One of the most difficult things a family can face is an injury to a newborn during birth. Birth injuries can cause physical, learning, language or behavioral developmental delays or disabilities that may last a lifetime.
It is estimated that 28,000 children are harmed by birth injuries every year in the United States. That’s one in every 9,714 births or 76 per day. In many cases, a birth injury isn’t recognized immediately and is only diagnosed after a child fails to meet developmental milestones, such as sitting up or verbalization.
If your baby has suffered an injury during childbirth that has caused a serious health complication, the medical malpractice attorneys at Becker Law Office are here to help. Contact us today for a FREE case evaluation. Our birth injury lawyers will talk with you about your situation and help you determine the appropriate legal steps for your family.
Handling Your Birth Injury Case
A birth injury is one suffered by a child during labor or delivery, or soon after birth. Birth injuries may range from minor problems such as lacerations or bruising to severe injuries that could prove fatal, such as a spinal cord injury. In some cases, the mother may be injured during birth, as well.
Becker Law Office has been representing victims of birth injuries for more than 30 years. Our birth injury attorneys have helped families like yours who have experienced serious injuries obtain compensation for medical care, including physical, vocational and occupational therapy and assistive devices, and for the child’s and family’s pain and suffering.
Common birth injuries include:
Cerebral palsy (CP)
Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy)
Cervical dystonia (spasmodic torticollis)
Cranial nerve injury
Spinal cord injury
Factors outside of medical error that are linked to birth injury include:
- Macrosomia (heavy fetal weight and large size)
- Abnormal fetal presentation (breech birth)
- Operative vaginal delivery (use of forceps or vacuum device)
- Cesarean delivery (surgical delivery; C-section)
- Maternal obesity
- Small maternal stature
- Primiparous mother (young first-time birth)
- Maternal pelvic anomalies.
It’s difficult for parents to determine on their own whether a doctor or health care professional failed to follow the recognized standard of care and caused a preventable birth injury. It usually requires a review of the medical records by independent medical professionals working with an attorney.
Medical errors that can lead to a birth injury include such negligence as not following accepted medical procedures, not promptly recognizing and addressing complications, and taking too long to make decisions, such as ordering a Cesarean (C-section). Some obstetric errors can be attributed to a lack of training or experience, or poor supervision, for which the hospital or birthing center itself may be held liable.
We Investigate Indications of Preventable Birth Trauma
The laws that protect against medical malpractice, birth injury and birth trauma are extremely complex.
If an investigation of the factors surrounding your child’s birth indicates negligence, a medical malpractice claim may obtain compensation for your family’s losses and your child’s ongoing needs. A birth injury claim takes into account past and future medical expenses, including projections for special education and therapeutic costs, and potential lost income due to diminished earning capacity. Such a claim may seek payment for the child’s and parents’ pain, suffering and loss of enjoyment of life.