Child with Cerebral Palsy using a wheelchair

Birth Injuries That Can Lead to Legal Cases: What to Know

Birth injuries can lead to legal cases in several ways. For example, the AHRQ (Agency for Healthcare Research and Quality) states that 6.11 out of 1,000 birth injuries happened in public hospitals. Cerebral palsy is one of those injuries.

Such injuries as cerebral palsy are so severe that they can result in death; in these instances, the deceased’s family may file a wrongful death lawsuit. Other injuries may not be fatal but can still cause long-term health problems for the baby. 

When this is the case, parents may file a personal injury lawsuit seeking compensation for their child’s medical expenses and other damages.

Therefore, if a parent thinks that their child has suffered a birth injury, it is important to speak with an experienced attorney as soon as possible. Learn more about cerebral palsy symptoms.

Injury Cases

Here are some common injury cases eligible for filing a claim.

1) Cerebral Palsy

It is a developmental disability caused by damage to the brain’s motor control center. This damage can occur during pregnancy, delivery, or birth up to about five months old. Symptoms include problems with movement and muscle coordination, mental retardation, and seizures.

Cerebral palsy (CP) is the most common type of injury, accounting for two-thirds of all cases.

While most cases are due to prenatal factors beyond anyone’s control, medical negligence may played a role in some instances. For example, suppose a doctor fails to properly monitor the mother and child during pregnancy, delivery, or after birth. In that case, that could result in the baby’s brain damage.

An expert attorney can help one investigate whether or not medical negligence played a role in one’s child’s CP; if so, one can hold the responsible parties accountable.

2) Forceps or Vacuum Extractor Usage

If someone’s baby was born using forceps or a vacuum extractor and suffered injuries, one may claim medical malpractice. 

Following are the most common injuries caused by these devices:

  • skull fractures
  • cephalohematomas (a type of bruise on the head)
  • Facial paralysis
  • Damage to nerves in the neck. 

If one’s child is injured during delivery, it’s important to consult with a birth injury lawyer.

A lawyer can gather the right evidence to prove that the doctor or hospital was negligent. The affected person may be entitled to compensation for their child’s injuries, medical expenses, pain and suffering, and more. 

3) Shoulder Dystocia 

During delivery, the baby’s shoulder may become stuck behind the mother’s pubic bone, causing a condition known as shoulder dystocia. This condition can lead to nerve damage and other complications.

Shoulder dystocia is one of the most serious birth injuries which can cause paralysis, nerve damage, and other issues. If one thinks their child may have shoulder dystocia, it’s important to contact a birth injury lawyer.

Contacting a birth injury lawyer is the best way to ensure that you and your child get the deserved compensation. 

4) Intra-Abdominal/Pelvic Hemorrhage

When the space between a baby’s abdominal wall and pelvis experiences bleeding, it can result from various causes such as traumatic delivery, abnormal blood clotting, or maternal infection. Doctors usually use ultrasound to diagnose intra-abdominal/pelvic hemorrhages.

Final Thoughts

If your baby’s suffered any of the above-mentioned diseases, you may wonder if you have a legal case. The answer depends on factors like severity, and whether or not there is evidence of negligence. If you think you have a case, you must speak with an experienced attorney.

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