Birth Injury Lawyers
The Malpractice Group - Serving Children And Families
At the heart of what we do, we care about children who have been injured by the medical staff they were supposed to trust, and the families that are now be responsible for tremendous costs incurred over the child’s lifetime. Many of our clients have spoken with other lawyers who incorrectly told them they had no case, but our experienced record setting team pursued our own investigation into their claims and found that they did have a case. We work closely with families during the investigation and legal process, knowing it’s not easy. Together, we leave no stone unturned and we are able to achieve exceptional results for our clients.
THE LARGEST BIRTH INJURY VERDICT IN US HISTORY – LET US HELP YOU
Our attorneys at the Malpractice Group recently set the National record for a trial verdict in a birth injury case. We achieved a verdict of $229 million for our client. The greatest joy in setting records is in providing justice for our clients who have been seriously injured and need help. When you call to speak with one of our attorneys, we’ll go through the entire process with you step by step, and help you understand how we can win for you. You will speak to our attorneys for free and learn about your pregnancy, labor, and delivery. If together we think you have a case, we will open an investigation and dig deeper into your situation, at no cost to you. We will thoroughly investigate every angle of your case and hold the medical providers, doctors and hospitals responsible for the negligent injuries.
WAIS, VOGELSTEIN, FORMAN & OFFUTT – THE MALPRACTICE GROUP
Our Law Firm is a committed team of experienced trial lawyers with over 150 years of collective experience uncovering the truth and fighting past doctors and hospitals that try to stop us. Our 14 birth injury lawyers have won over $1 Billion in verdicts and settlements. In fact, we believe it is our responsibility to correct wrongdoings in the medical industry that have done wrong to your family and your child as a result of avoidable negligence. As a firm, we came together out of a strong desire to get answers and protect our clients, and we have spent years tirelessly fighting medical providers throughout the country as they shamelessly work to hide the truth.
LOCAL & NATIONAL BIRTH INJURY MEDICAL MALPRACTICE LAWYERS
The birth of your child should be one of the most special and treasured days of your life. Too often, a birth injury is sustained as part of the birthing process, may they be just before labor, during the labor process, or when the labor ends. While complications can happen naturally, placing trust in your medical team entails that they do the best they can to mitigate the risk of a birth injury during labor. Medical negligence occurs when the delivery team does not respond properly when the baby is in distress, asphyxiation (or suffocation), when excessive pressure is applied to the baby’s body or head, when infection is extracted from medical tools in the delivery room, or when an improper recommendation regarding delivery has been made.
In cases of negligence, the birth injury should have been avoided, but the injury occurs due to a lack of monitoring or proper action on the part of your doctor or medical staff. Other common failures from medical negligence include improper monitoring of your baby’s distress levels, failure to move to an emergency C-section when needed, improper use of medical tools, and incorrect observation of problems such as a prolapsed umbilical cord. There is a host of ways that medical negligence can occur at every stage of pregnancy and delivery and such conditions must be properly and timely identified and resolved in order to avoid serious injury.
These markers of negligence can cause physical or brain birth injuries such as:
- Cerebral Palsy
- Erb’s Palsy
- Shoulder Dystocia
- Hypoxic-ischemic encephalopathy (HIE)
- Brachial Plexus
- Brachial Klumpke’s Palsy
If improper and negligent action is suspected, it’s important to contact a birth injury lawyer as soon as possible to start an investigation. It should be noted that some of these common birth injuries may not show signs until your baby reaches their developmental stages. If there are immediate concerns about how the labor and delivery process was handled, but there are no official diagnosis or preliminary symptoms, we are still able to begin the investigative process.
Unfortunately, many medical teams fail to disclose the details of their mistakes, which is why having an experienced trial attorney is imperative. You and your baby deserve better, and the truth is a good place to start. You trusted your medical team to make the best decisions for you and your baby, and you have been let down. We take that responsibility very seriously. Our team of highly qualified birth injury lawyers have worked for years on uncovering the truth regarding what happened during the labor and delivery process – not only because it’s the right thing to do, but because the cost of birth injuries can last a lifetime and are tremendous. We do this by uncovering evidence in medical records and monitor strips. In some cases, birth injuries may have been unavoidable and your medical team may have done the best they could. For example: Cerebral Palsy, a common birth has a number of potential causes that are independent of the birthing process, if that is what happened in your case, we will give you peace of mind and let you know at no cost to you.
Because family and accessibility to the truth are two of our fundamental values, we provide the financial resources to investigate claims at no cost to our clients. We go through a detailed process discovering what happened and learning the full extent of your baby’s injury. Then we make them pay for the injuries caused.
The following is a list of common birth injuries, their symptoms, and how they are caused. For every birth injury on this list, there is at least one other possible cause.
Cerebral Palsy is a brain injury and developmental disorder that can happen while the fetus is in the womb or during the delivery process. One of its leading causes is lack of oxygen to the baby’s brain during labor or directly after. Lack of oxygen is caused by asphyxiation (suffocating), which causes the baby immediate distress. It’s a neuromuscular disorder, which means it impacts abilities such as motor control, ability to speak, move, or grasp objects.The symptoms of cerebral palsy are often not immediately apparent. Parents may recognize that their baby has failed to reach developmental milestones such as crawling or rolling over, or may have noticed more clinical signs such as difficulties with balance, improper muscle tone, challenges with gross motor functioning or motor control, and challenges with oral motor control.
