Birth injuries are physical injuries to a baby due to medical negligence on the part of one of the presiding health care providers. These injuries can be caused before, during or after labor and delivery and can lead to lifelong conditions and illnesses such as cerebral palsy and Erb's Palsy. Causes of birth injuries are much like those of other medical malpractice cases, involving the negligence of one of the medical team members. The severity of the injuries on the newborn can vary and includes anything from mild bruises to traumatic brain damage. If the injuries are determined to have been otherwise avoidable and a direct cause of someone's negligence, then the parents of the child are entitled to claim compensation to help them care for their new baby's injuries.
Birth injuries usually result from the overlooking of warning signs that may cause complications during the labor and delivery. Such signs include the baby's abnormal size, which can prove difficult during delivery if the child is too large for a traditional delivery. The position of the baby can also be an indicator of possible complications and can be treated in order to avoid injury to the child. Prolonged labor can be detrimental to a newborn's health as can the shape of the mother's pelvis if it is different than average. All these factors can and should be dealt with early on in order to avoid injury. Failure to notice or act on such signs is a failure on the part of the nurse or doctor in question and can lead to serious injury on the child.
If a doctor or nurse fails to recognize these signs and overlook the possibility of complications, they set themselves up to be unprepared for problems in deliverance that could have been avoided. Injury can also result from the inadequate response to bleeding or umbilical cord entrapment, which can stop the flow of blood to the child's brain. Malpractice also includes cases in which the doctor failed to response to fetal distress and lagged in ordering an emergency caesarean section when the circumstances called for it. Negligence during birth preparation and delivery are not the only examples of malpractice that can result in birth injuries. Poor administration of medical treatment on the newborn can also be detrimental to their health.
Like all medical malpractice cases, claims against negligence resulting in birth injuries can be a complicated task. Such a claim requires a personal injury attorney with extensive experience in the field of both personal injury and medical malpractice. The most important task of a malpractice attorney is to determine whether the child's injuries were preventable. Through the examination of medical records and events, the lawyer can discover who was at fault for the birth injuries and take appropriate legal action to recover maximum compensation for the parents.
Because birth injuries add to the pain of your child and can increase medical costs significantly, it is important to act quickly on your suspicion of negligent behavior from your doctor. If you believe that your child was made a victim to medical malpractice during his or her birth, contact a personal injury attorney from The Law Offices of Gerald L. Marcus to learn how we can help you get the compensation you deserve.