
Neuroma – This is a more serious stretch injury that damages nerve fibers and results in scar tissue. The scar tissue may press on the healthy nerve and create discomfort. Long-term recovery is typically only partial, not complete.
Rupture – This a stretch injury that tears or ruptures the nerve. This type of injury will not heal on its own. Surgery is required to re-attach the nerves.
Avulsion – This type of injury is the most severe type of nerve damage and occurs when the nerve fiber is torn from the spinal cord.

For severe brachial plexus injuries, prompt surgical treatment might be needed to attempt to regain function. Without it, permanent disability may occur. In the most severe cases, the damage may be permanent. Chronic pain can also be a long-term result of a brachial plexus injury.

Erb’s Palsy birth injury

Erb’s palsy may occur during delivery when excessive pressure is put on the baby’s head, neck or shoulder because of difficulty delivering. The symptoms of brachial plexus injury can vary based on severity and extent of damage. Erb’s palsy is the result of the upper brachial plexus being paralyzed. The risk of a baby developing Erb’s palsy is greatly increased if they develop shoulder dystocia during delivery. Shoulder dystocia is a condition where the baby comes through the birth canal at an awkward angle and a shoulder becomes stuck on the mother’s pelvis. Erb’s palsy can include paralysis or limpness in a baby’s arm, limited or no movement in hands and fingers, and loss of sensation in hands and fingers.

Symptoms of Erb’s Palsy

Weakness or numbness in arm.
Limited motion in the shoulder, arm, wrist or hand.
Arm hanging by side and rotated inward.
Partial or total paralysis of the arm.

Potential Causes of Erb’s Palsy / Brachial Plexus Injuries

As we mentioned above, brachial plexus nerve injuries typically occur with traumatic or difficult deliveries. This may include a large baby, a breech birth or prolonged labor. A doctor delivering quickly may use excessive force to pull the baby from the birth canal resulting in a stretching of the baby’s neck. This can also result from excessive pulling on the shoulders during a head-first delivery, or by pressure on the infant’s raised arms during a feet-first delivery. Risk factors associated with brachial plexus injuries include improper use of birthing or extraction tools, prolonged labor, breech delivery, large baby, small or abnormal maternal pelvis shape or excessive maternal weight gain.

A baby’s arm that is limp can usually indicate a brachial plexus injury. Proper diagnosis requires a complete neurological exam to determine which nerves have been impacted and the severity of the injury. Treatment may include anything from physical therapy to improve movement in the muscles and nerves or occupational therapy to improve joint function and muscle tone to surgery in the most severe cases.

Brachial Plexus injuries during childbirth

The main cause of Erb’s palsy is damage to the nerves during childbirth. Brachial plexus injuries are avoidable. An obstetrician must proceed with extreme caution when risk factors are present during delivery. For instance, failure to recognize that a caesarean section should have been performed due to the baby’s size, use of excessive force or pressure on the baby’s head, neck, or shoulder during delivery, or improper use of delivery instruments, such as forceps or vacuum extractors, may indicate an error on the part of the doctor.

Often, Erb’s Palsy injuries are the result of preventable medical errors during delivery. Medical professionals have a duty to ensure you and your baby are provided a certain standard of care. Birth injuries may come with lifelong limitations for your child, crippling medical costs, and lasting emotional stress. If your infant has suffered a brachial plexus injury or has been diagnosed with Erb’s Palsy that you believe may have been caused by medical negligence, you should consult with an experienced birth injury attorney to explore your options and help recover compensation for your child’s injuries. The Distasio & Kowalski birth injury attorneys have seen the toll birth injuries can take on a family and we are here to help.

A medical error is a preventable adverse effect of medical care, whether or not it is evident or harmful to the patient. A study by researchers at Johns Hopkins medicine said that medical errors should rank as the third leading cause of death in the United States. Hard to imagine, we know. Highlighted by the report was a failure to accurately track vital statistics, which hindered research on the subject and more accurate reporting. Researchers called for more detailed coding on death certificates. The hope is to more accurately capture if a medical error is the cause.

This lack of detailed accounting on both injuries and fatalities as a result of medical error and medical mistakes, has led to this very real problem not getting the focus it deserves. Patient safety needs to be a top priority of our healthcare system and legislatures. No one expects to seek medical attention and experience further harm as a result. A sad fact is that it can and does happen. Read on to learn about many types of medical errors that can occur.

