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Birth Injury Attorney
More than 4 million babies are born annually across the United States. Estimates show that between 2,000 and 4,000 of these babies sustain birth injuries every year. These injuries are often debilitating and have a lasting impact on the lives of children and their families. In numerous instances, babies suffer mental, physical, and emotional impairments due to conditions stemming from these horrific incidents. Although some birth injuries are unpreventable, there are countless cases where babies suffer these disastrous and painful injuries as a result of negligent and careless medical professionals.
When babies sustain birth injuries due to the actions or inactions of doctors, nurses, and other medical professionals, it can result in the need for extensive medical care. In some cases, an injured baby may have to utilize medical equipment and machines to assist with basic life functions as they grow into adulthood. These permanent impairments can have a devastating impact on a child’s ability to thrive into a successful adult. When a baby is injured because of an unfortunate medical situation, it is crucial that their parents reach out to an aggressive birth injury lawyer in their area as soon as possible.
Our team of birth injury lawyers at The Malpractice Group has extensive experience helping families protect their legal rights surrounding birth injury accidents. Families who have been subjected to birth injuries will have to spend tens of thousands of dollars on the medical treatment their child needs to grow. The cost of lost wages and medical treatment, added to the overwhelming mental and physical pain and suffering, is almost unbearable. We understand the challenges families face, which is why we wholeheartedly believe they deserve to recover. Our team is dedicated to holding medical professionals accountable for their actions. Contact our birth injury lawyers at The Malpractice Group as soon as possible to explore legal options available for you.
Causes of Birth Injuries
There are many medical errors that can cause birth injuries. It is essential to understand that not every error in judgment is legally pursuable. In order for a family to recover for a birth injury lawsuit, they must be able to establish that the doctor, nurse, or another medical professional’s conduct was below the acceptable standard of care. Some of the most common medical errors that lead to birth injuries include:
- Not recognizing infections during the pregnancy
- Not administering affective drugs
- Administering the wrong doses of medications
- Not performing surgery or a procedure properly
- Failing to monitor the heart during pregnancy adequately
- Not following proper delivery procedures
- Not recognizing major health issues with newborns, such as jaundice or umbilical cord issues
- Not using vacuum extractors or forceps properly
- Not recognizing the need for a C-section
- Not performing a C-section properly
Obviously, this is not a complete list of all the negligent actions that can occur during pregnancy, labor, or delivery. Hundreds of women and babies suffer devastating consequences every day due to these unfortunate and preventable circumstances. When pursuing a birth injury lawsuit surrounding a birth injury, it is imperative to be able to establish grounds for negligence. Working with a birth trauma lawyer is a victim’s best bet for proving their claim and getting the justice and compensation they deserve. Call The Malpractice Group today to discuss your medical malpractice situation.
Types of Birth Injuries
The leading cause of birth injuries in the United States is hypoxia. This injury is a lack of oxygen to the brain of the baby. There are various causes of birth hypoxia, far too many of which involve negligent and reckless behavior by medical professionals. Unfortunately, the deprivation of oxygen can cause severe complications for babies that continue to impact their health and wellbeing forever. Many children experience cognitive issues, organ damage, motor skill impairments, and even cerebral palsy. In addition to injuries caused by a deprivation of oxygen to the child’s brain, various types of birth injuries occur as a result of negligent medical professionals. These injuries include:
- Broken Bones: Any bone can be broken during birth. Some of the most common breaks in the United States are those to the clavicles, foot, legs, arms, skull, and cervical spines.
- Neurological Injuries: Birth asphyxia and hypoxic-ischemic encephalopathy are the most common neurological injuries impacting newborns. These injuries are caused by a deprivation of oxygen to the brain and can lead to permanent impairments.
- Erb’s Palsy: Erb’s palsy is a paralysis of the arm that is caused by injuries during delivery. These injuries can lead to permanent impairments and other disabilities.
- Caput Succedaneum: These injuries can occur as a result of a difficult delivery. These injuries can give the baby the appearance of a cone head and should disappear within a couple of days. If there is bruising or any other complications, jaundice, and other injuries can occur.
- Facial Nerve Palsy/Paralysis: These injuries can be caused by nerve bruising. However, when the nerves tear, surgery may be necessary.
- Brachial Plexus Injuries: These injuries occur when the arms, shoulders, or wrists get jammed into the pelvis region of the mother during delivery. These injuries can result in permanent injuries and impairments to the affected side of the baby’s body.
