Understanding The Legal Process For Filing A Birth Injury Lawsuit

Approximately 28,000 babies suffer from birth injuries each year in the United States

. Many of these injuries are minor and temporary but, unfortunately, some babies face permanent disability or disfigurement as a result of medical mistakes during the delivery process.

Birth injuries typically occur during difficulty deliveries. Situations that may give rise to a difficult delivery are pre-term babies, babies weighing in excess of nine pounds, breech presentation, prolonged labor, and a small maternal pelvis preventing vaginal delivery.

Not all birth injuries are due to errors by the obstetrical team. However, there are circumstances when negligence on the part of a health care provider may be responsible for the birth injuries. Common obstetrical errors are failure to diagnose complications during pregnancy, umbilical cord entrapment, fetal distress, or failure to perform a caesarean section delivery. Improper use of forceps and vacuum extraction frequently occur. Rarely, a mother may be prescribed medications harmful to a fetus during pregnancy.

Bruising and forceps marks, broken bones (usually the collarbone), scalp swelling, and bleeding under the skin are examples of temporary birth injuries. Two serious conditions, cerebral palsy and Erbs palsy, may be the consequence of obstetrical error during birth. Cerebral palsy can be caused by oxygen deprivation or improper forceps use during birth. Severe brain damage affecting muscle control and mental functioning can result. Erbs palsy can happen when a babys shoulder becomes stuck during delivery. Nerves in the shoulder that lead to the arms and hands, known as the brachial plexus, may be torn and paralysis and loss of muscle control in the arm and hand may result. It should be noted that the severity of both cerebral palsy and Erbs palsy can vary widely.

A birth injury lawsuit must prove the child suffered birth injuries because of negligence by the health care provider and, because of those injuries, has and will suffer damages. The childs parents usually file the lawsuit and any damages awarded are deposited into a trust fund. Birth injury lawsuits form the majority of medical malpractice lawsuits.

by: Phillip Stone

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