We are an independent network of specialist lawyers operating throughout the United States. Birth injury attorneys usually deal with physical damage caused to a baby that results from complications during labor and delivery most frequently occurring during the baby’s transit through the birth canal. Physical injury may occur if the birth canal is too small or the baby is too large which may occur if the mother has diabetes. Injury may also occur if the baby is in an abnormal position in the uterus before birth. Most injuries occur in induced or operative births as opposed to natural vaginal birth and the physical damage may range from mild to severe and from temporary to long term.
Not all of these cases are actionable by birth injury attorneys as most of the incidences of this type of injury are not as a result of medical malpractice. The most frequent injuries, some of which may be unavoidable and are not necessarily the result of negligence include :-
Brachial Plexus Injuries
including Erbs palsy and Klumpke's Palsy occur when the brachial plexus, which is a network of nerves that passes from the spine, across the shoulders to the tips of the fingers, is damaged usually by trauma during a difficult birth
Brain Damage
can result from oxygen deprivation and may result in seizure, cerebral palsy or mental impairment
Forceps Marks
are usually temporary bruising however forceps may cause depressed skull fractures which require surgical treatment
Bruising
on the face or head as a result of passing though the birth canal which is usually temporary however vacuum extraction can cause bruising and scalp laceration
Caput Succedaneum
is a severe swelling of the scalp caused by vacuum extraction which disappears within a few days
Subconjunctival Hemorrhage
which is minor bleeding in the eye may be caused as a result of a traumatic birth and usually disappears within ten days
Facial Paralysis
often caused by the use of forceps during childbirth which may temporarily or permanently damage facial nerves which may ned surgical repair
Cephalohematoma
is bleeding between a bone and its fibrous covering on the baby's head and usually resolves without intervention
Fractures
sometimes occur most often to the collar bone as a result of shoulder dystosia
Specialist birth injury attorneys will consider all of the circumstances after detailed perusal of the medical records and in particular will be looking for evidence of medical errors which may support a malpractice action. There are well documented risk factors and a failure to recognize them and act appropriately may lead to a finding of negligence. Factors which predispose a child to this type of injury include:
- Failure to estimate the baby's weight before delivery
- Failure to perform a caesarean section
- Failure to diagnose and treat maternal diabetes
- Failure to inform of the risks in vaginal delivery of a large baby
- Failure to follow established methods to manage shoulder dystocia
- Applying unnecessary and excessive force during the delivery
- Failure to respond to maternal bleeding
- Failure to respond to fetal distress
- Failing to observe or respond to umbilical cord entrapment
- Misuse of forceps or a vacuum extractor during delivery
A number of states have enacted restrictive statutes due to the year on year increase in litigation by birth injury attorneys which has driven some doctors out of these high risk fields and has encouraged other doctors to adopt the expensive and unnecessary techniques of defensive medicine. Many states have created special committees to screen claims and some now require potential claims to go to arbitration. An increasing number of States have now placed a maximum limit on the amount of compensation that an injured patient may recover.
Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.
