Personal Injury
A birth injury is a disturbance or trauma to the baby, which can happen before, during or after delivery. Such disturbances can cause severe and permanent damage to the brain of the baby resulting in different levels of motor, speech and cognitive deficits. Expectant parents are at times unaware of the risks of birth injuries. Several birth injuries are physically apparent while some can only be detected shortly after birth or until the child is almost one year of age.
Around ten in every one thousand infants are born with a birth injury. Several birth injuries are caused by negligence on the part of physicians, nurses or other medical professionals involved during the birth delivery process. Generally, there are three types of birth injuries that may be related to negligence by a doctor and these are:
(1) Brain injury due to lack of oxygen
(2) Brain injury triggered by trauma to the baby’s head
(3) Neurological harm to a hand or arm.
Typical brain injuries at delivery are caused by asphyxia or ischemic encephalopathy, which usually results from insufficient oxygen to the brain of the newborn during the birthing process. Birth injuries like forceps scars, swelling, bruising and fractures are not severe and may heal within a few days. However, the baby’s nerves may be torn or injured and the resulting damage may be enduring.
Many times birth injuries are caused by factors related to pregnancy and the health of the mother. Physicians must closely detect and monitor these health issues to prevent any pregnancy and labor complications that could result to a birth injury. Other cases of injuries that occur at birth stem from the delivery process itself. Severe birth injury often results when improper fetus positioning in the birth canal was not detected by the physician.
It can take time to establish how severe and long lasting these birth injuries are. Some children often develop Cerebral palsy, Erb’s palsy and seizure problems. Typically, Cerebral palsy is not diagnosed until the child has reached one year of age. However, the signs and symptoms of this neurological disorder are evident a few months after delivery. Erb’s palsy is a nerve injury that can cause the baby’s arm to become paralyzed. This birth injury type is evident after delivery.
Filing for a Birth Injury Lawsuit
No matter what caused a child’s birth injury, parents can be compensated for their child’s suffering and pain as well as for any expenses that may be involved in the treatment and extra care that may be needed by the child as he or she grows with injury. However, proving medical malpractice or negligence is not always easy as most medical authorities have several legal experts who can defend them against any lawsuits they may face. In order to improve the chances of winning a birth injury lawsuit, it is a good idea to enlist the assistance of an experienced birth injury attorney.
With the help of a birth injury lawyer, parents or a loved one can put on a solid birth injury lawsuit as most birth injury lawyers will take the necessary steps to ensure their clients will obtain the best possible results on their compensation claim.
Your Birth Injury Case
A birth injury is a devastating type of personal injury. Some of the reasons why a child may be born with a birth injury are oxygen deprivation, damage caused by labor and deliver instruments, medical errors, improper drug prescription and pregnancy problems. Birth injury types can vary, ranging from bleeding, bruising and bone fractures to Cerebral palsy and brain damage.
Depending on the birth injury type sustained, the impact on you and your baby’s life could be profound. If your child has suffered injury at birth and if the injury prognosis is enduring or permanent, you may consider thinking about filing a birth injury lawsuit and be compensated for your child’s suffering and extra care costs. The particulars of what is needed to file a birth injury lawsuit differ depending on your child’s condition. If your child is suffering from Cerebral palsy, it is necessary to collect information to prove negligence on the part of medical professionals involved during the delivery process.
To get justice on behalf of your child, it is always best to hire a birth injury attorney who will assess your case and help increase your chances of getting the maximum compensation amount based on the birth injury type that your child has suffered.
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