We are a national network of specialist lawyers operating throughout the United States. Our birth injury lawyers are able to deal with compensation settlements for a wide range of medical problems that can be caused to a baby before, during and shortly after birth as a result of medical malpractice. Babies who are born by induced or operative procedures are far more likely to be injured than babies born as a result of a spontaneous vaginal delivery.
The main causes of this injury are shortage of oxygen, which can cause brain damage, and physical injury which most often occurs when the baby is in a difficult position just before labor starts or when the baby is too large to pass through the birth canal without mechanical assistance. Injury to the baby can occur if excessive force is applied
during delivery or there is a delay in performing a necessary caesarean section
delivery, or if the delivery team fails to properly anticipate the size of
a baby. The most common injuries which may result in legal action by birth injury lawyers, include :-
In addition there is also a class of problems that may be due to clinical negligence, that can, in some circumstances, be actionable by birth injury lawyers, known as neonatal conditions which occur shortly after birth, the most serious of which, although rare, include :-
Hip Dysplasia
is a dislocation of the leg from the pelvis and a careful examination of the hips should be carried out at regular intervals until the child is walking normally. Delay in diagnosis makes treatment more complicated and often involves repeated hospitalization, major surgery and a less than satisfactory end result.
Neonatal Hypoglycemia
is a caused by reduced levels of glucose in an infants blood stream which can cause damage to the brain. High risk babies include infants of insulin dependent mothers, infants with growth retardation, pre-term and asphyxiated infants. Doctors often do not recognize that the child is suffering and as a result do not take appropriate action to prevent brain damage.
Kernicterus and Hyperbilirubinemia
are very rare conditions however they can cause severe brain damage resulting in cerebral palsy. The symptoms of kernicterus and hyperbilirubinemia should be recognized by physicians who should take timely and appropriate action.
The Law does vary from state to state and this can be an important consideration particularly in relation to the Statute of Limitations for each state. It is also necessary to study the statutes in each individual state as there are often different procedural rules. A number of states have enacted special law due to the year on year increase in litigation by birth injury lawyers which has driven some doctors out of certain high risk fields and has encouraged other doctors to adopt the expensive and unnecessary techniques of defensive medicine. This increase in litigation has brought about a consequential increase in liability insurance rates for healthcare professionals. 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.
