Despite their years of professional training with the application of advanced technology, doctors are human, and accidents do happen. Unfortunately, no person can plan for accidents and these unpredictable events can have disastrous results. If for example, your doctor or midwife makes a poor decision during childbirth, there is an excellent chance that the baby can be harmed. If your newborn suffers from a serious injury or dies, you have a right to know what happened. This article will provide information on the difficulties faced during childbirth malpractice and the birth injury issues that can be filed. You may need the help of the best personal injury attorneys.
What Are The Most Common Birth Injuries?
Before claiming a birth injury lawsuit, it is important to know the different types of birth injuries. Birth injury, also called birth trauma, refers to any physical damage experienced by the infant during birth or soon after the delivery. The most common types of birth trauma include:
1. Cerebral Palsy
Cerebral palsy (CP) refers to a group of physical disorders that affect an individual’s movement, their ability to maintain balance, and their posture. Various factors cause CP during birth including a head trauma or lack of oxygen to the brain. It is also possible for a child to suffer from CP despite having a healthy delivery if they contract an infection soon after birth.
2. Brachial Plexus Injury
Brachial plexus injury, also known as Erb’s palsy or Klumpke’s palsy, is a condition demonstrating a loss of functioning in the shoulder, arms, fingers, and hands. The statistics for brachial plexus injuries vary widely dependent on the location; however, a consensus where figures are available to indicate that the common finding shows a global statistic of 2-5 sufferers in every 1,000 births.
This birth injury is caused by trauma to a group of nerves during delivery. The nerves in the shoulder may be torn or stretched resulting in either partial or full paralysis of one or both arms.
3. Profound Brain Injury
Profound brain injury is a brain trauma experienced when the child does not receive enough oxygen during delivery. When there is a lack of oxygen, the brain is unable to develop correctly, and brain damage is suffered. The more severe the oxygen deprivation, the more severe the level of brain damage.
When a child suffers from brain damage, their ability to function will be negatively affected. This means that the more profound the damage, the greater some disabilities and inability to function.
It is important to remember that, contrary to popular belief, birth injury or trauma is not the same as congenital disabilities. The difference between trauma and defect is that birth defects are “acts of nature” that, in the majority of cases, could not be prevented. The most common types of birth defects include Down syndrome, a cleft lip, spina bifida, and the deformation of a limb.
How Do Birth Injuries Occur?
Various issues can cause birth injuries, but there are two common causes including a lack of oxygen to the infant and obstetrical trauma.
Obstetrical trauma is typically seen during vaginal delivery conducted using instruments and occurs when the baby assumes an unnatural position before birth. To help the infant resume a position suitable for vaginal delivery, the doctor or obstetrician will utilize medical instruments (forceps or suction) and move the baby inside the womb. While this can be highly beneficial, there is always the risk of trauma such as head injury, tearing of nerves, broken bones, or lacerations.
Oxygen deprivation is one of the main causes of birth injury and most often results in brain damage. The most common causes of oxygen deprivation include the compression of the umbilical cord, leaving the baby in the birth canal for a long time, the umbilical cord wrapping around the baby’s neck, or the failure to notice infant distress and continue to perform a vaginal delivery.
Who Can Be Held Liable For Birth Injuries?
When pursuing a birth injury lawsuit, it is possible to hold all medical personnel involved in the child birthing procedure liable for the case. This can include all doctors, nurses, midwives, technicians, and additional medical professionals who attended the delivery. Furthermore, the hospital or medical center where your child was born can be held liable if the policies, equipment or procedures contributed to the birth injury.
What Compensation Can Be Received When Pursuing A Birth Injury Lawsuit?
The victims of birth trauma cases caused by medical malpractice may be entitled to compensation of various types with the most common being compensation for damages. The money recovered can assist in paying for expensive medical bills, costly nursing care, costly specialized day care, private tutoring, and any other accommodation expenses.
It is important to remember that paying for a child can be expensive; however, the cost increases when dealing with a child who has disabilities. By gaining compensation, this cost can be reduced, and you will receive peace of mind for financial issues.