Negligence Cost a Hospital $4.2

The King County Superior court recently decided that the Evergreen Hospital Medical Center in Kirkland, WA was negligent in the case of a Maple Valley girl, and is required to pay $4.25 million to cover the expenses of her special needs. The case involved five year old Miriam Tavares who suffers from Cerebral Palsy, and severe brain damage, can not walk or talk, and must be fed through a gastric tube and Cerebral Palsy.

In a statement issued after the court’s decision, the hospital announced that it will appeal the decision.

Most of the money, approximately $2.5 million will be used to cover Miriam’s future medical expenses, $350,000 will cover past medical costs and the remaining $1.4 million will cover Miriam’s damages.

Apparently the court agreed with the family’s lawyer who claimed, that “this was a preventable injury”. That makes the reality of Miriam’s ruined life, and the burden being carried by her family, al the more tragic.

The family had originally sued the medical facility for $8 million which they claimed was the amount necessary to cover Miriam’s medical expenses until she reached the age of 40. The jury’s decision to award slightly more than half the plaintiff’s request was based in part on their assessment that Miriam had a shorter life expectancy. In addition, the jury rejected the family’s request for $4 million compensation for the burden they now face daily.

In a classic case of “seeing the cup half full rather than half empty”, the hospital’s spokeswoman Sherry Grindelland viewed the decision as a “partial victory for the hospital”, in view of the fact that the family “was asking for a huge settlement”. While not willing to provide additional details for a case which was in the midst of ongoing litigation, Ms. Grindelland claimed that the baby’s injuries occurred before the mother ever reached the hospital.

"Everyone at the hospital was and is saddened by the child's injuries and by the challenges this has presented for her family," she said. Ms. Grindelland expressed her personal and the hospital’s sadness over the Miriam’s disabilities and the crisis that now confronts the family, she claimed that the hospital strives to provide state of the art care for all hospital patients, while noting that not all circumstances are within the hospital’s ability to prevent or circumvent. This statement was widely viewed as the opening shot in preparing them that the hospital will, be pursuing the case based on very definitive evidence that absolves them of any direct responsibility for Miriam’s condition.

The Tavares’ malpractice claim holds the hospital negligent because it allowed for a 20 minute oxygen deprivation caused by for at least 20 minutes of oxygen during birth of deprivation after the placenta prematurely separated from the mother's uterine wall.

The chronology of the events reads as follows: Monday, May 30th 8:25 p.m. on May 30, Miriam’s mother Sharla Tavares checked into the hospital with contractions. In fact Sharla, who has a history of placental abruption, was scheduled for a C-section on Tuesday. This type of complication can deprive the baby of oxygen and cause heavy bleeding in the mother. Despite this fact, the obstetrician left the hospital without being notified of the high level of risk involved.

At 8:45 when the baby started showing signs of distress Tavares's fetal monitor began to show signs the nurses failed to contact the physician with any sense of urgency.

At 9 p.m., the monitor showed that the baby’s heart rate had dipped below 90 beats per minute. Whereas, the normal heart rate in a baby is between 130 and 190 beats per minute.

At 9:18 the obstetrician arrived (having finally been contacted by the nurses) and he performed an emergency C-section.

At 9:24 Miriam was born lifeless due to the 20 minute oxygen deprivation. The doctors attempts to save her life were successful and she was finally resuscitated.

Traumatic Brain Injury

In its simplest terms, a traumatic brain injury (TBI) is caused by a blow, jolt or other injury to the head which results in disruption or trauma to the normal function of the brain. TBIs may result from car accidents, falls and even assaults. Professional athletes who participate in contact sports are also at a greater risk for suffering a TBI due to the increased likelihood of a blow to the head.

TBIs can vary greatly in severity. Mild TBIs may cause only or a slight change in consciousness. However, severe TBIs can result in an extended period of unconsciousness or even amnesia. Unfortunately, TBI symptoms can be subtle and difficult to detect.

Symptoms of TBI

The most common symptoms of a TBI include:

• loss of consciousness

• headache

• confusion

• mood changes

• dizziness

• ringing in the ears

• “tinny” taste in mouth

• blurred vision

• sudden, extreme fatigue.

Memory trouble, lapses in concentration and difficulty thinking or speaking can also be experienced by TBI sufferers. The severity of these symptoms seems to depend upon the extent of the injury.

Treatment for TBI

Patients exhibiting symptoms of TBI need to seek medical attention as soon as possible. While brain damage suffered as a result of the TBI cannot be reversed, medical personnel can stabilize and treat the patient to prevent additional injury. Medical attention to the physical manifestations of injury, as well as treatment aimed towards addressing behavioral problems following a TBI, is recommended. Some TBI patients may require surgery to repair ruptured blood vessels or bruised brain tissue. Patients may also require X-rays and CAT scans to detect accompanying injury to the bones or spinal cord. Rehabilitation techniques such as physical therapy and speech and language therapy are often needed later on in the recovery process. The goal of treatment and rehabilitation is to assist the TBI patient in achieving the highest level of function possible following the devastating effects of a TBI.

Prognosis for TBI Victims

The prognosis for a TBI patient depends upon the severity of the injury, and the age and general health of the patient. Minor disability can include impaired memory function and difficulty with thinking, concentration and communication. More serious disabilities include extended periods of unconsciousness, coma and even persistent vegetative state. TBI patients also demonstrate an increased likelihood of developing age-related disorders such as epilepsy, Parkinson’s, and Alzheimer’s.

Economic and Physical Impact

Of the approximate 1.4 million of people affected with TBIs in this country, it is estimated that 50,000 die, 235,000 are hospitalized, and 1.1 million are treated. The Centers for Disease Control and Prevention estimates that at least 5.3 million Americans have a long term or lifelong need for medical care as a result of a TBI. As these statistics demonstrate, the economic and emotional costs resulting from TBIs are staggering.

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What Causes Cerebral Palsy?

Cerebral Palsy comes from a group of disorders that impede the brain’s control of our movement. The term ‘cerebral palsy’ is actually an umbrella term so there can actually be several various causes for the disorder. While all of the causes aren’t clearly known, certain conditions and events linked to the mother and child have been shown to result in cerebral palsy.

Sometime oxygen shortages that occur during pregnancy can cause brain damage and birth asphyxia. It is estimated that an inadequate supply of oxygen to the brain causes around ten percent of all cerebral palsy cases. In addition, other blood conditions may result in severe jaundice which can also cause cerebral palsy. Pregnant mothers with infections have been shown to cause this disorder as well as the use of drugs and alcohol during pregnancy. Brain infections and head injuries in the child can also lead to severe brain damage and cerebral palsy.

Many causes of cerebral palsy can be prevented with the simple steps of good health care. In some cases negligent medical professional are responsible for contributing to cases of cerebral palsy. If your child suffers from this disorder, it is very important to learn your legal rights as a concerned parent. Please discuss your situation with an experienced cerebral palsy attorney today.

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