What Can a Birth Injury Lawyer Do for Me?

By | September 16, 2013

Many times, a birth injury is preventable. The injuries involved might be directly related to exposure to highly toxic substances or medical malpractice negligence. In fact, if your infant suffers from retinoblastoma, Erb’s palsy, cerebral palsy, forceps injuries, bronchial plexus injury, shoulder dystocia, brain swelling, brain damage, internal bleeding or other possible birth-related injuries you need to consider hiring a birth injury lawyer. The experienced attorney can file a medical malpractice claim on the behalf of you and your child. Birth injury is often described as medical negligence or improper medical care during the birth of the child that might cause physical damage to the newborn, the mother, or both. The skilled attorney can help you find the answers you need for the legal questions involved in your child’s injury. The lawyer can take appropriate steps in obtaining financial compensation that will be required for your child’s future. In fact, as life’s most precious gift, infants often start receiving their medical care before their birth. Obstetricians have received specialized training to care and monitor you while you were expecting and all through the course of your pregnancy. They provided care for you and your child through labor, delivery and afterwards. Unfortunately, the type of serious injury experienced by your child occurs much too often. In fact, three out of every hundred births result in a birth injury. Your pregnancy was a vulnerable time for you and your unborn child. When your obstetrician failed to provide an effective diagnosis, was negligent in an emergency situation or when treating complications, it is your child that now suffers the lifelong consequences of their actions. Causes of Injury The physical process of a normal labor and delivery always has the potential for creating a birth-related injury when negligence is involved. Any member of the medical care staff including the doctors, nurses, assistants, or even the medical facility can cause the injury by some type of negligence. Many of the common causes that will contribute directly to a birth injury include: • Improper Care – Often referred to as negligence, the improper care that was provided by the obstetrician, a midwife, nurse or other health care professional could have a direct contribution to your child’s birth-related injury. This can happen during natural pre-natal care including labor and delivery. The cause might have been your child’s suffering of a lack of necessary oxygen, which could result in severe permanent brain injury or even cerebral palsy. • Improper Delivery – During labor and delivery, your child’s shoulders might have stuck behind your pubic bone. In an effort to free the child’s shoulders and facilitate the rest of delivery, the doctor might have used improper delivery techniques, causing a bronchial plexus injury or Erb’s palsy. • Delivery Instruments Used Improperly – During vaginal delivery, the doctor might have improperly used instruments including a vacuum and forceps. These types of injuries often cause severe facial nerve damage that could result in bleeding in the brain, facial paralysis, or a skull fracture. • Exposure to Chemicals – Direct exposure to a variety of dangerous workplace chemicals might be the cause of serious birth defects when the fetus was developing inside your womb. • Prescription Medications – Numerous medications prescribed by your doctor including SSRIs, taken by you during or before your pregnancy, might have caused your child’s birth-related injury. Medical Negligence Medical negligence might have been the direct cause of your child’s birth injuries. Often referred to as medical malpractice, this type of negligence is often at the hands of a health care provider including a doctor, nurse, or medical facility. Failure of the staff to follow all of the accepted medical standards of practice might have caused harm to your newborn. Your child’s birth injury could have been the result of medical negligence in a variety of situations. Some of those situations include: • A misinterpretation of fetal ultrasounds • A failure to quickly recognize any sign of fetal distress when your child was hooked up to a fetal heart monitor • A failure to choose to perform a C-section (cesarean section) or expedite your delivery when dictated by either your condition, or your infant’s condition • Improper use of a vacuum, forceps or other medical instrument used in delivery • Improper use of prescribing medication to facilitate or induce labor • Failure to provide care or resuscitate your child after delivery Medical negligence can often result in your child’s injury through improper management by your physician. These various complications could include: • Abnormal fetal or maternal bleeding • A lengthy labor • A compressed or displaced (prolapsed) umbilical cord • Infections • Detached placenta (placental abruption) • Inadequate size of the mother’s pelvis required for vaginal delivery Hiring an Attorney While you are your newborn’s fiercest champion and most loyal advocate, it is beneficial to put the future of your child in the hands of an experienced birth injury lawyer. You can work together with an experienced attorney to file a medical negligence claim on behalf of both you and your child. While no action can alleviate the distress and grief you and the family are experiencing because of the newborn’s injury, a skilled attorney can assist you in: • Protecting your infant’s legal rights • Obtaining a just and fair compensation for the injuries, pain and suffering • Provide you time to care for your child A skilled birth injury attorney can assist you in receiving financial support to alleviate the monetary burden that is directly related to your newborn’s disabilities. Because of that, it is important to trust your instinct and take legal steps to hold those that are negligent accountable for their actions. In addition to providing your infant with all the necessary medical care they require as a result of their birth injuries, you need to find the recovery your child deserves. By hiring a skilled lawyer, you can remain in control of the situation. Your experienced attorney can advise you of your legal options and the rights of both you and your child. They will strive hard to settle your claim or take the case to trial if necessary.

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