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Birth Injury

CZR Wins One of the Largest Ever Medical Malpractice Verdicts in California History

- Paul Zuckerman

Attorneys Nicholas C. Rowley, Robert J. Ounjian, and Rod Ritner of Southern California-based law firm Carpenter, Zuckerman & Rowley have won one of the largest medical malpractice verdicts in the history of California with a verdict of $74,525,000 for the plaintiff. The verdict aids the family of a child who now suffers cerebral palsy after suffering serious birth injuries at the Sierra Vista Regional Medical Center in 2009.

While the plaintiffs did not wish to seek a lawsuit originally for this San Luis Obispo brain injury, the responsible doctor and hospital refused to provide any answers, compensation, or apologies for what they had done. The now-three-year-old child suffered brain trauma when being born after an over four hour second-stage of labor and prolonged pushing and crowning. The obstetrician responsible for the birth acted negligently in several instances, including not assessing contractions for 30 minutes, not performing an episiotomy, not attempting to vacuum, and not using forceps to assist in delivery.

After the delivery, hospital staff did not properly intubate or ventilate the child and disposed of the baby’s cord blood, which can prove that there was brain damage during the delivery. Additionally, it was proven that evidence was destroyed and medical records were falsified to cover up the errors that occurred during the birth.

The verdict is believed to be the first medical malpractice jury verdict against a doctor in San Luis Obispo in more than 20 years. While the defendants originally offered no compensation to the plaintiffs for their losses, and later offered a $2 million settlement, the $74,525,000 verdict will pay for future medical expenses for the injured child throughout her life, past damages, and future non-economic damages, as well as pain and suffering experienced by the child’s parents due to the incident.

Medical malpractice, especially incidents that cause birth injuries, can result in lifelong, serious disabilities for victims. Often, these injuries require extensive and prolonged medical care which results in enormous expenses for a family. At Carpenter, Zuckerman & Rowley, our dedicated San Luis Obispo medical malpractice attorneys have years of success and are determined to help victims deal with their injuries and losses to the best of their abilities without suffering economic damages caused by another’s negligence. For more information on how we can aid you in your case, call us today at 213-514-8332.

What Are Your Rights for Compensation in a Birth Injury Lawsuit

- Paul Zuckerman

Birth Injury LawyersHas your child suffered a birth injury due to the mistakes of a doctor or hospital staff? You may be wondering what your rights are. At Carpenter, Zuckerman, & Rowley, our San Diego birth injury medical malpractice attorneys have seen many types of mistakes that lead to major injuries for children. Commonly, brain injuries and brachial plexus damage are the most common forms of trauma experienced, and have the most long-lasting results.

Families can seek compensation from the responsible parties and their insurance providers for taking care of injured children. But what economic damages can be claimed when searching for payment?

  • Lost Future Earning Capacity – Your injured child may be limited in how he or she will be able to work during adulthood. It is possible that they will be unable to work at all. These lost wages can be compensated.
  • Medical Expenses – Both immediately after and possibly during the course of many years, the injured child will need medical care, possibly for surgeries and types of therapy. In any case, this can be a costly experience.
  • Attendant Care – Often, children with permanent brain injuries will be unable to take care of themselves, both in infancy and adulthood. In order to provide for their needs and keep them safe, they will need an attendant who will be by their side every day. Decades-long care can easily rack up the expenses, but is vital to their wellbeing. This care can also be paid for through compensation.

If you believe your child has suffered a brain injury due to the negligent actions of a medical staff, do not wait to protect your rights. Swift action is vital for a successful claim. Contact the legal team at Carpenter, Zuckerman, & Rowley to learn more about how you can protect your child’s future. Our number is (619) 814-9000.

What Evidence is Vital to a Birth Injury Lawsuit?

- Paul Zuckerman

In this two-part blog series on birth injury evidence, we will be discussing what can prove that your child suffer trauma due to medical malpractice. Check back in soon for part two.

Birth Injury LawyersAt Carpenter, Zuckerman & Rowley, we understand that although no one expects to be the victim of a birth injury, it is important that everyone know what evidence is a vital part of the lawsuit process. By having this knowledge, quick action can be taken and needed evidence can be preserved so that victims and their loved ones can preserve the rights and hope for the future. Often, medical records will document these occurrences, and so, preserve copies for possible later use.

