Elite Lawyer

Birth Injury Attorney Overview

Lawyer Representation in Personal Injury and Wrongful Death Cases

The birth of a child is a joyous moment for a family, but unfortunately, incidents occur all too often in which errors are made during labor and delivery that can result in serious injuries to the baby or the mother. When this happens, a family may be able to receive compensation through a personal injury or wrongful death lawsuit.

If you or your child have been injured during birth, an experienced personal injury attorney can help you determine your best options for pursuing compensation. While a financial reward cannot erase the pain of a birth injury, it can provide a family with much-needed resources as they deal with the aftermath of an injury or death.

Common Types of Birth Injuries

Birth injuries can result in devastating, long-lasting harm or even death. Sadly, many of these injuries are avoidable, and they often occur because of the negligence of doctors, nurses, or medical staff. Some birth injuries which can result from medical negligence include:

  • Cerebral palsy, which can be caused by a lack of oxygen to a baby's brain. This can result from improper fetal monitoring, improper use of medications to induce labor, untreated infections, or head trauma during delivery.
  • Brachial plexus injuries (such as Erb's Palsy or Klumpke's Palsy), which occur when a baby experiences excessive pressure on the head, neck, or shoulders (known as shoulder dystocia). This can result from the improper use of forceps or a vacuum extractor, and it can lead to paralysis in a baby's arms or shoulders.
  • Hypoxia (oxygen deprivation) due to infections, umbilical cord prolapse, or improper treatment following birth. Hypoxia can lead to permanent brain injuries and lifetime disabilities.
  • Seizures, strokes, organ failure, or death for the mother or child due to the failure to diagnose preeclampsia, a pregnancy complication involving high blood pressure.
  • Lung injuries resulting from failure to diagnose issues such as meconium aspiration syndrome.
  • Head injuries resulting from improper procedures during birth, leading to bleeding or swelling in a baby's brain.
  • Broken bones resulting from the use of too much force during delivery.

Doctors and other medical professionals owe a duty of care to their patients, and when they fail to meet this requirement, serious birth injuries can occur. If you or your child has experienced an injury during birth, it is essential to work with a skilled attorney. An experienced lawyer can help you understand how to distinguish between a preventable birth injury and a birth defect and work to ensure that those responsible for your injuries are held liable, allowing you to receive the financial compensation you deserve.

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