Birth Injury - Obstetrical Error Attorneys
When a medical professional fails to exercise the skill, care and judgment normally used under similar circumstances, the medical professional may be negligent. Negligence incurred in the process of delivering a child can harm the mother as well as the child .Injuries suffered by the newborn can cause serious or life threatening complications.
Contact an experienced birth injury lawyer today.
About 2.7% of births result in a birth injury in the United States. Most birth injuries are minor and cause only bruising. But due to the ease in which a newborn's bones or nerves can be fractured or damaged, lifelong developmental disabilities can occur. These disabilities, also known as neurological disorders, can include mental retardation, cerebral palsy, autism, epilepsy, learning disabilities, and brain damage.
Cerebral palsy is the most common birth injury resulting in legal action. It is a catchall term referring to several conditions in which the brain injury impairs the victim's ability to control the body. Roughly half of all cerebral palsy cases, however, are due to genetics, not medical malpractice. It is a chronic condition that may be accompanied by paralysis, seizures, and cognitive impairment.
One of the primary causes of birth injury related cerebral palsy is birth asphyxia, which is when the infant does not receive enough oxygen during the delivery. Medical staff who fail to conduct electronic fetal monitoring (EFM) or other proper post-birth observations are in danger of being held liable if birth asphyxia is determined to have been the cause of a birth injury. When delivery doctors suspect that birth asphyxia may occur, they may order a cesarean section (or c-section), which could reduce its likelihood. A failure to perform the procedure when warranted may constitute medical malpractice.
Cesarean section, forceps use, episiotomy and vacuum delivery, are all procedures that, when performed improperly, can lead to complications. Birth injuries may also be the result of complications during pregnancy that health professionals have failed to identify such as:
Asphyxia neonatorum - respiratory failure of a newborn infant that can cause paralysis, brain damage, and infant mortality
Kernicterus - a type of brain damage that causes mental deficits, hearing loss, and athetoid cerebral palsy
Fetal Anoxia – when the oxygen supply to the brain is interrupted during the birth process
Erb's Palsy – damage to nerves that carry signals from the spine to the shoulder, arm, and hand. It is usually caused by damage to the shoulder during the delivery
If you suspect that medical negligence or Obstetrical error resulted in a birth injury to your infant, you should consult an experienced birth injury lawyer. He or she may help you recover damages for medical expenses, loss of income, and emotional suffering. Please keep in mind, however, that there may be time limits within which you must file the suit. In fact, a birth injury attorney should be consulted immediately after birth, even if the extent of the injuries is not yet known.
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