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Birth Injury Attorneys

In the event you or someone you know is injured while giving birth, birth injury attorneys want you to know parents have legal rights.

The miracle of birth is awe-inspiring and life-changing. Despite how intricate and complex childbirth can be, most deliveries are properly handled with little difficulty. Every now and then, complications arise during a pregnancy or delivery, which has the potential to cause temporary or permanent harm to the baby. Parents have legal rights in cases where a doctor’s or hospital staff member’s negligence causes birth injuries or fatalities during labor and delivery. Birth injuries can leave children with devastating, irreversible and permanent disabilities.

Potential Hospital Errors that Lead to Birth Injuries

There are a number of mistakes that can be made during a pregnancy or delivery that can drastically alter the life of a newborn. A few common medical errors that can lead to birth injuries are:

Failure to Diagnose: There are times when obstetricians fail to diagnose disorders, conditions and potential dangers for the mother and her baby, which can lead to unnecessary birth injuries or even a fatality. Pregnancy disorders such as hypertension should be diagnosed early.

Improper use of equipment: Incorrectly using forceps or a vacuum may cause permanent structural damage to the baby’s skull or cause brain trauma.

Failing to perform a Caesarian Section:
Some mothers are incapable of having a normal childbirth and not performing a C-section in situations that warrant one, can prove harmful for the mother and the baby.

Failure to make health assessments: It is crucial to have the health of the fetus routinely reviewed. Failure to notice potential health issues may limit the treatment available to the child after birth.

Defective or incorrect prescription: Mothers who are prescribed medications during pregnancy expect their health and the health of their unborn baby to improve. Prescribing an unnecessary or improper medication may cause permanent harm.

Anesthesia errors: Women are given epidurals and other types of anesthetics to ease their labor pain. If these anesthetics are not administered properly, they can harm or injure both the mother and the child.

Some of the most common types of birth injuries are:

  • Bruising, swelling, scarring and fractures
  • Nerve damage
  • Facial paralysis caused by pressure on the facial nerves by improper use of forceps
  • Brachial plexus injury or Erb’s Palsy, which is a paralysis or weakness of the arm caused by stretching of the nerves around the shoulder during birth.
  • Cerebral palsy, which is a chronic disorder caused by trauma to the brain during or near the time of birth.
  • In cases where injury or death has occurred as a result of medical negligence or error, a medical malpractice claim may be filed to seek compensation for the damages caused.

    Proving Your Case

    If you choose to hold a negligent hospital or care provider responsible for a birth injury, you will need to prove a couple of points. First, you will need to prove that a medical provider failed to give you or the baby adequate care. Secondly, you will have to show that the failure to provide care did significant damage. There is an expected standard of care that must be provided to patients.

    It is important to have a team of experienced birth injury attorneys fighting for you because the hospital you choose to hold accountable will utilize professionals to show that the care you received met the standards expected of their facility. If your child has suffered a serious or irreversible birth injury, please contact E. Ryan Bradley for a free and comprehensive consultation.