Birth Injuries

Types of Birth Injuries

One of the many types birth injuries that can result from a mistake during delivery is known as shoulder dystocia or Erb's palsy. Shoulder dystocia or Erb's palsy may occur when an inexperienced or improperly trained physician damages a newborn's brachial plexus, a delicate part of the shoulder. The improper use of forceps or other negligent actions during delivery may cause this injury. Brachial plexus injury results in pain, a limited ability to move a hand and/or arm, or an inability to lift an arm above shoulder level.

Causes of Birth Injuries

Another cause of debilitating birth injury results from lack of oxygen to the brain during delivery. The lack of oxygen at this critical time can result from either an anoxic injury or a mechanical injury. An anoxic injury is caused by a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements during delivery.

Similar brain damage also can result from a mechanical injury or physical trauma during birth. A skull fracture is just one devastating consequence of this kind of trauma. The improper use of forceps, suction, or force to the baby's head can all result in this, or other types of mechanical injury.

Signs of Birth Injury

The signs that a fetus has a higher risk of birth injury include:

• A difficult and long labor
• Improper use of medication or other substances by the pregnant mother
• An abnormally large fetus
• Breech birth (buttocks first)

The risk increases if there is an unreasonably long delay in performing an emergency cesarean section. A pregnant woman with gestational diabetes also has an increased chance of complications at birth.

While estimates vary, it appears that between two to seven babies, out of every thousand births, will suffer birth injuries. Therefore, it is important to take every precaution to have a healthy delivery, by seeking out a competent obstetrician or pre-natal physician and carefully following his or her advice and instructions.

Why You Need a Lawyer

There are many reasons why you should consult with an attorney about your legal rights.

Peace of Mind
If your child has a birth injury, it may have been caused by medical malpractice. You owe it to your child and your family to see if the real cause of your child’s condition can be determined. A competent attorney will obtain all relevant medical records, review all documentation, and consult with leading medical experts to determine definitively whether a medical professional's negligence caused your child's condition.

The Lifelong Cost of Caring for Your Child
The cost of caring for a child who suffers from birth injuries can be financially catastrophic. A family can expect significant expenses throughout the child's lifetime, because the condition may not improve over time. This is an extreme hardship for most families, who are already struggling with the emotional circumstances created by the responsibility of caring for a severely injured child. If the child's condition is determined to be the fault of a hospital or physician, then there should be medical malpractice insurance in place to provide financial compensation for these costs.

Professional Legal Evaluation of Your Claim

Proving any type of medical malpractice case is a complicated process, and this is certainly true of a claim on behalf of a child with birth injury. It may take an attorney hundreds of hours to gather all of the documentation, make a determination, and file the appropriate claim on your child's behalf. You need a lawyer who is well versed in the complicated laws that govern these actions.