A birth injury diagnosis is a life-altering event for any family. While some complications are unavoidable, many are the direct result of medical negligence during pregnancy, labor, or the neonatal period. This category provides in-depth resources on injuries such as Cerebral Palsy, HIE (Hypoxic-Ischemic Encephalopathy), Brachial Plexus injuries, and the failure of medical teams to monitor fetal distress. At Lupetin & Unatin, we understand the complex medical standards required in labor and delivery wards. These articles explore how failures in the standard of care—such as delayed C-sections or improper use of delivery tools—can lead to permanent neurological or physical damage. Our goal is to empower parents with the information they need to understand what went wrong and how to secure the financial resources required for their child’s lifelong care and therapy.
Among the most unfortunate legal cases that our law firm handles are those involving death or injury to a fetus or newborn child. Too often what should be a time of great joy is instead filled with sadness because obstetricians, nurses or hospitals fail to assure that mother and child receive appropriate medical care during labor and delivery.
Significant maternal morbidity and death is a problem that for many women can and should be prevented. Studies show that 40-50% of all maternal deaths are preventable. Only a year or two into the course of my legal career, I met a young software engineer who immigrated to the United States. Tragically, my friend lost his wife and first child immediately following child-birth. I was humbled when asked to investigate whether the deaths could have been avoided.
A tragic case where reliance on dysfunctional Electronic Health Records (EHR) contributed to a delayed diagnosis of herpes meningitis in a newborn. Despite worsening symptoms, automated “default entries” in the digital record repeatedly listed the infant’s condition as normal, leading to irreversible brain damage and blindness. We examine how the “copy-paste” nature of modern medical charting can discourage thorough physical examinations and facilitate catastrophic medical errors in neonatal intensive care units.
This client was born premature, but healthy. The doctor decided the baby would never lead a “normal” life. So no resuscitation measures were taken… until the child’s father forced the doctor to resuscitate his baby. Because of the doctor’s delay, the baby suffered irreversible brain injury. The parents contacted one of our lawyers who conducted an investigation, filed a lawsuit and discovered the truth.
In one of the most significant medical malpractice cases in Blair County history, a jury awarded $4 million to the family of Jacob Mayhue for life-altering brain injuries sustained during a botched delivery. The lawsuit centered on the improper use of forceps and a delayed emergency C-section that resulted in cord prolapse and severe oxygen deprivation. This landmark verdict highlights the devastating consequences of obstetrical negligence and the critical importance of timely intervention during fetal distress.
In the second part of our guide to birth injury evaluation, we dive into the clinical and scientific defenses often raised by healthcare providers. This article analyzes common “hired gun” tactics, such as the “narrow window” defense and unproven theories regarding intrauterine infection (chorioamnionitis) and cytokine-induced brain injury. We discuss the gold standard of electronic fetal monitoring and how a meticulous review of medical literature can dismantle illegitimate medical theories used to deflect accountability in cases of obstetrical negligence.
This foundational article outlines the critical first steps in evaluating a potential birth injury claim, emphasizing the importance of timing and medical evidence in cases of birth asphyxia. We explore the nuances of Apgar scores, cord blood gas analysis, and the role of multi-organ system dysfunction in identifying oxygen deprivation during labor. By examining the technical complexities of prenatal and neonatal brain injuries, this guide helps families understand how to build a case that can withstand common medical defenses.
