G. Eric Nielson & Associates, LLC

Childbirth is supposed to be one of the most joyous occasions in a woman's life; however, sometimes there are problems during childbirth that can result in your newborn suffering severe, maybe even lifelong injuries.

Anoxic/Hypoxic Ischemia

Two problems that can occur during childbirth are Anoxic Ischemia and Hypoxic Ischemia. Anoxic Ischemia means there was absolutely no oxygen being delivered to the baby during childbirth or right after delivery, and hypoxic ischemia means there was a decreased and inadequate amount of oxygen getting to the infant. The decreased amount of oxygen or the total lack of oxygen causes damage to the infant's brain and/or spinal cord.

When a newborn suffers from these serious conditions, it is quite possible that a physician's medical malpractice is to blame. Though hypoxic ischemic encephalopathy is quite rare (2-4 cases out of every 1,000 births), when the condition does develop, it is very serious in that it can threaten the baby's survival and cause permanent brain damage. Approximately 20% of all infants with this condition will die during the newborn period. And of the ones that do survive, at least 25% will have permanent neurological problems. Hypoxic ischemic encephalopathy is a frequent cause for epilepsy, mental retardation and learning disabilities.

The exact causes of this condition are not known, but some studies have revealed that complications with the umbilical cord, rupture of the uterus, maternal low blood pressure, and other complications can cause hypoxic ischemic encephalopathy.

What Can You Do?

Many mothers and fathers feel helpless when their baby is born with these conditions and they don't know how to manage everything that will now be coming their way. Young parents may be faced with astronomical medical bills, long-term care costs, and special schooling expenses. We can help you. Our law firm has attorneys with a great deal of medical malpractice experience, and we know how to help families that are in your situation. If your child's condition was caused by medical malpractice, we will fight to get you the compensation you deserve.

If you or a loved one has suffered from Hypoxic/Anoxic Ischemia or any other birth injury, please contact the experienced Medical Malpractice Attorneys at G. Eric Nielson & Associates, serving Salt Lake City, Price, Tooele and the surrounding areas.

Analgesic drugs are commonly used to relieve pain. Some analgesics, such as aspirin and acetaminophen, are relatively mild and are available over the counter.

Other analgesics, however, are powerful narcotics, and are available only with a prescription. Some common prescription analgesics include morphine and codeine, which are naturally occurring opiates; hydrocodone (Vicodin and Lortab) and oxycodone (OxyContin and Percocet), which are semi-synthetic opioids; and fully synthetic opioids, such as Fentanyl and Methadone. Under the close supervision of health care providers, these drugs can play an important part of a patient's pain management regimen.

Unfortunately, these drugs can also cause serious side effects, from nausea and constipation to respiratory arrest and even death. Additionally, due to their narcotic nature, there is a high propensity for addiction and abuse. Over-prescribing these drugs, or improperly supervising a patient's pain management regimen, can cause serious personal injuries and give rise to medical malpractice claims.

Sometimes, careless physicians can transition patients from one narcotic painkiller to another, with disastrous consequences. For instance, Methadone is metabolized very slowly, and has a half-life of 15-60 hours. Additionally, it is fat soluble, and can remain in your system longer than other drugs. Likewise, OxyContin, a popular brand of oxycodone, is formulated to be released over time (the name is an abbreviation of Oxycodone Continuous release). When a patient is taken off of a "slow" drug and transitioned to a fast acting, instant release version, overdose can easily occur. The results of overdose can include respiratory arrest, anoxic brain injuries, or even wrongful death.

The Utah Medical Malpractice Lawyers at G. Eric Nielson & Associates are experienced in handling products liability and medical malpractice cases involving narcotics and pharmaceuticals. We work closely with a team of pharmacologists, toxicologists, and medical doctors to determine whether patients have been injured by dangerous drugs, medical negligence, or pharmacist error. If you or someone you know has been injured because of addiction, overdose, or death, contact the attorneys at G. Eric Nielson & Associates for a free consultation today. Remember, Medical Malpractice is All We Do.

Labels: dangerous drugs, pharmaceutical error

In Utah, most physicians are not employed directly by hospitals. Instead, they are independent practitioners that enter professional service contracts with the hospital's corporate owners. Generally, because a doctor is not a hospital employee, the the corporations have no liability for the doctor's negligence. See generally Butterfield v. Okubo, 831 P.2d 97, 100 (Utah 1992).

Hospitals, however, have the responsibility to verify a physician's credentials before extending privileges. Significantly, an ongoing case in West Virginia might be the latest to recognize corporate liability of hospitals for negligently allowing incompetent or otherwise unqualified physicians to practice. The negligent credentialing of physicians is part of a growing problem with corporate mismanagement of health care, and may contribute to instances of medical malpractice.

The West Virginia case involves an injured patient's claims that a hospital's corporate parent, Hospital Corporation of America, Inc. ("HCA"), acted unreasonably by extending hospital privileges to a doctor with more than a hundred medical negligence claims against him. Locally, HCA and its corporate subsidiaries own and operate several hospitals, including St. Mark's Hospital, Ogden Regional Medical Center, and Timpanogos Regional Hospital.

If you or someone you love has been injured by a physician's medical malpractice, the hospital's corporate owners might be liable for granting privileges to the negligent doctor. The medical malpractice attorneys at G. Eric Nielson & Associates can speak with you directly and tell you if you have a negligent credentialing claim.

Labels: hospital liability, negligent credentialing

Recovering monetary awards for medical expenses and pain and suffering caused by birth injuries is an important part of our job. It is rarely, however, the last step in the litigation process. The Utah malpractice attorneys at G. Eric Nielson & Associates also work closely with parents and legal guardians to assist with planning for a minor's future medical and other expenses.

One of the most frightening aspects of having a child who has suffered a birth injury or other harm from medical malpractice is planning for their future economic needs. Birth injuries resulting in cerebral palsy, nerve damage, or other complications guarantee a lifetime of medical bills and other unique expenses. We make it a priority to assist clients with planning for the future needs of children who are victims of medical malpractice. Through our network of experts, and close relationships with financial professionals, we can help parents answer questions about the future health care needs of children who are victims of medical malpractice.

Additionally, many young children are dependent on state and federal assistance programs. Without careful planning, settlement of a minor's personal injury claim can jeopardize their eligibility for certain kinds of government assistance. The attorneys at G. Eric Nielson & Associates will assist parents and legal guardians in planning for these special needs.

If you are the parent of a child who has suffered a birth injury or other harm from medical negligence, contact the medical malpractice attorneys at G. Eric Nielson & Associates today.

Labels: birth injuries, minor settlements, special needs trusts