Birth Injury
The lawyers at The Abelson Law Firm can represent you in claims involving birth injuries suffered by your child. We know that the medical profession is honorable, and good doctors are a blessing for all of us. Doctors are also human, and sometimes make mistakes. Medical negligence, or medical malpractice is basically a deviation from reasonable standards of medical care.
Medical mistakes can occur for many reasons. They may be due to fatigue. Medical mistakes may be the result of inexperience. No matter the reason, complications that arise during the labor and delivery process can permanently injure a child. These injuries can range from something as minor as a small bruise to more serious problems resulting in life long injury or disability. You and your child may be due compensation for the expenses you will incur because of a birth injury, including additional medical expenses, special needs and training, and special care that may be required. Your child may not be able to work as an adult and may require an individualized life care plan.
Any injury to a child that occurs during the birthing process is known as a birth injury. The baby may suffer a physical injury that simply occurs during transit through the birth canal, the result of being born. Causes of birth injuries are varied. Some of the more common instances of medical negligence are as follows:
- Delay in ordering a cesarean section
- Failure to respond to bleeding
- Failure to respond to umbilical cord entrapment
- Failure to respond to fetal distress
- Misuse of vacuum extractors or forceps
- Poor care of newborn immediately following birth
- Failure to diagnose and treat jaundice or meningitis
- The use of resuscitation (CPR) after birth
- The failure to consult a specialist
- The failure to properly read or respond to the baby’s vital signs
- The failure to recognize and treat seizures following delivery
Complications in the process of pregnancy, labor and delivery can result in a wide variety of complications for a newborn baby. Birth injuries vary greatly – from very minor to being so severe as to cause the death of the infant. Birth injuries include:
- Bruising. Extensive bruising can be caused by forceful extraction of the baby by the use of forceps or vacuum extraction.
- Temporary paralysis. This happens most frequently with the facial nerves because of the pressure of the birth canal or by forceps delivery. Paralysis is evident when there is no movement on the side of the face when the baby cries, or when one or both eyes cannot be completely shut.
- Bone fractures. In cases of abnormal birthing position, such as a breech delivery, the collarbone is most vulnerable to fracture. Bone fracture may also occur if the baby’s shoulder becomes lodged behind the mother’s pelvic bone, an injury known as shoulder dystocia As a result, the baby may not be able to move his or her arm or shoulder on the side of the break.
- Cerebral palsy. This is caused by a brain injury that can occur during fetal development, birth, or shortly after birth. It is characterized by an impairment of the body’s ability to control movement and posture. Symptoms include spasticity, paralysis or seizures.
- Erb's palsy, also known as brachial plexus paralysis. This is a condition which, mainly due to birth trauma, can affect one or all of the five primary nerves that supply the movement and feeling to an arm. The paralysis can be partial or complete; the damage to each nerve can range from bruising to tearing. Some babies recover on their own; however, some may require specialist intervention.
- Fetal distress. Certain circumstances put the baby and mother at risk of injury, especially if oxygen is not getting to the baby’s brain. If the fetus is in breech position, has an irregular heart beat or has umbilical cord misplacement, Severe complications can lead to serious injury if the proper care is not taken.
- Caput Succedaneum. The soft tissues of a baby’s scalp become severely swollen, often following vacuum extraction. In most cases, the swelling subsides within a few days of birth.
- Cephalohematoma. A lump on the baby's head may be caused by bleeding underneath on the cranial bones, an injury that may take up to three months to completely heal. In most cases, the area of bleeding is small and will recede in two weeks, but if the lump is large, the baby may develop jaundice as the red blood cells break down.
- Suconjunctival hemorrhage. Small blood vessels in the eyes can break causing a red band around the iris of one or both eyes. Redness usually fades within a week without causing permanent damage to the eyes.
- Umbilical cord entrapment. If the umbilical cord becomes looped around the neck of the baby, oxygen deprivation may occur. Lack of oxygen can cause serious brain injuries if proper and immediate care is not taken.
- Abrupt Placenta. If the placenta separates from the wall of the uterus, a mother may have symptoms such as bleeding, cramping and abdominal pain. Proper medical attention is vital in this situation and the medical personnel must act quickly to prevent injury.
If you suspect that your child’s birth injuries may have been caused by medical negligence, contact an experienced lawyer. If possible the attorney should be consulted shortly after birth, even though the extent of the birth injuries and the consequences may not be known for a long time.
To determine if a birth injury was caused by the negligence of a health care provider, all the medical records need to be obtained and reviewed. An experienced physician expert must review the records, a summary of the records must be made, and the medical literature must be collected to determine whether the case has merit. Our firm only pursues case that we sincerely believe have merit. Once we have accepted the case at The Abelson Law Firm, we do everything we can to obtain a successful outcome for the family and child. Our firm conducts exhaustive investigations; we retain extremely qualified experts, and we practice principled advocacy in order to achieve outstanding results.
Please contact The Abelson Law Firm to schedule a no-cost consultation. If we find that medical malpractice was the cause for the birth injuries suffered by your child, we will work hard to hold those responsible for your injuries accountable for their mistakes so your child can have the best care necessary for his or her lifetime. For a free claim evaluation and discussion of your legal options, please contact us today.