Common medical errors

Misdiagnosis – An error in diagnosis or delayed diagnosis is the most common type of medical error. Often, a speedy and accurate diagnosis is
Physicians performing surgery

essential in starting a proper course of treatment. A wrong diagnosis can cause a dangerous and sometimes fatal delay in treatment.
Surgical errors – We’ve all heard horror stories of wrong site surgeries, or even of surgeons operating on the wrong patient. There are many surgical errors that are a result of medical negligence. An example of this is leaving objects, such as surgical sponges or even medical instruments inside a patient’s body after surgery. Puncturing an organ or causing an infection due to a surgical error are other problems that can lead to serious injury, as is failing to properly monitor vital signs. Surgical errors can lead to a devastating outcome for a patient.
Anesthesia errors – One of the most serious medical malpractice injuries can come from a negligent anesthesia error. This can sometimes result in brain damage, coma or death before action can be taken. More specifically, anesthesia errors can result in stroke, heart attack, asphyxia, brain injury, birth defects and many more injuries. Giving the wrong dosage of anesthesia, failing to monitor the patient properly, failing to properly administer oxygen or failing to recognize complications are just a few of the anesthesia errors that occur.
Medication errors – Medication and other prescription errors can occur at many different stages in the medication prescribing and dispensing process. For instance, an error could be made in ordering or prescribing or in entering the information into a computer. Medication mistakes can also happen when the drug is dispensed or administered or in monitoring the patient. According to the FDA, they receive more than 100,000 reports in the U.S. each year associated with a suspected medication error. Medication errors could result in a variety of injuries from birth defects to adverse reaction, life threatening conditions, disability and even fatality.
Errors due to lack of communication – Medical errors and injury may result from the lack of proper communication and coordination between healthcare providers. It can also be a result of lack of communication between a doctor and a patient. Good communication is essential between all parties involved in medical treatment. This is a very preventable medical error that can lead to serious harm.
Failure to properly monitor a patient – Failure to monitor could lead to missed medical warning signs. This may result in valuable time lost in properly treating a patient. It may even result in irreversible injury. Monitoring is essential in medical care.
Lab errors – Failure to properly read test results can lead to a wrong diagnosis and wrong treatment. This can lead to a dangerous delay in properly treating a medical condition. Errors in testing, reading tests and in communicating results can all cause harm.
Medical equipment malfunction – Medical equipment that is not kept in good working order can cause serious harm or possibly death. An example of this might include a case of a malfunctioning defibrillator.
Blood transfusions errors – Blood transfusions are high-risk procedures. Errors can occur during the transfusion process. They can occur when identifying a patient, in blood typing, in failing to test for contamination in blood or in failing to recognize a blood transfusion reaction.
Birth injuries as a result of medical errors – Every year, tens of thousands of birth injuries occur in the U.S. Birth injuries can include traumatic brain injury or other brain injuries and oxygen deprivation among other errors. A failure to anticipate complications or to diagnose an ailment could be life threatening. Birth injuries that can be caused by medical errors include Hypoxic-Ischemic Encephalopathy or HIE. Cerebral Palsy, and Erb’s Palsy/Shoulder Dystocia are other examples of birth injuries. Medical errors resulting in birth injuries can include a failure to detect fetal distress or a delayed cesarean section. They can also include a delay in diagnosis or the improper use of birthing tools among other errors. Birth errors can have a lifelong impact on children and families.

How can patients better protect themselves from certain medical errors?

The sad truth is that many medical errors are often preventable. Medical mistakes are frequently the result of carelessness on the part of a doctor or another medical professional or healthcare provider. Here are five ways you can protect yourself.

Be assertive and ask questions – Don’t be afraid to ask. You will want to know the risks and disadvantages of various procedures, side effects of medication and other treatments, etc..
Bring along an advocate – It sometimes gets confusing, and having a family member or friend with you at an appointment can help.
Watch for signs of medical staff fatigue in an understaffed health care facility.
Make sure all medical providers know all of the medication you are taking. Alert them to medication allergies and reactions as well.
Don’t be afraid to ask for a second opinion.

Medical Malpractice

When errors are made in the medical profession, they can result in serious and sometimes fatal consequences. For medical malpractice to be considered in a case, the following must have occurred: harm was suffered by a patient as the result of a medical professional failing to provide a standard of care that other medical professionals would have provided under the same circumstances. If you believe you have been injured by a medical error, it’s important to act quickly to protect your legal rights. Speak to an experienced medical malpractice lawyer who can evaluate the circumstances of your case. A knowledgeable medical injury lawyer can tell you if you have a medical malpractice case.

Click to read more from Distasio, Kowalski & Yelen medical injury lawyers about medical malpractice, medical misdiagnosis, or birth injuries.

Tag: medical negligence