- Brain Injuries: Brain injuries occur when there is a deprivation of oxygen to the child during pregnancy, labor, or delivery. They can also be caused by trauma to the head.
- Epilepsy/Seizure Disorders: These injuries are often caused by the deprivation of oxygen to the baby’s brain. Head trauma and infections resulting from negligence can also cause seizure disorders.
- Spinal Cord Injuries: These injuries are relatively common when mothers deliver babies that are breech. If medical professionals fail to rotate the baby or deliver via C-section, they can be held liable for resulting injuries.
Many of these injuries may require long-term treatment and could leave your child permanently disabled. If your child was injured as a result of medical negligence, it is imperative that you contact a birth injury attorney as soon as possible. Contact our team of lawyers at The Malpractice Group today.
Conditions Caused by Birth Injuries
Although we like to think our nurses, doctors, and other medical professionals have our best interest in mind at all times, there are countless instances where these professionals act negligently, carelessly, or recklessly. As a result, small children suffer. When an obstetrics team performs carelessly or negligently while delivering a baby or during C-sections, it can result in birth injuries that lead to long-term complications. The syndromes and conditions children are left with can significantly impact the quality of their lives, as well as their parents. Not only can birth injuries result in mental and physical pain and suffering, but the financial burdens related to ongoing medical treatment can increase the cost of raising a child immensely. There are two birth injuries that impact children as a result of negligence that tend to be significantly more damaging than others, cerebral palsy and Erb’s palsy.
Cerebral palsy (CP) is a permanent condition that often stems from birth injuries that are oftentimes caused by medical negligence. This condition can have varying degrees, but unfortunately, it is permanent. Cerebral palsy is a series of disorders that affect a person’s ability to move. In numerous cases, CP is caused by damage done to the brain of the infant during pregnancy, delivery, or birth. This condition can impact a child’s ability to move and control their body and muscles. Children with cerebral palsy have difficulties controlling and coordinating their muscles. They often have problems with reflexes, posture, balance, and muscle tones, which is why people with this condition use wheelchairs and other medical equipment to live their lives.
Unfortunately, cerebral palsy cases are some of the most common birth injury lawsuits surrounding motor disorders, accounting for around 1.5 to 4 babies out of every 1,000. Although more than 17 million people in the world live with cerebral palsy, it is essential to understand the mental, physical, and financial challenges associated with this condition.
In terms of negligence, cerebral palsy can be the result of perinatal brain cell death, which occurs as a result of oxygen deprivation during the birthing process or as a result of blood vessels rupturing from head trauma. Head trauma can cause postnatal non-functional connections between the brain cells, which can lead to permanent impairments.
When babies are left with cerebral palsy injuries, due to medical mistakes or the negligence of medical professionals, their parents should reach out to an aggressive medical malpractice attorney as soon as possible. Negligent doctors, nurses, and medical staff should be held accountable for their actions. The Malpractice Group can help.
Erb’s palsy is a birth injury that affects the arms and shoulders of an infant in a way that is comparable to how paralysis and nerve damage impact other muscles in children with cerebral palsy. Erb’s palsy can result in either temporary or permanent paralysis depending on the severity of the injury. Erb’s palsy makes it difficult for infants to move and control their shoulders as well as their upper and lower arms. This medical condition can be caused by failed C-sections, trauma during the delivery process, and the improper use of delivery tools. This condition impacts children in a variety of ways. Some of the ways this condition affects victims include:
- Some children have little to no control over their arms or hands and cannot feel their affected limb
- Some children are able to move their arms but are unable to control their wrist or hands
- Some children can use their hands well but are unable to utilize their shoulders or elbow muscles.
The type and severity of this condition depend on the nerves that were injured. The symptoms associated with this condition can range from being able to recover from early treatment to injuries that will continue to cause permanent disruptions with no potential to improve. When babies suffer birth injuries that lead to Erb’s palsy, it is crucial that their families contact a birth defects attorney as soon as possible. An injured child may be able to obtain compensation to help alleviate the devastating financial burdens they face from medical treatment and more.
Negligence Involving Tools During the Birthing Process
There are instances where difficult births require the use of delivery tools. When the birthing process does not go as planned, obstetricians often utilize vacuum devices or forceps to help extract the child from the birthing canal. Using these devices can increase the likelihood of serious birth injuries. This is especially true in cases where medical professionals use these tools negligently and carelessly.