  • Cord Blood Gases – After a birth, the blood left in the placenta and umbilical cord can be evidence that shows if any injuries have affected the child. Checking oxygen and carbon dioxide left in the blood will show what the baby’s status was in the moments leading up to delivery. These records play a vital role in proving medical malpractice.
  • Irregular Heart Rhythm – Leading up to and during delivery, doctors will check on the heartbeat of both mother and child. If this dangerously alters or drops, immediate action needs to be taken, or else serious trauma could result.
  • Signs of Fetal Distress – This occurs when something is harming the child in the womb, such as lack of oxygen. If these are recorded and doctors do nothing, serious injuries may result.

If you suspect that a medical professional has caused injuries to you or your child due to recklessness or negligence, get in touch with a member of the staff at Carpenter, Zuckerman & Rowley. Being experienced Beverly Hills birth injury attorneys for vital information regarding what you can do in the wake of an injury. To learn more via a no-cost case consultation, call our offices at 213-514-8332.

More Signs that Your Child Has Suffered a Birth Injury

- Paul Zuckerman

newborn baby 233171 2859 300x225 More Signs that Your Child Has Suffered a Birth InjuryThis is the second part of a two-part blog series on birth injury evidence discussing how to prove that your child suffered trauma due to medical malpractice. Read the first entry to learn more about evidence including cord blood.

A skilled San Diego birth injury victim lawyer will know what signs and evidence can prove that a birth injury not only took place, but what was the direct cause of the trauma. However, it is vital that all parents be aware of these signs as well. Doing so can protect their legal rights and help them to seek medical care for a child as soon as possible.

  • Excessive Time for Delivery – While every delivery takes a different amount of time, there are certain time tables that doctors should stick to. If delivery takes too long, oxygen may be cut off to the fetus and cause brain damage. Documents will show how long the procedure took and when each action was taken.
  • Visible Trauma on Infant – Not all damage is internal. Look out for cuts and bruises on the child, as well as irregular behavior and disuse of limbs.
  • Lengthy Recovery Time – Keep track of how long it takes for you or the child to heal from injuries. However, do not wait to seek legal representation until healing is complete, as this may never fully occur.

It is vital to remember that any single one of these incidents may be the sign of greater problems. Should you suspect that your child has been injured during birth, do not wait to take action. The sooner this can be proven, the sooner medical attention can be sought to prevent the effects from worsening. Additionally, this will aid in any legal case that you decide to bring against responsible parties. In any instance, put the safety and health of your child first and stay aware of any possible complications that may have happened.

Get in touch with the legal team at Carpenter, Zuckerman & Rowley if you are considering pursuing legal action against negligent hospital staff. Through a free consultation that we give to those who call (619) 814-9000 or contact us online, you can better understand your rights and make the best decision for the future welfare of your child.

Attorney Nicholas C. Rowley Seeks Compensation for San Luis Obispo Girl’s Birth Injury Brain Damage

- Paul Zuckerman

California personal injury attorney Nicholas C. Rowley of the law firm Carpenter, Zuckerman & Rowley is pursuing compensation for a nearly three-year-old girl and her family for the losses and continued financial burden caused by the brain damage she suffered due to a completely preventable birth injury. Due to the overseeing doctor’s actions, the young girl suffered brain damage from a lack of oxygen during delivery and now has cerebral palsy, which will last for her entire life.

This serious brain injury occurred when the child was born in April, 2009 in Sierra Vista Regional Medical Center, and was caused by the doctor’s unnecessary delay in delivery. During the incident, the doctor did not employ any methods to expedite delivery, such as use of vacuum, forceps, or incisions to speed up the birth. As such, the baby who was expected to be born at 6:13 am wasn’t delivered until 6:38 am and experienced a severe drop in her heart rate several minutes before the birth. After being born, the girl had to be resuscitated.

Often, detractors of medical malpractice claim that the damages won by malpractice cases increase the rates of malpractice insurance and doctors’ medical bills, but this is not true. In total, medical malpractice compensation makes up a small portion of overall medical costs and the limiting of what can be won will not decrease debt but rather harm those who seek desperately needed compensation to help with their ongoing costs and losses.

The injuries that result from medical malpractice are often incredibly severe in nature and are frequently permanent. The Southern California medical malpractice injury lawyers at Carpenter, Zuckerman & Rowley have a track record of success and the skills needed to win your proper and much-needed compensation. For more information on how we can help you, call us at 213-514-8332.