Amanda Antell  |  February 24, 2015

Category: Consumer News

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childbirthPregnancy is a time of great joy and also panic for women, especially for first-time moms. So it is important for all mothers and mothers-to-be to be fully aware of every possible birth injury complication that could occur not just during their pregnancy, but the actual childbirth process itself.

The majority of the time, babies are born safe and healthy and are ready to start their new lives with their mothers. Unfortunately, there are occasions where the baby could suffer an injury during the childbirth process, which is sometimes caused by medical malpractice. Birth injury malpractice is when a doctor or other on-site medical staff member makes a decision, which directly results in physical trauma injuries in the baby or mother or both.

It is important to note that childbirth is a naturally complicated process, where a variety of things could go wrong. Some of the most common factors of a difficult birth include the baby’s size or position inside the womb and the size and shape of the mother’s pelvis not being adequate for a vaginal birth. Additionally, complications are also more likely to arise during a prolonged labor and if medical decisions are not made in a timely manner.

The birth injuries that can occur can range in severity from cardiac defects to facial deformities, like cleft palate. According to medical experts, some of the most common birth injuries mentioned in reports include:

  • Cerebral Palsy: The term cerebral palsy is a generic one that covers a number of disorders affecting a baby’s brain function and body movement. Cerebral palsy can be the result of an injury to a baby’s brain in the womb, during delivery, or some time after birth. It can also be caused by a lack of oxygen flow to a baby’s brain during delivery.
  • Brachial Palsy (Erb’s Palsy): Occurs when the brachial plexus, the groups of nerves that makes up the arms and hands, is damaged during the birth. It most commonly occurs in the baby’s shoulder; in more extreme cases, that baby could have permanent nerve damage and need special medical instruction may be needed.

Overview of Birth Injury Causes

Birth injuries can be caused by a variety of reasons, but it is truly devastating when it results from an ill-advised decision of a medical professional. For example, birth injuries can occur because the baby was deprived of oxygen during the birth or because the baby was in the birth canal too long. Other complications include misjudging when to have the mother undergo a Caesarian section (C-section), when a vaginal birth proves to be too difficult. These decisions are considered medical malpractice, or more specifically birth injury malpractice, because they directly impact the mother and child for a long-term period.

More permanent consequences of birth injuries include nerve damage, facial deformities, and mental development issues like Down Syndrome. The treatment of these birth defects will last for the entirety of the child’s life, with even the temporary birth injuries costing a considerable amount of money.

Due to the fact that a majority of these birth injuries could have been avoided, many parents choose to take legal action against the hospital or on-site doctor. Potential plaintiffs should consult specialized attorneys, to see if they have a birth injury lawsuit.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The medical malpractice attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual birth injury lawsuit or class action lawsuit is best for you. [In general, birth injury lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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