Birth injury is a term that refers to any injuries a newborn receives while still under medical care. Birth injuries most commonly occur during the process of labor or any time after that in which the child remains in the delivery ward. The implications for this concept are horrifying; helpless children are often harmed due to the negligence of substandard medical professionals. In fact, birth injury is sometimes termed as “birth trauma”, which clearly labels the injuries for what they are: traumatic to a parent and child, and possibly life changing.
Malpractice in the genre of birth injuries takes place when a medical professional, medical institution, or the staff of a medical institution neglects to provide reasonable care and causes:
● Harm to the mother and/or child during the process of pregnancy or delivery.
● Births which the parents would have ended if they had been aware of certain deformities and birth defects
● Failed attempts to avoid getting pregnant or end a pregnancy.
Seven out of every 1,000 children born in the United States experience some form of significant birth injury. This adds up to 538 children injured due to negligence per week, which is 76 children harmed per day, and an alarming three newborn children harmed on an hourly basis. Obviously, birth injury is a lot more commonplace than you may have presupposed. If you suspect that your child has been injured due to medical malpractice, review the information below to learn more about the most frequently occurring types of birth injury and the best way to handle a situation in which your child has been injured during the birthing process.
Consequences of Birth Injury
The first possible party to be affected by birth injury is the infant. If an infant receives harm of some kind due to medical negligence, the parents are responsible for enacting a lawsuit because they are the legal guardians who are acting on behalf of a helpless individual – a newborn. Parents most commonly ask for compensation concerning the cost of overall suffering, pain caused to parent or child, and any negative emotional consequences or mental health problems associated with the malpractice.
The second potential party that may be injured is that of the newborn’s mother. Any kind of medical negligence that results in a mother’s injury during or before delivery is ripe for legal action. Many times, if a mother is injured while in process of giving birth, it is due to the involved medical practitioner’s ignorance.
The third potential party that may be injured is that of the parents, grouped together as one unit. The emotional trauma of a birth injury can cause significant mental strain, emotional distress, and other mental problems to concerned parents. Any kind of suffering that parents go through as a result of a physician’s lack of quality care are potentially available for compensation.
Frequently Occurring Birth Injuries
Unfortunately, there are many ways a negligent medical professional can potentially harm a newborn baby. Some of the most common injuries are listed here for your reference:
● Bone fractures. Complex deliveries may be caused by the broken bone or bones of a fragile baby.
● Cephalohematoma. A blood build up beneath a bone in the skull.
● Brachial Plexus injuries (BPI). A BPI usually involves harm done to a group of nerves originating in the upper spine and leading to the limbs. Nerve damage in this area may result in moderate to severe disability that may or may not be lifelong.
● Caput Succedaneum. The swelling of a newborn’s scalp that makes the child’s head look bruised or dark. This condition is usually caused by too much pressure during the birthing process.
● Subconjunctival Hemorrhage. This occurs when a blood vessel pops in a newborn’s eye, creating a very irritated eye that is a vibrant red color in appearance.
● Cerebral Palsy. This condition involves muscle spasms and malformed or under-strengthened muscles. Many people with cerebral palsy have difficulty developing their motor skills. This condition has no cure.
● Perinatal Asphyxia. When a baby is not supplied with the amount of oxygen he or she needs, the deprivation results in a blood deficiency. Perinatal Asphyxia may result in difficulty breathing, comas, pale appearance, shock, or seizures. This condition may be temporary or permanent, depending on the amount of damage caused.
● Paralysis of the face. When a newborn’s facial nerves are damaged, he or she is unable to control the movement of facial muscles. This can be temporary or permanent depending on the extent of damage received.
● Intracranial Hemorrhage (Subarachnoid Hemorrhage). Bleeding that takes place in the skull may cause an intracranial hemorrhage.
● Injury to the spinal cord. One of the most severe forms of birth trauma, spinal cord injuries often cause permanent difficulties that involve paralysis or problems in neurological functioning.
What You Can Do
If you think your child may have been subject to medical neglect during the birthing process, you ought to quickly take legal action. This can be difficult for those who are not experienced in the way legal systems work; it may be best for you to contact a reliable attorney with your questions and concerns about birth injuries. You have a right to compensation for whatever kind of injury your child received due to another person’s neglect while on the job. Contact an attorney today to learn more about your available options and how you can win back what you deserve in court.
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