In each tragic case, there was a mistake made that harmed the fetus. As a result, the child and the child’s family must brace for possible life-long care and health difficulties. This is a far cry from how things should have gone. Sadly, the main reason is negligence by a health care professional.
When a couple is expecting a baby, their doctor and various specialists must do their job to ensure that the child and mother will both be healthy after the birth. There are nine months for a doctor to explain risks and potential problems. If the mother is overweight, has diabetes, or has other health problems, her doctor needs to watch her closely with the goal of making sure that baby is delivered healthy.
So, if the short answer of how birth injuries occur is medical negligence, in what ways does that occur? Some of the problems that may cause cerebral palsy, which is due to lack of oxygen leading to brain damage, are issues that crop up prior to birth. These include miscalculating the size of the fetus or giving the wrong date for the birth; this can cause premature birth or postmature birth. If the doctor misses that the mother has an infection or other medical problem, or that the fetus has one of these problems, and it is not treated, major complications may arise.
Issues that arise during birth include administering the wrong kind of medication during delivery (this may occur during pregnancy, too), failing to respond to fetal distress or improperly monitoring the fetus, improper use of delivery instruments, like suction, and more. This is obviously the most vital part of the pregnancy and for something to go wrong at this point is beyond tragic. If a c-section is needed, the delivery team must be prepared. This can be dangerous for both the mother and the fetus.
After the child is born, there are still ways in which a birth injury may occur. This includes failing to give the child oxygen at the proper time if he or she needs it, failing to safely deliver the child when shoulder dystocia is presented (leading to Erb’s palsy), failing to deliver medicine when needed and more.
If your child has suffered a preventable birth injury in the state of New Jersey or the Philadelphia area, please visit the website of the experienced malpractice attorneys at Weiss & Paarz P.C. today.
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work. It is often said that the sea is a harsh mistress, but as an employer, the maritime environment is most likely just as tough and even dangerous.
In fact, according to the Bureau of Labor Statistics, the maritime occupation of being a fisherman is the most dangerous job in America. Statistics show that in 2998, fishermen had a fatality rate of 128.9 per 100,000 workers. Maritime workers run a high risk of getting involved in maritime injuries and wrongful death cases.
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
The Jones Act covers the following employees and “maritime vessels”:
• Seamen
• Fishing boat crew
• Offshore oil rigs workers
• Passenger ship employees
• Barges, freighters, and container ship workers
Maritime working vessels are not exactly defined under the law but courts have interpreted the statute to include other floating or places of work capable of floating.
When any of the above-mentioned maritime workers are injured or killed during the course and scope of their employment, the Jones Act shall apply. This statute provides legal rights for the injured employees to receive “maintenance and cure benefits” aside from personal injury damages.
Maintenance benefits are like a weekly allowance for the worker’s supposed food and shelter expenses had he not been injured while “cure” stands for the medical expenses and treatment incurred by the employee as a result of the injury.
Further, if the injury was a result of negligence, damages are also warranted and shall be given in the form of lost wages, fringe benefits loss, medical expenses, rehabilitation and therapy costs, pain and suffering which may also include pain and suffering, disability, or hedonic damages as the case may be.
The injured maritime worker may file a claim for economic and non-economic damages against his employer if he can prove that the vessel was not seaworthy. It is the absolute duty of the owner of the vessel to ensure that it is fit for voyage, with a competent crew and that it is a safe place for an employee to live and work.
Take note however, that in case the injury becomes a wrongful death, the recourse of the maritime employee’s family is to file a claim under the Death on the High Seas Act. Also, if another party can be held as liable for the injuries of the seaman, such as a co-employee, a personal injury claim can also be pursued.
Navigating through the many laws applicable to maritime injuries and wrongful death cases can be complicated, so once you or your loved one were involved in a maritime accident, acquiring the services of a personal injury lawyer who is well-versed in admiralty laws is a must.