Header
Published on:

By

As soon as a baby is born, s/he is forced to make major changes within seconds. The APGAR scoring system was developed so that doctors, such as obstetricians, and hospital nurses can rapidly asses how a newborn is adjusting to life outside of the womb, including evaluation of heart rate, respiration, muscle tone, reflex irritability and skin color.

APGARs are commonly assessed at 1 minute and 5 minutes after birth. Generally, the 1 minute APGAR score is an evaluation of how the baby tolerated the birth process; whereas, the 5 minute score is an evaluation of how the baby is adapting to his/her new environment. Where birth complications lead to a low APGAR score, doctors may also perform a 10 minute assessment.

An APGAR score below 7 is considered low. 10-17% of children with a low APGAR score will go on to develop cerebral palsy. Reasons for a low APGAR score include hypoxia (lack of oxygen), ischemia (lack of blood supply), umbilical cord compression, and fetal distress commonly marked by fetal heart rate decelerations.

Continue reading →
Published on:

By

Michael A. Bottar, Esq., a Syracuse medical malpractice lawyer with Bottar Law, PLLC, recently secured $700,000.00 in compensation from a group of medical defendants. The New York medical malpractice lawsuit alleged that the defendants’ improperly prescribed birth control pills to the plaintiff for mid-cycle pain, causing a stroke that led to mild foot drop, mild speech and memory deficits, a (controlled) seizure disorder and the need for lifetime Coumadin.

In sum, the 19 year old plaintiff presented to her obstetrician with complaints about mid-cycle pain. She was prescribed birth control pills to relieve the pain. The which were contraindicated because the plaintiff had a genetic blood disorder which the defendants knew about, or should have known about. Months later, the plaintiff suffered a stroke. The stroke prevented blood from reaching the plaintiff’s brain, causing mild, yet permanent brain damage.

The $700,000.00 recovery was for past and future pain and suffering, and future lost wages.

Published on:

By

Doctors and nurses are trained, and paid, to provide the public with reasonable and appropriate medical care, but they are not expected to be perfect. That is, the law does not hold doctors and nurses accountable for “poor” medical care. Rather, a doctor or nurse is only liable for medical negligence if his or her acts of omission and/or commission depart or deviate from good and accepted standards of care.

Has my doctor or nurse deviated or departed from the standard of care? Good question. The short answer is that no ethical attorney can answer this question for your without first obtaining all of the relevant medical records and having them reviewed by a physician. With the input of the physician, a competent New York medical malpractice attorney, such as a member of the Bottar Law, PLLC legal team, can assess whether there is a reasonable basis for filing a lawsuit. The input of the physician is critical because no two patients are the same and, in turn, conduct that may have met standard of care in one case may fall below the standard of care in another case. For example, good and accepted standards of obstetrical care require that a a cesarean section be strongly considered if a fetus weighs more than 5000 grams; however, if the pregnant mother has gestational diabetes, a cesarean section is indicated at 4500 grams.

Every Syracuse medical malpractice lawyer should offer you a free consultation in his/her office, during which you can explain your condition and complaints and seek legal guidance about how to proceed.
Continue reading →

Published on:

By

Stevens Johnson Syndrome (“SJS”) is a rare disorder in which the skin and mucous membranes react adversely to a medication. According to Syracuse wrongful death lawyer Michael A. Bottar, SJS “commonly starts with flu-like symptoms. A painful red or purple rash follows, with blistering, and skin death and shedding, also known as sloughing.” In some cases, as much as 100% of the skin can be lost. Other unsafe medication complications include infections and blindness.

A New York dangerous medication lawyer recently settled a product liability lawsuit against Pfizer for the sum on $3.780,000.00. The lawsuit alleged that a nine year old girl was given Dilantin, an anti-seizure medication, together with Flagyl, an anti-fungal medication. Less than one month later, the young girl developed toxic epidermal necrolysis (“TEN”) and, before her death, lost almost all of her skin.

According to the New York Stevens Johnson Syndrome lawyers at Bottar Law, PLLC, as many as 20% of patients in a recent study were diagnosed with toxic epidermal necrolysis while taking Dilantin. While Pfizer warns patients in Canada of the increased risk of Dilantin Hypersensitivity Syndrome (which may include TEN) in certain patient populations, similar warnings are not issued in the United States.

