Young Boy Suffers Brain Aneurysm and the Results of a Doctor's Failure to Diagnose

It is every parent's nightmare to lose a young child, but that turned out to be reality for one family in this medical malpractice case.

"Gerry" was a 9th grader who competed in track and field. One day after track practice, Gerry called home to tell his father that he was not feeling very well and that he had unexpectedly vomited. The father picked his son up at school and when they got home, Gerry was so weak that he had trouble getting out of the car. His father called a doctor who told him to make sure the boy had enough fluids and to keep an eye on him. Gerry drank Gatorade, ate some toast and went to bed.

The next day Gerry woke up still weak and with a stiff neck. His mother called the doctor who was concerned about the stiff neck and insisted that the boy be brought in immediately. The doctor gave Gerry a rapid strep test, which came back positive -indicating that bacteria was developing in his throat and neck. Gerry was sent immediately to the emergency room.

At the hospital Gerry was given a brain scan and a spinal tap. The hospital staff discovered blood was in the fluid removed from the spine. One of the doctors said she "nicked" Gerry during the spinal tap but that Gerry was okay. The hospital continued treating Gerry for another 24 hours based a diagnosis of possible meningitis. He was discharged from the hospital despite his complaints of his neck still being stiff, and him not being able to read. One doctor told Gerry's mother that it was just sinusitis and strep throat.

Two days later, Gerry was taking a shower and collapsed. He was taken to a different hospital with different doctors. When the original medical records arrived, it was revealed that Gerry had previously suffered a brain aneurysm and this was a "second bleed". Tragically, the young boy died. As it turned out, the blood found in the spinal tap was not a result of a "nick" - but an aneurysm that if detected earlier, could have been treated with emergency surgery. With a medical malpractice lawyer a wrongful death suit against the hospital had been brought and settled for a substantial sum - right after the defendant's pediatric neurologist testified that she should have considered that the blood in the spinal fluid could have also been the result of an aneurysm.

Failure to Do a Timely Cesarean Section Can Cause Brain Damage and Cerebral Palsy

Cerebral palsy is one of the most common injuries that can happen to a baby during his or her birth. Cerebral palsy is a type of brain injury that can possibly lead to brain damage because the oxygen supply to the baby's brain becomes limited. It can cause extensive damage to the baby's cerebrum, the part of the brain responsible for memory and motor and sensory functions. If a child develops cerebral palsy, he or she will have a hard time controlling his movements, plus he or she will also have limited mental capacity.

One of the factors that can contribute to the development of cerebral palsy in a newborn baby is the delay of carrying out a cesarean section. These days, more and more women are opting to deliver through cesarean section, since this is the ideal way of giving birth for babies that are too large to fit in the birth canal. It is also used if the mother suffers from unwanted pregnancy and medical disorders, such as placenta abruptio, placenta previa, and diabetes, or if the fetus is in distress. During emergency cases, the doctor needs to immediately decide to have a cesarean section so as to prevent further fetal distress and other potential problems for the newborn. For example, studies have shown that failure to do a timely cesarean section can lead to cerebral palsy and subsequent brain damage.

If the doctor delays in ordering a cesarean section, and this momentary hesitation results to birth injuries and fatalities, the doctor can be held liable for it. The doctor can also be held liable for failing to diagnose the problem. You can file a lawsuit against the doctor for lack of proper judgment during an emergency situation. For you to be able to exercise your rights in this scenario, you will need to hire the services of a birth injury lawyer.

Your lawyer will be able to determine whether a certain birth injury is caused by the doctor or not. Remember, not all birth injuries can be considered as the fault of the doctor of the hospital. For example, birth injuries occurring because of the natural course of labor can hardly be blamed on the doctor, since it will not be accepted by the court.

Having a birth injury lawyer is essential since he knows the ins and outs of birth injury laws governing your state. They will be able to explain to you the rules that need to be satisfied in order to say that a doctor is liable for a birth injury.