I suffered a birth injury. What do I do?
If you or your child has suffered a birth injury, it’s essential to consult with attorneys specializing in medical malpractice and birth injury cases. These legal experts can investigate the circumstances surrounding the injury, advocate for your rights, and pursue compensation to cover medical expenses, ongoing care, and other related costs, ensuring that you receive the support and justice you deserve during this challenging time.
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What Are
Birth Injuries?
In general, attorneys who specialize in birth injury law accept cases from parents whose babies suffered otherwise-preventable injuries during childbirth. The most common birth injury claims among parents seeking justice and financial compensation include:
- Cerebral Palsy
- Erb’s Palsy
- Brain damage due to stroke, oxygen deprivation, head trauma, or other injuries sustained during childbirth
- Spinal cord injuries, which can occur with doctors or nurses pull your baby’s neck or back during the delivery process
- Hematoma (i.e., blood build-up between the brain and skull), typically due to head trauma from excessive force during delivery
- Kernicterus (i.e., a life-threatening condition due to severe jaundice)
- Vacuum extraction injuries and/or complications (i.e., bleeding in your baby’s brain due to scalp damage)
How Can a Birth Injury Lawyer Help You?
Many medical malpractice attorneys also specialize in birth injury law. These cases typically involve profound injuries or deaths that occur during the childbirth process. Negligence under birth injury law typically means a healthcare professional failed to adequately respond to a medical issue during childbirth. In most cases, that involves one or more of the following situations:
- Insufficient treatment of mother or baby’s bleeding issues during childbirth.
- Fetal distress due to lack of oxygen (also known as anoxia) that damages your baby’s brain. This can result in serious injuries that require lifelong medical care or even death.
- Umbilical cord complications, which may include bleeding or oxygen deprivation issues for the baby.
- Infections that occur in either the mother or baby during childbirth.
- Injuries to mother or baby resulting from improper forceps use or a vacuum extractor.
- Emergency cesarean section surgery, or unanticipated medical complications that occur during the procedure.
However, in some cases, birth injury law claims may involve injuries that result from negligent prenatal care by your provider. For example, if your OB/GYN fails to diagnose or identify any of the following medical issues during prenatal check-ups:
- Serious maternal medical conditions, including diseases that can infect the child while in utero. Some examples include gestational diabetes, hypertension, preeclampsia, and cytomegalovirus (CMV), as well as:
- Birth defects
- Ectopic pregnancy
- Placenta previa
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