Birth Injuries

Trauma at Birth

During a time that is meant to be celebrated as a joyous occasion, there is no greater downside to a birth than learning that your newborn has suffered injury or trauma. In and of themselves, pregnancies naturally create risk to both mother and infant; however, it is the responsibility of the medical professionals involved in a pregnancy and delivery to ensure that you are kept safe during these processes. When obstetricians do not live up to the high standards expected of them, serious medical conditions can result for both mother and child.

Problems During Pregnancy

During pregnancy, it is not uncommon for women to experience medical conditions to which they would not otherwise be prone. Health issues such as gestational diabetes and preeclampsia are commonly developed among women who are pregnant. As treatable conditions, it is extremely important that these types of health issues are carefully monitored by the obstetrician overseeing a woman's pregnancy. When a woman suffers from hypertension or abnormal blood sugar levels, especially while pregnant, it is critical that her health be closely monitored and treated by an experienced physician. Untreated, these conditions can quickly escalate into more serious problems, including seizures, cardio-respiratory dysfunction or even cardio-arrest.

Obstetricians are licensed medical professionals who are expected to be able to quickly identify any conditions that could result in adverse effects for a pregnant woman. Failure to diagnose these symptoms - or failure to take the appropriate action for treatment - is an example of negligence at its worst. Under no circumstances will a doctor's inattention or professional failures be tolerated by our legal team, particularly if they led to the injury or death of an impregnated woman or her unborn child. Potentially dangerous conditions such as diabetes and hypertension need to be acutely observed by medical professionals, and when they are not, the injuries that result may call for a claim of medical malpractice.

Cerebral Palsy & Erb's Palsy

Cerebral palsy and Erb's palsy are two of the most common birth injuries sustained by infants who are subjected to medical negligence or error. Very often, these conditions are the result of physicians whose professional actions have failed to live up to the standards expected of them. When this is the case, it is often necessary to pursue a case in court. The scientific and technical language of medical law, especially as it pertains to birth injuries, often requires testimony from experts in the field, as well as legal professionals with experience handling these types of cases.

Injury to a baby's brain while in the womb, or during delivery, can affect the child's brain functioning, as well as his / her body movements. Similar results can arise when the flow of oxygen to a baby's brain is cut off during delivery. The condition that results is referred to as cerebral palsy. Parents of children who are suffering from this type of birth injury can take a case to trial if it can be proven that the condition was caused by the treating physician's failure to recognize a baby's lack of oxygen and take appropriate action.

Erb's palsy, also referred to as brachial palsy, affects approximately 2 out of every 1,000 newborns. As a condition that affects the brachia plexus (a group of nerves that travel along the spinal cord), Erb's palsy develops most often when pressure is put on the head / neck / shoulders of an infant during birth. Lawsuits for Erb's palsy are most effective when they prove that complications were the result of an obstetrician's failure to recognize that a caesarean section was necessary based on the size of the baby. Failure to adequately deliver a baby in a situation involving shoulder dystocia, as well as applying too much pressure on the baby's head / neck / shoulders during delivery are also common causes of Erb's palsy.

Receiving Damages for Birth Injury Cases

In states throughout the U.S., cases of birth injury that are successfully settled tend to issue the awarded settlement amount to the child, not the parents. Children who have suffered harm from a birth injury that could have been avoided are usually compensated in the form of a trust. This accounts for their young age and possible inability to responsibly handle the money on their own.

The complexity of birth injury cases requires that victims retain experienced legal help to address the issue. A thorough evaluation of the case needs to be made before legal action is taken, and at DominaLaw Group, we are prepared to meet with you free of charge to complete this assessment. There are deadlines for filing birth injury claims and lawsuits, so the sooner you act the better.