There is nothing more devastating than finding out that your new born daughter or son suffered a permanent injury at birth, especially if his care was in the hands of a medical professional. It is estimated that out of every 1,000 newborn babies at least 8.6 suffer from an injury at birth.
The injuries vary in different degrees of severity, from blows to brain damage. Some of these injuries take a few days to heal, while others, unfortunately, result in lifelong disability. If your child suffered a severe injury at birth, it might have been the result of an act of medical malpractice. Therefore, you have the right to hire injury lawyer new york, and if your case is meritorious, you could even file a claim and receive compensation.
How to Find Best Birth Injury Lawyers
Among the most severe injuries affecting the brain and nervous system are:
Injuries to the head and brain including:
- Cerebral palsy
- Skull fractures
Watch Video: Types of Cerebral Palsy
On the other hand, those that affect the nervous system are:
- Erb’s Paralysis
- Paralysis of the brachial plexus
- Paralysis of Lumpke
- Neonatal hypotonia
A birth injury is defined as any trauma or injury that occurred in an infant during or immediately after delivery. Signs and symptoms may vary depending on the type and degree of severity of the injury. Some signs may initially seem insignificant, such as a particular inclination towards one side of the body. Therefore, it is essential to document any abnormality you may notice in your baby at birth.
Most Common Injuries During Childbirth
It is estimated that cerebral palsy (CP) affects two to four babies in every 1,000 newborns. It is also the most common disability among children in the US. The Center for Disease Control and Prevention ( CDC ) estimates that an average of 1 in 303 children in the US They have cerebral palsy. On the other hand, the average frequency of cerebral palsy is 1.2 times higher in boys than in girls.
“Cerebral palsy” is a generic term that encompasses disorders or injuries that affect a person’s ability to move and maintain both balance and posture. Seventy percent of the time, cerebral palsy is caused by injuries during delivery.
However, it is essential to keep in mind that an injury during delivery is not always caused or due to a specific type of medical malpractice. Cerebral palsy can be caused by a lack of oxygen in a baby’s brain at the time of delivery which can also lead to brain injury. This is not always inevitable. Therefore, it is not still the responsibility or fault of the medical staff. Some of the disorders included under the spectrum of cerebral palsy are spastic cerebral palsy, which accounts for 80 percent of all cases and athetoid cerebral palsy, which accounts for about 10 percent of cases. Finally, ataxic cerebral palsy accounts for 10 percent of the remaining cases. Do consult with your TBI law firm now.
Brachial plexus injury
It refers to an injury that affects a set of nerves that control the muscles of the fingers, hands, arms, and shoulders. There are different types of brachial plexus injuries. Erb’s palsy affects the upper part of the trunk, while Klumpke’s palsy affects the lower part of the trunk. On the other hand, paralysis of the brachial plexus, Erb-Duchenne or the one known as Horner’s syndrome mainly affect the facial nerves.
These injuries usually occur during childbirth and are caused by the clogging of the baby’s shoulders in the mother’s pelvic area. When the use of excessive force is applied to the neck or head of the baby, the nerves of the brachial plexus begin to stretch and tear. It is estimated that 2 to 5 children of every 1,000 newborns suffer from brachial plexus injuries.
If you believe that your child has been a victim of a brachial plexus injury as a result of medical malpractice do consult with your new york personal injury law firm.
Causes of Birth Injuries — Birth injuries are more likely to occur during a high-risk pregnancy and delivery.
Some of the factors that can negatively affect the normal birth of an infant are:
- The size of the baby
- The shape of the mother’s pelvis
- Prolonged labor
- The position of the baby
- Medical negligence
Medical errors can cause injuries during or after birth. This is when a medical malpractice lawsuit comes into play.
Some of the factors that can sustain a medical malpractice lawsuit are:
- Failures to try and treat the evolution of pregnancy, or diagnostic errors
- Warning failures and preventive measures in high-risk pregnancies
- Failures to anticipate complications in childbirth
- Failure to detect entrapment of the umbilical cord in the baby’s neck
- Failure to recognize negative fetal signs
- Incompetent use of forceps or obstetric extractor
- Inadequate administration of oxytocin
- Inadequate use of tweezers, vacuum cleaners and other devices used during childbirth
- Non-compliance or delay in performing an emergency cesarean section
Why do I need a Birth Injuries Lawyer?
If your child suffered an injury due to complications during delivery and you consider that the doctor or nurse may have any responsibility, a free consultation with a birth injury law firm will allow you to evaluate your case and to be meritorious. Letters in the matter.
Attorney website design services for birth injury attorney
However, to file a viable claim for medical malpractice, you must have had a direct relationship with the doctor or nurse to whom you are using. If your interaction or relationship was with doctors or consulting nurses, they may also be held responsible in some cases.
To file a claim for medical malpractice, it is essential that there is reliable evidence of an act of medical malpractice. In other words, you must be able to show that the medical provider acted in a way that another doctor would not have acted under the proper circumstances of the respective case.
An experienced injury attorney birth of Advocates knows the complexities of a medical malpractice lawsuit and can help with the assessment of the facts and circumstances of your case, as well as filing a lawsuit if the latter deserves proper processing.
Birth Injury Legal Resources
- Neurological Neonatal Birth Injuries: A Literature Review — NCBI — NIH
- UK Medical Negligence Claims – uk-medical-negligence.co.uk
- Birth injuries: incidence and predisposing factors. — NCBI
- Correlation of birth injury with maternal height and birthweight. — NCBI
- Facial nerve palsy due to birth trauma