Category: Medical and Dental Malpractice

Erb’s Palsy – What Is It, How Is It Caused

Erb’s Palsy is a nerve injury that effects the movement of a child’s shoulder, arm, and hand. 
Erbs palsy usually happens when too much force is applied to the baby’s head, while trying to pull out a baby stuck in the birth canal.  The baby may be too large to fit easily through the birth canal. 
When the baby’s shoulder gets stuck in the birth canal, it is called shoulder dystocia.  Pulling on the baby’s head stretches and injures the nerves in the stuck shoulder. The injured nerves are between the shoulder and the neck.  These nerves provide movement to the arm, hand, and fingers.  This collection of nerve fibers is called the brachial plexus or Erb’s Point. Most of the time these nerves are only somewhat injured and the baby may regain movement in a few months.  About 20 percent of the time, the injury is so severe, or the nerves are torn from their points of attachment to the spine or they may be ruptured, so that paralysis of the arm and shoulder is permanent.  This injury may result in varying degrees of weakness or paralysis of the shoulder, arm, or hand.  Which part of the arm is involved, depends on which nerves are injured.  A baby with this injury holds his limp arm down by his side with forearm turned inward and wrist bent.  The baby cannot lift the arm up.   A baby with a very bad injury may also have a droopy eyelid on the side that was injured. There are tests that can diagnosis brachial plexus injury. Your baby’s physician may order an x-ray of the neck, an MRI, and maybe even nerve conduction tests. A pediatric neurologist may be asked to evaluate the degree of injury and therapists might be called in to design slings or splints, to perform and teach the parents to do exercises to keep the arm limber, and to be part of a rehabilitation process.  Sometimes surgeries have been helpful to restore some function.

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Hospital Ignores Dying Woman’s Pleas for Help

A woman lies on the ground dying from a perforated bowel. She is in pain, vomitting up blood and asking for help. Incredibly, this was happening in an emergency room. At the King-Harbor hospital in Los Angeles, this woman, her boyfriend and an unidentified person pleaded with the hospital for help. Their pleas for help were ignored. Calls were made to 911 requesting that an ambulance take the woman to another hospital. No help arrived. This is one of the worst case of medical malpractice that I ever read about it. Based on the facts set forth in the LA Times article, there should be an immediate criminal investigation opened into this woman’s tragic death.

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Failure to Diagnose Skin Cancer – Medical Malpactice

Failure to diagnose skin cancer can lead too serious health problems and ultimately result in death. Recently a jury in California, found a dermatologist negligent for failing to biopsy a cyst. The patient’s cyst later metastasized into cancer resulting in numerous surgeries and 24 hour around the clock care. As a result of the horrendous affect on the patient’s life, the jury awarded $5.7 million to the patient and his wife.

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Dental Malpractice – An Overview


Dental Malpractice

Several injuries can occur while undergoing dental procedures. These injuries can include: nerve injury to the jaw, lips and tongue, injuries caused by an infection, injuries to the bones of the jaw, loss of a tooth or teeth due to a faulty crown or bridge, loss of a tooth or teeth due to a root canal, injury to the throat due to the dropping of a dental instrument. These injuries and others can be caused as the result of dental malpractice.

An improperly performed root canal where the tooth is perforated or the root canal is not properly and completely filled can result in the loss of the tooth. The failure to use a rubber dam during dental procedures can result in infection or the lodging of a dental instrument in the patient’s throat. The failure to properly and timely diagnose conditions can result in the advancement of oral cancer or periodontal disease. The dentist’s failure to recommend to the patient to see a specialist for a condition outside the scope of the dentist’s ability can result in serious injury including tooth loss, oral cancer, infection, and permanent nerve damage.

The attorneys at Sabatini and Associates, LLC have successfully represented individuals injured due to the negligence of a dentist. Under Connecticut law, you typically have two (2) years from the date of the dental malpractice in which to bring a lawsuit. Due to the legal requirement of having a expert review your claim prior to the filing of the lawsuit, it is strongly advised that you contact an attorney as soon as you discover that you have been injured as a result of dentist’s negligence. This allows our attorneys to obtain all the relevant dental and medical records including x-rays and submit them to an expert for his review well in advance of the two year statute of limitations. If the expert finds that malpractice has occurred, the firm can then file a dental malpractice lawsuit in Connecticut Superior Court.

If you believe that you have been seriously injured due to dental malpractice, please contact us so that we can discuss your potential case with you.

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Medical Malpractice – Communication Breakdown

The increasing fragmentation of medical care in general contributes to communication problems.  As we have more subspecialists, more hospitalists, more intensivists and less single primary care physicians in charge of someone, breakdowns in communication plague the medical community.  In paper based system, with mulitple consult specialists, under time constraints, it is far too easy for missed diagnoses and failure to treat due to a breakdown in medical communication.  There are some remedies.  For example, universal electronic medical records would be a step toward remedying this problem.  It would provide a central repository so the patient can have access to the three or four specialists saying different things.  The communication breakdown leads to tragic cases of injury and death.  To bring a medical malpractice lawsuit in Connecticut, it needs to filed within 2 years of the date of medical malpractice.  In order to properly file the lawsuit, you must obtain a signed written report from a medical expert stating that malpractice has taken place and that the malpractice caused injury.  The signed medical expert report is appended to the lawsuit when it is filed with the court.  If an expert report is not filed with the complaint, the complaint is subject to dismissal.  Our firm’s personal injury lawyers have experience in handling medical malpractice cases on behalf of those that have been injured due to the malpractice of a doctor, hospital, or other health care provider.

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