Understand the different types of birth injuries and the importance of an attorney:
Understand the different types of birth injuries and the importance of an attorney: Have you recently given birth and you and/or your newborn have suffered an injury due to the medical team’s negligence or mistake? If so, you are undoubtedly dealing with a host of negative emotions and may be struggling to get the care you and your newborn need. Understanding the injury that occurred and why can help you determine if you deserve compensation for medical bills, lost wages from missing work, and your pain and suffering. This is the point when a birth injury lawyer comes in as it’s difficult to receive the compensation you need on your own. More
Here are the different types of birth injuries and when it’s time to call a birth injury lawyer.
Injuries That Occur Before Birth
Some injuries due to medical malpractice can occur during pregnancy. If a mother develops obesity, high blood pressure, an infection, or diabetes and is not treated for these conditions, it could lead to loss of the baby, loss of the mother’s life, or a compromised birth that injures either the mother or newborn or both.
Injuries That Occur During Birth
Medical malpractice by doctors, nurses, and other medical professionals in the delivery room can be dangerous or even fatal. Some of the possible acts of negligence include failing to perform a needed C-section, failing to properly monitor the baby’s heartbeat or not detecting fetal distress in time, using a vacuum or forceps incorrectly, failure to treat severe bleeding, and twisting or pulling too hard on the baby as he or she passes through the birth canal.
Injuries That Occur After Birth
Even when a baby has been successfully delivered, medical malpractice can still occur if medical professionals fail to diagnose and treat jaundice, fail to treat a uterine rupture or excessive bleeding, or fail to properly monitor the baby’s vital signs.
Mistakes or negligence before, during, and after birth can lead to a host of injuries to the baby and/or the mother. Common birth injuries to a newborn include brain damage, jaundice, skull fractures, spinal cord injuries, death, damage to the brain that leads to cerebral palsy, and twisting, stretching, or pulling of the nerves that leads to Erb’s palsy. Common injuries to a mother include death, chronic pain, and incontinence.
When to Call a Birth Injury Lawyer
If you have recently had a baby and an injury has occurred to your newborn or to yourself, you need to call an experienced birth injury lawyer. Even if you do not know if the injuries were caused by medical malpractice, it’s still a good idea to call an attorney so he or she can discuss the case with you and find out if there is cause for them to pursue a settlement or attempt to take the case to court. An experienced attorney will know how to search for evidence and prove negligence if it occurred so you can receive the compensation you deserve.
When searching for the right birth injury lawyer, ask around for referrals, read online reviews, and schedule consultations to learn more about their experience and communication skills and to talk with them more about your unique situation.
Understand the different types of birth injuries and the importance of an attorney:
| Type of Birth Injury | Description | Importance of a Lawyer |
|---|---|---|
| Cerebral Palsy | A group of disorders affecting movement and muscle tone or posture, often caused by damage to the immature brain during birth. | A lawyer can help establish if medical negligence contributed to the condition and secure compensation for lifelong care and therapy expenses . |
| Erb’s Palsy | Paralysis of the arm caused by injury to the upper group of the arm’s main nerves, often from excessive pulling during delivery. | A lawyer can assist in proving medical malpractice if improper delivery techniques were used and obtain compensation for medical treatments and physical therapy . |
| Hypoxic-Ischemic Encephalopathy | Brain damage resulting from oxygen deprivation during birth. | Lawyers can help gather evidence to demonstrate negligence, such as delayed C-section or improper fetal monitoring, to obtain compensation for ongoing medical needs . |
| Fractures | Broken bones, such as clavicle fractures, commonly caused by difficult deliveries or improper handling. | Legal assistance can be crucial in cases where fractures resulted from excessive force or improper use of birth-assisting tools, ensuring compensation for recovery costs . |
| Facial Nerve Injury | Damage to the facial nerve due to pressure on the baby’s face during labor or use of forceps. | Lawyers can help prove that improper use of forceps or other delivery instruments caused the injury and secure funds for necessary medical treatments . |
| Brachial Plexus Injury | Injury to the network of nerves that send signals from the spine to the shoulder, arm, and hand. | A lawyer can assist in demonstrating medical negligence and obtaining compensation for surgeries, therapy, and other long-term treatments . |
| Intracranial Hemorrhage | Bleeding inside the skull, often due to trauma during birth. | Legal representation can help determine if the injury was due to improper use of instruments or delayed delivery, securing necessary compensation for medical care . |
| Caput Succedaneum | Swelling of the scalp of a newborn, usually caused by pressure during delivery. | While often benign, if the condition leads to complications, a lawyer can assist in proving negligence and obtaining appropriate compensation . |
| Perinatal Asphyxia | Severe lack of oxygen during birth leading to long-term damage. | Lawyers can help prove negligence in monitoring or responding to fetal distress, securing compensation for long-term medical and developmental support . |
| Fractured Skull | Skull fractures due to trauma during delivery. | A lawyer can assist in proving that the injury was caused by medical negligence and obtain compensation for immediate and future medical needs . |
Importance of a Lawyer:
- Proving Negligence: Lawyers gather and present evidence to demonstrate that medical professionals failed to adhere to the standard of care.
- Securing Compensation: They help families obtain financial compensation for medical bills, ongoing care, therapy, and other associated costs. different types of birth injuries
- Navigating Legal Processes: Lawyers navigate complex medical and legal systems, ensuring the case is handled efficiently. different types of birth injuries
- Expert Testimonies: They can bring in medical experts to testify on the cause and impact of the injuries, strengthening the case. different types of birth injuries
- Emotional Support: Lawyers provide emotional and legal support, guiding families through a difficult and often overwhelming process. different types of birth injuries
These points illustrate the critical role lawyers play in birth injury cases, ensuring affected families receive the justice and support they need. different types of birth injuries
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