Every year thousands of children are born with injuries through the delivery process caused by trauma or negligence. Birth injuries that can be resolved through treatment or surgery may still leave children with disabilities that can last a lifetime. Such birdh injuries can be causes of cerebral palsy or other chronic and disabling conditions.

In some instances, birth injuries are the result of medical malpractice. Birth injuries are sometimes the result of negligence on the part of hospital staff or physicians. Hospital staff and physicians may fail to resolve complications that may have come up during the delivery process. Pre-existing risk factors, for example, that have arisen during pregnancy may have also been inadequately monitored.

Such incidences can be a heartbreaking discovery for parents who come to understand that their child’s injuries caused during the process of delivery could have been averted.

Types of Birth Injuries and Medical Malpractice

The result of a child’s injuries could also be the result of the improper use of instruments during the process of delivery or the use of excessive force. Birth injuries may arise due to misuse of a vacuum extraction, obstetrical forceps, or a cesarean section.

The most common types of birth injuries include cerebral palsy, oxygen deprivation, mental retardation, Erb’s palsy and Klumpke’s palsy.

It must be noted that there is much more to a medical malpractice than a mistake on the part of a physician or hospital staff, and that not all birth injuries are caused by a medical malpractice.

Some elements that must be in place to establish and bring a successful medical malpractice lawsuit include: (1) the existence of a doctor-patient relationship; (2) a provision of care that fell below acceptable medical care standards; (3) the causal connection between a patient’s harm and the provider’s medical negligence; and (4) damages, or quantifiable harm to the patient.

Causes of Cerebral Palsy

One of the most common types of injuries seen in an infant is cerebral palsy. Cerebral palsy is defined as the congenital disorder of movement, muscle tone, or posture. Commonly referred to as CP, it affects normal movement in different parts of the body. It also varies in its degree of severity.

The word “cerebral” refers to the part of the brain known as the cerebrum. “Palsy” pertains to the paralysis of voluntary movement in specific body parts.

Causes of cerebral palsy include damage to the infant or fetal brain, and it occurs when there is neurological damage. The neurological damage prevents the brain from developing properly and it can occur either during or prior to birth, or within five years afterward.

Some common causes of cerebral palsy include: viral and bacterial infections; hemorrhaging or bleeding in the brain; head injuries sustained during child birth or an infant’s first few years; a lack of oxygen to the brain before, during or after birth; and prenatal exposure to alcohol or drugs.

By impairing a part of the brain that coordinates movement, cerebral palsy forces children to struggle with balance, movement, and posture. The issue is not a problem with nerves or muscles, but rather the result of developmental brain damage.

If an infant has sustained injuries during childbirth, parents often want answers as to what happened and if the injuries could have been averted. To determine the truth of the events surrounding a child’s injuries, a personal injury lawyer is often able to help.

A birth injury lawsuit or medical malpractice lawsuit can help recover monetary damages to help with pain and suffering, future loss of earnings, past and future medical expenses; and extraordinary care such as physical therapy, caregivers, and special education.