G. Eric Nielson & Associates, LLC

Advances in medical technology have done wonders to prevent many complications during childbirth. There are situations, however, where complications arise because medical professionals fail to follow the appropriate standard of care. When this happens, otherwise preventable complications may lead to serious and costly conditions.

Erb's Palsy is a birth injury that results from damage to the brachial plexus nerves when the newborn's neck is stretched on one side. Such trauma can occur during the birth of a large baby, a breech birth, or when the medical professional uses a negligent amount of force to pull the newborn out of the birth canal. The baby's shoulder becomes lodged against the mother's pelvic bone and attempts to help the baby out stretch the neck and shoulder too much.

The signs of Erb's Palsy are evident very early on and can vary depending on the type of injury:

• No muscle control or feeling in the arm or hand
• Little muscle control over the wrist
• Little or no muscle control over the shoulder
• Little or no muscle control over the elbow

Depending on the extent of nerve damage, there may be treatment options. The more damage the newborn sustained, the most costly treatment will be. If the damage is very serious, the child may experience some loss of quality of life.

At G. Eric Nielson & Associates we specialize in recognizing and dealing with birth injury claims. It is important to have a skilled medical malpractice attorney to determine if your child suffers from Erb's Palsy and whether it was caused by medical negligence.

Insurance Companies, managed-care organizations, doctors associations and other special interests groups in the health care industry seeking malpractice-liability "reforms" have sought to shift the blame for medical malpractice premiums on to the civil justice system. These same advocates often go as far as to blame the alarming lack of access to affordable, quality healthcare in the United States onto malpractice victims and their attorneys. These special interest groups have engaged in heavily funded campaigns to convince the public that rising health care costs are a direct result of a rise in merit less medical malpractice claims. However, these assertions are not based on careful analysis but on unfounded claims, fears, and misinformation which has had the unfortunate effect of discouraging many patients from pursuing well justified claims involving serious injuries caused by negligent health care providers.

In the face of such claims it's important to look at the facts. A report by the Institute of Medicine, the nation's most respected adviser on medical science, found preventable medical errors to be the eighth-leading cause of death in the U.S., contributing to up to 98,000 deaths annually. A study by the New England Journal of Medicine found that 13 out of every 100 patients are subjected to medical malpractice. Several studies suggest that for every 25 patients who are injured by a negligent doctor, only 1 of those patients will ever file a law suit.

America does indeed face a healthcare crisis in the form of widespread medical errors that often go unrecognized and uncorrected. Far too many doctors are injuring their patients, this is the real crisis. Additionally, the country faces a medical insurance crisis as insurance companies and special interest groups have succeeded in distracting legislative and public attention away from the real problems in the medical and insurance industries.

Do not let the rehtoric of the lobbyists and special interest groups of the medical and insurance industries prevent you from pursuing a justified claim. If you or someone you know have been seriously injured by negligent health care providers, the Utah Medical Malpractice Attorneys at G. Eric Nielson & Associates can help. Call us today for a free consultation. Toll free at 1-866-605-4556.

There are several common public miconceptions and myths about this issue, I will address these in future posts....stay tuned!

Labels: Medical Malpractice, Utah Personal Injury Attorneys

A hernia is a protrusion of an organ or other tissue through the membrane that normally holds it in place. Most hernias develop in the abdomen, and are accompanied by pain or discomfort. Laparascopic hernia repair operations are among the most common surgeries performed today.

During such procedures, the doctor uses sophisticated instruments to put the organ or tissue back in its place. The doctor will then repair the hole or weakness where the tissue came through. One of the ways doctors do this is by reinforcing the membrane with a mesh prosthesis, or "patch." These patches are constructed of special fibers imbedded with a memory recoil ring that holds the material in place.

Some kinds of patches, including the Bard Composix Kugel Hernia Repair Patch manufactured by Davol, Inc., a division of C.R. Bard, can be dangerous. Specifically, the patch's memory recoil ring has been known to break open. As a result of this defect, the mesh can come loose, or worse, the sharp edges of the broken ring can perforate organs, including the intestines. Harmful bacteria can then leak into the body, causing infections and other serious complications.

Because of these defects, beginning in 2005, the FDA issued a recall on several kinds of Bard Composix Kugel Hernia Repair patches. To date, there have been six separate recalls issued for defective patches.

If you have undergone surgical hernia repair and experienced post-operative complications, such as unexplained pain, nausea, infection, or other symptoms, you may have been injured by a defective Bard Composix Kugel patch. The company, and not you or your private insurance carrier, should be responsible for your pain and suffering, as well as the medical bills you will incur. You have a right to recover, even if your model has not been recalled. The Utah medical malpractice attorneys at G. Eric Nielson & Associates can help. Call for a free, no-obligation consultation today.

In Salt Lake City: (801) 424-9088

Toll Free: (866) 605-4556

Labels: defective products, surgical error