Continue reading →
Published on:

By

Immediately after birth, a baby’s complexion, pulse rate, reaction when stimulated, muscle tone and breathing are assessed. According to Syracuse birth injury lawyer Michael A. Bottar, these assessment criteria form the APGAR score (which ranges from 0 to 10). Generally, APGAR scores are taken a 1, 5 and 10 minutes of life. A score of 7-10 is normal, a score of 4-6 is low, and a score of 3 or less is critically low.

A low APGAR score may be a sign of a birth injury or birth depression, which may give rise to a medical malpractice lawsuit if an OBGYN and/or nurse did not take appropriate steps to prevent fetal hypoxia (low oxygen) and/or ischemia (low blood flow). According to a recent study of more than 500,000 babies born in Norway, children born with an APGAR of 3 or less were 100 times more likely to be diagnosed with cerebral palsy by age 5 when compared to babies born with an APGAR of 10.

Cerebral palsy is a group of disorders that affect movement, cognitive function, vision, hearing and speech. About 2-3 children in 1,000 are affected. Symptoms can range from mild to severe. In the worst cases, children born with cerebral palsy will live their entire lives dependent upon others for every aspect of daily living. Typically, cerebral palsy is caused when insufficient oxygen reaches the fetus. Sometimes oxygen deprivation is preventable. Where a medical provider fails to prevent oxygen deprivation, a birth injury lawsuit may be necessary to secure compensation essential to providing lifelong medical care for a permanently disabled child.

Continue reading →
Published on:

By

Stevens Johnson Syndrome (SJS) is a rare disorder that involves a skin reaction to medication. Medications with a known link to SJS include non-steroid anti-inflammatory drugs (NSAIDs), such as Phenytoin, Carbamazepine, as well as anticoonvulsants and sulfa antibiotics.

According to Michael A. Bottar, a Syracuse toxic epidermal necrolysis lawyer with the law firm of Bottar Law, PLLC, SJS or TEN commonly starts with non-specific symptoms such as a headache, cough, or fever. These symptoms may be followed by a whole-body rash and then blisters forming in and around the eyes, mouth and genitals. In some cases, the damaged skin then peels in sheets, and hair and nails may fall out. As people suffering from severe cases of SJS often lose much of their skin, they are commonly treated like burn patients in specialized health care facilities. Risk of infection is high.

In Syracuse, most SJS patients are treated at the SUNY Health Science Center – Burn Unit, located at 750 East Adams Street, Syracuse, New York. Other area facilities include St. Joseph’s Hospital in Elmira, New York, and Strong Memorial Hospital in Rochester, New York. Treatment usually includes immediate termination of the drug that is the suspected cause of the reaction followed by the administration of intravenous fluids and aggressive infection treatment and management.

Continue reading →
Published on:

By

According to Watertown birth injury lawyer Michael A. Bottar, with the Syracuse medical malpractice law firm of Bottar Law, PLLC, the Cerebral Palsy Family Health Care Center, operated by the Cerebral Palsy Association of the North Country, has changed its name to the Community Health Center of the North Country.

The Health Center’s executive director stated in a press release that the center welcomes the “uninsured, underinsured, and those with Medicaid, and we hope that the name change will help get the word out that we are open to all community members.” In addition to providing medical care to Watertown individuals and children diagnosed with cerebral palsy, the Community Health Center of the North Country also provides a constellation of services in St. Lawrence County, including primary care, dental care, physical therapy, optometry and mental health services, to individuals with similar disabilities and service needs.

Cerebral palsy is a general term used to describe a group of movement or posture disorders that arise out of the brain’s ability to control the body. Cerebral palsy can be caused by an injury during birth, such as hypoxic ischemic encephalopathy.

Continue reading →
Published on:

By

As Syracuse birth injury lawyers handling many cases where a baby was born with the umbilical cord wrapped around its neck, we are often asked by clients and potential clients whether the umbilical cord harmed their baby. This common occurrence is known as a “nuchal cord” and our answer, usually, is no it did not.

One thing to keep in mind is that an unborn baby does not obtain oxygen through the nose or mouth like adults. In turn, some compression on the baby’s neck will not have the same “strangulation” effect as a noose would on an adult. However, where an umbilical cord is tightly wrapped all the way around a baby’s neck (a “Type A” nuchal cord), sometimes two or three times, or becomes knotted (a “Type B” nuchal cord), it can result in injury to the baby if the function of the cord is compromised. While the umbilical cord is wrapped with a gristle-like protective material called “Wharton’s Jelly,” simply stated, if the cord is compressed or stretched too much, the flow of blood and oxygen to the baby may decrease, leading to hypoxia/ischemia and brain damage which may be marked by low APGAR scores at birth.

