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Birth Injuries & Medical Malpractice

Personal Injury Attorney in San Fernando Valley

It has been estimated that seven out of every 1000 babies suffer serious birth injuries such as cerebral palsy. The reality of birth injury risk in labor and delivery is a sobering thought. While this statistic shows a dry perspective of the effect injuries can have on America's newborns, it fails to delve into the possible causes that led to all of those birth injuries.

Medical negligence during the birthing process can directly impact the health of both the mother and child. If your child's injuries were indeed a result of medical malpractice, you deserve to be told the truth and given the compensation to raise your child with the best medical treatment available.

Birth injuries are considered as any physical injuries that are sustained by a child prior to, during and immediately after childbirth. During the chaos of childbirth, it is difficult for parents to keep track of everything the doctors and nurses do for the process. Birth injuries are usually traced back to a complication in the condition of either the child or mother before or during childbirth.

An unfortunate reality for many of these injuries is that the complications are such that should and could have been noticed ahead of time and dealt with properly. The mother or baby may have not received proper medical treatment because one of the team members either failed to anticipate complications in birth, failed to respond to fetal distress, delayed in ordering and performing an emergency caesarean section or improperly administered medications before or during childbirth.

All of these acts of negligence are common causes of birth injuries, which ultimately affected the newborn's quality of life and created an undue burden for the parents.

Contributing Factors for Birth Injury

Birth injuries are more likely to occur during a complicated delivery. Several common factors may contribute to difficulties in childbirth but many times, these conditions can be noted ahead of time by doctors and nurses. If they are not, the mother or child can suffer severe injury. These factors include the size of the baby before childbirth, the shape and size of the mother's pelvis, the child's position at childbirth and prolonged labor. Umbilical cord entrapment, irregularities in the baby's heart beat and other abnormalities can lead to injury to the new born.

It is important to remember that not all birth injuries merit medical malpractice. The plaintiff must be able to demonstrate that one of more on the medical team acted in a negligent manner and failed to exercise reasonable care. This may take the form of failing to anticipate any of the above mentioned birth complications, failing to respond to complication in a timely manner, delaying caesarean sections and the inappropriate use or administration forceps, vacuum extractors and the inducing hormone Pitocin. Malpractice also may cause injury immediately after childbirth if poor care is given to the child by the nurses and doctors while the mother is still recovering.

If you believe that your child's birth injuries were due to medical malpractice, consulting with a medical malpractice attorney in Santa Clarita can benefit you tremendously.

A personal injury attorney will typically review the medical records involved with the birth of your child, the mother's medical history and the doctor's notes on the case when evaluating whether your claim will have merit before the authorities. At The Law Offices of Gerald L. Marcus, we can help you determine whether taking legal action is the best option for your family.

If a member of the medical community is responsible for your child's injuries, you as the parent can be given compensation intended solely to assist you in dealing with your child's condition. Your newborn deserves the best medical treatment for his or her condition and we want to help you provide that for them.

Contact a San Fernando Valley personal injury lawyer from our office to learn more about birth injuries and the services we offer.

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