Cerebral Palsy can be caused by a number of complications. Within the womb, there may have been a disturbance in the brain cells’ ability to migrate and develop correctly. Or, there may have been a problem with myelin levels. Myelin works as a protective insulation for nerve cells, and when there is too little, nerve cells are left exposed and can become damaged.
Cerebral Palsy can also happen during the birthing process due to medical negligence. If the baby is distressed during the labor process and is unable to breathe. This asphyxiation can cause the death of brain cells, causing cerebral palsy. Because there are a number of causes, our birth injury law firm will uncover potentially undisclosed details of the birthing process to determine if intra-labor trauma was responsible. Happenings may occur negligence in the form of failure to notice fetal distress, failure to resuscitate the baby quickly, or potentially prescribing a harmful medication to a pregnant mother before the birth process.
Erb’s Palsy is caused by damage to the portion of the spinal cord called the “brachial plexus,” which is specifically located between the bones of the neck and the arm. The nerves that are found in the brachial plexus control the movement of the arms, and Erb’s Palsy occurs when the nerves are damaged. As a result, the flexibility of the arms, as well as the ability to use them, becomes hindered. Erb’s Palsy varies in severity, from affecting the arm to the hand to the fingers. It is most likely to happen during delivery, when the doctor assists in the labor process by pulling the baby by its arms, shoulders, and neck. When the baby is pulled too abruptly, forcefully, or in the wrong direction, the nerves in the brachial plexus can be damaged in ways ranging in severity. This can cause the nerves to rip off the spinal cord. This delivery is most likely for babies born face first or babies born breech, and there may be a case for medical negligence if the doctor used a form of vacuum extraction or pulled too roughly on the baby’s shoulders during delivery.
In some minor cases, physical therapy is all that’s needed to assist. But in more serious cases, intensive surgery may be required to re-establish the full range of motion. It should be noted that not all instances of Erb’s Palsy are caused by birth injury. Any serious injury to the area of the brachial plexus in the first few years of life can cause the same nerve damage, resulting in Erb’s Palsy. Symptoms to search for include pain and difficulty in using the arm’s full range of motion, challenges with moving the arm above the elbow, or difficulty when gripping objects. Not all Erb’s Palsy symptoms look the same – some children’s arms may be entirely motionless, while others seem to be numb or sore. Your birth injury lawyer will be able to assess if the damage was done during the labor process in their investigations.
Shoulder dystocia occurs when one or both of the baby’s shoulders become lodged in the mother’s pelvis during delivery. As a result, bones in the collarbone and arm regions can be broken, the brachial plexus area of the spine could be damaged, and in some cases, asphyxiation or suffocation could occur. Part of shoulder dystocia’s danger is its lack of predictability. A medical team can typically only tell that it is going to occur when labor has already begun. However, there are a number of risk factors that can clue a medical team in on the probability of shoulder dystocia, although none are absolute. Risks include:
- Macrosomia, which means your baby’s weight exceeds 4,000 grams. In this case, it is advised to pursue a cesarean section rather than proceeding with natural childbirth.
- Delivering twins or triplets
- Preexisting or gestational diabetes
- Gaining excessive weight during pregnancy
- If the mother has had shoulder dystocia in a previous delivery
If a mother meets these risks, it is advised that a medical team should recommend cesarean section. There are other techniques a medical team can try in order to lessen the risk of shoulder dystocia, too, such as giving the mother an episiotomy or applying subrabic pressure just above the pubic bone. In very severe cases when all other options are exhausted, the medical team may need to break the baby’s collarbone to deliver it.
Medical negligence occurs when medical teams do not exhaust all options to avoid complications due to shoulder dystocia. While shoulder dystocia is nearly impossible to predict, there are a number of protocols in place to prevent any birth injuries associated with dystocia.
Hypoxic-Ischemic Encephalopathy, or HIE, is a brain dysfunction that occurs when the blood flow or oxygen to the baby’s brain is cut off. As a result, the baby suffers from asphyxiation. Without access to oxygen, brain damage can be sustained in a range of severities. While the types of brain damage can differ, Cerebral Palsy is a common occurrence. However, medical professionals have all the tools needed to rescue a baby during asphyxiation. Monitoring heart rate gives clear signs if the baby is under distress, and there are a number of emergency procedures that can be enacted if the baby’s oxygen has been cut off.
Symptoms of possible hypoxic ischemic encephalopathy include a lack of reaction to sights or sounds, or overstimulation to these sensory influences. There may be signs of organ challenges or failure, may they be of the liver, heart, kidneys, or blood. They also may have a weak cry, feeding problems, and breathing problems. The damage is dependent on the length of time that the baby was cut off from oxygen.
There is an extensive list of potential causes of HIE, but some of the most common include:
- Failure to properly monitor the fetal heart. The heart is a sure indicator of if the baby is under distress. Without proper monitoring, the medical team will have been unable to know if the baby needed an emergency delivery.
- Placental complications, such as the detachment of the placenta from the uterus or placental insufficiency, when the baby is not provided with enough blood
- Umbilical cord complications
Contacting a Medical Malpractice Lawyer Who Specializes In Birth Injury Cases
We are immediately available for a phone consultation at (410) 567-0800. We accept cases on a Nationwide basis and have achieved record results in multiple states. We have offices across the country, and we are available to travel within the United States to meet with you in person, too. You are not alone as you begin to explore what happened surrounding the medical negligence you and your child has experienced. Our lawyers are available right now to discuss your case.