Illinois Supreme Court and Medical Malpractice Caps
The Illinois Supreme Court recently decided to overturn a law that would have capped damages in Medical Malpractice cases.
Thursday morning the Illinois supreme court overturned a 2005 law that capped the amount of money victims can be awarded in medical malpractice lawsuits. Opinions on this decision vary to the extreme. Most citizens groups and trial lawyers praise the decision saying it protects patients and the separation of powers. But, most medical providers say, this will mean more expensive malpractice insurance and may force physicians out of Illinois.
Malpractice caps are a misleading way to save health care costs. That is one of the often quoted arguments as to why medical malpractice caps should be enacted. "Stop the out of control lawsuits and health care costs will go down." Not true. Lawsuit costs are only 2% of health care costs.
Illinois lawmakers have tried three times to join the more than 30 neighboring states which do have medical malpractice lawsuit caps. But, the most recent attempt enacted in 2005, has been thrown out by the Illinois Supreme Court.
"The ruling is that the legislature does not have the power to do things that are properly within the judicial branch," says past president of the Illinois Trial Lawyer's Association. "It's called separation of powers."
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Tweet thisThe Importance of a Medical Team to Help Treat Cerebral Palsy
Hearing that your child has cerebral palsy can be heartbreaking. Whether or not the disability was the result of medical malpractice, it can be difficult to hear that your child's life will be altered in the future. According to recent statistics, more than 10,000 babies born in the United States this year will be affected by cerebral palsy. This means that thousands of children will need cerebral palsy treatment to help their neurological disorder.
Cerebral palsy affects how the body moves and the posture of someone who has been diagnosed. One of the most common symptoms associated with cerebral palsy is spasticity. Spasticity is linked to muscle weakness and can cause abnormal reflexes in children. This symptom can negatively affect the hip abductor muscles, which can cause cramping. In some cases, spasticity can even force a child with cerebral palsy to have to walk on their toes. This can be dangerous since it increases the child's risk of falling.
Specialty Treatment
Although no cure has been found for cerebral palsy, there are treatments and different types of therapies that have helped better the quality of life of those living with the disability. Highly recommended by doctors who specialize in cerebral palsy is treating the child with a multidisciplinary medical and surgical team. Among the cerebral palsy specialists to be included in this team so the child is getting the best possible treatment are a neurologist, orthopedist, developmental pediatrician, speech therapist, and occupational therapist. These types of specialists can be found at hospitals and centers across the country. Each of these medical professionals specialize in specific areas designated to help those living with the cerebral palsy disability.
Doctors and researchers emphasize the importance of working with a medical team to help treat cerebral pasly so goals can be set and measured accurately. Many specialists also believe the treatment given is more effective when there are several people who are well-experienced working one-on-one with the child.
Trial Begins in Botox Lawsuit
A jury was selected earlier this week for the lawsuit brought about by the parents of a seven-year-old girl who died due to Botox. The trial for the cerebral palsy lawsuit will take place in Santa Ana, California. The plaintiffs, who are from Texas, have filed just one of 15 lawsuits that are recently taking place due to wrongful death and injuries due to Botox injections.
The makers of Botox, Allergan, deny any claims that their drug is being wrongfully used or is responsible for the deaths and injuries mentioned in the lawsuits. This week's trial focuses on the little girl from Texas who suffered from muscle spasms due to the cerebral palsy she was born with. In many instances, Botox is being used to help treat muscle spasms in children with cerebral palsy. Though primarily, the injections are used to help smooth wrinkles.
Life Taken Too Soon
The cerebral palsy patient at the focal point of this specific trial reportedly died on November 24, 2007, after being injected with Botox. She had received seven sets of injections over a seventeen-month period to help the chronic spasms in her legs. However, her body did not react well to the treatment and her life was taken too soon as a result.
Doctors are legally permitted to inject Botox into their patient for purposes that they see medically sage and advisable. However, this specific use hasn't been approved by the U.S. Food and Drug Administration (FDA). Allergan is claiming that the girl's premature death was due to a bacterial infection and had nothing to do with Botox. They also state that her doctor knew of the potential risks.
