By Karina Basso  |  December 12, 2014

Category: Legal News

Birth Injury LawsuitDuring a birth in which the delivery of an infant requires the use of obstetrical forceps, vacuum extraction, or a cesarean section, a birth injury may occur, sometimes allegedly due to medical malpractice.

As a result of these painful and often long-lasting birth injuries, many parents have sought out the expertise of a birth injury lawyer in order to pursue birth injury medical malpractice lawsuits.

Some of the most common birth injuries an infant may suffer include:

  • Cerebral Palsy
  • Oxygen Deprivation
  • Mental Retardation
  • Erb’s Palsy
  • Klumpke’s Palsy
  • Brachial Plexus
  • Retinopathy of Prematurity

It is important for parents thinking of pursuing a birth injury lawsuit to remember that not all birth injuries occur as a direct result of medical malpractice. However, parents seeking more information to determine if their infant may have suffered a birth injury because of medical malpractice should seek the advice of a skilled birth injury lawyer.

The two most common types of birth injuries stemming from medical malpractice are cerebral palsy and traumatic brain injury. Should an infant suffer a brain injury during childbirth, either of these conditions can occur. However, symptoms of cerebral palsy and brain damage do not usually become apparent until several years after birth.

A birth injury lawyer can help you determine if you may be eligible to file a birth injury lawsuit or join a birth injury class action lawsuit.

Cerebral Palsy and Brain Damage Birth Injuries

Cerebral palsy, one of the most common types of birth injuries, is a group of permanent movement problems that can cause physical disability in body parts that perform a majority of movement in healthy human beings.

There are also other side effects that can stem from the original cerebral palsy condition, including epilepsy, cognition problems, and difficulties with communication, depth perception, and sensation. Some types of cerebral palsy include: spastic cerebral palsy, ataxic cerebral palsy, athetoid cerebral palsy, and mixed cerebral palsy.

According to medical reports, cerebral palsy birth injury occurs when an infant’s brain or body suffers a lack of oxygen during the birthing process. It is also believed that cerebral palsy can be caused by premature delivery or birth trauma. Cerebral palsy birth injuries are sometimes a result of medical malpractice.

The other most common form of birth injury is brain damage, also known as traumatic brain damage, a condition in which brain cells are destroyed or begin to degenerate. Like cerebral palsy, brain damage birth injury is commonly caused by lack of oxygen to an infant’s brain or body.

Depending on what portion of the brain is injured because of a birth injury, an infant may experience different types of impairments or disabilities. Difficulties with speech and movement may later become apparent as the infant grows older. If the brain damage is particularly severe, the child may suffer from neurocognitive difficulties, delusions, and permanent intellectual and/or physical disabilities.

Birth Injury Lawyers May Be Able to Help

Dealing with an infant’s birth injury is in and of itself a stressful and saddening experience. In the cases of birth injury resulting from medical malpractice, the infant’s condition may have been avoidable and preventable. A family that would have had a healthy child are now forced to endure severe emotional trauma, as well as burdened with extra caregiving expenses.

A birth injury lawyer may be able to help you or other parents secure compensation for an infant’s birth injury, compensation that could include:

  • Past and future medical expenses
  • Extra care, including the need for a caregiver, physical therapy, special education, and training
  • Pain and suffering
  • Future loss of earnings

If you suspect that your child has developed brain damage, cerebral palsy, or other types of conditions as a result of medical malpractice, you should consult a birth injury lawyer to see if you are eligible to file a birth injury medical malpractice 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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Join a Free Birth Injury Medical Malpractice Lawsuit Investigation

If your child was injured at birth, you may have a legal claim.  Submit your information now for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

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