Birth Injury Attorneys
Birth injuries and birth defects caused during labor are devastating, potentially life-long conditions that leave families worried, angry, confused, and unsure as to how to handle the next steps in their baby’s life, not to mention for the child’s lifetime. Necessary medical care may be exorbitantly costly, leaving many families unable to manage the required care for a child or mother who was injured due to the neglect of another.
Injury during birth – to either the mother or the child – may constitute medical malpractice. Medical malpractice or negligence occurs when a health care professional or facility does not treat a patient in compliance with the accepted standards of the medical profession and the patient becomes injured or ill under that medical care. Should the patient’s condition or illness worsen because of alleged inappropriate care or negligence that, too, constitutes medical malpractice.
Parker Waichman LLP’s national attorneys have a long and successful history and understand the heartache of having a baby born with a birth injury, giving birth to a baby who dies soon after birth, or a mother who suffers injury or death during childbirth. Parker Waichman has decades of experience working with families in a compassionate, effective, confidential manner, fighting for you so that you may be able to focus on your family.
Medical Malpractice Law
Individuals who have suffered from medical malpractice, including birth injuries, may be able to seek compensation from doctors, hospitals, and other medical personnel or facilities who/that are allegedly responsible for the baby’s/babies or mother’s birth injury by bringing a lawsuit against these parties.
Parker Waichman LLP’s attorneys are experts in personal injury law such as birth injuries, including any provisions for what damages may be claimed. These claims may include medical expenses future medical expenses, pain, suffering, and lost income and lost future income.
The Causes of Birth Injuries or Defects During Childbirth
In just one year, mothers and newborns suffered nearly 157,700 potentially preventable injuries during childbirth. Medical and surgical instruments, including forceps and vacuums make up the majority of injury’s, according to the Healthcare Cost and Utilization Project. While birth injury rates have dropped by over 20 percent since 2000, the number of medical mistakes made during childbirth remains very high.
Injuries may take place, for example, when an obstetrician or another member of the obstetrical and gynecological team makes an error during child birth that harms the baby during that birth birth. Injuries may include use of excessive force, administering dangerous drugs or drugs that sicken the baby, and pulling on the baby’s neck when the baby travels down the birth canal.
Pulling may cause shoulder dystocia which leads to brachial palsy, a condition that leads to significant nerve damage at the base of the baby’s neck and may cause your baby to be unable to walk or use his or her arms and hands.
Types of Birth Injuries
Some types of birth injuries include:
- Bone Fractures
- Brachial Plexus Injury
- Brain Damage
- Broken Bones
- Cerebral Palsy
- Cesarean Section (C-Section) Errors
- Clavicle Fracture
- Collarbone Fracture
- Erb’s Palsy
- Facial Paralysis
- Forceps Injury
- HIE: Hypoxic Ischemic Encephalopathy
- Scalp Lacerations
- Shoulder Dystocia
- Umbilical Cord Problems
When a child suffers a birth injury such as cerebral palsy, Erb’s palsy, or shoulder dystocia, that injury is generally due to negligence, including birth and delivery trauma, C-section injuries, hypoxia and brain injury, neonatal error, Hypoxic Ischemic Encephalopathy (HIE), and pediatric malpractice. HIE is brain damage that takes place when an infant’s brain does not receive enough oxygen and blood during childbirth.
Cerebral Palsy and Birth Injuries
It may be difficult to determine the cause of cerebral palsy as conditions may differ significantly from one person to another. Sometimes, cerebral palsy may be due to labor difficulties, including the baby not receiving sufficient oxygen during or after birth. The length of time for labor is also attributed to cerebral palsy.
Should labor last more than 18 hours, the labor is considered a risk factor for the development of cerebral palsy, especially if more than one birth is taking place (twins and other multiple births). Cerebral palsy may also occur if the baby was dropped soon after birth.
C-Section Delivery Birth Injuries
A Cesarean delivery, known as a C-section, is a surgical procedure that is used under specific circumstances to deliver a baby. Sometimes, this type of surgery may be scheduled ahead of time should pregnancy complications or the mother’s history suggests that a C-section is the best medical course of action. Sometimes, the need for a Cesarean delivery may not be known until the mother is in labor. In the United States, Cesarean sections total some 20 percent of all deliveries performed.
When C-section mistakes occur, the results may be disastrous. Also, a failure to perform a timely C-section or to follow appropriate surgical protocol during the C-section procedure may lead to serious injury and death for the mother and her child. There are two central errors that may take place during a C-section delivery. One is a failure to perform a C-section promptly.
The other involves errors during the C-section due to hospital staff negligence or incompetence. In addition to normal surgery risks, dangers occur if the C-section is put off or mishandled, which may lead to injuries to the mother and baby.
In some cases, if a C-section is not performed within an appropriate period of time, the procedure may lead to oxygen deprivation, as well as other problems for the baby. This may involve a failure to note signs that labor is not progressing or that the baby is experiencing fetal distress during the delivery.
These delays may lead to cerebral palsy, brain damage, and even death. Also, injuries to both the mother and baby may occur, including internal organ perforation or damage, nerve damage, heart and lung problems, blood clots, and hemorrhage.
Filing a Birth Injury
If you or someone you know is interested in filing a birth injury lawsuit, contact the personal injury attorneys at Parker Waichman today. For more information call 1-800-YOURLAWYER (1-800-968-7529).
New York City, Long Island, New Jersey, and Florida
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