Some injuries caused by the careless use of vacuum extractors and forceps during birth include:
- Skull Fractures
- Brain Damages
- Skull Malformations
- Fetal Strokes
- Seizure Disorders
- Intraventricular hemorrhage
- Subarachnoid hemorrhage
- Subdural hemorrhage
Complications during delivery can give rise to the need for forceps and vacuum extractors. Although these tools can be useful in delivering babies successfully, their improper use can result in extensive brain injuries that lead to permanent disabilities. When babies suffer from these horrific injuries, they can require comprehensive medical treatment.
Treatment Options for Birth Injuries
Babies who are subjected to negligence during the birthing process can sustain life-altering injuries that will have negative effects throughout their lives. In many cases, the injured infant will have to go through various types of treatment for their injuries and the resulting conditions. In some instances, short-term medical treatment will suffice. Other injuries require extensive treatment, which can be long-term or lifelong. The type of injury will have a significant impact on the treatment necessary.
A baby who suffers brain damages may have to go through both supportive and palliative care. Babies who suffer hypoxic-ischemic encephalopathy often have to go through hypothermia therapy, which can last up to 72-hours. This therapy should begin within 6-hours after birth and requires at least 24-hours to bring the temperature back to its normal range after treatment ends.
When a baby suffers any birth-injury, it is vital that they are carefully monitored by the medical team to prevent any further complications. Adequate monitoring enables doctors and nurses to address poor perfusion, imbalances of electrolytes, blood sugar problems, brain bleeds, infections, respiratory problems, and seizures immediately to prevent them from worsening or causing further complications. When babies with birth injuries are entered into early intervention programs and receive several forms of therapy, it can help them maximize their development and reduce the impairments they may experience. Therapy types like physical, occupational, and speech therapy can be beneficial, especially in cases where babies suffered brain, nerve, or muscle injuries. These therapies may be long-term and require several months or years to strengthen impaired areas.
Unfortunately, treating birth injuries comes at a steep financial cost. For this reason, it is crucial that families reach out to an aggressive birth injury attorney as soon as possible to get the justice and compensation they need and deserve. Call The Malpractice Group today to find out if you have the right to pursue compensation for the injuries your child suffered at the hands of a medical professional.
Compensation for Birth Injuries
When a baby is injured during childbirth because of a medical mistake or some type of medical negligence, the infant is affected in many ways. They suffer both physically and emotionally. In many cases, the injured baby will require both immediate and long-term treatment and care for their injuries. Given the fact that treatment is extremely costly, their family is able to pursue a birth injury lawsuit on their behalf to ensure that they obtain full and financial compensation to help alleviate the financial burdens they face.
Our team at The Malpractice Group is dedicated to assisting these families in obtaining the maximum amount of compensation to mitigate the financial difficulties they face due to these unfortunate and preventable events. Some damages our birth injury attorneys help victims collect compensation for include:
- Pain and suffering
- Mental anguish
- Lost wages and lost earning capacity
- Home modifications and accommodations
- Modifications to vehicles for transportation of wheelchairs
- Medications, doctor visits, and hospitalizations
- Therapy and other long-term treatments for the child
- Counseling and special education program costs
- Medical equipment and devices needed for the child as they grow
- Loss of enjoyment of life
Our birth injury attorneys wholeheartedly believe that families should not be burdened by overwhelming medical expenses due to the negligence of medical professionals. For this reason, we provide proven and trusted legal representation to ensure those harmed are protected.
The Malpractice Group Can Help You
Every year, thousands of babies are left to endure the devastating consequences of birth injuries. These incidents are often preventable, yet we continue to witness the overwhelming pain and suffering babies, and their families are left to endure. When babies are injured as a result of a medical professional’s reckless and negligent actions, it is crucial that they reach out to a medical malpractice attorney in their area as soon as possible. Victims may be entitled to compensation to help alleviate the financial burdens they face.
We at The Malpractice Group of Wais Vogelstein Forman & Offutt have decades of experience assisting victims to obtain the maximum amount of compensation available to ensure they are able to get the medical treatment they need for their injuries. Our team is not only dedicated to helping families get the justice they deserve after devastating birth injuries, but we strive to ensure no other patients are harmed by these negligent medical professionals. Our medical negligence attorneys provide aggressive representation to ensure those harmed are in the best position possible to move forward. Contact our law firm today at (312) 561-4324 to explore legal options available for you.