What Are Some Healthy Treatments for Muscle Spasms?
In light of the recent Botox lawsuits that have been filed in recent years regarding the drug and cerebral palsy patients, you may be wondering what some healthy treatment options may be for muscle spasms in the ones you love. Muscle relaxants are often used to help ease the discomfort and pain that comes with muscle spasms. But it's important to speak with your doctor about the right medication for your friend or family member since every medication affects patients differently. You also may want to try physical therapy, cooling, and exercise to help treat muscle spasms related to cerebral palsy.
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What is Ataxic Cerebral Palsy?
Cerebral palsy is a disability that can alter the way the body is able to move and the muscle coordination. Many birth injuries result in cerebral palsy in children, which can have a huge impact on a child's future. Some main factors that can result in cerebral palsy include brain damage during birth, a lack of oxygen during delivery, and medical malpractice.
There are different types of cerebral palsy and ataxic cerebral palsy is the least common form of the condition. This type of cerebral palsy affects an estimated 5 to 10 percent of those with the disability.
Ataxic Cerebral Palsy Details
When the cerebellum is damaged it can lead to ataxic cerebral palsy. The cerebellum is in the base of the human brain and it serves as the control center for our sense of balance and coordination. Due to its influence over these different groups of muscles in the body, it can have a negative effect on the coordination and movement of a person. Not only does this type of cerebral palsy affect the limbs of the body, but it also affects the trunk.
Someone who is living with ataxic cerebral palsy typically has low muscle mass and a wide-based walk. Due to their poor sense of coordination and balance, they tend to walk with their feet far from each other and are very unsteady with their movements. Another trait associated with this condition is tremors.Someone with ataxic cerebral palsy typically shakes when trying to complete simple tasks like buttoning their shirt or reaching for a toy.
Treatments for Ataxic Cerebral Palsy
As with other forms of cerebral palsy there is no cure for ataxic cerebral palsy. However, there are treatments and therapies that can help ease some of the symptoms to help make life for those with the disability a bit easier. Certain medications can be prescribed to help with the shaking and uncontrollable movements of the limbs. Another form of treatment that is fairly new is called cooling. Cooling for cerebral palsy helps with tremors and is when the forearm is wrapped with a special circulating fluid. It's been found that this treatment can help calm tremors of the arm in individuals for about 30 minutes after cooling is done. This can make it easier for those with ataxic cerebral palsy to eat meals, write, and play for a short time without experiencing tremors.
Lawsuit Against Botox for Use as Cerebral Palsy Treatment
A jury in Southern California recently scheduled a hearing regarding a lawsuit against Allergan, Inc., the producers of the drug Botox. The lawsuit accuses the company of creating a dangerous product and wrongfully marketing it to be used as treatment for disabilities like cerebral palsy.
The lawsuit involving Botox was originally filed in 2008 in the Superior Court of California in Orange County. It was reportedly filed on behalf of the 15 plaintiffs from across the country that have either been injured or killed by using Botox to treat various medical conditions.
Botox and Cerebral Palsy
According to reports, the lawsuit claims that Allergan has been promoting “off label” uses of Botox to treat those living with cerebral palsy. However, the Food and Drug Administration (FDA) has not reviewed or approved Botox for cerebral palsy. The lawsuit also alleges that the drug makers failed to warn those who use Botox that is can cause injuries and even be potentially fatal.
The lawsuit is seeking unspecified compensatory and punitive damages for those who have suffered as a result of using Botox and a trial is set to begin later this month in Santa Ana, California.
Victims Take Action Against Allergan
One of the many plaintiffs who have come forward to seek compensation for the wrongful marketing is the mother of Kristin Spears of Amarillo, Texas. Spears, who was born with cerebral palsy as the result of a birth injury, was one seven-years-old when she died after receiving Botox as treatment for her disability. Her mother, Dee, began the Botox treatments for her daughter to help with her limp spasticity, which is one of the many symptoms of cerebral palsy.
Statistics show that many of the injuries and deaths linked to Botox have involved "off label" uses of the drug to treat children with cerebral palsy who are living with muscle spasms.
