Proving that an injury that occurred during birth is a result of medical malpractice can be a difficult and frustrating process. If you suspect that your child may have suffered an injury due to doctor or hospital negligence, the most important thing you can do is to contact a medical malpractice lawyer. According to BirthInjury.org, a non-profit that provides support to families who have been affected by a birth injury, states that the most common types of birth injury are brachial plexus injury and cerebral palsy. Birth injuries can refer to either those suffered by the mother or the baby.

The brachial plexus is a bundle of nerves that beings at the base of the neck, according to BirthInjury.org. “There are two common systems used to classify or describe different kinds of brachial plexus injuries,” reports BirthInjury.org. “The simplest uses the severity of the injury from least to greatest: (1) stretch, (2) rupture and (3) avulsion.” Many times stretch injuries heal quickly and can often result in a full recovery. Avulsion, conversely, is the most serious type of brachial plexus birth injury and can result in immobility or even lack of growth in a leg. “The only known cause of avulsion injuries is extreme traction (pulling) applied to the brachial plexus,” reports BirthInjury.org.

Cerebral palsy refers to a series of brain injuries that can occur as a result of medical malpractice during the birthing process. “Cerebral palsy is a non-progressive impairment of your child’s motor functions which causes physical disability as your child develops,” BirthInjury.org reports.

According to the Healthcare Cost and Utilization Project (HCUP), in 2006 there were nearly 157,700 birth injuries that occurred to either the mother or baby, which could have been avoided. Injuries were more common for baby boys than girls.

If you or someone you know was affected by a birth injury in Westport, you are likely eligible for compensation. Contact Richard H. Raphael Attorney at Law today.

The New York Times recently reported on the enormous increase in the use of medical imaging and the impact that increase has had in the number of cancer deaths in the last two decades.

Cancer is the number two cause of death in the United States, but it is quickly catching up to and may soon surpass the leading cause of death – heart disease. Medical imaging – particularly CT scans – exposes the patient to high doses of radiation. According to the Mayo Clinic, a CT scan performs by    combining “a series of X-ray views taken from many different angles and computer processing to create cross-sectional images of the bones and soft tissues inside your body.”

The radiation from a CT scan (also referred to as a cat scan) is 100 to 1,000 times higher than X-rays. Many doctors have always concluded that the benefits of using CT scans for diagnostic purposes far exceeded the risks of that exposure. Today, however, in a 2009 study, the National Council on Radiation Protection & Measurements (NCRP) reported that there will be an extra 29,000 cases of cancer caused from CT scans performed in the year 2007. And 14,500 of those cancer cases will be terminal.

In another study, the NCRP also reports that in 1980 there were 3 million scans performed. Today, there are 62 million CT scans performed annually.

The correlation between the radiation in CT scans and cancer has been documented in several studies. Just one CT scan exposes a person to enough radiation that could cause cancer and has been compared as the same amount of radiation exposure as people were exposed to in Hiroshima and Nagasaki, many who later died of cancer.

Research has also revealed that children are even more at risk than adults. They are three times more likely to develop brain cancer or leukemia from CT scan radiation exposure.

Medical experts say that better guidelines and standards need to be established on the use of medical imaging. They also say that better oversight is needed. Currently, the U.S. Food and Drug Administration (FDA) is only responsible of the approval of scanners, but does not have any jurisdiction on how they are used.

If you have suffered injuries or illness brought on by medical error, contact a qualified Westport medical malpractice attorney today to find out what kind of civil options you may have for pain and loss.

Reuters is reporting that Biomet Inc. is going to pay $56 million to settle multiple lawsuits against them for the company’s defective metal hip replacements. Hundreds of plaintiffs across the country had filed lawsuits against Biomet for their metal-on-metal hip replacement devices known as M2a-38 and M2a-Magnum. These suits were all combined and an Indiana federal court heard the case against the company.  Biomet’s headquarters are located in Indiana.

According to the lawsuit, these metal-on-metal devices are made from cobalt and chromium alloy. As grinding of the ball and cup articular surfaces takes place, the defect in the device releases an excessive amount of these two metals. Plaintiffs in the case experienced early failure of the hip replacement devices and many suffered from metallosis – elevated metal ion poisoning. This led to often painful revisions and a long rehab process.

Biomet will put $50 million into an escrow account to pay all those plaintiffs who have been forced to have the revision surgery. Each claimant will receive a base $200,000, with any more funds being determined by clinical factors in each individual case. There are at least 200 claimants who have not had the surgery yet. They will not receive any funds as part of the settlement until, or if, they have the revision surgery.

The other $6 million will go towards attorney fees.

Despite the settlement agreement, Biomet maintains that their product were not responsible for any injuries or damages suffered by anyone who received those implants. However, it was revealed that shortly after Biomet introduced the devices in 2004, hundreds of complaints of the product failure began coming in to the company. Biomet didn’t act on those complaints.

Biomet isn’t the only hip replacement company facing litigation over defective metal hip replacement devices. Other companies include the Zimmer, Stryker, Biomet, Wright and DePuy.

If you received a defective hip replacement device, contact an experienced Westport medical malpractice attorney today to find out what compensation you may be entitled to for pain and loss.