A nuchal cord is present in as many as 37% of pregnancies. Most of the time, it resolves the same way it occurred – with fetal movement. As a nuchal cord may be associated with a potentially serious complication known as umbilical cord prolapse, where the umbilical cord drops passes into the cervix and vagina before the baby (increasing the risk of compression when the baby subsequently passes through the birth canal), doctors should not ignore the position of the umbilical cord and may be liable for medical negligence if they do not take appropriate steps to prevent umbilical cord compromise.
Continue reading →

Published on:

By

As Syracuse medical malpractice lawyers, the Bottar Law, PLLC legal team frequently handles cases where surgeons fail to properly count and remove surgical instruments and/or supplies from a patient. Common examples of surgical instruments left in the abdomen after surgery include sponges, pads, towels, needles, clips and clamps. Most of the time, sponges are left behind during abdominal surgery (55%) and vaginal deliveries (16%).

When a surgical instrument is left behind, it is typically the result of negligence on the part of the surgeon or the operating room nursing staff. This is because a surgeon should not close a patient until s/he knows that the surgical “count” is correct. Meaning, if ten sponges and two clamps were used during surgery, the surgeon should not close the surgical site until s/he knows that the sponges and clamps are accounted for. When counts are incorrect, the surgeon should look for the missing items before closing. If they cannot be found by visual inspection, then radiographs should be ordered. Most surgical instruments are embedded with a thin wire that is visible on an x-ray.

Often, due to fatigue by a member of the surgical team, which includes the surgeon and operating room nurses, the count will appear correct when it is not. The most common reason for an inaccurate count is when sponges or pads stick together. In that instance it looks like one pad was used when, in fact, two pads were used. Since no one in the operating suite would be on the look-out for the second pad, it may be left behind.

In 2000, the AORN Recommended Practices Committee stated that sponges should be counted five times during a procedure: (1) before the procedure starts (to determine how many sponges are in the suite); (2) before closure of the cavity; (3) before closure of the wound; (4) at skin closure; and (5) when the scrub nurse or circulating nurse permanently breaks scrub.

There are many complications associated with a retained surgical instrument, including pain, infection, organ perforation, and death.
Continue reading →

Published on:

By

Syracuse University Hospital mistakes were the focus of a 68 page report generated by the New York State Department of Health (“DOH”). The DOH is an agency charged with oversight of medical care in the State of New York, including events that may give rise to claims for medical malpractice, failure to diagnose, birth injury, infection and wrongful death. The full report is available here.

According to Syracuse hospital mistake lawyer Michael A. Bottar, Esq., the report cited University Hospital for several violations of state regulations — one of which was an incident where a student doctor known as a “medical resident”, overseen by an unqualified attending physician, performed a complex operation on a patient’s spine because the neurosurgeon was busy in another operating room.

Syracuse surgery mistake lawyer Anthony S. Bottar, Esq., noted that the DOH, in its Statement of Deficiencies and Plan of Correction, found shortcomings in doctor performance, patient safety, quality of care and infection control practices.

In another aspect of the report, University Hospital was cited for the apparent absence of a “time out” during a surgical procedure, which is a process where surgical staff stop and verify that they have the correct patient in the operating room and are about to operate on the correct body part. The “time out” process is intended to prevent surgical errors, such as wrong-site surgery – like in 2004 – when a Syracuse surgeon about to remove a blood clot made an incision on the wrong side of an infant’s head, as well as wrong-side surgery – like in 2006 – when a Syracuse surgeon operated on the wrong side of a patient having a tumor removed from an adrenal gland. During the latter procedure, the surgeon failed to review radiological films.

Poor medical controls and oversight may also cause or contribute to a medical misdiagnosis, which we blogged about here.
Continue reading →

Contact Information
Syracuse Office
120 Madison St #1300
Syracuse, NY 13202
Toll Free: (833) 268-8277
Main: (315) 422-3466
Fax: (315) 422-4621
Satellite Office: Albany*
90 State St
Albany, NY 12207
Toll Free: (833) 268-8277
ATTORNEY ADVERTISING
* By appointment only

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2014 – 2024, Bottar Law, PLLC
JUSTIA Law Firm Blog Design