Tweet thisCerebral Palsy Risk Factors
Cerebral palsy is a disability that a person is typically born with or can develop in the early years of life. There are several risk factors associated with cerebral palsy. In order to understand the risk factors linked to cerebral palsy it’s important to understand the difference between a risk factor and cause of cerebral palsy.
A risk factor is a variable which, when present, can increase the chances that something will happen. A risk factor for cerebral palsy is not the cause of cerebral palsy. It is simply a variable that can increase your child's chances of developing this life altering disability. If a risk factor for cerebral palsy is present in a child, the parents and health care professionals caring for the child should be on close watch of how the infant develops.
Cerebral palsy risk factors can be associated with both the parents and the child. Some risk factors linked to the parents that can raise the risk of cerebral palsy developing are:
- If the mother is 40 years or older
- If the mother is 20 years or younger
- If the father is 20 years or younger
- If the child is of African-American ethnicity
Some cerebral palsy risk factors related to the child that can increase the risk of the disability are:
- If it is the first child or a child born fifth or later in the family
- If the child is one of a pair of twins, particularly if one of the twins dies in childbirth
- If the child is at a low birth weight (less than 3.5 pounds)
- If the child is premature (less than 37 weeks)
- Rh or ABO blood type incompatibility between the mother and the child
- Id the mother has German measles or another virus in the early stages of pregnancy
- If the infant is attacked by a micro-organism on the central nervous system
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Birth Injuries and How to Protect Your Child
Birth injuries happen each day around the world and new research has made the causes of these injuries known to the public. At times, birth injuries can happen due to medical malpractice, or a mistake or failure to act on the doctor’s part during delivery. As a result, disabilities can develop, and a child with cerebral palsy can affect and his or her family, for the rest of their life.
In the case that a disability like cerebral palsy does result from medical malpractice, a medical malpractice lawsuit may be filed. However, like other medical malpractice claims, the case must show evidence that the malpractice resulted in a birth injury and the doctor or health care provider acted negligently. To have a successful case and prove negligence, the plaintiffs must be able to show and prove through documentation that the health care provider failed to provide adequate care for the child and the birth mother during the delivery. The plaintiffs and the cerebral palsy attorney must also be able to prove that as a result of the failure for proper care a birth injury occurred.
The Doctors Responsibility During Delivery
There are reportedly a number of circumstances that can lead to and prove a physician's negligence as being the cause of a birth injury like cerebral palsy. For instance, during the delivery of the child, the doctor is required to closely monitor the heart rate and oxygen levels of both the mother and baby. If these levels drop too low or rise too high, it may indicate that the baby is in distress, in which the doctor would need to take immediate action to ensure a healthy delivery. If the doctor fails to take immediate and proper action, the baby may suffer from oxygen deprivation, also known as hypoxia. This can put him or her at risk of developing cerebral palsy or suffering from another brain injury.
The American College of Obstetricians and Gynecologists (ACOG) and other U.S. medical organizations have established particular standards and guidelines for monitoring heart and oxygen statistics during childbirth. If these medical standards are not followed and a birth injury results, the doctor and other health care providers may be held liable for medical malpractice.
What is the Difference Between a Birth Injury and a Birth Defect?
According to research, there is a clear distinction between birth injuries and birth defects. Although both may occur during pregnancy, a birth defect may be the result of a medical condition and in such cases, the doctor or other health care provider typically can’t be held liable. An example of a genetic birth defect is Down syndrome. However, some birth defects can also be caused by external conditions, such as what the mother is exposed to during her pregnancy. Harmful exposure to toxins like benzene and other chemicals can result in birth defects. Bacteria and other substances in certain foods, like high concentrations of mercury in fish can also result in a child being born with a health problem. Though birth defects typically aren’t the doctor’s fault, there are some cases where a medical malpractice lawsuit may be filed because the negligent acts of the doctor or health care provider caused the defect.
Both birth injuries and birth defects can have devastating physical, mental, emotional and financial consequences for a child and his or her parents. But an experienced medical malpractice attorney can review your claim and help you and your loved ones determine if pursuing legal action is the best action to take.
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