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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Omaha Birth Injury Lawyers

Birth Injury Lawyer in Omaha, NE

The inexpressible sadness and burden that befalls families with infants tragically deformed by birth trauma, or lost due to such trauma during birthing, are complex legal malpractice cases. We have handled successfully hypoxia, anoxia, delayed cesarean section, improper medication including, but not limited to Pitocin, midwife errors, failure to diagnose transverse lie, improper attempts at vaginal delivery of premature infants, and maternal hemorrhage.

Birth trauma cases are complicated, costly, and life shattering. We approach these cases with candor, respect, open-mindedness, and a commitment to learn what went wrong and advocate forcefully for you and your family!

Common Examples of Birth Injury Malpractice

Medical malpractice specifically relating to birth injuries is caused when a doctor or healthcare provider fails to exercise a reasonable level of care. These physicians have a duty to care for their patients, and when they act in a careless or negligent manner, both the mother and her child can sustain serious injuries during the process of delivery. Some common examples of birth injury medical malpractice include:

Brachial Plexus Injury
This results from excessive stretching of nerves in the baby's neck during delivery. It is caused when the one delivering the baby uses excessive force or tools to pull the baby out. Injury sometimes can be treated easily, but surgery may be required.

Erroneous Premature Birth
The last few weeks of pregnancy are critical to the baby's health. During this time, many important organs, including the brain and lungs, complete development. Delivering a baby prematurely can cause newborns to suffer serious health problems, such as brain damage or death.

Failure to Note Mother's Preeclampsia
Preeclampsia is common in pregnant women. It can be managed by a health care provider. Failure to note preeclampsia can lead to bleeding problems, premature separate of the placenta from the uterus, rupture of the liver, stroke, or death.

Birth Injuries that May Lead to Cerebral Palsy
Cerebral palsy is a condition that commonly originates at birth. In some cases, this condition is the direct result of a healthcare provider's negligence. Some common types of malpractice that lead to cerebral palsy include:

  • Umbilical cord that prolapsed but was not noticed by the obstetrician
  • Lack of proper fetal heart rate monitoring
  • Making a mistake while using a delivery instrument such as forceps
  • Delay in performing a necessary cesarean section
  • Infections in the mother that were not detected and treated during her pregnancy

Maternal Hemorrhage
The most common cause of preventable maternal deaths during delivery is maternal hemorrhaging. Although obstetricians and other healthcare providers are equipped with the necessary tools and diagnostic processes to detect and stop fatal hemorrhaging, the event still occurs.

Birth injury medical malpractice cases have many of the same elements as other personal injury cases:

  • Breach of Duty - Medical providers have a standard of care that they have a duty to follow. While the exact nature of that standard will vary by jurisdiction, generally a physician will be held to the standard of exercising care that is similar to other competent healthcare practitioners in the same industry given similar conditions.
  • Causation - If the healthcare provider's breach of their duty of care causes the injury, they will be responsible for that injury.
  • Damages – Once a healthcare provider breaches their duty of care, they are responsible for the damages their breach of duty caused.

In medical malpractice cases, expert witnesses are used to prove the required standard of care, as well as the negligent health care provider's failure to meet that standard.

Birth Injury Trauma Cases

These are examples where our Nebraska personal injury attorneys were selected to provide help:

  • Father, a pharmacist and mother, a commercial pilot, sued for the cerebral palsy resulting from birth injury to their daughter. The baby was in an undiagnosed transverse lie position, did not engage in the birth canal, suffered cardiac depression and was injured through hypoxia or lack of oxygen to the brain.
  • Accountant father and clerical PA mother sought help for shoulder dystocia injury where measurements of mother's diminutive size were not taken to match the dimensions of the known large fetus.
  • Mother, who presented changing mole during pregnancy, and had it removed during postpartum hospitalization, hired us before her death to malignant melanoma, an injury unrelated to birth but discovered as a result of pregnancy and after birthing. Mother knew she was going to die and needed to provide for her child.

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