Pregnancy, labor and the birth of a child can be a stressful period where there is potential for risk and heartbreak in the form of birth injuries. Particularly, when doctors and hospital staff make mistakes due to inexperience, inattention or negligence, the consequences can be devastating for the child and the family. Pregnancy, labor and delivery must be properly managed at all times. This means the mother and baby must be regularly and accurately monitored.
From the initial sonograms to the time of birth, doctors have a legal obligation to adhere to the medical standards of care to protect babies and their mothers. When they fail to follow these standards, birth injuries may occur, leaving children permanently injured and even disabled for life. Children often suffer a lifetime of medical problems from cerebral palsy and shoulder dystocia to seizures and developmental issues. In some cases, birth injuries may even prove fatal.
Here are the three most common causes of birth injuries.
1. Oxygen deprivation: This is one of the most common causes of serious and catastrophic birth injuries. Oxygen deprivation occurs when the supply of oxygen is cut off from the fetus during labor. Oxygen deprivation may result in brain damage and in some cases, may even prove fatal for the baby. Obstetricians and nursing staff should be well trained to recognize the warning signs, which indicate that a baby might be oxygen deprived. This situation may occur when a baby has the umbilical cord wrapped around the neck, when the labor is stressful or when there are problems with the placenta.
When the baby’s brain doesn’t get a continuous supply of oxygen or when there is too little oxygen supplied, brain cells may be irreversibly damaged. Developmental delays may result, and problems with motor skills, cognitive abilities and even behavior may occur. Cerebral palsy is one of the common birth injuries that occur as a result of oxygen deprivation during labor and delivery. Children with cerebral palsy require a lifetime of medical and therapeutic care.
2. Infection: There are a number of different types of infections that may affect babies during labor and delivery. For example, Group B Strep is a type of bacteria that can cause urinary tract infections and premature delivery. It is also related to neonatal sepsis, which affects three out of every 1,000 babies. It can also cause mental retardation, blindness, hearing issues, seizures and developmental delays. Infections that affect the membranes and the amniotic fluid around the baby may lead to preterm rupture of membranes, which may prove fatal. These types of infections can and should be prevented or at the very least detected in a timely fashion.
3. Trauma during delivery: The most common types of delivery trauma include injuries caused by too much pressure or those that occur during pulling leading to physical injury. For example, forceps are sometimes used when the baby is in distress or when the mother is having difficulty delivering the baby, say, in a breech position. The obstetrician in such cases may use forceps to carefully guide the baby through the pelvis. However, improper use of forceps may cause bruising or lacerations to the baby’s head, cause facial nerve palsy, skull fracture, brain damage, intracranial hemorrhage, brachial plexus injuries, cerebral palsy, etc. Obstetricians may also use a vacuum extractor when a baby is premature or when the baby must be repositioned. Improper use of vacuum extractors can cause scalp lacerations, Erb’s palsy, cerebral palsy, hemorrhage, etc.
If Your Child Has Been Injured
If your child has suffered a birth injury as a result of medical negligence, you may be able to file a lawsuit seeking compensation for damages including, but not limited to, medical expenses, lost income and benefits, loss of livelihood, hospital and rehabilitation costs, permanent injuries, disabilities, past and future pain and suffering, etc.
If you or a loved one has been injured in a birth related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. A $43,940,000 verdict was secured for one of our clients whose child was diagnosed with cerebral palsy. The hospital failed to diagnose fetal distress, which led to brain damage and cerebral palsy from lack of oxygen supply to the brain. The verdict was so large that it was eventually reduced on appeal.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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