Every parent will understand that one of the most devastating things that can occur in life is finding your baby has a birth injury. Everyone wants their child to be healthy and in excellent condition upon birth. Unfortunately, of every 1,000 infants born in the United States, 6 to 8 of them are born with a birth injury – meaning 1 in every 9,714 people in the United States are born with a birth injury. Infants deserve a chance to get a healthy and normal start to life, as we expect them to.
At Mike Agruss Law, we have helped thousands of clients to seek justice and compensation for personal injuries, and you won’t owe us a penny for our services unless we win your case. If you or a loved one has been injured in an airport accident due to negligence, contact our office today for a free consultation.
Common Types of Birth Injuries
- Brachial Plexus Palsy (Erb’s Palsy) – This injury is when the nerves in the brachial plexus get stretched or torn during birth. It is a type of paralysis of the arm caused by injury to the upper group of the arm’s main nerves.
- Cerebral palsy – Injuries that occur during birth can cause brain damage, which in turn can turn into cerebral palsy. It affects muscle tone or posture.
- Bone fractures – Infants can be born with bone fractures that can limit mobility and cause some pain.
- Perinatal Asphyxia – During the birth process, if the fetus is deprived of oxygen past a certain amount of time, it can cause brain damage and various complications that make later life difficult for the child.
- Facial paralysis – This paralysis is the loss of voluntary muscle movement in an infant’s face due to pressure on the facial nerve just before or at the time of birth.
- Spinal cord injuries – Any injury to the spinal cord is usually the result of blunt force trauma from someone or something during the birth process. The spine is particularly delicate at this point in life so it could be extremely damaged.
- Cephalohematoma – This is a type of internal bleeding that occurs outside of a blood vessel and is usually a clot between the skull and surrounding membrane. They can be caused by a particularly difficult birth or by certain tools used by the gynecologist during birth.
Common Causes of Birth Injuries
Birth injuries are often due to preventable mistakes at any point in the process of an infant’s delivery and/or pregnancy. Also, medical malpractice plays a large role. There are so many people that can get involved in a woman’s pregnancy, and one should be able to trust and know that they will exercise the utmost care in helping them. Between general physicians, gynecologists, midwives, nurses, and other helpers, there are many people that can make mistakes. Here are some possible errors that can result in a birth injury:
- A medical professional may fail to identify or treat a problem during pregnancy that could affect the fetus and his or her health.
- A medical professional making a medication error in terms of drug or dosage.
- A medical professional improperly monitoring the mother or infant’s condition following birth, which could result in their failure to catch a medical emergency.
- A medical professional incorrectly using a vacuum extractor during birth.
- Complications resulting from premature delivery.
- Complications from delaying the performance of a C-section.
- Umbilical cord entanglement.
Who Is Liable for my Damages?
The liability falls on different parties involved in the pregnancy and birth depending on what was found to be the likely cause. If the birth injury is due to some medication that the mother was taking, the manufacturer of the drug may be found liable if they failed to warn physicians of its potential side effects and/or it was not reasonably safe to use as intended.
If the birth injury is due to a physician failing to warn an expecting mother about potential side effects of a drug, that physician may be held liable.
If the birth injury is due to medical malpractice or negligence in caring for a mother during her pregnancy or birth, then the hospital could be held liable. This is because an employer can be held liable for the negligent acts of its employees. If the physician was an independent contractor simply at the hospital taking care of the mother, then this would not apply. You may be able to sue that physician (or nurse) individually.
You can also sue the hospital to which you went if the staff has proven to be negligent, it grants employment to an unqualified candidate (if they have inadequate credentials), if they have a nursing shortage and are neglecting quality care at any one point, and a few more things. Essentially, if your injuries are a direct result of the hospital acting negligently or not following the expected protocol, you may be able to sue them to recover damages.
Contact Mike Agruss Law, Today
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 1,000 outstanding client reviews on our website, an A+ BBB rating, and over 135 five-star reviews on Google. Call 888-572-0176, email us at [email protected] or schedule a meeting with us here. We’re here 24/7.