The last thing any new parents want is for their child to suffer from any birth injuries, but unfortunately, it does occasionally happen. Infants can undergo nerve damage during birth or other injuries that can lead to major problems in their future. Sometimes this is unavoidable, but it may sometimes be attributed to medical malpractice.
New Lawsuit Over Nerve Damage During Birth
A Pennsylvania family has filed a birth injury lawsuit alleging their son’s nerve damage during birth was caused by medical malpractice.
The lawsuit was filed on behalf of the young minor plaintiff by his parents, Ana R. and Jose M, since their son is still a toddler. The child was born vaginally on Aug. 5, 2014, but there were complications. The infant was born with right brachial plexus injury/palsy, according to the orthopedics consulted at the time. This means that a child’s arm muscles may no longer work. Unfortunately, this is a permanent condition.
Ana received prenatal care throughout 2014. According to the lawsuit, various prenatal visits showed warning signs of macrosomnia. However, the lawsuit claims that the doctors failed to warn about the risks of macrosomnia, which could lead to obstructed labor or even nerve damage during birth if delivered vaginally. Without being warned of this risk, the birth was completed vaginally, and Ana and Jose’s son was born with a serious and permanent nerve condition.
The birth injury lawsuit was filed on multiple counts, including negligence and negligent infliction of emotional distress.
Hundreds of families like this one seek medical malpractice lawyers each year after they realize their child suffered a birth injury like nerve damage during birth. Families hope that compensation from a birth injury lawsuit will help them with medical expenses going forward.
If you are the parent of a child who has suffered a birth injury, including nerve damage during birth, this may be caused by medical malpractice. You have the right to know how this happened to your child. Medical malpractice lawyers can help prove your case, and you then may be able to obtain some kind of compensation by filing a lawsuit.
Common birth injuries include:
- Cerebral palsy
- Oxygen deprivation
- Mental retardation
- Erb’s palsy
- Klumpke’s palsy
- Brachial plexus
- Retinopathy of prematurity
Of course, not all birth injuries are the result of medical malpractice. For many children, these things just happen, especially when delivered using obstetrical forceps, vacuum extraction, or cesarean section. For others, however, injuries like nerve damage during birth may have been avoided. An experienced medical malpractice lawyer can help you find answers.
Filing a Birth Injury Lawsuit
If your child has suffered from nerve damage during birth or another birth injury, you may be able to file a birth injury lawsuit. While filing a lawsuit cannot take away the pain and suffering of these conditions, it can help to alleviate the financial burden caused by medical expenses and lost wages.
The Nerve Damage During Birth Lawsuit is Case No. 2:17-cv-03603-JP, in the U.S. District Court for the Eastern District of Pennsylvania.
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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